British Military Administration (Malaya) Military Courts. Charge Sheet

British Military Administration (Malaya) Military Courts. Charge Sheet

Details charges and trial of Carline Da Silva for giving assistance to Japanese secret police. Covers all 14 charges, lists witnesses and provides handwritten notes on testimony. Charges annotated with handwritten notes. Three printed pages and 25 pages written notes.

Three page typewritten document and twenty-five pages of handwritten notes

This content is available under a CC BY-NC 4.0 International license (Creative Commons Attribution-NonCommercial 4.0). It has been published ‘as is’ and may contain inaccuracies or culturally inappropriate references that do not necessarily reflect the official policy or position of the University of Lincoln or the International Bomber Command Centre. For more information, visit https://creativecommons.org/licenses/by-nc/4.0/ and https://ibccdigitalarchive.lincoln.ac.uk/omeka/legal.

MYeomanHT104405-190417-01

ENB/SEE.

BRITISH MILITARY ADMINISTRATION (MALAYA)
MILITARY COURTS
CHARGE SHEET
(RULE 9)

Place
Date

Name of accused . . . CARLILE DA SILVA

is hereby charged with the following offences:- [inserted] Case No.4 of 1946. [/inserted]

[underlined] Particular of Charge [/underlined]

[inserted] [Symbol] [/inserted][underlined] 1st Charge [underlined] [inserted][Symbol] Guilty [/inserted]

[deleted] [inserted] NG [/inserted] [/deleted]
You are charged that with intent to assist the enemy, you did act or acts which would be likely to assist the enemy, more particularly, in that on divers [sic] dates between January and December, 1943, and again on divers [sic] dates between January and August, 1944, in Penang, you gave assistance to the Japanese Secret Police to effect the arrest and imprisonment of certain British subjects then resident in Penang Island, to wit,

[inserted] 1st Wit. – [/inserted] GERALD SHARPE SCULLY, medical practioner [sic],
[inserted] 2nd Wit. – [/inserted] JACK ROZELLS, Field Security agent, [inserted][underlined] 5 years R.I. [/underlined] [/inserted]
[inserted] No. 9 – [/inserted] LIONEL CLARENCE COLUMBA FOLEY, employed with the Eastern Smelting Company Limited
[inserted] 3rd wit. – [/inserted] MICHAEL HILARY FOLEY, of the Royal Corps of Signals,
[inserted] 5th wit. – [/inserted] PETER MARVYN FOLEY, Royal Corps of Signals,
and others;

whose arrest and imprisonment were in consequence attributable to you, and that you thereby committed and offence punishable under Regulation 31 of the Defence Regulations 1939.

[underlined] ALTERNATIVE FIRST CHARGE [/underlined]

[inserted] NG [/inserted]

[inserted] [Symbol] [/inserted] You are charged that you, with intent to help the enemy, you did an act or acts designed to give assistance to the Military operations or the enemy or to endanger life, more particularly, in that on divers dates between August and December, 1943, and again on divers dates between January and August, 1944, in Penang, you treacherously informed the enemy against certain British subjects and British protected persons, who were working on behalf of the Allies, and in consequence of which the said British subjects and British protected persons were [underlined] imprisoned and tortured [/underlined] by the Japanese Secret Police, which imprisonment and tortures were directly attributable to you, and that you thereby committed an offence punishable under Sec. 3 of the War Offences Ordinance 1941.

[inserted] [Symbol] [/inserted] [underlined] 2nd Charge [/underlined] [inserted] [Symbol] Guilty [/inserted] [inserted] [underlined] 1 year. [/underlined][/inserted]

You are charged that you between November, 1943 and April, 1944, at Penang, voluntarily caused hurt to JACK ROZELLS, Field Security agent, and you thereby committed an offence punishable under Sec. 323 of the Penal Code.

[inserted] [Symbol] [/inserted] [underlined] 3rd Charge [/underlined] [inserted] [Symbol] Guilty [/inserted] [inserted] [underlined] 6 months [/underlined][/inserted]
You are charged that you [deleted] between November, 1943 and May, 1944, at Penang, [/deleted] [inserted] on or about 22nd Nov 43 [/inserted] voluntarily caused hurt to LIONEL CLARENCE COLUMBO FOLEY, employed with the Eastern Smelting Company Ltd., and you thereby committed an offence punishable under Sec. 323 of the Penal Code.

[inserted] NG [/inserted]

[underlined] 4th Charge [/underlined] [inserted] [Symbol] Guilty [/inserted]

You are charged that you between November, 1943 and February, 1944, at Penang, voluntarily caused grievous hurt to MICHAEL HILARY FOLEY, of the Royal Corps of Signals, and you thereby committed an offence punishable under Sec. 325 of the Penal Code.

[inserted] 12 charges of hurt [/inserted]

[Page Break]

-2- CHARGE SHEET [underlined] CARLILE [/underlined]

[underlined] ALTERNATIVELY [/underlined] [inserted] [Symbol] [/inserted]

[inserted] NG [/inserted]

You are charged that one HASHI MOTTO on divers dates between November 1943 and February, 1944, at the Prison and elsewhere in Penang, did commit an offence, to wit, voluntarily caused grievous hurt to one MICHAEL HILARY FOLEY, of the Royal Corps of Signals, and that you the said CARLILE DA SILVA at Penang, aforesaid abetted the commission of the said offence, which was committed in consequence of the said abetment, and that you have thereby committed an offence punishable under sections 109 and 323 of the Penal Code.

[underlined] 5th Charge [/underlined] [inserted] [Symbol] Guilty [underlined] 6 weeks [underlined][/inserted]

[inserted] [Symbol] ? [/inserted]
You are charged that you [deleted] between August, 1943 and March, 1944, at Penang [/deleted] [inserted] in or about Aug 43, on divers dates [/inserted], voluntarily caused [deleted] grievous [/deleted] hurt to PETER MERVYN FOLEY, of the Royal Corps of Signals, and you thereby [inserted] admit to [/inserted] committed an offence punishable under Sec. 32 [deleted] 5 [/deleted] [inserted] 3 [/inserted] of the Penal Code. [inserted] Sample [indecipherable word] [/inserted]

[underlined] 6th Charge [/underlined] [inserted] [Symbol] Guilty [underlined] 1 month [/underlined] [/inserted]

[inserted] [Symbol] [/inserted]

You are charged that you [deleted] between [/deleted] [inserted] on or about 14th [/inserted] August, 1943 [deleted] and March, 1944, [deleted] at Penang, voluntarily caused hurt to ALPHONSE CARRIER, dresser in the General Hospital, and you thereby committed an offence punishable under Sec. 323 of the Penal Code.

[underlined] 7th Charge [/underlined] [inserted] [Symbol] Guilty [underlined] 1 month [/underlined] [/inserted]

[inserted] [Symbol] [/inserted]

You are charged that you [deleted] between August, 1943 and March, 1944, [/deleted] [inserted] on or about 17/9/45 [/inserted] at Penang, voluntarily caused hurt to JAMES BOYLE, Clerk, and you thereby committed an offence punishable under Sec. 323 of the Penal Code.

