Injustice for ‘Breaker’ Harry Morant, but the fight continues!

Almost 108 years after they were found guilty of killing Boer prisoners of war and executed by a British firing squad, the prospect of justice is still elusive for Lieutenants Harry “The Breaker” Morant, Peter Handcock and George Witton, (sentenced to life imprisonment).

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The British Government’s Secretary of State for Defence, Mr Liam Fox, MP has announced that the petition for pardons (quote) ‘does not identify any new primary evidence and I have determined that there are insufficient grounds on which to take the petition forward’ (end quote).

The refusal of the British Government to consider the case for pardons and the evidence that says Lieutenants Harry “Breaker” Morant, Peter Handcock and George Witton did not receive fair trials and should not have been sentenced to death is an insult to our democratic traditions of due process of law.

I would like to offer the descendants of these men my sincere apology for the decision made by the British government. I join Australians who support the case for pardons in condemning the decision about this case as it demonstrates the British government’s refusal to have an independent judicial assessment of the case in an open and accountable manner and without the interference of those who support this travesty of justice.

In 1902, the British conducted a trial of these men in secret and without consultation with the Australian government. One hundred and eight years later, Dr Fox has again conducted a review in secret, without any accountability to the public and scrutiny of his decision. Although I produced previously ‘hidden‘ evidence of orders of British officers to men like Morant not to take prisoners, Dr Fox has refused to convene a judicial inquiry to assess all the evidence for and against the granting of pardons. The evidence of superior orders is compelling and corroborates what Morant said, that he obeyed orders and yet payed the ultimate price while his British superiors, (in particular Captain Taylor) escaped liability!

Regrettably, Secretary Fox has relied on the advice of public servants in his Department rather than an assessment by an independent judicial officer. Further, the decision is protecting the reputations of senior British military officers, in particular Lord Kitchener who used these men as scapegoats for flawed tactics in fighting the Boers in 1902.

This decision is not only against the weight of evidence in support of pardons, it is an insult to the Australian House of Representatives inquiry into the matter in March 2010 when the case was described as strong and compelling. It also flys in the face of prominent judicial figures, MPs and others who have urged the British government to do the right thing and subject the case to a judicial inquiry and not rely on the subjectiveness of British public servants ‘behind closed doors’.

This case won’t go away with this decision. It will continue to attract support for justice and criticism of the British Government. Winston Churchill once said, ‘If you are going through hell, keep going’. I assure the British Government, the case for pardons will continue and redress will be sought through judicial means!! I have already commenced work in this regard, to get this case away from bureaucrats and before a judge in an open and transparent hearing.

A final word about the Australian government! The reluctance of the Gillard government to lobby the British for a fair and transparent judicial review is regrettable. While Ms Gillard supported a mercy plea for drug trafficker, Schapelle Corby she has ignored the plight of the ‘Breaker’ !

Details of the case for pardons can be viewed at: www.breakermorant.comThe public are invited to sign the on line petition and poll and write to protest about this decision to:

Rt Hon Philip Hammond MP, Secretary of State, Ministry for Defence,
Level 4 Zone B Main Building Whitehall, London SW I A 2tIB and:

The Hon Julia Gillard MP, Prime Minister, Parliament House
CANBERRA ACT 2600


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One Response to Injustice for ‘Breaker’ Harry Morant, but the fight continues!

  1. jamesunkles says:

    Hi Andries, your comments mean little. The Australian Attorney General has taken a stand. He agrees with the evidence and submissions I have prodcued that these men were denied lawful and due process according to the laws of 1902.

    This is an historical development. For the first time, an Australian government has taken action. I will see what the British government’s attitude is to the Attorney’s submission.

    Regards

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