Family Name:
Pakavakis
Given Names:
Constantine
Gender:
Male
Birth-date:
21 July 1951
Death-date:
NA
Marital Status:
Single
Age:
20 years old
Location:
VIC, Albert Park
Occupation:
University Student
Primary Motivation:
Draft Resister, Pacifism Humanism
Reason for Court Appearance:
Inciting people to not register for National Service, under Commonwealth Crimes Act
Court Name and Location:
Magistrates Court, Melbourne
Court Hearing Date:
2 August 1971
Court Outcome:
Convicted and fined $20 plus $15 costs in lieu 4 days jail
Military Event:
National Service and Vietnam War 1964-1972
Further Information:
Constantine Pakavakis was from Albert Park in Victoria. He was a Civil Engineering student at Swinburne Institute of Technology. He was 20 years old when he failed to register for national service under the National Service Act 1964 (NSA) for the second 1971 intake of conscripts. The refusal to register was undertaken publicly with 16 others. He considered applying to be registered as a conscientious objector and describes himself as a pacifist to war based on humanism. At the time he was opposed to the Vietnam War and conscription which he considered to be undemocratic, principally because those conscripted were not of voting age. He was a member of the Draft Resisters Union (DRU) in Victoria.
On Saturday 24 July 1971 he was arrested at the General Post Office (GPO) in Melbourne. He was charged under the Commonwealth Crimes Act for incitement. He was handing out a “Don’t Register for National Service” leaflet. Constantine was amongst twelve others who were arrested. He stated that, in the following ten days a total of 111 were arrested for the same charges…Thiis was the first time that this act had been used . At the 2 August 1971 court hearing those charged faced a maximum penalty of 12 months imprisonment. Constantine, together with the other ‘offenders’ were all prepared to be imprisoned rather than comply with the NSA. They all signed a Statement of Defiance and said that they refused to be intimidated by the charge and defiantly stated that they would continue to urge, encourage and incite all 20-year-olds not to register or not comply with the barbarous provisions of the National Service Act. Constantine commented that, We defended ourselves so that we could speak on our own behalf. I had been the first arrested and so was the first heard. I said I didn’t recognise the right of the court to proceed as it was against my democratic right because the age of conscription was 20, but the voting age was 21. I also said I refuse to be conscripted into the army to kill Vietnamese people in their own country in a war that was not a defence of Australia. Magistrate Thompson found him guilty as charged and he was sentenced to a fine plus costs in lieu 4 days jail. Constantine informed the magistrate that he refused to pay the fine. He said the magistrate’s response was, He pointed to the door and said, “That is your own business, now leave this courtroom”.
Constantine recalled that he evaded the authorities with 6 months spent in the Strathbogie Ranges after his refusal to pay the fine. A warrant for his arrest was issued. At once stage he stated that, I did have to push my way out of a Commonwealth Unemployment Office when I tried to get the dole after returning from the Strathbogie ranges. They looked up my name and tried to restrain me until the police arrived. Also on another occasion, I was returning home from work and two police cars were double parked outside my home. Constantine spent the 6 months “underground” in the Strathbogie Ranges. He was active in his protest activity to end conscription and the Vietnam war. He served as a Marshall at Moratorium’s, protested outside the GPO every Saturday for about a year, and was active at the DRU meetings. He had an anti-conscription article published in the Melbourne Greek Communist magazine. All pending prosecutions under the NSA were stopped by the newly elected Whitlam Labor government in early December 1972.
Constantine in later life was a teacher then Principal in the primary school sector for 36 years, in the inner suburbs of Melbourne. He now lives in Richmond.
Confirmatory Sources:
Peacemaker, May/ June/ July/ August 1971, p.11; September/ December 1971, p.4.
The Sun, 29 June 1971, p.29.
The Age, 3 August 1971.
Personal Interview, Constantine Pakavakis, October 2024.
