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Mike Kelly (politician)
Encyclopedia
Michael Joseph "Mike" Kelly AM, MP (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 and in 2009 he was also appointed Parliamentary Secretary for Water. With the re-elected Labor Government's regional focus, Kelly was appointed as Parliamentary Secretary
for Agriculture, Fisheries and Forestry in September 2010.
with a Bachelor of Arts
and Bachelor of Laws
in 1983. He joined the ADF Legal Corps in 1987, and in 1999 obtained his Doctor of Philosophy
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.
lawyer with expertise in peacekeeping missions and occupations. 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. 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.
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."
. 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
. 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. The reference became a high-profile campaign issue, with claims that Nairn's office had subsequently promoted the claim using public rather than party funds. The comment was subsequently withdrawn and an apology forwarded to media outlets and to Kelly.
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 Government
and in 2009 he was also appointed Parliamentary Secretary for Water. After a redistribution changed the boundaries of Eden-Monaro, Kelly defeated Liberal candidate David Gazard in the 2010 Federal Election with a swing of 2%. In a reshuffle after the 2010 Federal Election he was moved from Defence Support and Water, and was appointed as Parliamentary Secretary
for Agriculture, Fisheries and Forestry.
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Australian House of Representatives
The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house; the upper house is the Senate. Members of Parliament serve for terms of approximately three years....
as member for the Division of Eden-Monaro
Division of Eden-Monaro
The Division of Eden-Monaro is anAustralian Electoral Division in New South Wales.The division was created in 1900, and was one of the original 75 divisions contested at the first federal election. It is named for the town of Eden and the Monaro district of southern New South Wales...
, New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
for the Australian Labor Party
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
at the 2007 federal election. On election he was appointed Parliamentary Secretary
Parliamentary Secretary
A Parliamentary Secretary is a member of a Parliament in the Westminster system who assists a more senior minister with his or her duties.In the parliamentary systems of several Commonwealth countries, such as the United Kingdom, Canada and Australia, it is customary for the prime minister to...
for Defence Support and in 2009 he was also appointed Parliamentary Secretary for Water. With the re-elected Labor Government's regional focus, Kelly was appointed as Parliamentary Secretary
Parliamentary Secretary
A Parliamentary Secretary is a member of a Parliament in the Westminster system who assists a more senior minister with his or her duties.In the parliamentary systems of several Commonwealth countries, such as the United Kingdom, Canada and Australia, it is customary for the prime minister to...
for Agriculture, Fisheries and Forestry in September 2010.
Education
Kelly graduated from Macquarie UniversityMacquarie University
Macquarie University is an Australian public teaching and research university located in Sydney, with its main campus situated in Macquarie Park. Founded in 1964 by the New South Wales Government, it was the third university to be established in the metropolitan area of Sydney...
with a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
and Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
in 1983. He joined the ADF Legal Corps in 1987, and in 1999 obtained his Doctor of Philosophy
Doctor of Philosophy
Doctor of Philosophy, abbreviated as Ph.D., PhD, D.Phil., or DPhil , in English-speaking countries, is a postgraduate academic degree awarded by universities...
from the University of New South Wales
University of New South Wales
The University of New South Wales , is a research-focused university based in Kensington, a suburb in Sydney, New South Wales, Australia...
. 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.
Military service
Kelly is a former Australian ArmyAustralian Army
The Australian Army is Australia's military land force. It is part of the Australian Defence Force along with the Royal Australian Navy and the Royal Australian Air Force. While the Chief of Defence commands the Australian Defence Force , the Army is commanded by the Chief of Army...
lawyer with expertise in peacekeeping missions and occupations. 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. In June 2003 he inspected detention facilities in Iraq, including those at Abu Ghraib
Abu Ghraib
The city of Abu Ghraib in the Baghdad Governorate of Iraq is located just west of Baghdad's city center, or northwest of Baghdad International Airport. It has a population of 189,000. The old road to Jordan passes through 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
Colonel
Colonel , abbreviated Col or COL, is a military rank of a senior commissioned officer. It or a corresponding rank exists in most armies and in many air forces; the naval equivalent rank is generally "Captain". It is also used in some police forces and other paramilitary rank structures...
