The murder in Java on 17th April of three Australian officers
Squadron Leader F. G. Birchall, Captain A. N. MacKenzie, [and]
Flight Lieutenant H. M. McDonald [1] has occasioned great concern
to the Australian Government. While we fully appreciate the action
taken by AFNEI to investigate the murders and to institute a Court
of Inquiry and also the co-operation afforded the Australian
Political Representative in Batavia by the Forces under your
Command, we feel that it is desirable that an Australian judge
should thoroughly investigate the circumstances surrounding the
commission of the crimes and report back to the Australian
Government. The procedures appropriate to the trial of persons
implicated in the murders may also require careful consideration.

2. Accordingly we are seeking to obtain the services of judge R.

C. Kirby of New South Wales and, if you are agreeable to attach
him to your Command, we expect to be able to arrange for him to
proceed to Java towards the end of May.

3. You will recall judge Kirby was previously attached to your
Command in connection with War Crimes investigation.