I believe that it is a one-off. It is such an outstanding matter and injustice is so grave. We have the opportunity to heal by accepting the amendment. I have shared with the House the fact that this is a proud occasion for me. If I have achieved nothing else in the House of Commons, I shall be proud if the amendment is accepted tonight and receives Royal Assent tomorrow. I see it as a one-off.
In the Bill that I proposed to the House on seven occasions, I included the options of a blanket pardon or a tribunal of Commonwealth judges to look at each case. I mention that tonight because I am confident that a tribunal would have concluded the same for each case. I say this in response to the legitimate point raised by Conservative Members. People say, ““You are surely not suggesting that all these were good men.”” I believe that a tribunal would have concluded that all the trials were flawed, according not to the rules of today but to the rules that applied then. The rules of natural justice have not just been invented. The rules of natural justice required then, as now, that a person should be able to prepare a defence, call witnesses and be properly represented. Every trial was flawed on those counts. Furthermore, no one was given the opportunity of appealing against their sentence. In none of the trials were the rules of natural justice applied.
The point was also made that 2,700 people were sentenced to death but only a few were executed. I believe that that demonstrates how fickle was the decision to execute. There was no rhyme or reason to it. It was like a raffle whether or not someone was executed, which then goes to the heart of the principle of justice. Justice has to be consistent and clearly understood. Those who were executed were simply unfortunate in the draw.
Reference has been made to the Harry Farr case. It has been my privilege to know the widow and daughter of Harry Farr. A gallant lady well into her 90s, Gertie Harris, pursued her father’s case with the utmost vigour. Certainly the indications are that, had the case come to court, the Ministry of Defence would have lost.
Armed Forces Bill
Proceeding contribution from
Andrew Mackinlay
(Labour)
in the House of Commons on Tuesday, 7 November 2006.
It occurred during Debate on bills on Armed Forces Bill.
About this proceeding contribution
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2005-06Chamber / Committee
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