Our Lecture on 3 July 2021 - Justice Denied? Lt Harry 'Breaker' Morant
From October 1899 a bitter conflict between the British and two Dutch South African republics (the Anglo-Boer War) raged across the South African veldt.
British
Commander Lord Roberts left South Africa before the end of 1900 and declared
victory. But the war was far from over. His successor Lord Kitchener knew a
change of strategy was necessary to fight an effective guerrilla insurgency. He
introduced a scorched earth policy of burning farms and crops, and
concentration camps to remove non-combatants from the field.
Excesses in war and brutal treatment of prisoners are
synonymous with human conflict. This war was no exception. Incidents of
brutality, including summary executions, occurred on both sides.
Increasingly desperate, Kitchener turned to the Bushveldt
Carbineers (mostly Australians) who successfully played the Boers at their own game.
Yet their operations resulted in the arrest, trial and
sentencing of Lieutenants
Harry Morant, Peter Handcock (from Bathurst, NSW) and George Witton for killing
Boer prisoners. The men claimed they acted in good faith, following the orders
of British superiors. They pleaded the principle of reprisal, a defence
recognised by the military law of 1902. Still, Morant and Handcock were
executed by firing squad on 27 February 1902, a scene famously depicted in Bruce
Beresford’s movie.
Critics of the
men say they were lawfully convicted of serious war crimes. Their descendants
and others complain they were scapegoated. It is also alleged Kitchener
conspired to deny them fair trials and kept the proceedings secret from the
Australian Government. Defence counsel Major James Thomas (from Tenterfield,
NSW) was only appointed the day before. While the men admitted to shooting Boer
prisoners, they had a right to trial in accordance with the laws of 1902. They
were denied a right of appeal and to state a military redress of grievance to
the Crown.
Why does this need to be resolved?
“The passing of time and the fact that Morant, Handcock and
Witton are deceased does not diminish errors in the administration of justice.
Injustices in times of war are inexcusable and it takes vigilance to right
wrongs, to honour those unfairly treated and to demonstrate respect for the
rule of law. This matter involves injustice
and how we respond is a test of our values and treatment of these Australian
veterans. Their descendants, including those of Thomas and those who respect
the rule of law await justice and that must be put above all other
considerations”.
This
Morant affair remains controversial. James Unkles will speak about the case and
his continuing efforts to have it reviewed by an authority independent of
government. This would finally determine whether the men were tried according
to law and received a fair trial and sentences.
VENUE: The Auditorium, Anzac Memorial Hyde Park, Hyde Park South,
corner Elizabeth and Liverpool Streets, Sydney CBD. Admission is free of charge
but a donation would be appreciated. For further information call 0419 698 783
or email president@militaryhistorynsw.com.au
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