PADGHAM, Stephen Gregory

Family Name:

Padgham

Given Names:

Stephen Gregory

Gender:

Male

Birth-date:

Unknown, probably 1949

Death-date:

Unknown

Marital Status:

Unknown, probably single

Age:

20 years old

Location:

ACT, Red Hill

Occupation:

University Student and Journalist

Primary Motivation:

Draft Resister

Reason for Court Appearance:

[1] Encouraging young men to not register for national service (Crimes Act)

[2] Application for deferment of national service

[3] Obstructing police in the execution of their duty

[4] Failed to attend court to answer charge of failing to attend a medical examination

[5] Failure to obey a call-up notice

[6] Appeal against 18 months jail sentence for failure to obey call-up

Court Name and Location:

[1] Court of Petty Sessions, Canberra

[2] Court of Petty Sessions, Canberra

[3] Court of Petty Sessions, Canberra

[4] Court of Petty Sessions, Canberra

[5] Court of Petty Sessions, Canberra

[6] Supreme Court, Canberra

Court Hearing Date:

[1] 10 October 1969

[2] 5 November 1969

[3] 9 February 1970

[4] Late January 1971

[5] 16-17 August 1972

[6] 6 December 1972

Court Outcome:

[1] Guilty Plea, but conviction not recorded

[2] Application dismissed

[3] Unknown

[4] Sentenced to 7 days jail plus fine $40 plus $3.70 costs

[5] Sentenced to 18 months jail

[6] Conviction and sentence was set aside

Military Event:

National Service and Vietnam War1964-1972

Further Information:

Stephen Gregory Padgham was from Red Hill in the Australian Capital Territory (ACT). He was a student at the Australian National University and also worked part-time as a journalist. On February 1969 he registered under the National Service Act 1964 (NSA) against his will. About two weeks later he applied for full exemption from military duties as a conscientious objector. He did not know yet whether he was balloted in. On the application form he expressed his opposition to the NSA, especially conscription and the Vietnam war. Stephen received a letter from the Department of Labour and National Service (DLNS) on 8 April 1969. It suggested he attend the mandatory medical examination and/ or attend a court hearing about his application. On 15 April 1969 Stephen inquired of the DLNS about whether his birthday number had been selected so he could plan any further response. The DLNS responded on 29 April 1969 and informed him his birthday had been selected and inquired whether he wished to defer the court hearing pending the medical examination. Stephen on 5 May 1969 replied he would undertake the medical examination first. He stated that at this time the DLNS inquired as to whether he would apply for deferment so he could complete his university studies. This Stephen did. It was about this time that he claimed his conscience was awakened, especially with the spectacle of other young men being jailed as conscientious non-compliers. He decided he would no longer comply with the NSA. Accordingly, he informed the DLNS in a letter,…consider myself as unregistered. I have no intention of complying with the National Service Act in any matter. I desire no student deferment and I will not report for a medical examination. I can only urge you bureaucrats, concerned with the implementation of the National Service Act, reconsider your role ‘in the machine’. It was not until this letter was sent that I felt morally justified…It is a serious thing to break the laws of the land, but it is not always wrong absolute non-co-operation with unjust laws is the way they will be changed.

Stephen was active in protesting against the NSA and Australia’s participation in the Vietnam war. On 10 October 1969, for instance, he was summoned to the Canberra Court of Petty Sessions with others under the Crimes Act for encouraging young men not to register for national service. The penalty was on conviction a $200 fine or a year’s jail or both. All pleaded guilty but no convictions were recorded. He was also charged for obstructing police in the execution of their duty on 12 December 1969 at an anti-Vietnam war demonstration at the United States Embassy and the Prime Minister’s Lodge. He was allowed bail of $20 with a surety of $20. He was remanded to appear at the Canberra Court of Petty Sessions 9 February 1970. Magistrate Dobson said to all defendants, I don’t usually comment on the appearance of defendants before this court but there is a limit to it. Really. The outcome is unknown.

An application for deferment of national service had been dismissed on 5 November 1969 by Magistrate Dobson in the Canberra Court of Petty Sessions. Stephen did not attend court but sent a printed statement which was also sent to the press. It reiterated that he had no intention of complying with the NSA in any matter and, I must follow my conscience and refuse to comply with any of the provisions of the National Service Act, including a conscientious objector’s hearing. Accordingly, Stephen refused to undertake the medical examination on 26 August 1970. A warrant for his arrest was issued on 4 December 1970. He was arrested 29 January 1971 based on the warrant. after he failed to appear at the Canberra Court of Petty Sessions by Magistrate Nicholls on this matter. The same magistrate now sentenced him to 7 days jail and was fined $40 plus $3,70 court costs. Stephen had pleaded not guilty but did not give evidence in his own defence. Stephen was issued with his call-up notice in February 1971, but he failed to comply. In mid-April 1972, Stephen was served a summons to answer charges of having failed 14 months ago to comply with the call-up notice. He had been living and working in Canberra. In fact two summons were received at his parents’ home where he lived. One required him to report to court on 21 April 1972 and the other tomorrow week. On 6 June 1972 Stephen was arrested by two plainclothes Commonwealth policemen in the grounds of the Australian National University. He had gone ‘underground’ for several weeks before his arrest. He was kept in custody at the ACT police headquarters. On 9 June 1972 he appeared before Magistrate Pearson and was remanded on bail until 16 August 1972. Subsequently, Magistrate Nicholl sentenced Stephen to 18 months jail. He lodged an appeal on 17 August 1972 and Magistrate Nicholl granted him bail of $500 with a similar surety. Stephen’s mother, Erica said in an unsworn statement from the witness box that both she and her husband were of the opinion that their son was against killing, against Australia’s commitment in Vietnam and against conscription. The magistrate told Mrs Padgham that Stephen’s legal counsel, T Higgins, had said during the hearing on 16 August that Stephen did not wish to raise or have raised the question of whether or not he was a conscientious objector. In the ACT Supreme Court on 6 December 1972 Justice Franki set aside the conviction and sentence against Stephen, when the Crown did not offer any evidence in the appeal by him against his sentence of 18 months jail. The reason was that the Whitlam Labor Government had been elected and it had suspended the NSA and dropped pending prosecutions for non-compliance with the NSA and released those who were serving jail sentences.

Confirmatory Sources:

Peacemaker May/ June 1970; March/ April 1971, p.11. May/ June/ July/ August 1971, p.11.

Canberra Times, 20 April 1972, p.3; 7 June 1972, p.1; 18 August 1972, p.6.

Woroni, 14 June, p.3; 22 February 1971, p.16.

Tharunka, 3 October 1972, p.7; 18 October 1972, p.6.