You be the judge

You be the judge
Imagine yourself in the following scenario:
Years have passed since the war’s end and it’s now 1980. The Vietnam
Veterans’ Association of Australia (VVAA) is combining, in a class action,
to sue the Federal Government. In a class action, a number of people sue
another party (or parties) over an issue that they all have in common.
In this case, the VVAA want the government to pay every Vietnam Veteran
the sum of $10 000. This sum is compensation for their wartime experiences
and the poor treatment they believe the veterans received from the
Australian public and government after they returned from the war. This
payment would be in addition to general veterans’ benefits.
In this lesson, you read through the transcript of the simulated ‘court case’.
You consider witnesses from both sides. After you have heard the evidence,
you play the role of judge and decide what compensation payout, or any
other reparations, the veterans are entitled to receive, based on the
evidence that is presented.
A suggested approach
If you are in a classroom, your teacher may assign roles to different
students. This will bring the case ‘alive’ as you read through the evidence.
The roles are:
•
lawyers for the Vietnam Veterans’ Association of Australia (VVAA)
•
lawyers for the Australian Government (Govt)
•
veteran Gary McMahon
•
veteran Bob Pride
•
a Vietnam nurse
•
veteran Bill Ryan
•
a psychiatrist for the VVAA
•
a VVAA historian
•
veteran Michael O’Brien
•
a Sydney journalist
•
a government historian
•
historian Jane Ross
Part 2 Australia goes to Vietnam
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Gary McMahon, a veteran
VVAA
We call our first witness — Gary McMahon, who is a veteran
of the Vietnam War. Gary, can you recall your experiences
after you returned home from the war in which the Federal
Government ‘enlisted’ Australia?
Gary
McMahon
Returning veterans were ignored. Some of us were spat at,
called murderer, or baby killer, or asked how come we were
stupid enough to go. If we came home blind or missing a limb
we were made to feel that it served us right … many veterans
still carry powerful and disturbing feelings. A lot of us live
lives characterised by a great number of medical and
psychological problems. Some of us have retreated into a
world of disillusionment, anger, grief, and guilt.
VVAA
So what was the cause of these feelings amongst veterans?
Gary
McMahon
The bitterness and disillusionment comes from anger towards
the society that sent us to Vietnam, and then blamed us for
the horrors of the war. When we returned most of us never
talked about Vietnam, or even denied that we had been
there. We were the unmentionables of Australian society
when we came home, and we didn’t understand it.
VVAA
Thank you Gary, that can’t have been easy.
All quotes from Gary McMahon in www4.tpgi.com.au/users/garymcma/ptsd.htm
(accessed December 2005)
Bob Pride, a veteran
VVAA
We now call our second witness — Bob Pride, another
Vietnam Veteran. Bob, please tell the court how you were
received when you returned home after risking your life in the
service of your country?
Bob Pride
I had this idea of coming home to a brass band and
tickertape processions … I think we landed at Sydney airport
at about ten or eleven o’clock at night, went through customs,
and got our pay. When the doors opened there were these
people waving placards and someone was holding up a page
out of a newspaper about women and children being killed
VVAA
So what sort of welcome were you expecting?
Bob Pride
The way it was for the Anzacs and the Second World War
guys
All quotes from Bob Pride cited in Rintoul S, 1987, Ashes of Vietnam, Heinemann,
Melbourne, p 179.
50
Australia in the Vietnam Era
A Vietnam nurse
VVAA
Our next witness is a nurse who served in Vietnam. Sister, can
you please describe your experiences in Vietnam.
Vietnam
nurse
Well, most of us served between six and twelve months but
many nurses did several tours. The hours were very long,
certainly not nine to five, and we were in constant danger.
VVAA
And when you came home?
Vietnam
nurse
A lot of us just didn’t talk about Vietnam because of the bad vibe
in Australia about the war and a lot of nurses’ health suffered
from the stress and nerves caused by the war.
VVAA
And how did the government treat you?
Vietnam
nurse
They didn’t even recognise us as veterans and the only
assistance that nurses got was basically Workers Compensation.
Crowe A, 1999, The Battle After the War, Allen and Unwin, Sydney, pp 152-53.