[underlined] 8th Charge [/underlined] [inserted] [Symbol] Guilty [underlined] 1 year [/underlined] [/inserted]

[inserted] [Symbol] [/inserted] You are charged that you [deleted] between August, 1943 and March, 1944, [/deleted] [inserted] in or about Oct 45 on divers dates [/inserted] at Penang, voluntarily caused hurt to EUSTACE LA BROOY, of the Penang Harbour Board, and you thereby committed an offence punishable under Sec. 323 of the Penal Code.

[inserted] [Symbol] [/inserted] [underlined] 9th Charge [/underlined] [inserted] [Symbol] Guilty [underlined] 1 year [/underlined] [/inserted]

You are charged that you between December, 1943 and August, 1944, at Penang, voluntarily caused [deleted] grievous [/deleted] hurt to [deleted] TEO SHU PING [/deleted] [inserted] DIO SEE BENG [inserted] coffee shop assistant, and you thereby committed an offence punishable under Sec. 323 of the Penal Code. [inserted] And to Simple [indecipherable word] [/inserted]

[inserted] [Symbol] ? [/inserted] [underlined] 10th Charge [/underlined] [inserted] [Symbol] Guilty [underlined] 1 year [/underlined] [/inserted]

You are charged that you [deleted] between May, 1944 and July 1944, [/deleted] [inserted] in or about Aug 1944 [/inserted], at Penang, voluntarily caused hurt to MICHAEL GEORGE FOLEY, food inspector, and you thereby committed an offence punishable under Sec. 323 of the Penal Code.

[inserted] [Symbol] [/inserted] [underlined] 11th Charge [/underlined] [inserted] [Symbol] Guilty [underlined] 1 year [/underlined] [/inserted]

You are charged that you [deleted] between [/deleted] [inserted] on or about 12th [/inserted] December, 1943 [deleted] and June, 1944 [/deleted] at Penang, voluntarily caused hurt to TANG YOK HENG, cook, and you thereby committed an offence punishable under Sec. 323 of the Penal Code.

[underlined] 12th Charge [/underlined] [inserted] [Symbol] Guilty [underlined] 1 month [/underlined] [/inserted]

[inserted] [Symbol] [/inserted] You are charged that you [deleted] between March 1944 and July, 1944 [/deleted] [inserted] in or about 1944, on unspecified date [/inserted] at Penang, voluntarily caused hurt to YAP NGIT FOONG, unemployed, and you thereby committed an offence punishable under Sec. 323 of the Penal Code.

[inserted] [Symbol] [/inserted] [underlined] 13th Charge [/underlined] [inserted] [Symbol] Guilty [underlined] 1 year [/underlined] [/inserted]

You are charged that you between April, 1944 and August 1944, at Penang, did voluntarily caused [sic] hurt to MAT SAAT BIN MAT TOI, woodcutter, and you thereby committed an offence punishable under Sec. 323 of the PENAL CODE

[Page Break]

-3- CHARGE SHEET – [underlined] CARLILE [/underlined]

[underlined] 14th Charge [/underlined] [inserted] [Symbol] Guilty [underlined] 6 months [/underlined] [/inserted]

[inserted] [Symbol] [/inserted]

You are charged that you [deleted] between [/deleted] [inserted] in or about [/inserted] November, 1943 [deleted] and April, 1944 [/deleted] at Penang, voluntarily caused hurt to LIM BAN SIEW, clerk, and you thereby committed an offence punishable under Section 323 of the Penal Code.

The above charges are referred for trail to the Superior Court to be held at Supreme Court on the 5th day of February, 1946, at 10 o’clock in the forenoon.

By Order

Signature (Sd.) E.N. Blacklock, Major,
D.P.P.
Person preferring charge.

Copy of above serves on accused . . . 1946.

Signature
Person making service.

[inserted] President concurred with all findings of Guilty [/inserted]

[Page Break]

[underlined] Prosecution Witness [/underlined]

1. Scully
2. Rozells
3. M.H. Foley
4. La Brooy
5. P.M. Foley
6. McLean
7. MG. Foley
8. A. Carrier
9. L.C.C Foley
10. Boyle
11. Dio See Beng
12. Yap Ngit Foong
13. Mat Saad Bin Mat Tai
14.Teng Yok Beng
15. Lim Ban Siew
16. O.J. Foley
17. Insp Chin Kim Weng
18. Abdul Baki
19. Capt. Stret
20. F/L Dawson

[underlined] Defence Witnesses [/underlined]

1. da Silva
2. Joyce Phipps
3. Simon Barnabas
4. Brother Paul
5. A.P.P Rudra
6. Brother Jean
7. T.R. Scott
8. Marcel Carrier
9. F.A. Reutens
10. E.P Bathatcher
11. D.G. Sami

[Page Break]

(1.) Case No 4 of 1946
Det Sub Inspector – de S. [da Silva] RH man of Hashi Moto
[underlined] 1st witness [/underlined] [underlined] Dr. Scully [/underlined] of Penang.
[underlined] SCULLY [/underlined] [inserted] 1 [/inserted] [inserted] Major Blacklock (KOSB) prosecuting (Deputy Public Prosecutor) Mr Khou Eng Eang for accused [/inserted]

Practiced until 14/9/43, [deleted] Then “taken in “[/deleted] 4 am. that day 2 Japanese & 1 Malay came to house, wife answered the door – rushed upstairs and asked Scully if he was Dr. S. Examined upstairs of house. While search in progress, dressed. Nothing (?) found upstairs, went downstairs. Asked where radio was. S. pointed out radio. 1 Jap examined & the other carried on search of premises. Nothing found, asked S. to follow them. [deleted] At door, told S man watching back door & asked [/deleted] Taken by car to Gaol. Locked in cell. Next day, (15/M) SONG TOH from Police [deleted] Barracks [/deleted] [inserted] HQ Penang RD [/inserted] came to gaol & took S to police [deleted] Barracks [/deleted] [inserted] HQ [/inserted]. Taken to HASHI MOTO’s office. (chief Police offr) Song Toh asked home to write statement and conversation. Then DE [sic] SILVA brought in by Song Toh. Scully thinks he was a Police official. NO conversation between Hashi Motto and da Silva. da S in plain clothes. da S. asked Scully to make statement. Scully told him he did not know reason for arrest. da S told Sc. that JACK ROZELLS had [deleted] admitted [/deleted] described a radio which was in Sc fathers’ home and implied Sc knew of it. Sc admitted this. da S told so that [symbol] father refused to have radio in his home, radio was subsequently moved. Sc told da S he did not know where radio has been moved to. da S accused Sc of listening in & Sc [underlined] admitted [/underlined] listening in. No further questions but IDA the Jap I.O., in broken Malay & by signs conveyed to him that he (Sc) had been ‘disseminating’ “war news” at a certain place. Sc denied this. Hashi Moto got up, went to centre of office & shouted at him in Japanese. Interpreted [deleted] to [/deleted] that Hashi Moto had been Police Insp in Japan for over 10 years & that SC could not bluff him. H.M [Hashi Moto] still raving & slapped Sc 2ce on the face & threw Sc down on his back. Picked up and threw down again then picked up & hit 2ce on jaw, raving all the time. Sc. appealed to da Silva, who was standing against wall, who had witnessed the scene. – You are Eurasian, please testify as to the character of Eurasians.
[inserted] Language used? [/inserted]
Answer – Your conscience should direct you – then Hashi Moto. “He is the brother of ex-inspector Scully who refused to work with us” Then a talk between Japanese. Told Sc he could go back (home) but that he would want a statement from Sc about the four people talking? Came out of Police HQ with Da Silva but Ida took Sc to the gaol. On 25th and 27th [deleted] De [/deleted] November 1943. [inserted] 1st December [/inserted] interrogated by Ida. Accused not present at these interrogations which were carried out in the goal//

