Political expediency has no part in a military desertion judgement
The Irish Soldiers Pardons Campaign (WW2) accepts, without equivocation, that desertion is a serious offence and those found guilty must suffer the consequences.
Accused Defence Force personnel subjected to such allegations are entitled to be judged in accordance with military law, and within the framework of a properly constituted military tribunal, together with the inalienable right to present a defence pursuant to the constitution.
A legislative assembly acting as a substitute for a military tribunal subverts the judicial function of a court-martial and is reminiscent of a kangaroo court.
It is the function of a military court to adjudicate on the guilt or innocence of an accused, and while it is the function of politicians to make the laws, it is not their function to act as judge, jury and executioner, as was the case when Éamon de Valera initiated his Emergency Powers order in 1945, to dismiss and punish alleged deserters.
Dáil Eireann is not a military court of law and no amount of side-stepping or obfuscation of the English language on the part of Mr Cooper et al can change that fact.
The traumatic experience of these Defence Force personnel and their families post-war, should be a salutary warning to all concerned of what can go wrong when a government demonstrates disregard for the constitutional rights of its own citizens by ousting the administration of justice for the sake of political expediency.
A pardon does not displace the status quo, as Mr Cooper well knows, but it does remove, insofar as practicable, the stigma of dishonour attached to that blacklist.
Other governments, particularly the British government, have been able to overcome sensitive issues surrounding the granting of pardons, indeed with the support of the Irish government, to pardon the First World War Irish ‘shot at dawn’.
Interestingly, during that campaign, we had the same objectors coming out of the woodwork, raising all kinds of fears that somehow the ground would open up if a government moved with compassion on the issue.
It seems Mr Cooper is echoing the mantra of Oscar Traynor, when he stated that these soldiers are unpardonable and unforgivable ... not worthy of consideration.
It begs the question as to which constitution Mr Cooper owes allegiance. Fortunately, there are many across the world, and within Ireland, who disagree with Mr Cooper’s analysis.
There are 4,983 Defence Force personnel listed in Dev’s blacklist, and not 5,700, as Mr Cooper suggests.
Peter Mulvany
Co-ordinator, Irish Soldiers Pardons Campaign (WW2)
Clontarf
Dublin 3
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