Family Name:
Mason
Given Names:
Brian Keith
Gender:
Male
Birth-Date:
Unknown,
Death-Date:
Unknown
Marital Status:
Unknown, probably single
Age:
18 years old
Location:
SA, Forest Range
Occupation:
Unknown
Primary Motivation:
Draft Resister, religious
Reason for Court Appearance:
[1] Application for total exemption from military duties as a conscientious objector
[2] Refused enlistment
Court Name and Location:
[1] Unknown, SA
[2] Police Court, Adelaide
Court Hearing Date:
[1] 21 November 1951
[2] 12 June 1952
Court/ Outcome:
[1] Granted exemption from combatant military duties only
[2] Fined £10 plus £3/13/6 costs and fees and sentenced to Holsworthy Military Prison
Military Event:
National Service 1951-1959
Further Information:
Brian Mason was from South Australia and a Quaker by religion. As such, being a member of that historic peace church he had every expectation of his application for total exemption from military duties under the National Service Act 1951 (NSA) to be successful. He registered under the NSA during 1951. On his application form he stated he was a conscientious objector and was not prepared to kill or to be the means of killing and he requested total exemption, both combatant and non-combatant duties. On 21 November 1951 his application was heard by Magistrate Scales who found the Brian held conscientious beliefs which did not allow him to undertake duties of a combatant nature but did allow him to undertake naval, military or air force duties of a non-combatant nature. He had no right of appeal under the NSA. Brian then received a notice from the Department of Labour and National Service (DLNS) requiring him to report for duties for service at 9am at the Army National Service Reception, Parade Ground, King William Street, Adelaide on 2 January 1952. Brian refused to obey the call-up and wrote to the DLNS informing them that he would not attend on the day fixed by them. Brian received a summons from the Registrar of National Service requiring him to report to the Adelaide Police Court on 22 May 1952. He was charged with refusal to enlist. He appeared before RJ Coombe and was fined £10 plus £3/13/6 costs and fees. He was given over to the custody of military authorities He refused to wear any military uniform. Brian was sent to Holsworthy Military Prison in New South Wales. He would have to serve at least 176 days which was the time of military training mandated under the NSA. This verdict against Brian drew opposition from the Society of Friends, the Women’s Peace Crusade and the Communist Party of Australia. They claimed that Brian’s case revealed a violation of what is accepted a British Justice because he had not been granted the right of appeal against the magistrate’s decision. He had been taken against his will to a destination some thousands of miles from his home. His mother and two sisters were totally financially dependent on him, which obviously had the risk of great hardship. His mother had no chance of visiting her son. Opponents of the NSA argued forcefully for the right of appeal and the protection of civilians against arbitrary military law, such was the case of Brian Mason.
Confirmatory Sources:
Bobbie Oliver, Hell No! We Won’t Go! Resistance to Conscription in Post War Australia, Interventions, Melbourne, 2022, p.20 and p.221.
Peacemaker, July 1952, p.1; August 1952, p.1; September 1952, p.1.