Bill Ryan, a veteran
VVAA
We now call to the stand our final veteran — Bill Ryan. Bill, can
you tell the court about one terrible experience you had in
Vietnam?
Bill Ryan
There was one occasion where we were called to repair a broken
down tank. On our way out we came across a group of about a
dozen Vietnamese, who our sergeant reckoned were Viet Cong,
unloading a boat on a riverbank … we were ordered to ambush
them, even though most of us were tradesmen – mechanics,
welders, fitters and turners and the like. We never saw ourselves
as grunts [infantrymen] or trained killers. The ambush went ahead
and most of the nogs were killed outright. One of our blokes was
also killed and two were wounded. Some of the Vietnamese
bodies floated out into the river and we could not get them to bury
them. We went on and repaired he tank. On our way back to base
we passed the spot of the ambush and the current had carried a
couple of bodies back into the riverbank. We were ordered to
remove the bodies from the river and bury them. They had been in
the water now for a couple of days and were very bloated. When
we tried to pull them on to the bank the bodies just came apart.
VVAA
Do you still have memories of this incident?
Bill Ryan
This has never left me. I still have nightmares about it. Any news
report of a drowning is always bad for me and usually triggers
nightmares about that incident in Vietnam.
Govt
We recognise that these witnesses went through very traumatic
experiences and we don’t want to put them through further
suffering. However, we will show later that not all veterans
suffered the same reaction when they came home.
All quotes from Bill Ryan cited in Crowe A, 1999, The Battle After the War, Allen
and Unwin, Sydney, p 175.
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51
A psychiatrist for the VVAA
VVAA
Our next witness is a psychiatrist who has appeared before
government inquiries. Sir, can you explain what PTSD is?
VVAA
psychiatrist
The letters stand for Post-Traumatic Stress Disorder. In the case
of the Vietnam Veterans, PTSD was linked to psychological
effects caused by the war. Symptoms include flashbacks to
horrific events, nightmares, feelings of guilt, unexplained bouts of
rage, fear of crowds and alcoholism.
VVAA
Is there any statistical evidence to suggest that Vietnam Veterans
have suffered from PTSD due to the war?
VVAA
psychiatrist
Yes, most definitely. Research has shown that amongst veterans,
and we’re talking about males here, 3.2 per cent are in the most
serious category and have had their lives ruined by PTSD. A
further 5.9 per cent have constant mental effects from the war,
12.2 per cent have experienced so many problems that they have
been diagnosed with some condition, and 23.5 per cent are in the
‘mildest’ category and suffer symptoms like depression or anxiety.
Govt
Before you go Sir, can you tell the court how these figures
compare to the general male population?
VVAA
psychiatrist
Well, 2.4 per cent of men are in that most serious category, then
4.9 per cent suffer constant problems in their everyday lives, 9.9
per cent have been diagnosed with some symptoms, and 20 per
cent are in the mildest category.
Govt
So in other words, the figures aren’t that much lower than the
statistics for the veterans. No more questions.
VVAA
Just one last question — can you tell the court what the
Australian Army medical director, Brigadier Rogers, has said on
the subject of the mental health of Vietnam Veterans?
VVAA
psychiatrist
Yes, he concluded that the fighting soldier in Vietnam suffered
‘many times more stress’ than a World War II Veteran (Ambrose
1999).
VVAA
Thank you.
All psychological statistics cited in Pemberton G (ed), 2002, Vietnam Remembered,
New Holland Publishers, Sydney, p 205.
An historian for the VVAA
52
VVAA
Our final witness is an historian. A lot of veterans returned and
commented that, aside, from the protestors, there were many
Australians who seemed to adopt a ‘who cares’ attitude to their
service in Vietnam. How many Australians actually served in
Vietnam?
VVAA
historian
Well, in total there were about 50 000. That represented just
0.4 per cent of the population.
VVAA
How did that compare with World War I and World War II?
VVAA
historian
Oh, in World War I, 13.4 per cent of the male population alone
in the armed forces, and in World War II, the figure was 10.28
per cent of the ENTIRE population.
Australia in the Vietnam Era
VVAA
So it would be fair to say that the war in Vietnam, therefore, did
not have anywhere near the impact on society as the earlier
conflicts, particularly World War II when war literally came to
Australia. Indeed, it would be fair say that much of the
population were quite unconcerned, even disinterested, about
the conflict. Most showed little enthusiasm or recognition when
veterans returned home, especially as we didn’t ‘win’ this war.
This can’t have made a soldier feel very good after he had
risked his life fighting for his country.
Govt
I’m glad my opponent has brought up the issue of the
‘uniqueness’ of Vietnam. The VVAA has often claimed that
their war was different and more stressful than all the others.
So, some questions to test this claim of ‘uniqueness’ — have
veterans from other wars served in difficult terrain as well?
VVAA
historian
Yes, for example, Kokoda and many other Asian theatres in
World War II.
Govt
Have veterans from other wars served in harsh climates too?
VVAA
historian
Yes, again Asia in World War II, the Western Front in World
War I, and Korea was bitterly cold in winter.
Govt
Could veterans from other wars do a tour of duty for only
twelve months and then come home?
VVAA
historian
No, many served for years in both World War I and World War
II.
Govt
No further questions.
VVAA
I have just one question regarding problems encountered by
Australian soldiers— did those in Vietnam have greater
difficulty recognising the enemy?
VVAA
historian
Yes, because South or North, they were all Vietnamese and
even young children or old villagers could be working for the
Vietcong. Not to mention the booby traps and tunnels.
VVAA
This must have created tremendous anxiety.
VVAA
historian
Yes, it did.
VVAA
Changing the subject, we will now present evidence about
protests in Australia during the war. So what was the nature of
the protests, not just against the war in Vietnam but also
specifically against Australian soldiers?
VVAA
historian
Some protestors displayed very bitter feelings against their
own people. Typical posters said things like, ‘Australian
soldiers are guilty of war crimes’ and ‘Australian soldiers are
baby killers’.
VVAA
What other things did the protestors claim?
VVAA
historian
They accused their fellow countrymen and women of murder,
ill treatment of the Vietnamese and deporting villagers during
search and destroy missions.
VVAA
Horrifying! Thank you.
Govt
We have no questions for the witness. We will produce our
own witnesses who will remind us that there was also
Part 2 Australia goes to Vietnam
53
tremendous support for Australia's soldiers.
VVAA
We recognise that there was support for veterans as well.
However, it is hard to underestimate the devastating effect on
a soldier returning home after risking his life, especially those
who were forced to go to war by the government, and then
being told he is a BABY KILLER! We rest our case.
The case for the government
Govt
The VVAA presented several witnesses who recalled
negative experiences when they returned from Vietnam. Our
first witness — Michael O’Brien will tell a different story.
Michael, how was your battalion [a military unit] received at
their parade in 1968 after coming home?
Michael
O’Brien
The battalion marched through Sydney ... enthusiastically
cheered by the crowd and showered with confetti. ... The
march through the city was an important ceremony for many
soldiers, particularly those being discharged from the Army
soon afterwards.
Govt
Thank you Michael. The Government maintains that while
there was always opposition to the war, that didn’t
automatically transfer to the veterans themselves.
VVAA
The Government mentioned that this parade took place in
1968. It should be said that the great wave of protest that
was to follow only really started after that.
Quote from Michael O’Brien in O’Brien M, 1995, Conscripts and regulars with the
Seventh Battalion in Vietnam, Allen & Unwin, Sydney, p 142.
A Sydney journalist
54
Govt
Our next witness is a journalist who was at the welcome
home parade for the 1st Battalion RAR (Royal Australian
Regiment) in June 1966. Can you recall the size of the
crowd?
Sydney
journalist
Nearly half a million
Govt
Can you describe the atmosphere?
Sydney
journalist
It was extremely positive. With all the cheers and applause,
you couldn’t hear yourself think.
Govt
Were there any protests?
Sydney
journalist
Well, only one. A girl threw some red paint over two soldiers.
Australia in the Vietnam Era
Source: Welcoming home the 1st Battalion, Sydney, 1966
The Australian 9 June 1966 cited in Murphy J, 1993, Harvest of Fear, Allen and
Unwin, Sydney, p 148.
