This book that provides an historical assessment of the life of James Francis Thomas, the country lawyer from Tenterfield, New South Wales who was destined to represent three Australians, Lieutenants Harry ‘Breaker’ Morant, Peter Handcock and George Witton has been reviewed by a number of authorities, including two senior Barristers in Victoria, Andrew Kirkham QC and Gary Hevey.
The article can be viewed at the following PDF link:
Background
In 1902, three Australian volunteers who served with the British Army during the Anglo Boer War were tried and sentenced for executing Boer combatants. Lieutenants Harry ‘Breaker’ Morant and Peter Handcock were executed and George Witton sentenced to life imprisonment. The manner in which these men were treated remains controversial, shrouded in protest that they were scapegoated for the war crimes of their British superiors.
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The book is dedicated to the memory of Major James Francis Thomas who was relegated to history without an understanding of who he was and the part he played in the dynamic development of the town of Tenterfield in New South Wales, Australia, as a property owner, solicitor, newspaper proprietor, historian, poet, proponent for Australian nationalism, volunteer soldier. How he came to serve in the Boer War, yet destined to die alone from malnutrition, destitute having suffered from the stress of what he experienced in representing Morant, Handcock and Witton as their trial lawyer.
This book acknowledges Thomas’ sacrifice he made in acting for his clients, a task that took a terrible toll on his mental and physical health and his life in Tenterfield.
Geoffrey Robertson, AO, QC, author, international jurist and respected human rights lawyer commented on the book:
“It is an awesome responsibility for a defence lawyer to try to save the life of a client – as I know from my own death row practice. This fascinating book tells the story of a country solicitor called upon at the last moment to defend three Australian soldiers facing a British military establishment determined to execute them and to cover up its own failings. The trial was outrageously unfair by today’s standards, and even by rules of the time, but Major James Thomas did his best – which is all you can do. A worthy contribution to literature on miscarriage of justice.”
How many trials of a hundred years or more ago would be of the standard of fairness expected today? The fact remains they were guilty of plain cold-blooded murder of numerous men and boys.
Nothing more to see here.
Thanks, let’s be clear the case for review has never, never been judged on the standards of judicial review of 2020.
Even by the military and common law of 1902 these men were denied fair trials and an appeal that they were entitled to.
One outrage of murder does not then excuse another outrage, denial of fair trial and appeal. Review the interviews attached to this web site and listen to what was said.