Roxon rejects pardon bid for Breaker Morant

High ResHandout photo taken in a studio in 1900 and released by the Australian War Memorial on March 15, 2010 shows Australian Private Harry Breaker Morant who was executed by firing squad in 1902. Australian lawmakers debated asking Britain for an official pardon for two soldiers, executed during the Boer War, whose story has become a cause celebre. Critics say Morant and compatriot Peter Handcock, who were court-martialled over the murder of 12 Boer prisoners of war, did not receive a fair trial.      RESTRICTED TO EDITORIAL USE            AFP PHOTO / AUSTRALIAN WAR MEMORIAL / HO

Still guilty … Harry “Breaker” Morant. Photo: AFP

A THREE-YEAR effort by an Australian navy lawyer to have Harry ”Breaker” Morant posthumously pardoned has been dealt a blow by the Attorney-General, after she refused to take his case to the British government.

Morant and fellow Australian Peter Handcock were fighting as part of the British Army’s Bushveldt Carbineers during the Second Boer War of 1899-1902. They were executed after being found guilty of killing 12 unarmed prisoners of war and civilians.

A third Australian, George Witton, was also found guilty but escaped with life imprisonment.

It would not be appropriate for the Australian government to advocate a pardon ... Attorney-General Nicola Roxon.

“It would not be appropriate for the Australian government to advocate a pardon” … Attorney-General Nicola Roxon. Photo: Graham Tidy

Since 2009, an Australian naval lawyer, James Unkles, has been crusading to have the three receive an official pardon from the British government due to what he says was a lack of procedural fairness in their trial, including denying the right to appeal against the death sentence.

There has long been a theory in Australia that the three men were used as scapegoats to appease the Germans, who were furious over the shooting of a German missionary.

Commander Unkles claims he has found numerous pieces of evidence that showed a miscarriage of justice had taken place.

In 2010 the former attorney-general Robert McClelland asked the then British secretary of defence Liam Fox to examine Commander Unkles’ material, but the appeal was rejected.

Undeterred, Commander Unkles submitted a fresh petition with the new Attorney-General, Nicola Roxon, but she, too, has now rejected his claims.

”It would not be appropriate for the Australian government to advocate for a pardon … when there is no dispute that Mssrs Morant, Handcock and Witton actually committed the killings of unarmed Boer prisoners and others,” she wrote in a letter to Commander Unkles yesterday.

”I consider that seeking a pardon for these men could be rightly perceived as ‘glossing over’ very grave criminal acts.”

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