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wo 235/828: HASEGAWA SADAO (長谷川定夫) AND
MATSUDA OSAMU (松田修) 12-15 april 1946
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ACCUSED
Sgt. Maj. Hasegawa Sadeo (長谷川定夫) Sup Pte Matsuda Osamu (松田修) Imperial Japanese Army (37th Army Kempeitai) CHARGE(S) Unlawful killing of civilian VICTIM(S) Ah Kim DATE OF CRIME(S) 2 July 1945 LOCATION(S) OF CRIME(S) Papar, British Borneo (Sabah) LOCATION OF TRIAL Labuan TRIAL DATE(S) 12, 13, 15 Apr 1946 PRESIDENT Lt. Col. R.L. LeGallais, Royal Northumberland Fusiliers, Barrister-at-Law MEMBERS Maj. M.H. Day, 3 Battalion 8th Gurkha Rifles* *Emergency Commissions (Indian Army) Capt. B.J.S.B. Hartshorne, Royal Engineers, 92 Fd Coy* * Closest match found in service records - B.K.S.B. Harsthorne, service number 300781, active duty in Burma, received Mentioned in Despatches (MID) commendation, see also: https://www.thegazette.co.uk/London/issue/37730/supplement/4695 |
PROSECUTOR
N/A DEFENDING OFFICER Lt. Col. Akai Sadao (赤井定雄) WITNESS(ES) FOR DEFENCE Hasegawa Sadao Matsuda Osamu Capt. Harada Kensei WITNESS(ES) FOR PROSECUTION Alphonse Rigod Ken Chong PLEA Not Guilty VERDICT Guilty SENTENCE Hasegawa - 15 years imprisonment Matsuda - 3 years imprisonment |
The execution of AH KIM
Prior to the Japanese occupation, AH KIM was a detective in the British Police Force. On 30 June 1945, he was arrested at Kinarut village and transported 12 miles to Kempeitai HQ in Papar. On 1 July, Sgt. Maj. Hasegawa issued orders for his execution. Hasegawa and Corporal Nishida (who was not tried in this case) dug a grave in a rubber plantation about a mile from the HQ. The next day, Hasegawa, Matsuda and Nishida brought AH KIM to the site by buffalo as he was unable to walk owing to ulcers on his leg. Nishida bayonetted AH KIM and the three accused buried him afterwards.
Prosecution witness Ken Chong, a teacher, testified that on 2 July 1945, Matsuda told him, 'Ah Kim is a bad man; he likes the British Government and hates the Japanese Government; it is no use to let him live' at the Kemepitai office in Kampong Limbahau, a village 3 miles from Papar town. Ken was employed in the Kempeitai office from March to July 1945 as an interpreter and Matsuda was his 'boss'. Ken claimed that he was acquainted with Ah Kim from the 'British colonial days' when he was a schoolboy at a Chinese school in Jesselton. Ken had asked Matsuda about AH KIM because a friend had enquired after him as to why Ah Kim was arrested by the Kempeitai.
Accused testimony and defence
Accused Hasegawa Sadao, 30, was in charge of the Kempeitai detachment at Papar.
He testified that the military situation in Papar between June and July 1945 was very tense:
"The railway bridge at Papar was blown up by aerial bombardment and day and night Allied planes were constantly bombarding us. At that time I received a report saying that the Allies had landed at Labuan and patrol boats of the Allies were doing various reconnaissance work along the beaches of Papar. I received a report saying that the Allies had landed at Weston and were advancing in the direction of Papar. Owing to the military situation, there was a lot of Japanese troop movement through Papar which made the area very congested. Also it was the common knowledge of the natives of Papar that the Allies would in the very near future come into Papar. The garrison troops at Papar under Lt. Kawagowe were in battle order, prepared for battle. The Papar Kempeitai were being prepared, fully clothed and armed all through every night in anticipation of an Allied landing. This was the military situation in Papar at that time.
In late June, Hasegawa went to Jesselton and met Kempeitai chief Capt. Harada Kensei. Excerpts from his testimony:
"He said 'If you should find anyone dangerous to the security of the Japanese troops, you are to put them to death. Also there is a person named AH KIM at Kinarut; you should apprehend and execute him at Papar. Also as the Allies are about to land and if you were to fire shots you would arouse the garrison troops and the population, do it quietly with a bayonet.' At that time I told Capt. Harada that Ah Kim was suffering from ulcers in the leg and Capt. Harada answered even though he was sick, it was essential he had to be put to death owing to the fact that he had been working for the British for a long time as a detective and had a lot of men under him in a crowd that would obey his orders. It was essential he should be put to death. That is the order I received...
