Shimizu Kiyoji [Kiyogi] and others
 |
DATE OF CRIMES
Between February 1944 and July 1945
|
 |
LOCATION OF CRIMES
British Borneo (present-day Malaysia)
|
|
DATE OF TRIAL
15, 16, 20, 22, 23, 24, 26, 27 and 29 July 1946
|
|
LOCATION OF TRIAL
Singapore
|
Case Summary
This trial involved eight soldiers from the Kempeitai section of the Imperial Japanese Army stationed in British Borneo (present-day Malaysia). They were accused of multiple war crimes such as ill-treatment by forcibly removing residents and unlawfully killing several residents including women and children. These incidents occured on the Mantanani and Jesselton Islands, Penampang, Telipong and Mengattal areas.
At the end of the trial, two officers and one sergeant major was senteced to death by hanging and life imprisonment respectively, despite arguing that they were acting under orders from their superiors. The remaining defendants were sentenced to varying lengths of imprimsonment except for three soldiers who were able to prove that they were not present at these locations at the material times.
The Japanese soldiers involved were responding to the 'Api Incident', where approximately 400 Chinese and natives from small islands around Jesselton rioted and killed almost 50 Japanese including women and children. In other words and in their defence, they executed their orders to restore peace and stability to the region against the backdrop of an impending Allied invasion.
DEFENDANTS
Shimizu, Kiyoji. Second Lieutenant. From Japanese military. From Japan. Guilty (First, second and fifth charge). Death by hanging. Sentence confirmed.
Furuno, Junichi. Warrant Officer. From Japanese military. From Japan. Not guilty (First charge).
Nukushina, Yoshita. Warrant Officer. From Japanese military. From Japan. Not guilty (First and second charge).
Kiuchi, Haruo. Sergeant Major. From Japanese military. From Japan. Not guilty (First and second charge).
Uchiyama, Chokichi. Sergeant Major. From Japanese military. From Japan. Guilty (First, fourth and seventh charge); not guilty (Second charge). Life imprisonment. Sentence confirmed.
Mukai, Heihachi. Sergeant. From Japanese military. From Japan. Guilty (First, second, fourth and sixth charge). Death by hanging. Sentence confirmed.
Fuma, Akira. Sergeant. From Japanese military. From Japan. Guilty (First, second and third charge). 15 years' imprisonment. Sentence confirmed.
Inaba, Keishi. Corporal. From Japanese military. From Japan. Guilty (First and fifth charge); not guilty (Second charge). 6 years' imprisonment. Sentence confirmed.
JUDGES
Le Gallais, R.L. Lieutenant Colonel. From British military. Court president. Barrister-at-Law.
Bains, N.S. Major. From British Indian Army. LLB Advocate in India.
Hasan, Teufiq. Captain. From British Indian Army.
PROSECUTION
Smith, S.J. Major. From British military.
DEFENCE LAWYERS
Ito, Hitoshi. Public Prosecutor in Korea.
DEFENCE ADVISORY OFFICERS
Bosfield, K.R. Captain. From British military.