KING, Brian Dennis

Family Name:

King

Given Names:

Brian Dennis

Gender:

Male

Birth-date:

1945

Death-date:

Unknown

Marital Status:

Unknown, probably single

Age/ Age Range:

Early 20s

Location:

NSW, Leichardt

Occupation:

National Serviceman

Primary Motivation:

Conscientious Objection and Draft Resister

Reason for Court Appearance:

[a] Application for full exemption from military duties
[b] Application for full exemption from military duties
[c] Appeal not granted full exemption from military duties
[d] Failure to comply in reporting to Army’s Eastern Command
[e] Court Martial for disobeying a lawful command

Court Name and Location:

[a] Unknown, New South Wales
[b]Unknown, New South Wales
[c] Supreme Court of New South Wales
[d] Magistrates Court, New South Wales
[e] Victoria Barrack Court, New South Wales

Court Hearing Date:

[a] Prior to October 1966
[b] Prior to October 1966
[c] 5 October 1966
[d] 24 January 1967
[e] 27 February 1967

Court Outcome:

[a] Not granted full exemption from military duties
[b] Not granted full exemption from military duties
[c] Appeal dismissed
[d] Pleaded guilty to failure to report to Army’s Eastern Command and committed to custody of the army
[e] Sentenced to 60 days at Victoria Barrack, Sydney

Military Event:

National Service and Vietnam War 1964-1972

Further Information:

Brian King of Leichardt a suburb of Sydney registered for national service and was called-up during 1965. He was assigned to the 5^th Battalion of the RAR. Six days before his battalion was due to sail for Vietnam he applied for full exemption from military duties as a conscientious objector. He made two applications during 1966 but was not granted any exemption from military duties. He appealed these decisions, and his appeal was heard by Judge Amsberg of the Supreme Court of New South Wales on 5 October 1966. Brian had informed the courts that he held conscientious beliefs against killing. These beliefs were based on a deep-rooted conviction against the morality of killing in any circumstances. However, he had come to these views in the first 10 weeks of training when he had been given bayonet practice and rifle drill against figure targets and straw dummies. After training exercises in New Guinea, he told his platoon Commander he would not go to Vietnam. He was not scared to go, but he did not want to kill or be killed.
Judge Amsberg, in dismissing the appeal, stated that he believed it was significant that Brian’s application for exemption was made only six days before the departure of unit for Vietnam. The Judge commented that he did not want to this young man to be stigmatized as a coward. Brian said that he had formed his beliefs that killing was wrong after he started national service and were crysallised when participating in bayonet practice. Despite this the judge said he was not satisfied that Brian held these beliefs and was even less satisfied they were formed after he began national service. He stated there were many inconsistencies, inaccuracies and other matters in Brian’s evidence presented at the court.
During November 1966 the army granted Brian temporary leave to contest the federal parliamentary elections. He stood against the Minister of Labour and National Service, Leslie Bury. He was unsuccessful in his candidacy. He failed to report to the Army’s Eastern Command at Watsons Bay on 15 December 1967. On 24 January 1967 he appeared in court because he had failed to comply with a notice to so report. Magistrate CS Rodgers did not fine Brian but committed him to the custody of Major Moran at Watsons Bay. It was noted that Brian had all but served 8 months of his two years of national service. During the hearing SA Byrne, legal counsel for Brian, stated that his client’s failure to comply with order was a matter of conscience. Brian was taken to South Head depot on 14 January 1967 and fitted with a uniform and was instructed to take a lunch break. Brian did not return from the break. He stated that he went absent without leave after Major Moran told him he would be posted to Vietnam. Civil and military police were on the look-out to locate Brian and return him to the custody of the army. He was arrested after less than a month and was court martialed on 27 February 1967. He was charged with being absent without leave from 23 January to 20 February 1967, resisting arrest and refusing to obey a lawful command. Brian pleaded guilty to the first, two charges but not guilty to the third. The court martial found him guilty of the third charge. Brian was sentenced to 60 days imprisonment at Victoria Barracks. He had stated to the court he did not think it was necessary to return to the army because of his discharge in November to allow him to contest the election. It is unknown if he served the 60 days or if he did, that he completed the outstanding few months of his two-year national service. As is customary with court martial cases there is no reference to the former unit he served with but rather is described as an unallocated list unit.

Confirmatory Sources:

Peacemaker, October 1966, p.3; February 1967, p.3; Canberra Times 25 January 1967, p.3; National Archives of Australia, Private Dennis King, Service Number 2781596, Unit-Unallocated List, Australian Military Forces, Date of Court Martial 27 February 1967.