M44
Morotai Trial M44 was an Australian war crimes trial conducted on Morotai between 5 and 14 February 1946. The case concerned the mistreatment of Australian and Dutch prisoners of war held at Tantui Prisoner of War Camp on Ambon. The charges included the physical assault and torture of prisoners, compelling sick and infirm prisoners to undertake labour, and failing to provide adequate food for those in captivity.
Nine members of the Japanese military were charged in connection with the administration and guarding of the camp. The court convicted seven of the accused, imposing prison sentences ranging from two to ten years, while two were acquitted. In reviewing the proceedings, the Judge Advocate General concluded that the convictions relating to beatings and torture could be confirmed but questioned the conviction of the officer responsible for camp supplies, finding insufficient evidence that he was personally responsible for food shortages caused by wartime conditions and the Allied blockade of Ambon. The review also commented on the wide variation in sentences, suggesting that some of the longer terms of imprisonment may have been excessive. This page summarises the trial, the accused, the sentences imposed and the surviving archival records, including the Judge Advocate General's report.
Notes
Ill treatment of Australian and Dutch PWs at Tan Toey PW Camp Ambon
a) physical beatings and torture
b) compelling sick and infirm PW to out on working parties
c) failing to ensure provision of proper food supplies.
JAG - the proceedings are not satisfactory. If taken before a civil or military court I would advise the findings could not be confirmed.
Trials under the War Crimes Act none of the rules of evidence - to protect accused persons - apply and the court can admit and consider anything it thinks might assit it in arriving at a conclusion.
He advises that findings against Lt Kawazumi should not be confirmed. He was found guilty of failing to ensure provision of proper food supplies. He was quarter master in charge of supplies of the camp. No evidence that he was responsible for the failure to supply food for the prisoners. No suggestion in the proceedings that he could have obtained more supplies.
IN July/August 1944 a transport containing 3,000 tons of rice was sunk by the Allies when it was on route to Ambon and the Airforce bombed and destroyed to a large extent the stocks of reserve food at Ambon and there was almost a complete blockade of the Island making importation of food practically impossible.
The remaining 6 accused found gulty of beatings and torture . These findings can be confirmed.
Find it difficult to appreciate the reasons for the differences in punishment from 10 years to 2 years but they are lawful sentences and may be confirmed. The long terms of 10 years appear to be excessive and might be mitigated.