JOHNSTON, Barry

Family Name:

Johnston

Given Names:

Barry

Gender:

Male

Birth-date:

Unknown, probably 1950

Death-date:

7 February 2009

Marital Status:

Unknown, probably single

Age Range:

Early 20s

Location:

VIC, Ormond

Occupation:

Primary School Teacher

Primary Motivation:

Draft Resister, Anti-Conscription

Reason for Court Appearance:

[1] Failure to register for National Service

[2] Failure to register for National Service

[3] Breach of the National Service Act

Court Name and Location:

[1] Court of Petty Sessions, Oakleigh

[2] Court of Petty Sessions, Melbourne

[3] Unknown, Unknown

Court Hearing Date:

[1] 26 June 1970

[2] 18 June 1971

[3] 27 November 1971

Court Outcome:

[1] Unknown, probably fined

[2] Sentenced to 7 days jail and fined $40 plus costs $21,50

[3] Sentenced to 8 days jail

Military Event:

National Service and Vietnam War 1964-1972

Further Information:

Barry Johnston was a primary school teacher from Ormond, a suburb of Melbourne. He was a draft resister, and was active in protests, against conscription and the Vietnam war. He was non-compliant with the National Service Act 1964 (NSA). He failed to register under the NSA for the July 1969 into the army. On 26 June 1970 he was convicted in the Oakleigh Court for. failing to register again at the Melbourne Court on 18 June 1971. He was fined $40 plus $21.50 costs and jailed for 7 days. On 27 November 1971 he was jailed for 8 days for continued breaching of the NSA.

Barry was secretary to the Draft Resisters Union in Victoria. He was also an active member of the Victorian Teachers Union and the Australian Education Union. On Monday13 September 1971, the Australian Labor Party (Victoria) endorsed Barry as their candidate to challenge the sitting Coalition member Don Chipp. He was Minister for Customs and Excise and was the member for Hotham in the Australian Parliament. A warrant for Barry’s arrest was issued on 7 February 1972. He went ‘underground’ to escape arrest. This meant he was unable to campaign for the election due to be held later in 1972. It caused some angst amongst the Federal ALP, including its leader Gough Whitlam. Mr Whitlam advised Barry that he should give his address to the police and submit himself to the process of the law. In an Australian Broadcasting Commission television interview on 13 June, Barry said that he did not think Mr Whitlam had done the Labor Party’s cause any good whatsoever by the position he had taken. He said, As far as my being able to take a seat in the House is concerned, I’ve not been convicted of breaking any law at the moment and even if that were the case, there’s going to be a Labor Government next yar, I’m quite confident… And under a Labor Government I won’t be guilty of any offence whatsoever.

During late October 1972, reporter of Tharunka, interviewed his opponent Don Chipp about Barry. [Interviewer] You are facing an election where your opponent is a draft resister. What are your personal feelings about this and your campaign in this situation? [Chipp] What’s his name again? [Interviewer] Barry Johnston. [Chipp] I have tremendous admiration for him, and will not at any stage during my campaign, denigrate him. I don’t think I’ll be praising him, though I do know, before we get into the hysteria of a campaign, as being a man of conviction. It takes an enormous amount of guts for a man of 21-22 to put his career on the line for a principle. I think he is misguided, there are other ways of him showing his point of view. But I do believe strongly that there are people manipulating him who don’t give a damn about Barry Johnston, the man. They are the villains in this piece. [Interviewer] Do you think he should have to face the consequences of 18 months jail? [Chipp] Yes, I will not deny the right of Barry Johnston or whoever to disobey a law if he thinks it is an unjust law. But, if, in our present society, they do this they must be prepared to face the consequences…

Barry remained ‘underground’ for about 10 months and successfully evaded arrest. He recalled that, I had one close call when a police car stopped outside the place I was staying…we vaulted a few back fences and I ran about three-quarters of a mile to another place…My campaign will go on, even if I am arrested. My parents would campaign on my behalf. Barry did not win the seat of Hothan in the federal December election, but the ALP won government under Gough Whitlam. The newly elected government suspended the NSA, released any non-compliers from prison and stopped any pending prosecutions. On election night Barry attended a victory party without fear of arrest. Tragically he was killed in the in the terrible bushfires near Kinglake in Victoria in 2009. The 7 February 2009 is known as ‘Black Saturday’.

Confirmatory Sources:

Peacemaker, May/ June 1970, p.4; August/ September 1970, p.7; January/ February 1971, p.10; May/ June/ July/ August 1971, p.12.

Canberra Times, 14 September 1971, p.1; 13 June 1972, p.3; 14 June 1972, p.3; 8 August 1972, p.7.

Tharunka, 1 November 1972, p.6.