Family Name:
O’ Donnell
Given Names:
Denis James
Gender:
Male
Birth-date:
29 August 1947
Death-date:
Unknown
Marital Status:
Single (married 1968)
Age:
20 years old
Location:
VIC, North Essendon
Occupation:
National Serviceman
Primary Motivation:
Conscientious Objector-Opposition to the Vietnam War
Reason for Court Appearance:
[1] Application for exemption from military duties as a conscientious objector
[2] Appeal against decision to not grant exemption from
[3] Absent without leave from the army
[4] Application for a writ of Habeas Corpus for release from the army
[5] Leave to appeal rejections of lower courts by Privy Council
Court Name and Location:
[1] Magistrates Court, Melbourne
[2] County Court, Melbourne
[3] Watsonia Military Barracks, Melbourne
[4] Full High Court of Australia
[5] Privy Council
Court Hearing Date:
[1] 8 September 1967
[2] November 1967
[3] 1967
[3] 4 April 1968
[4] 23 April 1968
[5] 29 April 1968
Court Outcome:
[1] Application for exemption was not granted
[2] Appeal was not granted
[3] Sentenced to 14 days confinement to barracks, fined $10 and forfeited pay for AWL of 11 days. A 48 days detention was added to his national service time of 2 years
[4] Writ of Habeas Corpus was denied
[5] Appeal against lower court decisions dismissed
Military Event:
National Service and Vietnam War 1964-1972
Further Information:
Dennis O’ Donnell was a 20-year-old from North Essendon in Victoria. He came from a strong Catholic background. He complied with the National Service Act 1964 (NSA) and was balloted in. He entered a military camp on 1 February 1967 as a national serviceman. Soon after he objected to military service, in particular the Vietnam war. He described in a 2015 Interview, the most significant influence that influenced his decision to not return to the army, and his decision to apply for exemption from military duties as a conscientious objector. Whilst on leave in Melbourne he picked up a magazine called Ramparts. It had disturbing photographs of the Vietnam War, including shocking images of children exposed to napalm. He explained he was not a pacifist to all war but had a conscientious objection to a particular war, in this case Vietnam. He sought advice about what he should do. It was pointed out that if he tested his conscientious objection to a particular war in court and it was upheld it would set a precedent for others. Denis, acknowledged in the Interview that he was aware that his application was not only personal but was also desired by others as a ‘test case’. On 8 September 1967 he applied for exemption from military duties as a conscientious objector to the Vietnam War. The Melbourne magistrate rejected his application. He went absent without leave (AWOL). He was sentenced at the Watsonia Military Barracks in Melbourne to 14 days confinement to barracks for being AWOL. He was also fined $10 and forfeited his pay for the 11 days he was AWOL.
Denis appealed the magistrate’s decision in the County Court at Melbourne during November 1967. He was represented by civilian counsel J Little from Slater and Gordon. The army gave Denis leave to attend court. Judge Norris, who was a ‘military ‘man, judged Denis to have a genuine conscientious belief. However, he confirmed that conscientious objection to a particular war was not grounds under the NSA for exemption as a conscientious objector. Denis went AWOL again. He was again arrested and on 4 April 1968 he was Court Martialed. He was sentenced to 48 days detention at Holsworth Military Prison in NSW. Denis pleaded not guilty. He was imprisoned initially in a jungle training camp at Puckapunyal in Victoria. He was kept in solitary confinement in an unlit cell and forced to eat his meals with his hands. After 48 hours he was transferred to Melbourne in a cage on the back of a truck. He was then transported to Holsworthy Military Prison in New South Wales. The mistreatment continued. He experienced psychological brain scrambling exercises aimed at breaking his spirit. He was also denied bathing facilities for several days. When he eventually allowed to shower, he was forced to change back into his ‘dirty’ clothes as no other were provided. Water was brought to him by guards with fixed bayonets, no doubt part of the continued intimidation. Food was handed to him in a slot in the cell door.
On 23 April 1968 the Full High Court of Australia unanimously dismissed an application for a writ of habeas corpus to release Denis from the army. J Little argued that Judge Norris in the Melbourne County Court by his findings of O’Donnell’s conscientious beliefs had erred in law in refusing the appeal. However, Judge Norris had also found that O’Donnell’s’ conscientious beliefs did not entitle him to exemption under the National Service Act. That is, an objection to a particular war. On 29 April 1968 the Privy Council refused O’Donnell leave to appeal against the rejection by the courts in Victoria of his application for exemption as a conscientious objector. Denis was discharged from Holsworthy Prison on 10 May 1968. He was then posted to Canungara Training Centre outside Brisbane to resume his military duties as a cook. He served the rest of his military training in Brisbane and also married during 1968.
During May 1968 Dr Jim Cairns a Labor member of the Federal Parliament indicated he was to raise with the Attorney General that the Australian Security Information Organisation (ASIO) had been gathering information on conscientious objectors. Specifically, was the allegation it had ‘listened’ to a meeting at Jim Cairns home with Private Denis O’Donnell. He was the first to appeal against the refusal of first a magistrate, and then an appeal judge, to grant him exemption from military duties as a conscientious objector to a particular war, the Vietnam War.
Confirmatory Sources:
Bobbie Oliver, Hell No! We Won’t Go! Resistance to Conscription in Postwar Australia, Interventions, Melbourne, 2022, esp. pp. 98-99.
Denis O’Donnell interview for the documentary “Hell No We Won’t Go”., 11 August 2015 https://www.awm.gov.au/collection/C2125088 accessed 28 April 2024
Peacemaker, April 1968, p.3; May/ June 1968, p.1 and p.3.
Canberra Times, 24 November 1967, p.3; 5 April 1968, p.3; 22 April 1968, p.3; 27 April 1968, p.1;2 May 1968, p.3; 31 May 1968, p.1;4 June 1968, p.25 June 1968. p.1.
NAA Docs A6119, A10071, MP1382/4 A471 MP1357/2 Service Number 3790911 Unit Unallocated List Australian Military Forces Date of Court Martial 4 April 1968.
THE AUSTRALIAN PEACE HONOUR ROLL 