Pardons for Morant, Handcock and Witton

Last updated

Harry Harbord "Breaker' Morant" (1900). Breaker Morant.jpg
Harry Harbord "Breaker' Morant" (1900).
Peter Joseph Handcock (1900). Peter Joseph Handcock (Studio photograph, c.1900).jpeg
Peter Joseph Handcock (1900).
Lieutenant G.R. Witton, Bushveldt Carbineers (1901). George Ramsdale Witton-(1901).jpeg
Lieutenant G.R. Witton, Bushveldt Carbineers (1901).

Pardons for Morant, Handcock and Witton, three Australian soldiers, were sought from their court-martial convictions for the murder of Boer prisoners-of-war and local civilians during the Second Boer War.

Contents

Following four courts martial in early 1902, Lieutenants Peter Joseph Handcock and Harry "Breaker" Morant, of the Bushveldt Carbineers (BVC) of the British Army, were executed by a firing squad of Cameron Highlanders, in Pretoria, South Africa, on 27 February 1902, 18 hours after they had been sentenced. Lord Kitchener signed their death warrants.

Following the court recommending mercy in his case, the sentence of a third officer, Lieutenant George Ramsdale Witton, was commuted to life imprisonment by Lord Kitchener. Following public pressure, Witton was released on 11 August 1904, but never pardoned.

In 2009, an Australian military lawyer, Commander James William Unkles of the Royal Australian Naval Reserve, sent petitions for pardons for all three men to both Queen Elizabeth II and to the Petitions Committee of the Australian House of Representatives, but both governments declined them.

South Africans have often opposed pardons for Morant, Handcock and Witton. In a 2012 book published in South Africa, Charles Leach summed up the arguments against pardons, citing as precedents cases including: the 1474 trial of Peter von Hagenbach; the 1813 prosecution of Ensign Hugh Maxwell for murdering French POW Charles Cottier at Glencorse Barracks, Scotland during the Napoleonic Wars, and; the US Army court martial of Lieutenant William Calley and other soldiers responsible for the My Lai Massacre, during the Vietnam War. In addition, the "superior orders" defense argument, used by Major J. F. Thomas at the trial of Morant, Handcock and Witton, later gained notoriety. because many of those prosecuted for Nazi war crimes at the Nuremberg Trials attempted to use it; so many, in fact, that it became known as the "Nuremberg Defense". [1]

Witton petition

In 1904, a printed petition to King Edward VII was circulated in Australia, for signature by interested parties, requesting clemency in the form of (a) a pardon for George Witton, and (b) the immediate release of Witton from his incarceration. At least one copy of the petition, signed by thirty-seven individuals from the town of Colebrook, Tasmania, is extant.[ citation needed ]

In 1907, the publication in Australia of Witton's book Scapegoats of the Empire revived debate about the convictions.[ citation needed ]

Unkles' petitions

In October 2009, the Australian military lawyer, Commander James William Unkles, of the Royal Australian Naval Reserve, sent petitions for pardons for Morant, Handcock, and Witton to both Queen Elizabeth II and to the Petitions Committee of the Australian House of Representatives.

The first petition was considered by the British Government, on behalf of the Queen—"The petition argued that the convictions were unsafe and that their trial was unfair because the men were denied the right to communicate with the Australian government, refused an opportunity to prepare their cases and blocked from lodging an appeal." [2] —and, in November 2010, the UK Ministry of Defence issued a statement that the appeal had been rejected:

"After detailed historical and legal consideration, the Secretary of State has concluded that no new primary evidence has come to light which supports the petition to overturn the original courts-martial verdicts and sentences". [2]

The second petition was considered by the House of Representatives' Petitions Committee at a public hearing on Monday, 15 March 2010. Unkles appeared before the committee, along with others, including the historian Craig Wilcox. On Monday, 27 February 2012, in a speech delivered to the House of Representatives on the 110-year anniversary of the sentencing of the three men, Alex Hawke, M.P. described the case for the pardons as "strong and compelling". [3]

