ZARB, John Francis

Family Name: Zarb

Given Names: John Francis

Gender: Male

Birth-date: Unknown

Death-date: Unknown

Marital Status: Unknown, probably single

Age/ Age Range: Early 20s

Location: VIC, Pascoe Vale South

Occupation: Postman

Primary Motivation Conscientious Objector – Immoral Vietnam War

Reason for Court Appearance:

[1]Application for full exemption from military duties[2] Refusal to obey a call-up notice
[3] Appeal against the application for full exemption from military duties that was not granted

Court Name and Location:

[1] Magistrates Court, Melbourne
[2] City Court, Melbourne
[3] High Court of Australia

Court Hearing Date:

[1] 2 November 1967
[2] 14 October 1968
[3] 6 December 1968

Court Outcome:

[1]Application for full exemption from military duties not granted
[2] Imprisoned for 2years jail at Pentridge Victoria
[3] Appeal dismissed with costs ?

Military Event: National Service and Vietnam War 1964-1972

Further Information:

John Francis Zarb was a postman from Pascoe Vale South in Victoria, and he registered under the National Service Act 1964 (NSA). He then made application to be exempted from all military duties as a conscientious objector. The magistrate Mr CM Elvish heard his application on 2 November 1967. The magistrate stated he was satisfied that John was sincere in his beliefs and that he was a conscientious objector. However, he dismissed the application because the NSA did not permit an exemption based on objection to a particular war. In this case the Vietnam War. John then decided on non-compliance with the NSA. He was convicted on14 October 1968 at the City Court Melbourne for failure to obey a call-up notice and was sentenced to two years imprisonment. During the prosecution John repeated what he had stated at his original court hearing. He had a conscientious objection to aiding and abetting what he regarded as an unjust and immoral war namely the Vietnam War. He indicated that he was not a pacifist and was prepared to undertake military training. He further indicated that he was prepared to defend Australia against an unprovoked attack, including the use of lethal force, but he would not attack another country. During December, John appealed to the High Court of Australia against the lower court’s dismissal of his application for exemption. The appeal was dismissed with costs against the appellant. John was adopted by Amnesty International as Prisoner of Conscience. Irene Zarb, the mother of John, expressed through The Peacemaker Newspaper her thanks to all throughout Australia and overseas who supported him. She noted that John had been added to the War Resisters International Prisoners of Honour Christmas List, the first Australian person since conscription during the 1950s. Irene also mentioned that John had elected to serve his imprisonment in Pentridge rather than a Victorian country prison. John was released early from his sentence 21 August 1969. The Commonwealth claimed he was released early on compassionate grounds, as his parents were in poor health. The Cabinet minutes reveal the true reason was to reduce the bad publicity the government was attracting over the case. During 2019 John was living in Canberra and had opposed Indonesia rule over Timor-Leste.

Confirmatory Sources:

Peacemaker, November/ December 1968, p.1; July/ August 1969, p.3; January/ February 1969, p.2.: Cabinet Minute-Application of John Zarb for Release- Submission 750 {1 page], 1969 A5872, 1206, NAA,https://recordssearch.naa.gov.au/SearchNRetrieve/Interface/ViewImage.aspx?B=3326660. accessed 12 Juy2019 https://staging.hcourt.gov.au/assets/publications/judgments/1968/075–ZARB_v._KENNEDY–(1968)_121_CLR_283.html accessed 16 June 2021