No hearing for alleged Irish Army deserters

TOM COOPER (July 5) mischievously extracts from US military law in his attempt to rebut and ridicule Gary Adams’ appeal for a pardon for Irish World War Two alleged deserters.

The standard practice in every army in the world is to initiate a court martial procedure according to their own military code and the right to present a defence is enshrined within various military manuals.

Even in World War I, the British gave their accused a hearing, albeit summary.

In contrast, Emergency Powers Order 362 of 1945 introduced by the de Valera government to dismiss personnel from the Defence Forces for alleged desertion, sought to convict servicemen, alive and deceased, without giving them or their representatives the opportunity of presenting a defence.

Military law is an essential part of any military force and any alleged offence of desertion during the Emergency should have been processed at the time by the Defence Forces pursuant to a properly constituted military tribunal.

Mr Cooper refers to the Irish Constitution on many occasions to substantiate his position. Might I remind him that Defence Force personnel have the same constitutional right to defend themselves in an Irish court and that right was abrogated for political expediency in 1945.

To say that our sovereignty was at risk because of a threat of a ‘British invasion looming’ is ludicrous. de Valera was cooperating with the British right from the outset. The only threat to this country emanated from Hitler’s war ambitions and his desire to eliminate the Jewish race from the face of the earth.

It seems sections of society would seek to honour those Irish who collaborated with the Nazi regime during World War II rather than defending the constitutional rights of Irish citizens who fought against fascism and who now rest in eternal silence on the battlefields. Fortunately, there are many reasonable people in this country and abroad who believe otherwise.

The British government granted pardons to the Shot at Dawn in 2006. The German and Austrian governments introduced legislation to rehabilitate the memory of their deserters in 2009. In this new era of Anglo-Irish relationships surely the Irish government can do the same.

Peter Mulvany

Coordinator Irish Soldiers Pardons Campaign (WW2)

Clontarf

Dublin 3