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 and, in Somalia, the warlord Hussan Gutaale Abdul.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.
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"Bellwether
A bellwether is any entity in a given arena that serves to create or influence trends or to presage future happenings.The term is derived from the Middle English bellewether and refers to the practice of placing a bell around the neck of a castrated ram leading his flock of sheep.The movements of...
. He was criticised by his opponent, long-standing Liberal
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
member Gary Nairn
Gary Nairn
Gary Roy Nairn is a former Australian politician.Nairn was born in Sydney, New South Wales, and was educated at the University of New South Wales. He was a surveyor in private practice and managing director of a surveying and mapping consultancy before entering politics. He moved to the Northern...
for not residing in the electorate prior to his nomination, and for not facing a local preselection
Preselection
Preselection is the process by which a candidate is selected, usually by a political party, to contest an election for political office. It is also referred to as candidate selection. It is a fundamental function of political parties...
. 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. The reference became a high-profile campaign issue, with claims that Nairn's office had subsequently promoted the claim using public rather than party funds. The comment was subsequently withdrawn and an apology forwarded to media outlets and to Kelly.
At the election on 24 November 2007, Kelly won the seat with a 6.67% two party preferred swing, and was appointed Parliamentary Secretary
Parliamentary Secretary
A Parliamentary Secretary is a member of a Parliament in the Westminster system who assists a more senior minister with his or her duties.In the parliamentary systems of several Commonwealth countries, such as the United Kingdom, Canada and Australia, it is customary for the prime minister to...
for Defence Support in the incoming Rudd Government
Rudd Government
The Rudd Government refers to the federal Executive Government of Australia of the Australian Labor Party from 2007 to 2010, led by Kevin Rudd as Prime Minister. The Rudd Government commenced on 3 December 2007, when Rudd was sworn in along with his ministry...
and in 2009 he was also appointed Parliamentary Secretary for Water. After a redistribution changed the boundaries of Eden-Monaro, Kelly defeated Liberal candidate David Gazard in the 2010 Federal Election with a swing of 2%. In a reshuffle after the 2010 Federal Election he was moved from Defence Support and Water, and was appointed as Parliamentary Secretary
Parliamentary Secretary
A Parliamentary Secretary is a member of a Parliament in the Westminster system who assists a more senior minister with his or her duties.In the parliamentary systems of several Commonwealth countries, such as the United Kingdom, Canada and Australia, it is customary for the prime minister to...
for Agriculture, Fisheries and Forestry.
Honours and Awards
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Member of the Order of Australia (AM) | |
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Australian Active Service Medal Australian Active Service Medal The Australian Active Service Medal is an Australian military decoration. It was authorised 13 September 1988 to recognise prescribed service in warlike operations... |
with 2 Clasps |
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Iraq Medal Iraq Medal (Australia) The Iraq Medal was instituted by Queen Elizabeth II on the advice of the Australian Prime Minister John Howard in 2004. The Iraq Medal is awarded to Australian Defence Force personnel who served in or around Iraq after 18 March 2003... |
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Australian Service Medal Australian Service Medal The Australian Service Medal is an Australian military decoration. It was authorized 13 September 1988 to recognise prescribed service in peacekeeping and non-warlike operations. It is awarded with a clasp to denote the prescribed operation and subsequent awards of the medal are made in the form of... |
with 1 Clasp |
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Defence Long Service Medal Defence Long Service Medal The Defence Long Service Medal is an Australian Military award given for long service by permanent and reserve members of the Australian Defence Force, irrespective of rank... with one Rosette |
20-24 years service |
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Australian Defence Medal Australian Defence Medal The Australian Defence Medal is an Australian military decoration which recognises current and former Australian Defence Force personnel who completed an initial enlistment period, or four years service... |
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| United Nations Medal United Nations Medal The term United Nations Medal refers to one of several international decorations which are issued by the United Nations to the various militaries of the world for participation in joint international military and police operations such as peacekeeping, humanitarian efforts, and disaster relief... |