Mike Kelly (politician)

Michael Joseph "Mike" Kelly, AM (born 23 February 1960), is an Australian politician, elected to the Australian House of Representatives as member for the Division of Eden-Monaro, New South Wales for the Australian Labor Party at the 2007 federal election. On election he was appointed Parliamentary Secretary for Defence Support.

Education

Kelly graduated from Macquarie University with a Bachelor of Arts and LL.B. in 1983. He joined the ADF Legal Corps in 1987, and in 1999 obtained his doctorate from the University of New South Wales. The research work undertaken for his doctoral dissertation has subsequently formed the basis for two books: Peace Operations: Tackling the Military, Legal and Policy Challenges, and Restoring and Maintaining Order in Complex Peace Operations: The Search for a Legal Framework. [http://www.minister.defence.gov.au/kelly/bio.htm Biography] , Australian Dept of Defence, accessed 2008-08-26.]

Military service

Kelly is a former Australian Army lawyer with expertise in peacekeeping missions and occupations.cite news| last =Grimm |first =Nick |coauthors = |title ='Incompetent leadership' drives military lawyer to politics | work =The 7.30 Report | pages = | publisher =Australian Broadcasting Corporation | date =2007-05-22 | url =http://www.abc.net.au/7.30/content/2007/s1930336.htm | accessdate =2008-05-11 ] He joined the military in 1987, served in Somalia, East Timor and Bosnia, and was among senior Australian military personnel in the Iraq War. In 1993 he was awarded the Chief of the General Staff Commendation, and in 1994 was made a Member of the Order of Australia, in recognition of his work in Somalia. [ [http://www.itsanhonour.gov.au/honours/honour_roll/search.cfm?aus_award_id=879122&search_type=advanced&showInd=true It's an Honour] , Member of the Order of Australia, 13 June 1994, Citation: "For exceptional service and devotion to duty with the Australian Army, particularly as a Legal Officer with Headquarters 1st Division and on Operations in Somalia."] In June 2003 he inspected detention facilities in Iraq, including those at Abu Ghraib, and reported to the Australian Government on the treatment of detainees. He finished his military career in 2007 with the rank of Colonel as Director of Army Legal Services.

Capital Punishment

Kelly was actively involved in two major capital case prosecutions while serving as a Legal Officer, that of Saddam Hussein [Australian, 27 July 2004] and, in Somalia, the warlord Hussan Gutaale Abdul.Canberra Times, [http://www.canberratimes.com.au/news/local/news/general/somalia-to-edenmonaro-how-mike-kelly-fought-a-murderous-warlord-all-the-way-to-a-firing-squad/238656.aspx "Somalia to Eden-Monaro: How Mike Kelly fought a murderous warlord all the way to the firing squad"] , 10 October 2007. Accessed 6 September 2008.] Gutaale, who among many other things had attacked and killed 16 aid workers and repeatedly driven an armoured car into emaciated refugees awaiting food distribution, was arrested by an Australian patrol, held in a cage at Baidoa airport and later flown to Mogadishu to be held by US forces. He was found guilty of 31 counts of murder by a panel of three judges and sentenced to 20 years' hard labour. Appeals were immediately made, with the prosecution demanding the death penalty mandatory for murder under the Somali Penal Code.

A panel of six judges heard the appeal, upheld the previous verdicts and imposed the sentence of death to be carried out forthwith. "The court errupted in mayhem" and Gutaale physically attacked Kelly. Eventually a group of engineers arrived, Gutaale was handcuffed and Kelly wrestled him along the roadway to his place of execution. Gutaale was handed over to the Somali police and executed on the spot. Kelly summed up his thoughts: "Before I left Australia I had my own views on capital punishment. I was leaning fairly heavily towards the negative side. But the death of Gutaale was far more than an execution following a criminal conviction, it was more an act of communal self defence. If I was moved in any way, it was seeing Gutaale's mother in the court. She was concerned and upset, but having sat through countless statements from people who had suffered from what he had done and not just killings, but cruel killings and senseless brutality I knew too much of what he had done, and what he was capable of. I couldn't, have any sympathy for him. ... I have absolutely no personal regrets about Gutaale's execution ... I'll have to admit that even when I saw him wallowing in his own blood and excrement I felt no remorse or pity, only relief. There was no other way of stopping him."

Political career

In the 2007 federal election Kelly stood as the Labor candidate for the marginal NSW country electorate of Eden-Monaro, regarded as a "bellwether seat". He was criticised by his opponent, long-standing Liberal member Gary Nairn for not residing in the electorate prior to his nomination, and for not facing a local preselection. [cite news| last =Coorey |first =Phillip |coauthors = |title =Army man parachuted into bellwether seat | work =Sydney Morning Herald | pages = | publisher =Fairfax | date =2007-05-01 | url =http://www.smh.com.au/news/national/army-man-parachuted-into-bellwether-seat/2007/04/30/1177788058897.html | accessdate =2008-05-11 ] Nairn's chief of staff also publicly likened Kelly to a Belsen concentration camp guard for serving in the military in Iraq despite opposing the war itself. [cite news| last =Bradford |first =Gillian |coauthors = |title =Nairn under fire after staffer's Iraq comments | work =P.M. | pages = | publisher =Australian Broadcasting Corporation | date =2007-09-19 | url =http://www.abc.net.au/pm/content/2007/s2038092.htm | accessdate =2008-05-11 ] The reference became a high-profile campaign issue, with claims that Nairn's office had subsequently promoted the claim using taxpayer rather than party funds. [cite news| last =Marris |first =Sid |coauthors = |title =Staffer under fire over Nazi slur | work =The Australian | pages = | publisher =News Limited | date =2007-09-19 | url = http://www.theaustralian.news.com.au/story/0,25197,22445936-11949,00.html | accessdate =2008-07-11 ] The comment was subsequently withdrawn and an apology forwarded to media outlets and to Kelly. [cite news| last =O'Malley |first =Sandra |coauthors = |title =Minister's staffer withdraws Nazi slur | work =The Herald Sun | pages = | publisher = News Limited | date =2007-09-19 | url =http://www.news.com.au/heraldsun/story/0,21985,22447046-29277,00.html | accessdate =2008-07-11 ]

At the election on 24 November 2007, Kelly won the seat with a 6.67% two party preferred swing, and was appointed Parliamentary Secretary for Defence Support in the incoming Rudd Labor Government.

Personal life

He is married to Shelly and has one son.

References

External links

* [http://www.alp.org.au/people/nsw/kelly_mike.php ALP homepage]