Roxon's rejection

In May 2012, Attorney General Nicola Roxon informed Unkles that the Australian Government would not approach the British Government to seek a pardon for Morant because he, Handcock and Witton did, in fact, kill unarmed Boer prisoners and others. [4] Roxon's letter to Unkles stated that in Australia "a pardon for a Commonwealth offence would generally only be granted where the offender is both morally and technically innocent of the offence". [5] Moreover, her letter stated that "Despite the time that has passed ... I consider seeking a pardon ... could be rightly perceived as glossing over very grave criminal acts". [6]

See also

Related Research Articles

<span class="mw-page-title-main">Second Boer War</span> 1899–1902 war in South Africa

The Second Boer War, also known as the Boer War, Transvaal War, Anglo–Boer War, or South African War, was a conflict fought between the British Empire and the two Boer republics over the Empire's influence in Southern Africa.

<span class="mw-page-title-main">Breaker Morant</span> Boer War officer executed for war crimes (1864–1902)

Harry Harbord "Breaker" Morant was an English horseman, bush balladist, military officer, and war criminal who was convicted and executed for murdering nine prisoners-of-war (POWs) and three captured civilians in three separate incidents during the Second Boer War.

<i>Breaker Morant</i> (film) 1980 film by Bruce Beresford

Breaker Morant is a 1980 Australian war drama film directed by Bruce Beresford, who co-wrote the screenplay based on Kenneth G. Ross's 1978 play of the same name.

<span class="mw-page-title-main">Bushveldt Carbineers</span> Military unit

The Bushveldt Carbineers (BVC) were a short-lived, irregular mounted infantry regiment, raised in South Africa during the Second Boer War.

<span class="mw-page-title-main">George Witton</span>

George Ramsdale Witton was a lieutenant in the Bushveldt Carbineers in the Boer War in South Africa. He was sentenced to death for murder after the shooting of nine Boer prisoners. He was subsequently reprieved by Lieutenant-General Viscount Kitchener, albeit Lieutenants Peter Handcock and Harry "Breaker" Morant, who were court martialled with him, were both executed by firing squad on 27 February 1902.

The 1902 court-martial of Breaker Morant was a war crimes prosecution that brought to trial six officers – Lieutenants Harry "Breaker" Morant, Peter Handcock, George Witton, Henry Picton, Captain Alfred Taylor and Major Robert Lenehan – of the Bushveldt Carbineers (BVC), an irregular regiment of mounted rifles during the Second Boer War.

Opposition to the Second Boer War occurred both within and outside of the British Empire. Among the British public, there was initially much support for the war, though it declined considerably as the conflict dragged on. Internationally, condemnation of the British role in the war came from many sources, predominately left-wing and anti-imperialist commentators. Inside Britain, influential anti-war groups, especially those consisting of members of the opposition Liberal Party, quickly formed. They campaigned ineffectually against British wartime policies, which were supported by the Conservative Party of Prime Minister Lord Salisbury.

<span class="mw-page-title-main">Kenneth G. Ross</span> Australian playwright and screenwriter

Kenneth Graham Ross is an Australian playwright, screenwriter, and lyricist best known for writing the 1978 stage play Breaker Morant, that was based on the life of Australian soldier Harry "Breaker" Morant.

<span class="mw-page-title-main">Lancefield, Victoria</span> Town in Victoria, Australia

Lancefield is a town in the Shire of Macedon Ranges local government area in Victoria, Australia 69 kilometres (43 mi) north of the state capital, Melbourne, 33.6km south of Puckapunyal and had a population of at least 2,743 at the 2021 census.

<span class="mw-page-title-main">Peter Handcock</span>

Peter Joseph Handcock was an Australian-born Veterinary Lieutenant and convicted war criminal who served in the Bushveldt Carbineers during the Boer War in South Africa.

<span class="mw-page-title-main">Peter von Hagenbach</span> German military and civil commander (1420–1474)

Peter von Hagenbach, also Pierre de Hagenbach, Pietro di Hagenbach, Pierre d'Archambaud, or Pierre d'Aquenbacq, was a Burgundian knight from Alsace, German military and civil commander, and convicted war criminal. The trial of Hagenbach was the first known trial of a war crime in history.