Next saw da S on 8/2/44, when he [deleted] took [/deleted] [inserted] meet [/inserted] Sc [deleted] in [deleted] [inserted] from gaol [/inserted] Police HQ to sign something. Asked “Do you know the house of Guan Kian? You

[Page Break]

will have to direct me to his house. You will to down with me to sign the investigation ‘papers’. Taken by da S in car to Police HQ and to da S’s office. Brought out inv. papers on Scully and asked Sc to read through & sign. Sc read through papers & found everything in a jumble. Told Sc that a few names were not in. Sc told him they had not been given to him, da S insisted they should be in, took up I.P. of another man & pointed out the name. Sc told ds. that he had not given that particular name, so name was left out. [deleted] Sc [/deleted] da S retyped whole IP & asked Sc to sign. Sc signed & was sent to Carnarvon St Police Stn [Station] – under plain clothes escort. da S remained behind.
On or about 10/2/44, da S came to Sc by night. In Carnarvon St Police Stn (Where he was detained in all from 8-14/2/44) da S took Sc out in car to direct him to Guan Kiang’s house. [deleted] SC did [/deleted] GK had helped Sc to make alterations to the radio. Sc showed him house. GK had malaria and beri-beri & was charged out & taken to Police HQ – Subsequently sent to Gen Hosp [General Hospital] for treatment. About 2 days after his arrest. Sc sent back to Carnarvon St Gaol, suffering from [deleted] cholera [/deleted] [inserted] colic [/inserted] & admitted hosp on 14/2 for treatment, when say Guan Kiang in hosp. In hosp 1 1/2 months.

On or about 4/4/44 da S came to take him from hosp & return [inserted] // [/inserted] him to Carnarvon St Police Stn. At door he said “ You are a doctor, see how you are, look at me and that car and see what comes from co-operation”. Then took Sc to C. [Carnarvon] St. Police Stn. There till 19/4/4; taken back to goal, and on 8/5/44 taken to trial. Produced before Jap OC. Charges 1. listening in & spreading allied news broadcast 2. For possessing an all-wave radio set. 7 or 8 (deleted) all tol [/deleted] altogether. Asked to plead to charges separately. Pleaded not guilty to listening in. Guilty to 2. Trial took place. Convicted & sentenced to 7 years rigorous imprisonment. Sent back to gaol to serve sentence. Accused not present at prosec [prosecution]. Guan Kian, Henry Foley, Lawrence Palmer, Frank McIntyre, Lionel Foley, Jack Rozells, Chinese called June & others. Doesn’t know charges, but they got 5 yrs R.I. Out of prison 2/9/45. While in prison, admitted to prison hosp, used by Mr RUDRA as unofficial medic. [deleted] Palmer, McIntyre & [/deleted] Henry Foley [deleted] adm [/deleted] died in hosp 15/11/44 from beri beri and colitis. Lawrence Palmer dies in gaol [inserted] hosp [/inserted] on 13/2/45 from beri beri. McIntyre died in gaol of pulmonary TB on 25/3/45. All were previously physically run down before sentenced. Malnutrition. [deleted] SC had [/deleted] Before arrest Sc. perfectly fit, during imprisonment had dysentery, [indecipherable words], jaundice, beri beri & diet deficiencies caused eyesight to dim. When released still had beri beri & 1 month after, reoccurrence of gall bladder trouble & operated on

[Page Break]

[underlined] 2. [/underlined]
[underlined] 1st witness cont’d [/underlined]
[underlined] SCULLY [/underlined]
[underlined] Cross examined by defence [/underlined]
[inserted] 1 [/inserted]

No trouble to arrest, no molestations by accused, not taken into custody for being a person of bad character in community nor because brother lnsp. Scully refused to work for Japs. He was arrested before me, 20/10/43, A.M.P. case. [deleted] only [/deleted] reason for arrest as stated – listening in, disseminating & all wave radio set. Guan Kian had altered my set so that I could pick up allied b’casts. (GK. Ready to assist?) [deleted] These thing [/deleted] Possession of such a set contrary to Jap proclamation. I permitted Henry Foley to listen to my wireless on 2 or 3 occasions. Did not know he was a friend of Jack Rozells. I know J.R. I don’t know where he was employed. I think Henry Foley worked at the Eurasians store. I have never discussed this case with anyone. I heard that S. R. was arrested before me. Palmer listened in with me to the radio. I tuned in - he was not allowed to make use of the set. I know June but I cannot state his employment at that time. The radio early on was bought to my father house, it had nothing to do with me. I was beaten after arrest & condition quite fit still. The Japs knew whom I was when I was brought before them on morning 14/11/43 when I was taking in gaol office. A Jap who had been in Penang before the war, a sideboard maker who had done work for me recognised me in gaol & he was talking to Hashi Moto & pointed in my direction, saying “Dr. Scully.” The statement of da S to H.M that I was a brother of Insp. [Inspector] Scully who has refused to work for the Japs was damaging to me. Song Toh, the Chinese det Ak Kow were in the car when da S came to get me to show Guan Kains house. Another was a well built Chinese person. I did not know the position of da S held at that time. [deleted] The accused compelled me to sign the statement. [/deleted] There was no compulsion. He allowed me to insert a portion which had been omitted. The statement I eventually signed was a true & correct statement, apart from one thing which I was told I would have to point out to the judge as a mistake. Tan Guan Kian had made the holes on my set (modification for S.W.). The accused was not present at the trial. I cannot say whether all Govt employees were given special privileges by the Japs. It was probably not uncommon that the accused & others in police were allowed cars for their work. Food has been badly prepared in prison & short in quantity – mostly rice, with sometimes vegetables.

[Page Break]

There was no questions about my father at the trial.

