Hong Kong's War Crimes Trials Collection

Case No.

WO235/1089

Accused

Rear Admiral Sakonju Naomasa (D1)

Captain Mayazumi Haruo (D2)

Court

Military Court for the Trial of War Criminals No. 5

Charge

Committing a War Crime
“in that on the High Seas at or about midnight of the 18th/19th March 1944, the accused Rear Admiral SAKONJU Naomasa as Commanding Officer of the 16th Squdron, South-West area Fleet, and the accused Captain MAYAZUMI HARUO, as Officer-in-command of M.I.J.M.S. “Tone”, were, in violation of the laws and usages of war, together concerned in the killing of approximately sixty-five survivors from the sinking of the British m.v. “Behar”, being members of the crew or passengers on the said vessel.”

Background

The Rear Admiral (D1) was at the relevant time in command of the 16th Squadron. Captain Mayazumi Haruo (D2) was in command of the Tone, which was part of the 7th Squadron, but was at the relevant time attached to the 16th Squadron for Operation Sayo No.1. Pursuant to this operation, the 16th Squadron was under orders to disrupt Allied communications in the Indian Ocean. Where possible, Allied ships were to be captured and taken to a friendly port. Where this was not feasible (for example, if captured more than 200 miles from the Cocos Islands), the ship was to be sunk. The minimum number of prisoners was to be taken for intelligence purposes.

Allegations

In accordance with these instructions, the Tone sighted and then sank the Behar on 9 March 1944, almost 600 miles from the Cocos Islands. The crew of the Tone rescued almost everybody from the Behar. From the flagship, D1 ordered, through signals, to “keep two or three prisoners. Take measures to dispose of the rest according to the decision.”

The Commander of the Tone (D2) failed to comply with this and a further order to “immediately dispose of the prisoners”. He kept all the captives alive on the pretext “still under interrogation” until arriving at Batavia on 15 March 1944. The Tone left for Singapore on 18 March 1944, and it was only then that some survivors of the Behar on board were killed.

Defence

D2 challenged the word “disposal” in the order, and also the origin of the order (i.e whether it was from the Fleet or Squadron). D2 argued that he was just complying with the order in “disposing” of the survivors on the way to Singapore. He claimed that he protested against those orders from the start and until his arrival at Batavia. But his protest did not succeed. He had no choice but to execute the order when the Tone left Batavia for Singapore.

D1 claimed that the instructions as to disposal of prisoners was in accordance with Fleet Orders. He did not deny making the signals to the Tone. However, he added that D2 made no “serious effort” in seeing him on arrival at Batavia. He claimed that, as the emergency which existed at sea owing to possible enemy attack had ceased, he had actually ordered that prisoners be landed. He presumed that his order was complied with.

D2 also pointed out that the actual killing occurred when the Tone departed for Singapore, when there was no longer a chain of command between him and D2. Therefore, the responsibility of killing was entirely D2’s.

Prosecutor

Major J.T.H. Cross (R.A. D.A.J.A.G., War Crimes)

Defence Counsel

Mr. Kotani Isao (Member of the Osaka Bar Association) (representing Accused Sakonju), Mr. Sakai Yusuke (Former Judge of Naval Military Courts) (for Accused Mayazumi)

Judges

President: Lt. Col R.C. Laming (Barrister, General List, Indian Army)
Members: Major R.S. Butterfield (Indian Grenadiers); Lieut. Comdr. J.E.B. Smith (Royal Navy)

Advisory Officer

Lieut D.C.J. Banfield (The Buffs)

Prosecution Witnesses

E.C. Watson(Captain)

Shimancuchi Momochiyo(Staff Officer)

Capt P.J. Green(Captain)

Nagai Kunio(Employee in Industrial Bank of Japan)

Mii Junsuko(Commander)

Seki Toshio(Unknown)

Tani Tetsuo(Commander)

Nagoshi Sabro(Translator)

Major J.T.N Cross(Major)

Defence Witnesses

Rear Admiral Sakonju Naomasa(Vice Admiral)

Mayazumi Haruo(Naval Captain)

Sugie Ichizo(Commander)

Yamamori Kamenosuke(Rear Admiral)

Noda Hiroshi(Commander)

Kawasaki Harumi(Naval Captain)

Tada Takeo(Vice Admiral)

Trial Dates

1947-09-19

1947-09-20

1947-09-22

1947-09-23

1947-09-24

1947-09-25

1947-09-26

1947-09-27

1947-09-29

1947-09-30

1947-10-01

1947-10-02

1947-10-03

1947-10-04

1947-10-06

1947-10-07

1947-10-08

1947-10-09

1947-10-11

1947-10-13

1947-10-14

1947-10-15

1947-10-16

1947-10-17

1947-10-18

1947-10-20

1947-10-21

1947-10-29

Judgement Date

1947-10-29

Judgement

D1, D2: Guilty

Petition

Petitions were submitted but were described by the Judge Advocate as disclosing “no material facts not before the court”.

The Judge Advocate pointed out there had been conflicting evidence in the case as to the exact position of the Tone after 16 March 1944, and as to whether the Admiral was personally seen by the Captain and stuck to his original orders, or whether he modified them making the actual killing the responsibility of the Captain. "The Court must have believed that the Admiral insisted on his orders being complied with and that the Captain was to blame to the extent of carrying out those orders which they both admitted to be contrary to International Law. The evidence was sufficient to support the findings."

The Judge Advocate pointed out that it was not clear if the death sentence was passed unanimously in accordance with Para.9 of the ALTSEA Regulations for the Trial of War Criminals.

Sentence Imposed

D1: Death by Hanging, executed at Stanley Prison, Hong Kong, on 21 January 1948;
D2: 7 years imprisonment.

Keywords

High Seas; Tone; Behar; Imperial Japanese Navy; Sinking of ship; Shipwrecked; Rescued; Unlawful Killing; "concerned in"; Ordered; Superior Orders; Miscommunication; War Crimes; Violations of laws and customs of war

Remarks

The Accused were represented by 2 Japanese Defence Counsel, one was a former judge of the Japanese Naval Military Court. Conflicting defences were run, as in several other cases. But here, each Accused got his own lawyer.