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Fathers rights rooftop protestor accuses judge of aiming gun
Last updated at 23:22pm on 28.11.06
Jolly Stanesby, dressed as Santa, on the roof
A judge could face police questioning after claims he aimed a gun at a member of Fathers 4 Justice who was staging a protest on his roof.
Judge David Tyzack was accused of brandishing the weapon at a campaigner who climbed on top of his country residence dressed as Father Christmas.
The campaigner, Jolly Stanesby, claims he was threatened by the judge as he unsuccessfully ordered him off the £1million property.
But although Judge Tyzack admits holding the gun, he insists it was because he believed an "injured bird" had landed on his roof.
And he says that when he realised it was a man, he put his gun away and called the police.
The bizarre stand-off took place early yesterday morning, after the veteran campaigner donned a Santa Claus costume, climbed on to the judge's house and unveiled a banner which read "Put the Father back into Xmas".
The protest deliberately targeted Judge Tyzack, who earlier this month refused Stanesby's court application for greater access to his daughter.
Mr Stanesby, 60, who plans to stay on top of the seven-bedroom house for "several days" said he feared for his life when the judge appeared below the roof armed with a double barrel shotgun.
A spokesman for the judge then blamed the initial denial on a "breakdown in communicaton" and said the judge had been carrying a gun because he thought a wounded bird had landed on their roof.
Peter Farr, spokesman for the Judicial Communications Office, said: "The Judge and his wife were woken at about 7.15 am by what they thought was the noise of a bird trapped on top of the roof of their house.
"Because he thought it was a bird he did get his shotgun and he did load it and took it outside.
"When he got outside and looked on the roof he recognised immediately the man and realised he was a protester.
"He took the gun straight back inside where he secured it and he then called the police to deal with the incident.
"There is absolutely no question of him pointing the gun towards this man."
But a spokesman for Fathers 4 Justice said the group had taken legal advice and were considering pressing charges against the judge for threatening to endanger the protestor's life.
Speaking from the roof in Farringdon, near Exeter, on a mobile pone, Mr Stanesby said: "I genuinely feared for my life this morning when the Judge came out and appeared to aim his gun at me.
"I turned my back and tried to lie down as low as possible on the roof. I am now concerned that the sheer numbers of police indicate that they intend to remove me by force which may result in a serious accident.
"All I want to do is to stage a peaceful protest and come down when I am ready."
Stanesby has been locked in a custody battle since they split in six years ago.
The couple's daughter lives with her mum in Devon and sees her father every other weekend.
Last night the mother described Stanesby's rooftop antics as "totally unnecessary" and said: "He just likes drawing attention to himself.
"He likes being on the news, climbing up cranes or whatever.
"It's totally unnecessary and I don't want my life displayed in this manner."
A Devon and Cornwall spokesman said last night that an investigation into the incident involving Judge Tyzack and Mr Stanesby would be launched if a complaint is made.
The spokesman said: "If a complaint is made then we are obliged to investigate. But the judge is on his own land and would be allowed to despatch vermin or injured birds on that land.
"He would not have committed any firearms offences."
In August 2005 Stanesby was given a 12-month conditional discharge at Newport Crown Court after he joined three campaigners waving a banner from a gantry across the Severn Bridge.
As well as handcuffing himself to the former children's minister Margaret Hodge, he also had to be brought down from a crane in Exeter and a gantry over Tamar Bridge.
If charges are brought against Judge Tyzack after today's incident, it is likely to be compared to the case of Norfolk farmer Tony Martin, who was jailed for murder after opening fire on burglar Fred Barras in August 1999.
The conviction was reduced to manslaughter on appeal and Martin was released in 2003 after a debate about property owners' rights to tackle intruders.
Reader views (7)
Here's a sample of the latest views published.
Dorothy of London, if you were right, we wouldn't be seeing such protests in the first place. If you do some research, you'll find fathers' rights groups are swelling in numbers because of the divorce epidemic and the unenforced court rulings allowing the custodial parent (usually the mother) to ignore the wishes of the non-custodial parent.
- Andrew, Manchester, UK
It does seem to be overkill to go to the bother of unlocking a gun cabinet, rushing outside and loading the gun because an injured bird ( with clogs on? ) was supposedly making a noise on your roof!
Why would any sane person try and remove an injured bird from a roof with a shotgun which is likely to damage the property than an injured bird?
Someone who is highly paid to make fair and balanced decisions on a daily basis through their profession appears to have made an appalling decision in this case.
- Harry, Cheshire
Another waste of time and money. A crime was intentionally committed by a would be martyr for his cause. Either ignore him or lock him up for a good long stretch if he won't be bound over.
- Alexis Dogilewski, London, England
These stupid protests show exactly why the men concerned were thought unsuitable to have custody. The facts are that contact is refused in only a tiny percentage of cases and for very good reasons.
- Dorothy, London, UK
He thought it was an injured bird on the roof? Surely a judge would have heard far better excuses from the dock. Pull the other one!
- Threaded, Roskilde, Denmark
When will the authorities realise they have no right to steal people's children (unless parents have broken the law)? This fight will never end until legislation is changed to prevent anything but shared parenting, except in cases of evidential abuse. Children are routinely taken from good parents for no reason and people won't wake up to the fact that this can and does, happen to anyone, anywhere, whatever/whomever you are.
- E. Robillard, Chelsea, London, UK
Good to see the fathers rights movement taking the fight directly to those directly responsible for so much misery in the family courts.
- Tom, North East
