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View Poll Results: Should 'Breaker' Morant be Pardonned?

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  • Yes

    2 20.00%
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    8 80.00%
  • Should not have been shot in the first place

    1 10.00%
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Thread: Should 'Breaker' Morant be pardoned

  1. #76
    Join Date
    May 2011
    Location
    Dublin, Ireland
    Posts
    778

    Default Re: Should 'Breaker' Morant be pardoned

    RS* - not totally clear that we are in much disagreement. The point I was trying to make (not very effectively) is that around the turn to the 19th/20th century, courts martial could be pretty "flexible" in what they did, and for what. I do not have any great problem, myself, with the "outcome" of the 1916 trials; like the Morant case. the outcomes were "incredibly" obvious. In fact, given the circumstances, there was sufficient basis for executing many more. That this did not happen was down to political considerations. The executions that were effected were, however, enough to precipitate a political disaster for the British. Again, a political failing. Best regards, JR.

  2. #77
    Join Date
    Mar 2007
    Location
    Australia
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    9,275

    Default Re: Should 'Breaker' Morant be pardoned

    Quote Originally Posted by JR* View Post
    RS* - not totally clear that we are in much disagreement. The point I was trying to make (not very effectively) is that around the turn to the 19th/20th century, courts martial could be pretty "flexible" in what they did, and for what.
    We're agreed on that.

    I was pursuing the point, perhaps not with sufficient clarity that, as often has been observed tritely, courts martial are to law as martial music is to music.

    The post-9/11 Military Commissions set up by the US to give the illusion of justice to the persecution of perceived enemies, generally of about private level in conventional military ranks, demonstrate that the same "flexibility" endured into the 21st century.

    Oddly enough, the military commissions threw up a USMC lawyer who resolutely pursued the finest traditions of defence counsel http://newtownreviewofbooks.com.au/2...-kathy-gollan/ in the face of oppressive pressure from above in his military system http://www.cla.asn.au/News/major-mori-fights-for-his/. He is an ornament to the legal profession and happens now to practise in my country in pursuing civil justice with equal vigor. https://www.shine.com.au/meet-the-te...yers/dan-mori/

    Quote Originally Posted by JR* View Post
    I do not have any great problem, myself, with the "outcome" of the 1916 trials; like the Morant case. the outcomes were "incredibly" obvious. In fact, given the circumstances, there was sufficient basis for executing many more.
    Here, we can agree to disagree.

    My objections are based on the selectivity of the prosecutions in the context of the times.

    Quote Originally Posted by JR* View Post
    That this did not happen was down to political considerations.
    And that is the heart of the matter, because they were not disinterested prosecutions according to law but little more than political show trials, in the same way that the US Military Commissions post-9/11 were a political corruption by the executive to bypass the national legal system which would not have tolerated the abuses and denials of rights of the accused by the military at the direction of the executive.
    Last edited by Rising Sun*; 03-17-2016 at 07:04 AM.
    ..
    A rational army would run away.
    Montesquieu

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