[underlined] Re-examined by the Prosecution. [/underlined]

[underlined] Have not discussed case with witnesses who are coming here today. [/underlined]

[underlined]2nd Witness – Jack Rozells [/underlined]

JACK ROZELLS - Of 1 Penang Rd., employee of Field Security Branch of the army [inserted] 2 [/inserted] Superior Officer Capt. Hall, Unit is 5f.S.S. called w/e Nov 41, became L/Cpl in E Coy 3rd Bn S.S.V.F. Served with volunteers until evac [evacuation] of Penang sometime in Dec 41. We were disbanded & I became shop asst in Eurasian store until my arrest on 11/11/43. Reason for arrest not known. [deleted] First saw [/deleted] Acc [accused] used to frequent Eurasian store. Came to get me from Police lock up after arrest to take me to police barracks for interview; that was 4 days after my arrest (15/11/45) Accused & Hashi Moto, Ida, & Nakamuria. Hashi Moto Chief of Jap Secret Service in Penang – Tai Cho [deleted] acc was [indecipherable word] [/deleted]. I knew acc before I was arrested, was working for Jap S.S. He told me in the Eurasian store, [deleted] [indecipherable word] [/deleted] secretly, with no witness.
Acc asked me to confess my guilt, that I had listened to the wireless or spreading? to the Penang public. I said I did not. I was lying. [deleted] when [/deleted] I had been listened to allied b’casts and telling my friends. The acc asked me to ‘come clean’ – it is hopeless to deny. We’ve got all the facts about you, I said “No” “I’ll bring your wife, your mother, your brother and sisters into gaol.” I said “Do your worst I am telling you nothing.” Then I was taken to a table where there was a lot of food & Hashimoto asked me to eat. I did not until I was persuaded by the accused. He said “Go on eat, otherwise you will be hungry; don’t be afraid, we won’t beat you up.” I ate everything that was on the table. [deleted] There was a [/deleted] I finished the meal in 15 mins. After the meal I was asked by the accused to talk. I said I didn’t know what to talk about. He said he wanted to me to talk about the radio sets I had hidden in my place, to whom I was given news, I refused to talk. I could have given him much information of Eurasians & british protected persons. Acc punched me on the face two [inserted] violent [/inserted] blows then I fell down in a sitting position, Nakamuria kicked my face, fully shoed

[Page Break]

[underlined] 3. [/underlined]

[inserted] [symbol] lunch recess 5/2 [/inseted]
This caused my [deleted]teeth [/deleted] [inserted]gums [/inserted] to bleed, which was the only injury I suffered from the kick. The accused was not present during this. After that I was taken to another room by da Silva and three Japanese. Hashimoto was one. [inserted] [symbol] [/inserted] I was made to lie [inserted] on the floor [/inserted] on my back with my shirt off (the Japs made me – Hashimoto), then acc bought a stick 3” x 5’. The acc was with another Jap, Nakamuria. Each held the stick at the ends and rolled it over my stomach. I yelled in pain as parts of the food was forced out of my mouth and nose. Despite my yells of pain this carried on for about 10 mins. Then they stopped. The acc asked me if I was ready to talk. I said “No”, then the acc said “Don’t be a fool, the British will not come back”. At this stage Hashimoto ran away, closely foll. by acc. who returned with a block of ice about 5lb in wt. Acc placed block of ice on my stomach. I yelled in pain and tried to wriggle about. The acc then kicked me in the ribs once violently, which stopped me wriggling. After this Ida, the Jap, asked the acc to take the ice away and I was sent back to my cell at the Garrison Police HQ. I coughed up blood on, my return to my cell. I could not eat any food given to me. I had violent pains in my stomach and in my chest, 6 days afterwards, I was brought back again to Police Headquarters. The acc was present with two japs, Ida and Nakamuria, the acc then asked me to sign a statement which I refused. The statement said that I told [underlined] Mr. Pentousky [/underlined] that Mickie Foley was the best man for sending messages to the allies. Then I was beaten up by Nakamuria with a stick over my back, about 6 blows in all. The stick broke. It was a little thicker than an ordinary walking stick. Then acc & Ida rained blows on me with their fists. I fell down yelling and begging for mercy. Ida threw me over his shoulder, causing me to fall on my back heavily. This was done in turns, about 15 times in all, by the other two. At this stage I decided to say yes to every [inserted] any [/inserted] question they asked. They stopped the beating then. The acc asked me “are you a British spy?” I said “yes” “Have you got many radios?” “Yes” “You have a radio set in Dr Scully’s house?” “Yes” A radio set in Henry Peterson’s house and David Jambu’s house?” “Yes” The interrogation stopped. I had hardly strength to sit and answer their questions. I was feeling giddy and very sick after the beating. I was sent back, carried by 2 men back to my cell. After this I was bought over 1ce [once] a week by acc to answer ?s. [sic] He punched me at times I failed to give him a favourable reply. This weekly affair carried on till Feb, [inserted] 1944 [/inserted] then I was left alone. Late in March, the acc brought 3 sheets of paper which was supposed to be my statement and asked me to sign. [deleted] I signed it in [/deleted] I appended my name, but with not my usual signature. After this, acc went away. About a week after this, acc bought me to the prosecutor. He then produced a paper written in Japanese. The prosecutor explained that the contents of the paper were to the effect that I was the legal owner of my brother-in-laws’

[Page Break]

radio set. I protested, but it was of no use. I was sent back. In April the same year, I was brought to court & sentenced to 5 yrs Rigorous imprisonment for listening to allied b’casts, spreading the news with intentions to [indecipherable word] the Jap army in Malaya. The interpreter asked me to plead guilty. acc was not present, I pleaded guilty. I knew it was worthless to plead otherwise than guilty. Against the Japanese I had practically no defence although I did have a defence. / Ice block was 18” x 6” x 8”. My stomach was bare. I was assisted back to my cell by two people. I could not eat food for about 10 days. I did not complain about the treatment because they could not do anything for me, no visitors, and a sentry not allowed to speak. I was a British spy. I had many radios. I had sets in the houses I mentioned I confessed these things because I found out that the others had been arrested & the Japs had found a radio set in their houses. One of the detectives whispered this to me on the way to the third interrogation on the third morning after the ice treatment.

[underlined] Cross examined by defence [/underlined]

I was on very friendly terms with acc before my arrest.
He did not warn me against spreading allied news
It is true that acc told me he was a member of Jap S.S.
Once Mr [inserted] Lim [/inserted] Swee Hin gave inf. which led to my arrest [inserted] [symbol] see 8/2/46, witness recalled and amended this [initials][/inserted]
He owned a dispensary in Aboo Sittee Lane
I do not know Lim Ooi Huat who was in the dispensary.
I was in the habit of writing allies war news on slips of paper.
Only once I took a slip of paper to Sui Hin.
I held it in my hand and he read it over my shoulder.
I did it because he asked me the news.
He gave me nothing for giving him the news
He did not give me free medicine whenever I requested [inserted] it [/inserted] /such things.
The acc was not present when I was arrested by the 3 Japs
I was interog [interrogated] by same 3 Japs. acc not there.
I refused to admit I was writing allied news on slips
The 3 Japs beat me up – acc not present.
I knew the reason for my arrest at that time
It was not my policy – then – to tell the Japs the truth
I had no food for 4 days foll. [following] my arrest.
On the 5th day I was taken to Pol [Police] Hq.

etc – confirmatory evidence on exam of Mr. Koo – Counsel for defence.

