Defendant: Shibata, Teruo, civilian employee, Kawasaki POW Camp 3D
Docket No./ Date: 59/60/ Dec. 4 - 11, 1946, Yokohama, Japan
Charge: Violation of the laws and customs of war: 1. Did willfully and
unlawfully jointly mistreat a Canadian POW
Specifications: beating using among others fists, sticks and wooden rifles;
kicking him; walking on his body
Verdict: 5 years CHL
Reviewing Authority's Recommendations: For violation of a minor regulation
in the camp regulations, accused administered this beating. No permanent
injuries resulted but the PW required treatment and hospitalization for
injuries. The three accused was chastised by the camp commander and made
Reviewing Authority: Accused was in charge of supplies: when he tried
to turn in the PWs clothing at the office, he was reprimanded, told to
investigate the PW and punish him if necessary to make him comply with
regulations covering clothing mending. Accused admit to having slapped
the PW and stated that when he did, the PW flew back and his elbow went
backwards through the glass. Stated that accused Baba did as well. Accused
Yamanaka did not touch the prioners. While leading the PW out of the room,
encountered three company guards, who proceeded to beat the PW until stopped.
He was called in front of the camp commandant but was not made to apologize.
Prosecution Arguments: The accusation against the three accused is that
they, "in a concerted action, committed an aggravated assault"
upon a PW. "No conspiracy is alleged nor is such allegation necessary
to establish a joint offense. What is necessary is proof that the accused,
acting with common intent or design, did together accomplish the alleged
assault." The defense witnesses and the accused provide the more
satisfactory and complete account of the incident and the causes which
could lead to the conclusion that they are more credible. But, there are
inconsistensies such as the light slapping causing the window to break.
Even though the sole prosecution witness and all the defense states that
Yamanaka did not participate, the affidavits accuse him directly. Thjs
evidence, if credible, is sufficient for a finding of guilt.
Defense Arguments: Edward A. Doering, Reviewer, Judge Advocate Section
Judge Advocate's Recommendations: