Further my telegram 73. [1] Your telegram 34. [2]

1. You will appreciate that the idea that the General Officer
Commanding expressed in paragraph 4 of my telegram 73 was
tentative only and given prior to consultation with his advisers.

2. Since then I have seen the General Officer Commanding and his
principal political adviser, MacKereth, and both agree that the
Japanese responsible for the murders should be handed over to the
Allied authorities for trial as war criminals.

3. I saw Sjahrir last night in company with the Senior A.F.N.E.I.

Liaison Officer and he has promised to issue instructions that the
Japanese concerned shall be delivered to A.F.N.E.I.

4. After preliminary interrogations, A.F.N.E.I. propose to fly the
Japanese to Singapore for expert interrogation and trial. The only
legal authority for trying offences against members of the central
administration is in a laborious Dutch court in Batavia.

5. As some Indonesians are also implicated in the crime, and as
their extradition from the interior would place Sjahrir, who has
shown the utmost goodwill, in an impossible political situation,
and most likely involve A.F.N.E.I. in large scale military
operations, it was not considered desirable to press Sjahrir to
hand over the Indonesians. Further the handing over of the
Indonesians, who in any case appear to have played a minor part,
would almost certainly result in both the Indonesians and Japanese
being shot before interrogation. There would be no possible
grounds for trying to send the Indonesians, being Dutch subjects,
to Singapore as well as the Japanese. Sjahrir has given me his
assurance that the Indonesians will be tried and if found guilty
the fullest penalty will be exacted. He has invited an A.F.N.E.I.

representative to attend who will be able to conduct an
interrogation and unofficially attend the trial and execution.

6. The only other alternative is that the Indonesian authorities
will try, and doubtless execute, both Japanese and Indonesians in
the presence of a British Officer who can only attend
unofficially, as to attend officially would involve the British
authorities in de jure recognition of an Indonesian court. Sjahrir
has stated that he was willing to try the Japanese also if
desired.

7. A third Japanese whom Sjahrir believes to be implicated in the
crime is still at large. Sjahrir has given instructions for his
capture.

8. Documents belonging to MacDonald were handed to me yesterday
and I have passed them to Lieutenant-Colonel Smith. It is not
known whether the documents are complete. It is certain however,
that MacDonald's diary has been, tampered with and this is being
investigated most thoroughly.

9. The court of enquiry has been completed and I will advise of
findings when promulgated.

10. In the circumstances details of agreement with the Japanese
asked for by you in paragraph 2 of your telegram 34 appear
irrelevant.

11. The whole of this signal should be read in the light of the
peculiar and extremely tense relations between Dutch and
Indonesians at present. Bearing this in mind the course outlined
in paragraphs 1 to 5 above after full consultation with MacKereth
and G.O.C. appears to be the only practical one. As it is, the
Dutch might well be expected to protest against the sending of the
Japanese to Singapore and the trial of Indonesians by Indonesians.

Already they are evincing considerable interest in the matter.

12. I have informed Mr. MacKereth of the contents of this signal
and he is signalling to the Foreign Office in much the same terms.

He will also express to them his strong convictions that action as
disclosed in paragraphs 1 to 5 above is the only practical course
which would be compatible with a thorough investigation and one
which did not depend on findings of an Indonesian court however
well disposed. Sjahrir stated that he was willing for Indonesian
witnesses to be flown to Singapore, other than those implicated in
the murder.

13. Smith is signalling Headquarters A.M.F. and asking them,
(1) whether they consider the Japanese can be charged as war
criminals.

(2) if so, then is it desired that the Australian war crimes court
at Singapore should try them.

The legal points at issue are I am informed, whether the murders
can be regarded as a war crime as distinct from a post war crime
and whether the power of a war crimes court could cover the case.

A copy of Army's reply will be given to me. Smith is proceeding to
Singapore tomorrow. 14. It was through my intervention that
Japanese and Indonesians responsible have not already been tried
and executed by the Indonesian authorities.

15. Please send instructions urgently. [3]