[Page Break]

4./

Japs were watching me eat.
I did not complain to acc I had no food for 4 days – acc was fully aware [inserted] summarise [/inserted]
Food was brought in while I was under interrog.
I was not given food [symbol][because] I promised to tell Japs the truth
The Japs did not tell me that if I told the truth I’d be soon released.
I decided on the 26th. Nov. 43 to make a statement.
the acc & 2 others present, (Nakamuria & Ida) I had agreed to say yes to anything
I do not know one Chong Yean
It is not true that acc gave me only four slaps & punches throughout period of det.
I did not mention a Jas. Tate in my statement
Trail not in open court, acc not present
I knew Henry Foley, now deceased
He was a co. worker at the store
I did not know he had been receiving allied war news thro [through] Doc S’s radio
I used to discuss war news with him, but was not in the habit of comparing news rec’d from several sources.

[underlined] No re-examination [/underlined]

[underlined] 3rd witness – Michael Hilary Foley [/underlined]

[underlined] M.H. FOLEY [/underlined]

[inserted] 3 [/inserted]

15, Phuah Hin Leong Rd, Penang, off Burma Rd. Employed AMDGW,[indecipherable] as a clerk, 25 yrs old. Prior to Jap occ, I was a sigman in the Royal Corps of Sigs – W/Op. Joined in Malaya - In Penang Hill evac. Then evacuated to Singapore in Dec 41. Remained in Sgpore[Singapore] till 12/3/42. Ordered on 15/2/42 to escape by OC. [deleted] I escaped to my br [/deleted] I went to my brothers house in Sqp [Singapore] to hide, discarding unif. [uniform] Then on 13/3/42 came Penang. I stayed with my brother, Insp EW. Foley. I was never employed. This lasted throughout Jap occupation. He got married, 1 occ his house alone. On 14 Nov. 1943, arrested by Japanese Secret Police. [deleted] The acc came out of [/deleted] I was arrested by C. de Silva & 3 Jap. Taken to Penang prison that morning. Kept till 1st week of Feb 44. I twice came into contact with the acc. on morn. of arrest, taken to prison by acc Hashimoto, Indian detec, Siamese det. In the prison office, acc put all question to me. “You thought you were big in the British Army” “I’ve got another one of you in” (meaning Foleys) Then he asked what happened in the army & asked me if I had a radio set & told me that if I didn’t speak the truth, he

[Page Break]

would know how to get it out of me. I denied having a radio set & the result was that I received 2 heavy slaps from Hashimoto. Then he threw me over his shoulder on to the ground. The acc was present all the time. Then Hashimoto caught lapels on collar and pulled them round my neck [inserted] while on the ground [/inserted]. I was choked. I was made to get up after a few minutes I was sent back to one of the cells.

2nd time, day during 1st week Feb 44, taken out with 5 colleagues of mine from the goal to the prison office. There the others were made to sign statements by the accused who was accomp [accompanied] by Indian detective. I was brought along to the Penang Rd barracks & there, later that day acc [deleted] made [/deleted] [inserted] asked [/asked] me [inserted/ to [/inserted] make out statemt [sic] on my own. I made it, he typed it out. I put my thumbprint on it, then I was sent back to Police lock up within Penang Rd barracks under escort of acc. Released a few days afterwards under bond that I should say nothing of what had happened. Taken up to Hashimotos office. I saw the interpreter of Hashimoto & my brother, [deleted] He told acc. [/deleted] Then released. I have scars on my person from the ill-treatment (exhibited) 2 main linear scars right shoulder. 4 days after my arrest, brought to Penang Rd Barracks by Siamese detectives. Taken up before Hashimoto. Interpreter present, another Jap & a Chinese clerk. [deleted] Hashimoto told [/deleted]. Acc not there. Scars not anything to do with acc. Beaten with double flexible electrical wire [deleted] for [/deleted] bared at ends & knotted. 2 of my uncles – Henry Foley (deceased), Lionel Foley and Teddy Lim, Dr Scully, Mr Palmer (deceased), & Mr Jambu. These were arrested with me. It was true I had no radio, and knew I was to be released in four days time [symbol] [because] I made voluntary statement.

[underlined] Cross Examined by Defence. [/underlined]

I told Japs in Sqp I was a schoolboy & they believed it
I was asked whether I was in Brit army & stated I was
The accused never assaulted me.
[deleted] Employed by overseas Chinese Company, buying [indecipherable word], a salesman [/deleted]
I was not employed by the Japanese. Employed by Overseas Chinese Assoc after release. I became a member of ?
I made my report on this case to Field Sec. Statement in law Ct.

No re-examination

[Page Break]

[underlined] 5./ [/underlined]

[underlined]4th Witness [/underlined]

[inserted] 4 [/inserted]

[underlined]EUSTACE LA BROOY [/underlined] – Claude Eustace Ambrose La Brooy – 366B Burma Rd – Foreman of Salvage works employed by Penang Harbour Board. I was unemployed during Jap occ. British Subject – 27 years. I know C. da S. I have known him for about 7 years & recognise him here. Arrested by acc 9/8/43. He was a detec in Special branch. Came with another detec., the Eurasian, Jambu. Taken to Penang Police Bks [Barracks]. He said Insp Chong wanted to see me. Remained 10 days. Saw acc. When he came to take me up from the lock up for questioning, about 3 occasion. After 10 days sent to prison. Remained 7 mths [months] before brought to court. Saw acc [deleted] 1st time [/deleted] on 3 occasions in these 7 mths. On 1st occasions, sometimes between Aug & Dec’43, possibly Oct 42, I was bought downstairs to the MPs Office, where acc was. He asked me to make statement, I made a statement, he looked at it, read it & said he didn’t believe me, & if I didn’t speak the truth, he’d get the truth out of me. I refused to admit what he wanted me to say, that is that I had made a V sign. He punched me very severely, many blows in the ribs, slapped my face with the palms of his hands. Then he caught me by the hair, twisted me round & tripped me, making me fall on my back. He kicked me on my back, in the ribs, when I was on the ground, until I got up. I could hardly breathe. One would [indecipherable word] something was gripping my chest. I felt a lot of pain in my chest. After the slaps on the face, I couldn’t hear, and my ears started ringing. That lasted practically the whole day. Prior to this, my sense of hearing was very good. I haven’t been able to hear clearly after that assault upon me.

The second occasion he hit me with a black stick. This was [deleted] after [/deleted] in few days, after the second assault. I was again called to the office. Acc was there alone, with a statement drawn up by himself, which stated that I was a spy, broadcasting news. I did not agree with the contents on reading it. He asked me to sign - I refused to do so. Then he got hold of the black stick, about 4’long & 1” thickness & hit me on the back from the back of my neck down to my buttocks, about ten times, using all his strength to do so. There were big lumps on my body & in some places the flesh was raw. This lasted 10 mins, I still refused to sign. Then he said “If you don’t sign it, I’ll call on the Inspector in charge & force me to sign it. After that I was sent back to the cell.

