Statement on the Vandalisation of Public Monuments and War Memorials
As a body dedicated to preserving and honouring our state’s
military heritage, the Military History of New South Wales is disturbed by
continuing instances of defacement, vandalism and misuse of historical public
monuments, including war and veterans memorials.
Acts of physical destruction as a means of political
expression should be condemned unreservedly. These attacks represent an
infringement of community rights. They are an illegitimate substitute for the
democratic processes by which these monuments are properly managed with broad
popular consent. This is true even if controversy surrounds the monument in
question. In the case of war memorials, the attacks dishonour the sacrifice,
and insult the relatives, of those who gave their lives for the precious freedoms
that protestors exploit.
Civil authorities at all levels of government should
repudiate such attacks in explicit terms. Public monuments and war memorials
must not become props in the theatre of violent protest. Our leaders must apply
all necessary measures, including criminal sanctions, to ensure that vandalism
is not legitimised or mainstreamed as an acceptable form of political activism.
These monuments
are typically located in open areas, like parks or squares, since they are
designed to be approached and observed at close quarters. In many cases, their
principal purpose is to display statues or inscriptions, on plaques or
otherwise, naming and explaining an eminent historic figure. Most war memorials
display honour rolls listing soldiers who sacrificed their lives as well as epitaphs,
dedications and descriptions of wars
and battles. It would be contrary to their public purpose to protect them
from vandalism by barring or restricting free access. In virtually every case
24-hour security guards would be too costly and impractical, and likewise
closed-circuit video surveillance is not always an option. For these reasons,
it is crucial that the legal penalties for such conduct are severe enough to
deter potential offenders.
We doubt that current
legislative provisions are adequate. For example, Section 8(2) of the Summary
Offences Act 1988 (NSW) makes it is an offence to
damage or desecrate protected places, which include shrines, monuments or
statues located in a public place, as well as war memorials or interment sites. If found guilty, the maximum
penalty applicable is a fine of up to $4,400 and 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). In addition, Section
33 the Summary Offences Act
1988 (NSW) provides that a person convicted of an
offence under the Act may be found liable to pay an amount not exceeding
$2,200 for the repair or restoration of any damage caused by the criminal
action. Again, there is no minimum amount and the maximum will rarely cover the
true cost of repairing the damage.
It is entirely possible
and probably common for offenders against Section 8(2) to escape with the
proverbial ‘slap on the wrist’. We call on the NSW Government to review the
penalties for damaging or defacing protected places under the Summary
Offences Act. We suggest that a mandatory minimum fine of substantial value
be introduced in conjunction with a higher maximum fine and that the amount
imposed for repair and restoration under Section 33 should correspond to full
reimbursement of the actual cost incurred by the state. Serious consideration
should also be given to the possibility of imprisonment in the case of repeat
offenders.
Contact:
email: president@militaryhistorynsw.com.au
mobile: 0419 698 783
Our main website is here: www.militaryhistorynsw.com.au
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