M6

Morotai Trial M6 was an Australian war crimes trial conducted on Morotai between 3 and 6 December 1945. The case concerned the murder of Royal Australian Air Force airmen Hann, Walters and King and formed part of the series of prosecutions arising from the same executions. Private Oichi Tuichi and Superior Private Suzuki Asama of the 211 Infantry Regiment, 32nd Division, were charged after carrying out the execution of one of the captured Australian airmen on the orders of their superior officers.

The prosecution alleged that Captain Iwasa had ordered the executions under instructions originating with Colonel Koba through Major Tamura. The principal legal issue was whether soldiers who carried out an unlawful order could escape criminal responsibility. The court held that obedience to superior orders did not provide a complete defence, although it was a significant mitigating factor when determining sentence. Both accused were convicted and initially sentenced to ten years' imprisonment, with their sentences later reduced to five years. During the proceedings the court also examined conflicting evidence over whether Lieutenant Asaoka had issued the fatal orders and ultimately acquitted him because the evidence did not establish his guilt beyond reasonable doubt. This page summarises the trial, the evidence, the convictions, the legal issues surrounding superior orders and the surviving archival records, including the Judge Advocate General's report.