[Page Break]

4 or 5 days later [deleted] he was [/deleted]I was called into the office again. Acc there alone. He wanted me to sign that statement. I refused to sign it and he beat me with the same stick again, on my back. Then he used his fists. I still refused to sign the statement; then I was sent back to the cell. I could hardly breathe and couldn’t sleep on my back. I received no medical attention for my injuries. I was ill for about 4 days. No scars.

The statement was typewritten. As a result, my sense of hearing is impaired [deleted] [indecipherable word] [/deleted] & I have pains in my chest, when I exert I get pains in my heart and cough very badly.

After 7 months I was tried & sentenced to 7 years R.I. I pleaded N.G. They tried to prove I was spreading news & made a V sign. Found guilty.

Adjourned at 1635 hrs 5/2 until 1000 6/2

[underlined] Cross Examined by defence [/underlined]

Resumed at 1000 hrs. 6/2

I was called as prosec wit at premlin [preliminary] inq. [inquiry] and gave evidence from witness box.
In wit box all time while giving evidence
I could hear all ? put to me, also by presiding Judge.
[deleted] I was [/deleted] I was a little more then 10’ from presiding Judge.
Not only member of family who is deaf – mother is deaf in one ear
I went to see Insp [inserted] Chong [/inserted] on night 9 Aug’ 43
Taking part in ______ parade (?) on night 8/8/43
I saw accused [deleted] at [/deleted] [inserted] near [/inserted] head of the parade, on this side of the road.
I never went to 26 Anson Rd.
I know Eurasian girls – Joyce Phipps and [deleted] Rena Lex [/deleted] Wina Hesler.
They live at 26 Anson Rd.
I saw the acc stop to talk to the 2 girls while parade passing house.
I did not make the V sign to the 2 girls immediately after that.
Reaffirmed above
On Monday [inserted] day after parade [/inserted] & [deleted] Insp [/deleted] Jambu (Insp) came to house to tell me I was wanted by Insp Chong
On day after parade I was not at home at my house.
I was not told by my brother that they had been to my house.
Found acc & Jambu in my house waiting for me, I accompanied them only Jambu not acc. while talking to Insp Chong.
Insp Chong acc me of making V sign, which I denied.
acc was not present during interview with Insp Chong on 9/8/43.

[Page Break]

[underlined] 6. [/underlined]

I was taken to charge room by Jambu.
I Next saw acc next day, in the cell, in [inserted](Police Barracks)?[/inserted]
I received beatings from Insp. Chong with blows particularly severe in my [underlined] body [/underlined],
[inserted] Symbol [/inserted] I remember saying at prelim inq that I had been slapped by Insp Chong [deleted] [indecipherable word] [/deleted] who used the palm of his hand open on my head; ribs and ears being hit. This was correct, but I had every chance to prevent them from coming hard on my head.
The [deleted] next [/deleted] same night house raided by ______ & a few Japs.
Radio set found, volunteer uniforms, pictures of King and Queen. They did not belong to me.
My sister was not taken in then.
I saw my sister, Daphne la B, in prison
I did not admit that I spread any (allied) news.
I was brought up ready every day during the 10 days for ?ing [questioning]
There was Insp Chong, Jambu, Soh Tow (?) – no Japs, no accused during this period.
Beaten by acc on 3 occasions. No one present 1st occasion.
There was no prisoner sharing cell at that time
I know one [underlined] Ulric Magness. [/underlined] He was never at any time with me in the same cell. He was never present the three times I was beaten up. I am quite positive of that.
No one present at 2nd & 3rd occasions I was beaten up.
I did not get food from acc. while in prison.
[inserted] Symbol [/inserted] Acc. Used to smuggle food for “the others” but not for me ( [inserted]N.[/inserted] Carrier, Hesler De Silva, A Carrier.)
They recd [received] local made bread form acc. I don’t know if they recd it every day.
[deleted] I never at a [/deleted] There was no Doctor Sami inside the prison
[deleted] I never at any time [/deleted] I complained to Dr Scully (1st witness) of my condition I was not sent to hospital for treatment for my injuries.

[underlined] Re-examination [/underlined]

[deleted] Insp Chong, on 9/8/43 said that…. [/deleted]
9/8/43, [deleted] with [/deleted] interview with Insp Chong, I saw a report on myself, Chong pointed it out. One statement place on top of a file. I did not read all of it. I only saw my name on it at that time. On the first occasion I was slapped on the face by da S. I consider this caused the impairment in my hearing.

Only one of the four were put to trial – A Carrier [inserted] (see symbol above) [/inserted]
Magness must be wrong if he says he saw me assaulted at prelim inq
Suffered no pains in ears or loss of hearing after Insp Chong beating on 9/8/43.

[Page Break]

[deleted] [underlined] 7. [/underlined] [deleted]

[underlined] 5th. Witness [/underlined] [inserted] 5 [/inserted]

[underlined] PETER MERVYN FOLEY. [/underlined] of 15 Kuah Hin Leong Rd, Penang, Storekeeper in AMDEW [inserted] [indecipherable word] [/inserted] Penang
Age 28.

In Dec 41, W/op in Royal Corps Sigs. [deleted] Beginning of Jap acc [/deleted] I was in Singapore when the Jap occ Penang. Returned Penang 15/3/42. Remained till allies came. Not working during Jap occ. On 13/8/43 I was arrested by Japs Police Special Branch. Taken to Penang goal. On 16/8/43, I was taken out of cell & brought by a warder to a room near the gaol office to the accused. He then told me to watch the torture he was going to inflict on one political prisoner. I was present, acc & Seng Toh & Insp Chong. No one else. Prisoner was Mr Anton Da Silva, an Eurasian. Told him to take off his glasses. Did so. [deleted] da [/deleted] acc [deleted] carried [/deleted] [inserted] lifted [/inserted] him [deleted] over [/deleted] [inserted] on to [/inserted] his back and throw him over his shoulder on to the ground. He kicked him more than once while he was on the ground. When Anton de S got up, [deleted] Carli [/deleted] accused punched him in the face, body & acc asked Insp Chong to join in the beating. I can’t remember the words, but they were in Malay. Insp Chong beat and punched Anton de Silva. Acc then told me that if I did not admit that I was a British Solider & that I stopped people from joining the (Jakat?) army and that I told the people in Penang that the British would come back in 3 months’ time he give me worse than what Anton De Silva had. I told acc I did not know anything. He said “If you don’t write a statement now, you know what will be coming to you.” The acc’s attitude was very truculent, I did not write the statement. He then gave me a blow to the back of the head with clenched fist. I fell to the ground. I suffered pain. He then told Insp. Chong that I was the man who told Mr. Tommy Scott not to join the Jekit/army and that I went to La Brooy’s house every night to discuss news. Insp Chong gave me several blows on my face, punches [deleted] and when I [/deleted] as a result of which, I fell to the ground. Insp Chong stood on my chest. He had military boots on, it caused pain in my chest. When I got up, the acc. put a W.P.B on my head. He told me that although my brother was an Insp of Police, he would get him in. He then gave me a blow with his clenched fist, on the back of the [deleted] hea [/deleted] neck (nape) and said “That’s for the inspector”. He then made me write out my statement. He told me to take a pen & write or I would get more. I took the pen & wrote. I wrote out my statement & then he read [deleted] wha [/deleted] it. He told Insp. Chong that I wouldn’t speak & [deleted] they to [/deleted] I was sent back to my cell. I remained there for about 6 days after that. At the end of that, the acc. came with Hashimoto and Nakamuria. Acc asked me to admit that I was a British Solider. He also told me to give him the names of the Eurasian boys who were in the Army.

