Family Name:
Fulton
Given Names:
Patrick Michael
Gender:
Male
Birth-date:
Unknown, probably 1948
Death-date:
Unknown
Marital Status:
Unknown, probably single
Age:
20 years old
Location:
VIC, Heathmont; ACT, Torrens
Occupation:
University Student
Primary Motivation:
Draft Resister, Opposition to the Vietnam War
Reason for Court Appearance:
[1] Failure to register for national service
[2] Failure to attend a medical examination and enter into a recognizance to attend a future medical examination
[3] Failure to pay a fine $100 previously imposed
Court Name and Location:
[1] Court of Petty Sessions, Melbourne
[2] Court of Petty Sessions, Canberra
[3] Court of Petty Sessions, Canberra
Court Hearing Date:
[1] 13 November 1969
[2]12 September 1970
[3] 19 October 1970
Court Outcome:
[1] Fined $40
[2] Fined $100 plus $6 costs (failure to attend) and sentenced to 7 days jail (failure to enter a recognizance)
[3] Sentenced to 53 days jail
Military Event:
National Service and Vietnam War 1964-1972
Further Information:
Patrick Fulton was a 20-year-old from Heathmont, a suburb of Melbourne. He then moved to Canberra to attend the Australian National University. He refused to register for national service under the National Service Act 1964 (NSA) for the selective conscription ballot of January 1968. He was convicted in Melbourne on 13 November 1969 and was fined $40 with costs refused for that offence. He was convicted in the Canberra Court of Petty Sessions on 12 September 1970 for failing to attend a medical examination on 10 June 1970. Magistrate CL Fischer fined Patrick $100 plus $6 costs for this offence under the NSA. Patrick had pleaded guilty and was asked by the magistrate why he had not attended the medical. He replied, I regret having to take this action and I regret that in future I will have to break more laws. He added the war in Vietnam was the reason for his action. He was given 28 days to pay the fine, but he indicated to the court he would not pay it. Magistrate Fischer requested Patrick to enter into a recognizance to obey a future medical examination. This was prompted by the Crown’s legal counsel. Patrick refused. The Magistrate stated, Apparently, I have no alternative but to sentence you to 7 days gaol. Patrick served this immediately. On 19 October 1970 he was jailed for 53 days for failure to pay the fine of $100 formerly imposed. A fellow ANU student BO Doyle wrote to the Canberra Times after reading about Patrick’s experience, In part it read, But what is Patrick’s real crime? Simply that he believes with a firm conviction that he has an obligation to defy a Government which seeks to conscript him for military purposes, and thus deprive him of his right to decide whether or not he will participate in making war, and possibly, killing…As a fellow student I feel sorrow that Pat Fulton will not be seen on campus again this year. It is unknown whether Patrick had any further dealings with authorities over his non-compliance of the NSA before it was suspended by the newly elected Whitlam Labor Government in December 1972.
Confirmatory Sources:
Peacemaker,July/ August 1969, p.4; November/ December 1969, p. 8; August/ September 1970, p7; October/ November 1970, p.3; January/ February 1971, p.10; May/ June/ July/ August 1971, p.12.
Canberra Times, 12 July 1969, p.8; 23 September 1970, p.11; 20 October 1970, p.3; 27 October 1970, p.2.
Woroni, 15 September 1970, p.3.
THE AUSTRALIAN PEACE HONOUR ROLL 