As AH KIM couldn't walk, they borrow a buffalo ...After placing AH KIM on the buffalo, Matsuda pulled the buffalo along and led the way while I followed with 2 spades and Cpl. Nishida carried a rifle and bayonet. We proceeded to the 3 1/2 mile spot where there was the Nissan rubber plantation. Then, when we arrived, I brought him before the hole that was already dug and told AH KIM the Kempeitai chief at Jesselton had given the order saying 'You have been working with the British Government and are a danger to the security of the Japanese troops. That is why you are to be executed.'
When I passed the order on to Nishida I asked who would do the execution and he said that as he had experience in the China Incident he would do the executing. Then he blindfolded AH KIM and bayoneted him in the region of his heart. At that time Matsuda and myself were about 3 metres away from the deed. Then Cpl. Nishida said he had finished the execution and I came, had a look at the body and saw that it was dead, and immediately the 3 of us buried AH KIM."
From accused Matsuda Osamu, aged 23 years:
"When we stopped [at Nissan rubber plantation] Nishida ordered me to bring the victim to a spot where it could not be seen by people. At that place I saw a hole freshly dug. Then AH KIM was placed beside the hole in a sitting position and was blindfolded by Nishida who bayoneted him in the region of the heart. When that was over Cpl Nishida went to SM Hasegawa and said the execution had been carried out according to orders. After that Nishida and Hasegawa together for some time examined the body to see if it was dead or not. After they said he was dead the 3 of us proceeded to bury him. Then we took some turf from nearby placed it on the grave, worshipped for a while and returned to the Kempeitai."
From Capt. Harada, witness for the defence:
"In order not to worry the natives I told Hasegawa to have him executed quietly. (By "worry" I meant the Allies were making heavy air raids over that area and fast approaching Papar.) So in case there was shot everybody would jump up as they were on the edge of their nerves. As no noise was to be made I thought the best thing to do was to bayonet him..."
Q: What kind of a man was this Ah Kim of Kinarut? You said at first he was a dangerous element; what do you mean by that?
A: From before Ah Kim was in the files of the Kempeitai, black-listed. Before the Japanese troops had come to Borneo for a long time he was an informer for the British, when the Japanese troops landed in Borneo we did not know his whereabouts. As the natives were showing bad feelings towards the Japanese, I wanted to investigate the root of this. Also in the face of the eventual Allied landing, Ah Kim was doing underground work. If I had left him alone it would have been very dangerous for the Japanese troops.
Q: Are you aware it has been agreed by civilized nations of the world that prisoners-of-war, whether military or civil, must not be ill-treated in any way and that no punishment can be given to them without trial?
A: I know that they have to be sent to court-martial.
Q: Is not the bayoneting of a prisoner a very severe sentence?
A. In order not to make a noise, I said that the best way would be to bayonet.
Q: If this Ah Kim was a menace to the Japanese cause, why was he not put under some sort of restraint, instead of being killed in this arbitrary manner?
A: About the end of March only did I hear where Ah Kim was because of the fact that spreading of propaganda amongst the natives against the Japanese troops came to my ntoice. It was only at the end of March I understood he was at Kinarut.
Q: Why did you not have him arrested then and put under some sort of surveillance?
A: Because at the end of March we were not exactly certain that he was responsible for the acts.
Q: Were you certain at the end of June?
A: That is so.
Notes
Prior to the Japanese occupation, AH KIM was a detective in the British Police Force. On 30 June 1945, he was arrested at Kinarut village and transported 12 miles to Kempeitai HQ in Papar. On 1 July, Sgt. Maj. Hasegawa issued orders for his execution. Hasegawa and Corporal Nishida (who was not tried in this case) dug a grave in a rubber plantation about a mile from the HQ. The next day, Hasegawa, Matsuda and Nishida brought AH KIM to the site by buffalo as he was unable to walk owing to ulcers on his leg. Nishida bayonetted AH KIM and the three accused buried him afterwards.