[Page Break]

[underlined] 7. [/underlined]

I told him I did not know, I was only a driver, and without any roles from the Japanese he came up to me and gave me a blow with clenched fist on my ear (Rt), a violent blow. It practically deafened me – ringing in ears. Acc then told me that I better tell the truth as Hashimoto had gone to Sqp & found out that I was a W/op. I still refused to admit it. Acc then told me to go back to my cell and think it over and that he was coming the next day to take my statement. I was sent back to my cell. Next day I saw the accused. I was called to the office and the acc alone was present. He told me to write my statement, which I did. He took the statement & put it in the file. He put my small fingers into the hooks of two weights. They were very heavy to me. Shaped like a bell, made of steel, about 6” high and 5 1/2 “ broad. I had my arms outstretched in front of me the wts [weights]were on my extended little fingers. This was for about 2-3 minutes. It gave me very great pain. He told me that if I got them off my fingers he would drop them on my toes. At the end of 2-3 mins he took them off. I was still alone with him. He took them off [symbol][because] I told him I couldn’t stand anymore. My fingers were bruised & the fingers swollen for 3 or 4 days. He then made out my death warrant. I read what I signed. The warrant read, I Peter Mervyn Foley, [deleted] on [/deleted] [inserted] is [/inserted] this day sentences to death for being a British Spy. He then asked me to sign it. The acc filled in the words. I signed it. I didn’t know whether I would be executed. I knew if I didn’t sign it he would continue his torture. He took out his revolver and told me that he was going to shoot me. He pointed the revolver at me. He opened it up to ensure it was loaded. He them told me that he (acc) was the terror of the Eurasians. Then he put the revolver away, and I was escorted to my cell. All this took place alone with acc. I remained in prison until 6/10/43, then taken by acc to Police HQ. [Inserted] At HQ [/inserted] He told me to admit that I was anti-Japanese. I was alone with him. I told him I was not anti Japanese. I said “All right, I am not anti-Jap” He said “you are anti-Japanese” [symbol] [because] you are in the British Army! When I refused to admit, he took a Japanese Sword which was lying in corner of room in its scabbard & hit me with it, two blows with the flat side over the shoulders. I didn’t notice he was holding it. They were heavy blows. He then told me to say that I knew that Eustace la Brooy and Jimmy Boyle were anti Japanese, and if I refused to admit that, he would call the Japanese upstairs to have my head cut off. I refused to admit, but he put it down in the statement. He then asked me to sign the statement. The paper he gave me was a blank one. I signed it, half way down the sheet. He then sent me back to my cell. I stayed there till 11/3/44. @

[Page Break]

that day I was brought to court. I was incarcerated 4 months before being brought to court. In all I was caused hurt on 15 to 20 occasions by acc. Tried on 11/3/44 sentenced to 5 yrs imprisonment. When evid. [evidence] read, found out that it was not his statements. Read by interpreter. Corrected & sentenced. Acc not present at trial. He was downstairs. He came up, shook hands & said “I’m very sorry”. I said “That’s all right” I was handcuffed to another prisoner when this happened. I have scars from [deleted]the [/deleted] assaults from acc. (Seen on outside L eyelid, over rear on R elbow, various [inserted] linear [/inserted] scars on R shin low down).

[underlined] Cross examined. [/underlined]

No trouble with police with first we [indecipherable word], nor with accused. Used to read books, fish. I did nothing special. I knew that all Eurasians had to register themselves. I know what my father wrote in the reg. form. He wrote we were employed as drivers in R. Sigs. He did not declare we were signallers. During this time my brother Insp Foley was head of special branch. Accused worked under him I told Tommy Scott [deleted] this [/deleted] [indecipherable word] [underlined] not [/underlined] to join Jekitas army, but that Govt servants were exempt. I didn’t know anything of the J. acquisition. Some of my friends were member, don’t know what duties are, never asked them.

Arrested by Insp. Chein Kim Weng, Jambu & Nakamuria Taken to Pol HQ, remained 1/2 hr, then acc tool me to the gaol. While in gaol assaulted by Insp Chong, Seng Toh, Jambu, Hashimoto, & the accused. I don’t remember saying at prelim inq that I didn’t know how many times I had been assaulted, I may have said that.

The acc tortured the political prisoners in person. I deny that acc did not inflict the torture on political prisoner, that he only showed the means. There was = demonstration of physical torture in my presence by the accused. Insp Chong was present, no one else. Insp Chong was sitting down in the chair, and was a spectator to this at the beginning. He did not take part until acc asked him to join in.

The weight incident is all truth. The accused had a revolver & threatened to shoot me. I did say at p enq that acc hit me with revolver. This is not correct. He did not hit me with revolver. I pointed out this error when my evidence was read over. The acc had a revolver. He was not a det. at the time, he was a JUNSA BUTCHU, [underlined] sergeant major [/underlined] I don’t know when he got it, but he told me he got his promotion through our case. He got his prom. [promotion] after 15/8/43.

[Page Break]

[underlined] 8. [/underlined]

The death warrant incident is also all true. At the Police Bks, it was not Insp Chong but the acc who beat me up. Hashimoto was not there. Insp Chong told me I had better admit. I never knelt down at Police Bks. I was never compelled by Insp Chong to kneel down – by Hashimoto yes, in goal [symbol] [because] I refused to admit I was a British Solider.

I was brought up for trial. Brought before prosecutors for x-examn [examination], when I was in goal. Prosecutor was OSADA. An Indian acted as interpreter during x- exam. He only asked me whether I admitted stopping people joining the Jekat army. Frank Reutens was the leader of my community at the time. I did not know he was spreading news. I don’t know whether the Eurasians regarded me as a menace to the Community. I was not warned that my movements were being watched, by anyone.


