172 Mansfield to Evatt

Cablegram 143 'TOKYO, 6 April 1946, 4.24 p.m.

SECRET

The inclusion of the Emperor as defendant is now being discussed.

There is at least a prima facie case of guilt which can be proved.

This is not contested by the Allied prosecutor. When final decision is taken, political considerations will probably prevent votes in favour of inclusion. [1] I am pressing strongly for inclusion. Keenan has addressed a personal letter to me which I have told him will be transmitted to you. The material part seems to be that he has learned from authoritative sources (which, I gather, is MacArthur) that any disturbance with the institution of the Emperor at this time would invite disorganisation, chaos and serious [2]. He invites me to join in the voting to exclude the Emperor. My attitude is that if there is a case, he should be indicted. Unless I am instructed from Australia that I should vote for exclusion, I propose to press for inclusion. The matter is likely to be determined during the coming week. Even if the prosecutors should decide to indict, MacArthur still has the right of veto. For your information Keenan is anxious that there should be no disharmony between the prosecutors when the Russians arrive and as the Russians probably desire to see the present system of Government in Japan destroyed, they will no doubt press for indictment of the Emperor.

1 The U.K. Govt had already expressed strong opposition to trying the Emperor. See Volume VIII, Document 198.

2 A sign here indicates 'word apparently omitted'.

[AA:A3195, 1946, 1.9793]