Statement on Vandalisation of the Bathurst Boer War Memorial

Statement on vandalisation of the Bathurst Boer War Memorial adopted by the Council of the Military History Society of New South Wales at their meeting on 6 July 2019.

We condemn the defacement of Bathurst’s Boer War Memorial on 20 June 2019. The memorial is one of the most beautiful and historic in New South Wales. Unveiled by Field Marshal Lord Herbert Kitchener during a visit to Bathurst on 10 January 1910, it commemorates locals who served in the South African (Boer) War between 1899 and 1902. The names of Henry ‘Breaker’ Morant and Peter Handcock were added to the honour roll in the 1960’s, both executed by order of a British Court Martial during the Boer War. The monument is sited in Market Square, a prominent public space in the centre of Bathurst. Most war memorials are typically located in open public areas, like parks, since they are designed to be approached and observed at close quarters. Their principal purpose is to display inscriptions in the form of plaques or honour rolls naming the soldiers who sacrificed their lives, along with epitaphs, dedications and descriptions of wars and battles. It is not possible or appropriate to protect them from vandalism by barring or restricting access. In virtually every case 24-hour security guards would be too costly and impractical. In these circumstances it is crucial that the legal penalties for such conduct are severe enough to deter offenders. In the wake of the Bathurst incident, we doubt that current legislative provisions are adequate. Section 8 of the Summary Offences Act 1988 (NSW) provides that willfully damaging or defacing a war memorial carries the maximum penalty of a $4,400 fine or a community service order. There is no minimum fine or penalty of imprisonment. Although the offence attracts a conviction, Magistrates have the discretion not to impose a criminal conviction under Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). For these reasons it is entirely possible and probably common for offenders against Section 8 to escape with the proverbial ‘slap on the wrist’. We call on the NSW Government to review the penalties for damaging or defacing war memorials prescribed in the Summary Offences Act. We suggest that a mandatory minimum fine of substantial value be introduced in conjunction with a higher maximum fine. Serious consideration should also be given to the possibility of imprisonment in the case of repeat offenders.

R Muscat
D Weatherall
J Muscat
S Tan

Related item: Statement on the vandalisation of public monuments and war memorials in this week's protests, 4 June 2020.

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