MOWBRAY, David

Family Name:

Mowbray

Given Names:

David

Gender:

Male

Birth-date:

1947

Death-date:

Unknown

Marital Status:

Single

Age/ Age Range:

20 years old

Location:

NSW, Killara

Occupation:

University Student

Primary Motivation:

Draft Resister-Pacifism Religious

Reason for Court Appearance:

[1] Failure to attend the medical examination

[2] Suspension as order sought from Supreme Court, appeal against sentence

Court Name and Location:

[1] Court of Petty Sessions, Sydney

[2] Supreme Court of New South Wales

Court Hearing Date:

[1] 27 February 1969

[2] 11 February 1970

Court Outcome:

[1] Convicted, Fined and sentenced to 7 days jail, suspended while order sought from Supreme Court

[2] Decision reserved, and then appeal rejected 11 February 1970, David to report to Philip Street Police Station 26 February 1970

Military Event:

National Service and Vietnam War 1964-1972

Further Information:

David Mowbray from Killara in New South Wales (NSW) were triplets with his brothers Graham and Robert. All were Christians and active in the Methodist church. All were pacifists which was grounded in their Christianity. As such all would have had a good chance of full exemption from military service under the National Service Act 1964 (NSA) as a conscientious objector. Instead, each of them chose a response to the Act of non-compliance. David, with his brothers refused to register for national service for the July 1967 intake, and informed Minister Bury of their non-compliance during August 1967. David was deemed by the Department of Labour and National Service to have registered and was sent a notice on 23 July 1968 to attend the mandatory medical examination. He failed to attend. David refused to enter into a recognizance to attend a future medical examination and the magistrate had no option, on the request of the prosecution, to sentence him to 7 days jail. The sentence was suspended to allow David to appeal to the Supreme Court of New South Wales to test the validity of the relevant section of NSA. The appeal was herd before Justice Meares. He rejected the appeal on 11 February 1970.

Previously the magistrate of the lower court had directed him to present himself to a court and upon David’s inquiry he was informed this be the Phillip Street Police Station. As he attempted to present himself a high farce followed. David was hand in hand with his girlfriend and accompanied by his parents and brother John together with media representatives and three plain clothes members of the NSW police were to cross the road to enter Philip Street Police Station. The media began to ask David questions as to why he is to be imprisoned for 7 days. Suddenly the three plainclothes police said excuse me to the media and pull David’s arms behind his back. They then drag him into the police station. The police refused to answer media questions and of the Mowbray family as to why this treatment is necessary. David’s father, Brian, and his brothers, Robert and Graham, enter the police station and after 15 minutes have an interview with a senior police officer. They complain of the unnecessary and unwarranted coercion used upon a person quietly and peacefully complying with an agreed upon arrangement to present himself to the police. David, along with his brothers, were deemed by Minister Snedden to.be conscientious objectors under the NSA using reg 32A. All brothers were likely not proceeded against because their non-compliance embarrassed the government.

David worked as a part-time teacher while furthering his studies in social work. He stated that all the government’s policies must be challenged. He said, Whereas the revolutionary spirit is gripping creative and imaginative men [sic] throughout the world in their strivings for peace, social justice and human rights, our government continues to cling to old reactionary policies of self-interest, militarism and fear.

Confirmatory Sources:

Peacemaker, July/ August 1968, p.1; January/ February 1969, 6; November/ December 1969, p.8; January/ February 1970, p.1; May/ June 1970, p.4; October/ November 1970, p.7; May/ April 1971, p.10.

Bobbie Oliver, Hell No! We Won’t Go: Resistance to Conscription in Postwar Australia, Interventions, Melbourne, 2022, esp. pp. 130-133.

Courtesy: The Peacemaker, January/ February 1969. p.6.