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wo 235/821: Sugimoto Heikichi (杉本矢吉) and 2 otherS
SINGAPORE
5-7 FEBRUARY 1946
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ACCUSED
1) Sergeant Major Sugimoto Heikichi (杉本矢吉) 2) Sergeant Kobayashi Takashi (小林隆) 3) Myasaki Kazuo (Civilian interpreter) (宮崎和夫) CHARGE(S) Torture and maltreatment leading to death VICTIM(S) Tham Ying Hong (died), Tham Keng Yan (sic) (Updated 2020: Arthur Tham Ying Hong, Kenneth Tham Keng Tan) DATE OF CRIME(S) 21 Sept 1943 - 8 Nov 1943 LOCATION(S) OF CRIME(S) Singapore LOCATION OF TRIAL Singapore TRIAL DATE(S) 5-7 Feb 1946 PRESIDENT Lt. Col. S.C. Silkin, Royal Artillery, Barrister-at-law* *There are two SC Silkins in Royal Artillery regiment, one with service number 22248, a Mentioned in Despatches (MID) commendation who was involved in North West Europe theatre and D-Day; the other a Lieutenant with Temporary Captain rank from 12 Nov 1943 MEMBERS Maj. N.K. Sinha, 8th Battalion Kumoun (Kumaon)* *Most likely Nita Gopal Sinha, attached to Indian Army Regiment, with MID commendation and served in Burma & Eastern Frontier of India Capt. R.J. Topping, 6/8 Punjab* * Indian Army Regiment |
PROSECUTOR
N/A DEFENDING OFFICER N/A WITNESS(ES) FOR DEFENCE Sugimoto Heikichi Kobayashi Takashi Myasaki Kazuo WITNESS(ES) FOR PROSECUTION Tham Keng Yan, Tham Kim Guan, Mary Tan (@ Chan Yoke Cheng) PLEA Not Guilty VERDICT 1) Sergeant Major Sugimoto Heikichi (杉本矢吉) - Guilty with exceptions 2) Sergeant Kobayashi Takashi (小林隆) - Guilty with exceptions 3) Myasaki Kazuo (Civilian interpreter) (宮崎和夫) - Not Guilty SENTENCE 1) Sergeant Major Sugimoto Heikichi (杉本矢吉) - 6 years imprisonment 2) Sergeant Kobayashi Takashi (小林隆) - 3 years imprisonment |
Following Operation Jaywick, launched by the Special Operations' Executives' Z Special Unit, which sank seven ships at Singapore Harbour by disguised Allied commandos on board the fishing vessel Krait (which successfully sailed back to Australia after the attack), mass arrests were conducted on 10 October 1943 and in the following weeks. This became known as the 'Double Tenth Incident' or 'Double Tenth Massacre.' Among those arrested and interrogated were THAM YING HONG, who held the post of 'Chinese Inspector of Fisheries Department,' and his son, THAM KENG YAN. The Tham family were a prominent family, owning two homes, one at 10 Duxton Hill, the other at 65 Cantonement Road. It is likely that THAM YING HONG was targeted given his senior position in the British colonial administration, though this was not expressly referred to during the trial. It was also not established hether THAM YING HONG had indeed been involved in anti-Japanese activities or had colluded with Allied forces.
On 21 October 1943, the two Tham homes were raided and searched, and the men subjected to beatings and water torture. A wireless radio was discovered, which was an offence, and THAM YING HONG was detained. Two days later, THAM KENG YAN was arrested and incarcerated at the YMCA, which served as the Kempeitai HQ in Singapore. During his captivity, he witnessed his father being taken out of the cell for interrogations, and heard his father succumbing to his injuries. On the 6 November 1943, THAM KENG YAN was taken from his cell by several Kempei to identify his father's body and he was issued with his father's death certificate which stated the cause of death as "general debility with enteritis." THAM KENG YAN was released thereafter and told "...your father's case is over and you are free now."
Witness Mary Tan (@ Chan Yoke Cheng), 51, wife of THAM YING HONG and a registered midwife, corroborated THAM KENG YAN's testimony. She too was detained at the YMCA for interrogation but only for two days. She testified that she had been made to kneel down and kicked, and was accused of harboring Europeans in the home. She testified that she heard her husband vomiting and could see him groaning on the floor of his cell.
Witness Tham Kim Guan, 21, daughter of THAM YING HONG , corroborated details of his arrest and detention.
Colonel Arthur Jordon, a medical practitioner with nine years experience, was cross-examined to shed light on whether the ill-treatment THAM YING HONG had received could have led to his death, and also for his expert opinion on the cause of death as stated in the death certificate. The court found both men guilty but on lesser charges (guilty with exceptions). I.e. while Sugitomo and Kobayashi were found guilty of ill-treatment, there was insufficient evidence that their ill-treatment of THAM YING HONG had directly influenced his death.
On 21 October 1943, the two Tham homes were raided and searched, and the men subjected to beatings and water torture. A wireless radio was discovered, which was an offence, and THAM YING HONG was detained. Two days later, THAM KENG YAN was arrested and incarcerated at the YMCA, which served as the Kempeitai HQ in Singapore. During his captivity, he witnessed his father being taken out of the cell for interrogations, and heard his father succumbing to his injuries. On the 6 November 1943, THAM KENG YAN was taken from his cell by several Kempei to identify his father's body and he was issued with his father's death certificate which stated the cause of death as "general debility with enteritis." THAM KENG YAN was released thereafter and told "...your father's case is over and you are free now."
Witness Mary Tan (@ Chan Yoke Cheng), 51, wife of THAM YING HONG and a registered midwife, corroborated THAM KENG YAN's testimony. She too was detained at the YMCA for interrogation but only for two days. She testified that she had been made to kneel down and kicked, and was accused of harboring Europeans in the home. She testified that she heard her husband vomiting and could see him groaning on the floor of his cell.
Witness Tham Kim Guan, 21, daughter of THAM YING HONG , corroborated details of his arrest and detention.
Colonel Arthur Jordon, a medical practitioner with nine years experience, was cross-examined to shed light on whether the ill-treatment THAM YING HONG had received could have led to his death, and also for his expert opinion on the cause of death as stated in the death certificate. The court found both men guilty but on lesser charges (guilty with exceptions). I.e. while Sugitomo and Kobayashi were found guilty of ill-treatment, there was insufficient evidence that their ill-treatment of THAM YING HONG had directly influenced his death.
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DOCUMENTS AVAILABLE ONLINE FROM INTERNATIONAL CRIMINAL COURT (ICC)
Charge Sheet: www.legal-tools.org/doc/e0341a/pdf/ Trial Report: www.legal-tools.org/doc/3bb50e/pdf/ Reference - proceedings of trial: www.legal-tools.org/doc/cc44a1/pdf/ Judgement: www.legal-tools.org/doc/0fe8ec/pdf/ UPDATES
2016: Contact made with THAM YING HONG's great-grandson, Ian. April 2020: Ian sends me photos of Arthur and Kenneth, which you can view here, with his permission and many thanks. March 2023: THAM YING HONG's great-nephew, Darryl, contacts me and shares background information about the Tham family. You can see and read the updates here: Finding Arthur |
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