Prosecution witness Ken Chong, a teacher, testified that on 2 July 1945, Matsuda told him, 'Ah Kim is a bad man; he likes the British Government and hates the Japanese Government; it is no use to let him live' at the Kemepitai office in Kampong Limbahau, a village 3 miles from Papar town. Ken was employed in the Kempeitai office from March to July 1945 as an interpreter and Matsuda was his 'boss'. Ken claimed that he was acquainted with Ah Kim from the 'British colonial days' when he was a schoolboy at a Chinese school in Jesselton. Ken had asked Matsuda about AH KIM because a friend had enquired after him as to why Ah Kim was arrested by the Kempeitai.
Accused testimony and defence
Accused Hasegawa Sadao, 30, was in charge of the Kempeitai detachment at Papar.
He testified that the military situation in Papar between June and July 1945 was very tense:
"The railway bridge at Papar was blown up by aerial bombardment and day and night Allied planes were constantly bombarding us. At that time I received a report saying that the Allies had landed at Labuan and patrol boats of the Allies were doing various reconnaissance work along the beaches of Papar. I received a report saying that the Allies had landed at Weston and were advancing in the direction of Papar. Owing to the military situation, there was a lot of Japanese troop movement through Papar which made the area very congested. Also it was the common knowledge of the natives of Papar that the Allies would in the very near future come into Papar. The garrison troops at Papar under Lt. Kawagowe were in battle order, prepared for battle. The Papar Kempeitai were being prepared, fully clothed and armed all through every night in anticipation of an Allied landing. This was the military situation in Papar at that time.
In late June, Hasegawa went to Jesselton and met Kempeitai chief Capt. Harada Kensei. Excerpts from his testimony:
"He said 'If you should find anyone dangerous to the security of the Japanese troops, you are to put them to death. Also there is a person named AH KIM at Kinarut; you should apprehend and execute him at Papar. Also as the Allies are about to land and if you were to fire shots you would arouse the garrison troops and the population, do it quietly with a bayonet.' At that time I told Capt. Harada that Ah Kim was suffering from ulcers in the leg and Capt. Harada answered even though he was sick, it was essential he had to be put to death owing to the fact that he had been working for the British for a long time as a detective and had a lot of men under him in a crowd that would obey his orders. It was essential he should be put to death. That is the order I received...
As AH KIM couldn't walk, they borrow a buffalo ...After placing AH KIM on the buffalo, Matsuda pulled the buffalo along and led the way while I followed with 2 spades and Cpl. Nishida carried a rifle and bayonet. We proceeded to the 3 1/2 mile spot where there was the Nissan rubber plantation. Then, when we arrived, I brought him before the hole that was already dug and told AH KIM the Kempeitai chief at Jesselton had given the order saying 'You have been working with the British Government and are a danger to the security of the Japanese troops. That is why you are to be executed.'
When I passed the order on to Nishida I asked who would do the execution and he said that as he had experience in the China Incident he would do the executing. Then he blindfolded AH KIM and bayoneted him in the region of his heart. At that time Matsuda and myself were about 3 metres away from the deed. Then Cpl. Nishida said he had finished the execution and I came, had a look at the body and saw that it was dead, and immediately the 3 of us buried AH KIM."
From accused Matsuda Osamu, aged 23 years:
"When we stopped [at Nissan rubber plantation] Nishida ordered me to bring the victim to a spot where it could not be seen by people. At that place I saw a hole freshly dug. Then AH KIM was placed beside the hole in a sitting position and was blindfolded by Nishida who bayoneted him in the region of the heart. When that was over Cpl Nishida went to SM Hasegawa and said the execution had been carried out according to orders. After that Nishida and Hasegawa together for some time examined the body to see if it was dead or not. After they said he was dead the 3 of us proceeded to bury him. Then we took some turf from nearby placed it on the grave, worshipped for a while and returned to the Kempeitai."
From Capt. Harada, witness for the defence:
"In order not to worry the natives I told Hasegawa to have him executed quietly. (By "worry" I meant the Allies were making heavy air raids over that area and fast approaching Papar.) So in case there was shot everybody would jump up as they were on the edge of their nerves. As no noise was to be made I thought the best thing to do was to bayonet him..."
Q: What kind of a man was this Ah Kim of Kinarut? You said at first he was a dangerous element; what do you mean by that?
