M41
Notes
Murder of PW near or at Galala Ambon on or about 24 Jul 45 murdered VX25109 Pte Boyce W.F. of 2/21 Aust Inf Batallion
JAG - Vice Admiral Ichise denied he ordered the execution - no evidence to support it.
Petty officers Tanaka and Kakuda carried out the execution under immediate orders of superior officer having been haphazardly selected from the guard. Nothing to intimate to them that it was an illegal order.
Capt Shirosu issued order from HQ and Miyazaki transmitted to Shimakawa. Neither Shirozu or Miyazaka were present at execution. Shimakawa was in charge of party executing the PW.
All three officers ought to have known that a death sentence could only be given by court-martial but no cm had been held and therefore no legal order for execution.
Shirozu is a more senior officer at HQ and more responsible. It would appear that he also was really acting on the orders of a senior staff officer.
List of accused
KAKUDA/IWAO
Not guilty in M41 and M45
TANAKA/SHOICHI
M41 Not guilty
M45 found guilty - imprisonment 2 years
SHIMAKAWA/MASAICHI
See M41 and M45 both sentenced to death by shooting
MIYAZAKI/YOSHIO
See court M45 also death by shooting
Executed on 25/9/1947 at Rabaul on another execution warrant see M45 2/1/46 to 15/2/46
SHIROZU/WADAMI
Shirozu was executed on 25/9/47 at Rabaul on another execution warrant from M45 court proceedings held in Morotai from 2/1/46 to 15/2/46
Guilty in both M41 (Death by shooting) and M45 (Death by shooting)