HALPIN, John

Family Name:

Halpin

Given Names:

John

Gender:

Male

Birth-date:

Unknown, probably 1948

Death-date:

Unknown

Marital Status:

Unknown, probably single

Age Range:

Early 20s

Location:

VIC

Occupation:

University Student

Primary Motivation:

Draft Resister, Anti-Conscription

Reason for Court Appearance:

[1] Failed to attend a medical examination medical examination

[2] Subpoena to Robert Menzies (former Prime Minister) and Harold McMahon (Prime Minister)

[3] Appeal against the sentence of 7 days jail and failure to enter a recognizance to attend a future medical

[4] Writ of habeas corpus to remove himself from jail

[5] Second appeal against the sentence of 7 days jail

Court Name and Location:

[1] Court of Petty Sessions, Melbourne

[2] County Court, Melbourne

[3] County Court, Melbourne

[4] County Court, Melbourne

[5] Supreme Court, Victoria

Court Hearing Date:

[1] 9 June 1971

[2] 26 July 1971

[3] 30 July 1971

[4] 30 July 1971

[5] 31 July 1971

Court Outcome:

[1] Fined $50 and $22 costs

[2] Subpoena set aside

[3] Appeal dismissed and sentenced to 7 jail (for refusing to enter a recognizance)

[4] Writ dismissed

[5] Second appeal was dismissed

Military Event:

National Service and Vietnam War 1964-1972

Further Information:

John Halpin was from Victoria and a student at Melbourne University. He failed to attend a medical examination for national service under the National Service Act 1964 (NSA). He was summonsed to court on 9 June 1971. He was sentenced to a fine of $50 plus $22 costs. He was released on $100 bail pending an appeal. John subpoena Robert Menzies, the former Prime Minister and Harold McMahon the current Prime Minister. The case was heard in the County Court Melbourne on 26 July 1971. The subpoena asked Menzies to produce certain documents for John’s appeal against the sentence of 7 days jail for failing to attend a medical examination. The legal counsel for Menzies, John Winneke argued that the documents sought were irrelevant to John’s case and an abuse of process. Judge Dethridge agreed and the subpoena was set aside.

On 30 July 1971 John appealed against his sentence of 7 days jail in Pentridge impose by Judge Dunn of the County Court because he refused to enter into a recognizance to attend a future medical. He sought a writ of habeas corpus to remove himself from Pentridge Prison on the grounds that Judge Dunn had no jurisdiction. The writ was dismissed. John then took the matter to the Supreme Court and the hearing was on 30 July 1971. This appeal was also dismissed. After the hearing the Pentridge warden conducted John from the court to begin his sentence. After his release John was still active in his protest and non-compliance with the NSA. He with another draft resister, Robert Munz, spoke to a meeting of about 500 students at Melbourne University. Although police were present on campus neither were apprehended. Later in 1972, John was present with three other draft resisters at Monash University. They had all gone ‘underground’. They were barricaded inside with radios 3DR (draft resister) and 3PR (people’s radio) and 500 supporters. The police were present and showed a lot of interest but were unwilling to enter the University. At the time John and Tony Dalton were under warrant for their arrest for breaching the NSA. It is unknown whether John was arrested. It is unlikely and he survived this until the newly elected Whitlam Labor Government suspended the NSA in December 1972 and ‘dropped’ all outstanding prosecutions of those who had breached the NSA.

Confirmatory Sources:

Canberra Times, 27 July 1971, p.8; 31 July 1971, p.33; 18 April 1972, p.9.

Peacemaker, May/ June/ July/ August 1971, p.12.

Tribune, 25 July 1972, p.10.Tharunka, 8 November 1972, p.14