M44

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.