Captain Alfred James "'Bulala" Taylor was an Anglo-Irish military officer who was active in Africa during the Scramble for Africa and the Second Boer War. He is best known as a defendant in one of the first war crimes prosecutions in British military history. Born into a middle-class Protestant family in Dublin, Ireland, Taylor jumped ship in Cape Town in 1886 and served in the British South Africa Police of the British South Africa Company (BSAC). He played a major role in the colonisation of modern-day Zimbabwe by the BSAC. During two subsequent uprisings by the Northern Ndebele people against Company rule in Rhodesia, Taylor was dubbed by the Ndebele "Bulala" and "Bamba".

<span class="mw-page-title-main">HM Prison Lewes</span> Prison in Lewes in East Sussex, England

His Majesty's Prison Lewes is a local category B prison located in Lewes in East Sussex, England. The term local means that the prison holds people on remand to the local courts, as well as sentenced prisoners. The prison is operated by His Majesty's Prison Service.

<i>Breaker Morant</i> (play) Play written by Kenneth G. Ross

Breaker Morant: A Play in Two Acts is an Australian play written by Kenneth G. Ross, centred on the court-martial and the last days of Lieutenant Harry "Breaker" Morant (1864–1902) of the Bushveldt Carbineers (BVC), that was first performed at the Athenaeum Theatre, in Melbourne, Victoria, Australia, on Thursday, 2 February 1978, by the Melbourne Theatre Company.

Carl August Daniel Heese was a South African missionary murdered during the Second Boer War. Although two officers of the Bushveldt Carbineers (BVC) were tried in connection with the murder and acquitted, there is evidence that one of these – Lieutenant Peter Handcock – afterwards confessed to the killing.

<span class="mw-page-title-main">Nicola Roxon</span> Australian politician

Nicola Louise Roxon is an Australian former politician. After politics, she has worked as a company director and academic.

<span class="mw-page-title-main">Lutwyche Cemetery</span> Australian cemetery in Brisbane

Lutwyche Cemetery is a cemetery located at Kedron, Brisbane, Queensland, Australia. It opened in 1878 and saw its first burial in the same year. It is located at the corner of Gympie and Kitchener Roads, approximately ten kilometres north of Brisbane.

Captain Percy Frederic Hunt was French-born, British army officer who was killed in action by the Letaba Commando at Duivelskloof during the Second Boer War. After Hunt's death, his subordinate and close friend, Lt. Harry Morant, responded with a series of revenge killings of both POWs and many local civilians. This led directly to the Court-martial of Breaker Morant, one of the first war crimes prosecutions in British military history.

<span class="mw-page-title-main">James Francis Thomas</span>

Major James Francis Thomas, was a solicitor from Tenterfield, New South Wales.

Frederick Ramon de Bertodano y Wilson, 8th Marquis de Moral(1871–1955) was an Australian born officer in the British Army during the Second Matabele War and the Second Anglo-Boer War. In his capacity as "Intelligence Officer for Pretoria and the Northern Districts," Captain de Bertodano was instrumental in the investigation that resulted in the court-martial of Breaker Morant.

References

  1. Charles Leach (2012), The Legend of Breaker Morant is Dead and Buried. A South African Version of the Bushveldt Carbineers in the Zoutpansberg, May 1901-April 1902, Leach Printers & Signs, Louis Trichardt, South Africa. Pages 194-195.
  2. 1 2 Malkin, B (29 August 2013). "Britain rejects pardon for executed solider [sic] Breaker Morant". The Telegraph.
  3. "House of Representatives: Constituency Statement: Alex Hawke: Speech: Lieutenants Morant, Handcock and Witton". Hansard. 27 February 2012.
  4. Welch, D (10 May 2012). "Roxon Rejects Pardon Bid for Breaker Morant". The Sydney Morning Herald.
  5. Griffiths, Meredith (10 May 2012). "Roxon rejects Morant pardon plea". ABC News. Retrieved 12 May 2012.
  6. Nicholson, Brendan (10 May 2012). "Pardon ruled out for Harry 'Breaker' Morant". The Australian. Retrieved 12 May 2012.

Further reading