I AM calling for an independent inquiry into judicial processes leading to the executions of Australian soldiers Harry “Breaker” Morant and Peter Handcock during the Boer War in 1902.

The trials of Morant and Handcock, as well as their colleague George Witton, who was sentenced to life imprisonment, have been the subject of much conjecture in Australia for the past 120 years, as well as inspiring books, ballads, a screenplay and the 1980 movie Breaker Morant.

Australians have a profound belief in the “fair go” so the quest for justice should never fade.

If justice was a dish, it would be better served cold than never to be served at all,” he said. “I know many Australians, including some of my parliamentary colleagues, have called for Breaker Morant to be pardoned over the years while others believed the soldiers were war criminals and deserved their punishment.

Breaker Morant was certainly a colourful character, larger than life, and, depending on which stories you believed, he might be considered a bit of a scoundrel. But regardless of anyone’s personal opinion, everyone deserves due process and to be treated equally before the law.

I have written to the Minister for Defence and the Minister for Veterans Affairs, calling for an independent inquiry into the judicial process to determine if justice was properly served or whether the soldiers were merely scapegoats.

Morant, Handcock and Witton were not tried in accordance with the military law of time – 1902.

Their convictions were likely unlawful and their sentences likely illegal as they were not afforded an opportunity to appeal (a right enshrined in law in 1902), there was a failure to implement the Courts Martial recommendations of mercy, and there were denials of:

•             Proper opportunity to consult legal counsel before trial

•             A right to communicate with witnesses and next of kin; and

•             A right to communicate with the Australian Government of 1902 to seek intervention and support.

At the very least, we should give them the courtesy of proper process and properly investigate the circumstances that led to their execution. And, if an independent review finds grounds for exoneration, a pardon would be the appropriate course of action.