A: From before Ah Kim was in the files of the Kempeitai, black-listed. Before the Japanese troops had come to Borneo for a long time he was an informer for the British, when the Japanese troops landed in Borneo we did not know his whereabouts. As the natives were showing bad feelings towards the Japanese, I wanted to investigate the root of this. Also in the face of the eventual Allied landing, Ah Kim was doing underground work. If I had left him alone it would have been very dangerous for the Japanese troops.
Q: Are you aware it has been agreed by civilized nations of the world that prisoners-of-war, whether military or civil, must not be ill-treated in any way and that no punishment can be given to them without trial?
A: I know that they have to be sent to court-martial.
Q: Is not the bayoneting of a prisoner a very severe sentence?
A. In order not to make a noise, I said that the best way would be to bayonet.
Q: If this Ah Kim was a menace to the Japanese cause, why was he not put under some sort of restraint, instead of being killed in this arbitrary manner?
A: About the end of March only did I hear where Ah Kim was because of the fact that spreading of propaganda amongst the natives against the Japanese troops came to my ntoice. It was only at the end of March I understood he was at Kinarut.
Q: Why did you not have him arrested then and put under some sort of surveillance?
A: Because at the end of March we were not exactly certain that he was responsible for the acts.
Q: Were you certain at the end of June?
A: That is so.
Notes
- Hasegawa's accounting appears designed to deflect the actual killing of AH KIM from himself and Matsuda, though he did admit he gave the order as the senior ranking officer. Note, for example, his claim that when he supposedly asked who would do the actual bayoneting, Nishida allegedly offered himself because had experience with the "China Incident." Hasegawa appears to suggest that Nishida had motive for being vengeful. However, in what way events at the Marco Polo Bridge in 1937 had influenced Nishida volunteering to do the deed was not examined in court. Did Hasegawa and Matsuda finger Nishida because, by the time of the trial, he was already dead?
- Harada testified that AH KIM was blacklisted and found to be guilty of "spreading propaganda." As there was no trial, and no suggestions that he had been interrogated, how was this determined and what activities was AH KIM involved in? If he was a known British agent, why was he not arrested before? Why was this left until the eve of the Allied landings? Is it possible that for more than 3 years the Kempeitai could not find him? And if AH KIM was a well known agent, why were local residents surprised that he had been arrested. From other cases, it is clear that 'blacklisted' persons were deliberately eliminated when Allied incursions became imminent. Was AH KIM got rid off because he was a potential, as opposed to a confirmed, threat?
- The voice of the victim, AH KIM, is absent in the court transcripts. No questions were asked of the accused as to how did he react when he was made to sit next to the grave and then blindfolded. Did he plead for his life? Protest his innocence? Stoically accept his fate? AH KIM's last moments, from his perspective, were not examined.
- In a confidential report dated 13 May 1946 issued by DJAG (Deputy Judge Advocate General) of South East Asia Command, it was noted that:
1) the petition from the accused claimed that during "preliminary investigation the accused were induced to make full confessions on the promise that they would be repatriated at an early date" and that "these confessions were not voluntary" [Prosecution witness Alphonse Rigod, an interpreter for the War Crimes Investigation team, however was adamant that the accused had been cautioned when their statements were taken before trial (i.e. informed that their statements would be used in court and should be made voluntarily) and that the proper procedure had been followed (i.e. the statements were read back to the accused before they were made to sign their statements)]
2) Colonel Machiguchi, the commanding officer of the Kempeitai, 37 Army, in his petition, on behalf of the accused, assumed responsibility for "all acts of the MP in North Borneo" (MP = military police, i.e. Kempeitai)
3) Capt. Harada Kensei, Kempeitai chief at Jesselton, was a witness for the defence. He confirmed that he had given the order to execute AH KIM and accepted responsibility, though "it is not clear why Capt Harada was not charged." [Capt. Harada Kensei was tried in a separate case (WO235/885) in Singapore between 8-11 July 1946 for the killing of civilians in Penampang, Telipong and Menggatal (Sabah) between June and July 1945. He was sentenced to death by hanging.]
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DOCUMENTS AVAILABLE ONLINE FROM INTERNATIONAL CRIMINAL COURT (ICC)
Charge Sheet: www.legal-tools.org/doc/5c80bf/pdf/ Reference to Proceedings: www.legal-tools.org/doc/4b00d0/pdf/ Judgement: www.legal-tools.org/doc/710986/pdf/ |
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