Kelly and his father do not necessarily have to be connected to Irish patriotism or even freedom fighting.
It would appear that those who uphold the pro-British version of history want to have their cake and eat it too. Sir Roger Casement was in 1916 executed for “treason” for supporting the Easter Uprising and for “collaborating” with the World War One enemy of Britain, Kaiser Germany.
If we follow Snr Sgt Davies logic, then East Timor should not have been allowed to resist or break away from Indonesian occupation–Indonesia invaded the former Portuguese terrirory in 1975.
POST SCRIPT:
My argument is actually legalistic rather than based on nationalist sentiments. The Anglo-Irish Treaty of 1921-22 after the Irish War of Independence is tacit acknowledgment that a state of war existed between Britain & Ireland over the centuries.
If a de facto state of war existed, then Irishmen serving in the British & colonial military and police are collaborators. If they are killed in the line of duty serving a foreign occupier during a state of war then that is not murder.
As the 3 policemen were chasing or pursuing Kelly he would have every right to shoot them without warning, much in the same way a French civilian during World War 2 were to shoot a French police officer collaborating with Nazi occupation authorities without giving them prior warning; regardless if they a bank robber or a freedom fighter.
If Ireland had not been granted independence & Ireland had instead been absorbed into the UK then Snr Sgt Davies assertions about the killings would be correct. The Anglo-Irish Treaty in directly “excuses” or “absolves” Kelly of those killings.
As a journalist I would be asking why did 3 Irishmen collaborate with an occupying force?
If anything, the 3 police officers should be respectfully mourned in the Australia War Memorial as having been killed in defending the British Empire as such; not as law & order martyrs or victims of crime. Australia didn’t prosecute the Viet Cong for killing Australian diggers during the Vietnam War (1962-72).