Defendant: Toma, SeisakuHakadote Area POW Camp No. 2, Ohasi, Japan
Docket No./ Date: 121/ July 14 - 17, 1947, Yokohama, Japan
Charge: Violation of the laws and customs of war: 1. Did willfully and
unlawfully mistreat POW (spec 2)
Verdict: 1 year CHL
Reviewing Authority's Recommendations: Accused beat a POW for stealing
fish; the POW was beat by the accused and other guards so severely that
he bled from his mouth, nose, ears and from cuts all over his body.
Reviewing Authority: The accused admitted to striking the mentioned prisoners
with his open hand.
Prosecution Arguments: The record fails to reveal any error which injuriously
affected the substantial rights of the accused or any failure to accord
him a fair trial in every respect. The evidence supports the findings
beyond a reasonable doubt. There is no evidence that accused was not sane
at the time the alleged acts were committed and at the time of trial.
The sentence given, however, is inadequate.
Defense Arguments: Cyril D. Hill, Lt. Col., CAC, Reviewer
Judge Advocate's Recommendations: Allan R. Browne, Lt. Col. JAGD, stated
that he felt the findings of guilty for war crimes "such as those
established in this case demands a sentence greatly in excess of"
those given. "Nevertheless, pre-trial confinement is in no way to
be considered as confinement served in expiation for offenses of which
an accused is later convicted. THerefore a reviewing authority should
consider such restraint entirely separately from that adjudged by a commission.
The blackest rogue is entitled to an early trial under the enlightened
rules of civilized nations. When trials are postponed, as this one was,
because of the great number of those awaiting justice, fair allowances
should be made for undue pre-trial confinement regardless of the inadequacy
of a sentence. THis is all the more true since commissions are instructed
that pre-trial confinement is not to be considered in adjudging sentences."