AUSTRALIAN
MILITARY
AAF A l 17(a)
FORCES
(Introduml Jan id)
I(Q AMF I V Onljr
D P W (A 0 1 3 (2 a )) /W M cL /AH.
RECORD OF MILITARY COURT
(JAPANESE WAR CRIMINALS)
A W C No.
Accuscd:
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//117
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2820
Aust W .C. List Scr No.
s/M KARUBE Saburo
Rabaul
13 June 46
8 MD
Court, Place,
Date and
Formation :
Charge (s)
Plea
ILL-TREATMEKT OF A PRISONER OF WAR
(1) in that he at KOMAREYA about
7 Feb 45 ill-treated a number
of Indian PV/s.
Finding
Not
guilty
on both
charges.
Guilty on
both charges.
(2) in that he at KOMAREYA. ill
treated 2/Lt HARI KISHAN DAS,
a prisoner of war.
•
Precis of Evidence:
The evidence for the prosecution on both charges was contained
in a written statement made by 2/Lt IIARI KISHAN DAS (referred to in the
2nd charge) and the interrogation of the accused reduced to writing and
signed by the accused*
The statement of KARI KISHAN DAS contained the
following facts. Members of 1st Bn. Hyderabad Ini’, were PV/ in Japanese
hands at KOMAREYA, HEW BRITAIN.
The treatment was harsh, food was in very
small quantities and P7/ were compelled to work In fatigues for 16 hours each
day without a holiday.
On the morning of 7 Feb 45 the food given to the
Indians was so small in quantity that they decided not to eat it and go out
on fatigue without food.
About midday*they were recalled from fatigue and
the accused and S/M OKIMURA ordered them to fall in.
The accused addressed
the Indians and asked the culprits who instigated the hunger strike to
confess otherwise two of them would be selected and shot.
No one confessed
and both the Japanese became angry and thrashed the Indians very brutally
_____________________________________________ ____________ and soma o f ( P . T . O . )
Sentence
and Date:
To be imprisoned for 3 years.
Confirmation
13 Jun 46.
Finding and sentence confirmed by Lt-Ger. V.A.H. 3TURDEE.
and by Whom:
Promulgation:
Confirmation of finding and sentence promulgated to ajcuscd
on 9 Oct 46.
Petition:
Lodged 25 June 46 against findings and sentence.
J.A .G .
j Report
on Peiition.
Action on Petition:
Confirm findings and sentence and dismiss the petition.
,
Dismissed#
Filed in Attomey-General’s Department and Numbered........................
PURL: https://www.legal-tools.org/doc/7b1e0e/
H Q . A.M.F. r r .t^ ïX B - l/ 'IC - 3 n u
them were rendered unconscious, as a result of the thrashing,
for some hours. The ORs were then sent back to fatigue duties
and the officers were retained. The accused suspected HARI KISHAN
DAS of causing the trouble and charged him with being non co­
operative and protecting his soldiers whenever possible.He became
angry and "trembled with rage*M The accused then beat HARI KISHAN
DAS with his hands and struck him on the temples twice and kicked
him. After this assault the officers were ordered to return to
their fatigue duties.
2.
The accused denied the ill-treatment as alleged. He
admitted that the Indian PW had refused to eat their breakfast and
that he had spoken to the ORs and asked for the person who had •
caused the agitation to confess. As no one confessed, the Indian
ORs were returned to their fatigue duties. He then addressed the
officers and while he was speaking his voice trembled "a little
in excitement v/Ith zeal." HARI KISHAN DAS laughed with a scornful
attitude and a cynical look on his face. He further stated that
"suddenly I lost m y temper and I slapped 2/Lt tfAS twice."
Subsequently HARI KISHAK DAS apologised to the accused. The defence
did not call OEHIURA as a witness. The accused admitted this
Japanese was present when he alleged assaults took place.
The
evidence of USUI YOSHIO Was adduced and in substance he
corroborated the evidence of the accused.
PURL: https://www.legal-tools.org/doc/7b1e0e/