Govt
And how did the crowd react to her?
Sydney
journalist
She was loudly booed and hissed.
Govt
Thank you.
VVAA
Now, when was the date of that parade again?
Sydney
journalist
June 1966.
VVAA
As with the previous witness, this march was fairly early in
the war before the public mood started to turn sour. While
you’re on the stand, do you remember an editorial called,
‘Two kinds of courage’, in the Sydney Morning Herald in
August 1969?
Sydney
journalist
Yes I do. It equated the courage of soldiers in Vietnam to
Australians who refused to be conscripted into the army?
VVAA
I see. In other words, it was associating ordinary soldiers
putting their lives on the line with ‘draft dodgers’, some of
whom ended up in jail. That can’t have made the returning
soldiers feel very good.
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An historian for the Government
Govt
The VVAA seems insistent in suggesting that positive crowd
responses only came early in the war. Our next witness will
disprove this remark. We now call the Government historian
to the stand. Miss, can you list some of the ‘welcome home’
functions during the Vietnam War and the reception that our
soldiers received at these functions?
Govt
historian
Yes, it’s quite a long list. There were a lot of activities to
welcome the soldiers back. Some were:
Govt
•
1966, although it wasn’t a ‘welcome home’ march, a few
Vietnam Veterans did receive a special cheer during the
Anzac Day march
•
in 1968, a crowd of 6000 outside Town Hall in Sydney
cheered some veterans. On that day about 1000 anti-war
protested were loudly jeered
•
in 1969, there was a large march in Adelaide, where 200
protesters were attacked by supporters of the veterans
•
in 1970, supporters far outnumbered protesters in
veterans’ parades in Sydney, Melbourne and Brisbane
•
again in 1970, the Sydney Morning Herald reported that
‘the biggest cheer of all was given to the first of the
Vietnam veterans’ at the ANZAC Day march
•
and even as late in the war as 1971, veterans marched in
Townsville to a large ‘rousing heroes welcome’ according
to the Townsville Daily Bulletin.
Thank you. There is plenty of evidence then, to suggest that
when marches were held, the returning soldiers received a
warm welcome and supporters far outweighed protestors.
Information on marches cited in Pemberton G (ed), 2002, Vietnam Remembered,
New Holland Publishers, Sydney, pp 190-210.
Jane Ross, an historian
Govt
We now call our final witness. Jane Ross is another historian.
She has written extensively on Australia's military history in
the twentieth century. Now we have at least distanced
ourselves from the myth of the ‘Hollywood’ Vietnam returned
soldier because it is now acknowledged that the experience
of Australian troops was quite different to that of the
Americans.
Ms Ross, what has emerged from your research?
Jane Ross
56
This has not prevented the development of stereotypes about
the returned soldier, the dominant one being that of the
‘troubled veteran’, as presented by the VVA. The actual
typical veteran, in the sense of being the most commonly
occurring case, may be somewhat more conventional. He
may well be … reasonably adjusted, married … with two
children and a mortgage. He may belong to local
organisations, march on Anzac Day and be proud to be part
of a tradition going back to Gallipoli. Vietnam may be for him
Australia in the Vietnam Era
not a problematical issue, but merely one year, a long time
ago.
Govt
So not every veteran has suffered from PTSD?
Jane Ross
The 50 000 veterans deal with their memories of the war in
many different ways. For some, the full-time veterans, it
becomes the defining element in their self-image. Some
achieve peace by helping other veterans, a few by revisiting
the battlefields in Phuoc Tuy. Some are damaged beyond
cure, others live productive lives even though handicapped
either physically or emotionally by their service. And for
others, perhaps the largest number of veterans, their
experience of the war in Vietnam is simply not an issue. For
them, there is nothing to confront.
Govt
Thank you. We rest our case.
All quotes from Jane Ross cited in Pemberton G (ed), 2002, Vietnam Remembered,
New Holland Publishers, Sydney, pp 187, 213.
Go to the exercises section and complete Exercises 2.11 to 2.13 as
directed by your teacher.
Part 2 Australia goes to Vietnam
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