Australian Government much appreciates your concurrence in
attachment to your Command of Judge Kirby in connection with
investigation of circumstances surrounding murder of three
Australians in Java. [1] In accordance with your suggestion,
action has been taken through Australian Representative, Batavia,
to make necessary arrangements direct with British Authorities in
Batavia.

2. Judge Kirby expects to be able to complete special enquiry
which he has been conducting in Tasmania in time to leave for
Singapore on 28th May. He would appreciate personal discussion
with you before proceeding to Batavia.

3. As you are aware Australian Government is greatly concerned to
ensure that perpetrators of crime are brought to justice and that
most appropriate procedures are adopted for their trial. We have
received a number of reports from our representative in Batavia as
to procedures which may be adopted including suggestions-
(a) that Indonesians may try both Japanese and Indonesians accused
and
(b) that Japanese may be handed over for trial by British
Authorities and that Indonesians accused will be tried by
Indonesian Court. [2]

4. For various reasons neither of these proposals seems entirely
satisfactory and we very much hope that decision as to procedure
to be adopted can be delayed until arrival of Judge Kirby and
discussed with him.

5. In the meantime Government feels it is highly desirable that
accused should be handed over to British custody. While it is
realised that this may not be easy to arrange, Government would be
grateful if you could take steps to ensure that everything
possible is done to this end.

6. We feel that unless accused are in British custody there can be
no assurance that full and impartial investigation will take
place. On the other hand, if transfer to British custody can be
arranged, slight delay pending arrival of Judge Kirby for
consultation would not be significant.

7. I am sure you will find that when Judge Kirby arrives he will
give every possible assistance. At the same time the presence of
an Australian judge on the spot who can report back to the
Government regarding procedures ultimately decided upon and
surrounding circumstances would be of special value to the
Australian Government.

8. Please pass copy to Australian Commissioner, Singapore.'