M39

JAG notes that on almost identical evidence 3 ORs who had similarly taken part in the execution of PW Boyce were in my opinion rightly found not guilty of the Court - apparently on the grounds that there was nothing to suggest to these men that it was an illegal order when they obeyed it. In my opinion there is no evidence that these men have committed a war crime and the findings and sentences [for the ORs] should not be confirmed.

WRT 3 officers also of opinion that the findings and sentences should not be confirmed. Each officer swore they were informed that the execution was the sentence of a court-martial for an offence which they knew the PWs committed - punishable by death according to the Japanese code.

Every right to believe it was a sentence lawfully imposed by higher authority.