THE trial and ensuing execution of Lieutenants Harry ‘Breaker’ Morant and Peter Handcock in February 1902 in the heat of the Boer War has remained a tender point in both Australian and British military history.
Jim Unkles will bring six years of research to the School of Arts this Saturday.
The circumstances of the case, in which Morant, Handcock and George Witton were accused and tried for the killing of at least eight Boer prisoners, and that of Reverend Heese, would later become the source of one of Australia’s earliest military scandals.
More than a century later, recognised military historian and legal advocate James Unkles took up the case in 2009 as a point of research leading to last year’s moot court hearing in the Victorian Supreme Court in which senior Victorian barristers agreed the case would be deserving of an acquittal.
Mr Unkles said he has unearthed new evidence of considerable intrigue in the case and will be bringing his six years of research experience to Tenterfield’s Henry Parkes School of the Arts theatre this weekend.
“I’ve uncovered evidence that these men were not tried according to law,” he said.
“There is new evidence that I have uncovered about orders given by senior British military officers to shoot prisoners and I have uncovered other evidence of other instances where prisoners were shot by other Australian and British troops, but these people were never prosecuted.”
Unkles will arrive in Tenterfield this weekend for the screening of his new documentary featuring Tenterfield’s Major JF Thomas, a country solicitor and one-time owner of the Tenterfield Star who defended Morant, Handcock and Witton during the court martial.
“It is about focusing attention on the courageous work done by a small town country solicitor, 5000 miles away from home at the turn of the 20th Century, alone, with no assistance and no support,” Mr Unkles said.
While the incidents that constitute the case occurred over a century ago, Mr Unkles said it is critical that further investigation be undertaken.
The historian and legal advocate, who has petitioned the Queen to pursue the case, said until there is a formal and independent inquiry into the incident, it will remain a contentious issue in both Australian and British military history.
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“For the documentary I interviewed very senior QCs, including Geoffrey Robertson and others, and they all agree that the case is deserving of review,” Mr Unkles said.
“It has messages from that incident that are relevant to the present about celebrating Australian values of a fair go and abiding by the presumption of innocence, judicial process— which was just as relevant in 1902 as it is now—so there are important jurisprudential issues about respect for the law and due process.”
Mr Unkles said, while he has extensively researched the case he has not yet visited Tenterfield and is looking forward to getting feet on the ground in the home of Major Thomas.
He said he will be attending the screening and hosting a Q&A session for film-goers on the night.
With new evidence anticipated as part of Mr Unkles research, he said the documentary is not a rehash of the Australian classic ‘Breaker Morant’, but is rather a call for renewed interest in the case and for an independent review.
“I believe that these men weren’t tried according to law and denied appeal, denied various rights according to the law of 1902 and suffered a fatal penalty.” Mr Unkles said last week.
The film will be shown from 2pm at the Henry Parkes School of the Arts on Saturday.
Inquiries to be directed to Tenterfield School of Arts on 6736 6100.
POST SCRIPT:
This event was a highlight and explored the history of Tenterfield and its connection with home town lawyer and community leader, Major James Francis Thomas, counsel for Morant, Handcock and Witton
Writing a letter after this most convincing display of evidence. I come from a family of servicemen and I would expect nothing less for them in our time. Thank you for sustaining the prominence of this case. Especially for the lawyers sake. He fought and died for the rights of men. A noble man indeed.
Only in Australia is a war criminal celebrated as a national hero and Jim should think of a better cause for his talents.
Too late to stop now Joe, 6 years of dedicated research. The Moot court hearing last year in the Supreme Court was so convincing and was the subject of dedicated legal review that the result calls for an independent judicial inquiry. You may also have noted the interviews with such learned counsel as Geoffrey Robertson and other leading community figures. Such views cannot be ignored and justify independent review, which makes me wonder what the critics fear from a review. I believe the evidence I have accumulated implicates revered military figures like Lord Kitchener and a conspiracy to pervert the course of justice, the manner in which Morant, Handcock and Witton were illegally treated. Look forward to your review of my book coming out in Feb 2015, cheers Jim Unkles
What are the title and publisher of your book? I would enjoy reading it as I have read the previous books about this incident.
Thank you.
PS I am a rugby playing YANK who believes the Breaker was railroaded!
Hi Joe,
This should be titled a mocumentary, documentaries rely on or reveal facts.
It is indeed bizarre that a proudly British child murderer, Morant, would be portrayed as an Australian martyr. Jim refuses to let facts (such as Morant’s status as a British National or the merits of the case) interfere with his curious view that a murderer should be pardoned because other murders were supposedly unpunished. His view was fixed when he saw a fictional movie.
I am saddened by the lack of compassion shown for the victims of these indefensible war crimes. Jim has chosen to rub salt into the wounds of the descendants of the murder victims by refusing to even acknowledge them, or to condemn the crimes. No reference to what happened to them can be found on this website, Jim has not even acknowledged their names. This is disgraceful.
The fact that Jim relies for support on a sham “court” case which read out a predetermined verdict minutes after the scripted comedy “court” closed on a Saturday, says it all.
If Jim believes in the legal merits of the case then it begs a simple question, why he does not approach a competent Court?
Sincerely,
Andries
Hi andries it’s been awhile. Keep an eye out for a development in this case. Details will be posted cheers
I live in the USA and would like to watch the documentaries on Major Thomas and Breaker Morant the Retrial. Do you know of a site online where they are available? The trailers are on YouTube; is it possible to put the documentaries there? I am fascinated by the story. Thanks
Jim,
Please contact me. I researched the Morant / Handcock affair when in the army in 1968.
Regards,
Peter Mac
Joe West on October 24, 2014 at 4:36 am
Only in Australia is a war criminal celebrated as a national hero and Jim should think of a better cause for his talents.
I presume you are referring to one Ned Kelly.
yes certainly, try Ebay there are copies available for sale, cheers Jim
what’s your number will give you a call, thanks
thanks, sorry a delay with final editing may be early 2017, cheers and thanks for the support
They admitted to murdering POW’s. Whether they were ordered to do so, or not is irrelevant, as obeying an illegal order is not an excuse, and does not legalise the act.
What is the name of the documentary?
Breaker Morant The Retrial, should be able to get it on Ebay, thanks for the email cheers
With respect, the legal review I have done concerns common and statute law of 1902 not the present and secondly my focus has been on a flawed legal process to try and sentence these men, particularly the denial of appeal, a right they had but was denied, thanks James
Breaker Morant – The Re Trial
thanks happy to discuss my phone no 0405129167
yes, illegal post WW2, back then in 1902, legal under the law of reprisal
Poor soldiers. I would be very much ashamed to let my officers stand in the rain I ordered like Kitchener, who is in my opinion the originator of these unfortunate happenings.
Is is high time to pardon the officers considering all the special circumstances during that difficult time between both war parties.
If all the accusations are taken for real – than the Highlanders who killed the officers are murderers too!
A bit late in this post, but what law in 1902, military or otherwise, permitted the killing of POWs?
That really is the question. Someone tell me please.
I am also conscious of the fact that British/ZOG greed to expand their Empire meant that the War should not have happened at all. The Boers were victims of a callous war machine.