[underlined] 21st WITNESS [/underlined]

[deleted] JACK M [/deleted] [inserted] No.6. [/inserted] [inserted] 6 [/inserted]

CECIL EDWARD McLEAN of 136 Burma Road Penang. Hosier. I am at present in custody awaiting trial by the special magistrates. I know the acc I worked under him as a det. during Jap regime. I remember the arrest of M.[ inserted] ichael [/inserted] [underlined] George [/underlined] Foley, can’t remember date. Arrested for harbouring 2 Dutch soldiers in his house. I effected the arrest of M G Foley, on acc’s instructions. I was a det, he was a Sergeant Major. He was responsible to Insp Chong, who in turn was respons.[responsible] to Hashimoto & Insp Chong was Chinese, could speak v [very] little Eng, [English] mostly Malay. I was present when MG Foley was interrog [interrogated] by acc. Acc was trying to get out of M Foley that he sent a letter to get in contact with one of the Dutch Soldiers in Sumatra. M Foley said he knew nothing about it. He was beaten up by acc by an old cycle tyre with wires [deleted] [indecipherable word] [/deleted] [inserted] sticking out [/inserted]. Hit on back, about 15 blows. This went on for about 20 mins. Victim has a shirt on. [deleted] He had [/deleted] His shirt was torn after the beating, [deleted] and had blue lines on his back [/deleted] I saw the injuries which he had sustained. His back was blue, with long red lines. He was very weak & sickly after his beating. Acc, self & Dutch Soldiers, Wm Dexter were there. He was also being brought for interog. Dexter also assaulted by acc. [deleted] present when [/deleted] I am not in post. to say who told acc to beat up Foley & Solider. Acc also told me to watch over Foley family, as most of them were working in the army and might be working for the British as agents.

[underlined] Cross examined by Defence [/underlined]

Brought to Ct y’day by Insp Foley

[Page Break]

[deleted] On [/deleted] A few days ago I was asked to make a stat. I made it to Insp Foley/ I know [deleted] ab [/deleted] ABDUL BAKI. I was not the informer in his case, but it is alleged I was. I was not apptd dates for informing on Abdul Baki, [deleted] The Dutch Soldiers [/deleted] I don’t know how the Dutch came to be arrested. I did not know they came to Pg [Penang] to escape internment by Japs in Sumatra. I did not know that the Dutch gave statement to Hashimoto & accused beat up Foley, not Hashimoto. I did not receive bread from acc. to give to Dutch Soldiers. I know they became ill & were sent to hospital. I don’t know that they told Hashimoto, because they were so fed up, that they would tell everything. I do not know what the Dutch soldiers were doing in Pg. First came into contact when arrested after their escape from prison hosp. I know Capt TOOLSERAN. I did not give inf leading to his arrest by Japs, Capt T was my Co. 3rd Bn S.S.V.E., E Coy. He was never working in Jap regime. Acc one day told me to shadow Capt. T. & get contact with all his friends & report to him (acc). I in turn inf Capt. T. all these happenings, that acc was trying to arrest him. [deleted] [indecipherable word] [/deleted] I have never been in close contact with Hashimoto, although I was s detective. I know Jap officer called MURIGAMA. He was H’s successor. I have stayed with him, I was not his [deleted] [indecipherable word] [/deleted] right hand man. I was his chauffer and stayed with him [symbol] [because] he couldn’t drive a car. I am now under arrest as alleged informer for Abdul Baki. [inserted] case still under investigation. [/inserted] [deleted] I was arrested by Jap [/deleted]

[underlined]No re-examination[/underlined]

[inserted] Adjourned [/inserted] 1300hrs 6/2

Resumption 1415 hrs 6/2

[underlined] 7th WITNESS [/underlined]
[inserted] 7 [/inserted]

MICHAEL GEORGE FOLEY age 30 years 16 Hua Hong [inserted] Leong [/inserted] Rd – Food inspector of food control office. Lived in Pg during whole Jap occ. Unemployed during that time. Was arrested by Carlile de Silva on 18/5/44 acc effected arrest. 1. For harbouring 2 Dutch soldiers 2. For being a spy. Maclean on the 17/5/44 came to his house and told him to report to Police HQ next day. Names of Dutch soldiers [underlined] John Werjers [/underlined] & [underlined] WM Dexter [/underlined]. Taken to Penang Prison on 18/5/44. Kept until 25/5/44, on that day brought out by Maclean & acc, taken to Police Barracks. Acc, asked me, in his room, to confess everything. He interrogated me in presence of Maclean, Song Toh and [underlined] Cheng Swee [/underlined]. [inserted] acc [/inserted] asked me to admit everything. I asked him what ‘everything’ meant. He told me it was useless for me to hide anything. I should know that. Acc asked me whether I carried army secret letter to MEDAN (Sumatra), to Dutch Intelligence there. I did not admit that.

[Page Break]

9.

Acc. winked at the others, a sign to start beating me. They were behind me, Song Toh began hitting me, with slaps and punches all over the body and face, all round the room, asking me to admit that I was a spy. This lasted about half an hour. Then acc again asked me to admit and again Seng Toh started punishing me. The accused took a written statement from me. I wrote out the statement personally. After that, he sent me back to the central police station. [deleted] In that statement I put that I we [/deleted] The accused accepted my statement. [deleted] He asked me to write that O took a secret letter [/deleted] but I did not write what he requested me to write. I was detained in the Central Police Station until some time in August 1944, the accused sent for me. Maclean took me to the Police Barracks to the accused’s room, where the accused was alone. The accused asked me to admit that I carried a letter to Medan, saying that the 2 Dutch had already admitted that I had carried a letter there. When I did not admit, he began to hit me with an [underlined] outer tyre of a bicycle. [/underlined] I was hit on my back. I was wearing a shirt at that time. It went on for about half an hour. I cannot remember how many blows were struck: he hit me many times. I was black and blue all over my back and I had a cut from the wire of the tyre. The tyre was like a truncheon. The reinforcing wire was protruding. After the assault, he still wanted me to admit, or he would take me to Insp. Chong. I protested about my treatment & told him I was innocent. I was of course, lying. After1/2 hr he sent me back to the central police station, under the escort of Maclean. I stayed there until February 1945, when I was transferred to the Penang barracks. I next saw the acc. sometime in September 1944. He was interrogating someone else in his room in Police Barracks. He brought me there to see my brother, Wm Foley. He was forcing John Werjers to admit that he was spy. The [deleted] taken [deleted] acc told Werjers that he would beat him to death of he did not admit. [deleted] He was still on [/deleted] Maclean then took me to the Central Police Station. There was no other meeting between self & acc. [inserted] when [/inserted] I was interrogated by acc [deleted[ in the presence of [/deleted] sometime in August 1944. (above), the Dutch soldiers & Maclean were present. Dexter appealed to acc. not to hit me as I was innocent. I went to Sumatra some time in May 1942, to see my sister. At the same time, W. Dexter handed me a secret letter addressed to a Dutch intelligence agent in Medan. Dexter [deleted] was [/deleted] joined the Dutch forces on reoccupation of Penang. The other, Werjers died in prison on 2/2/45. I have a scar as a result of acc. beating me with the tyre. [underlined[ shows scar 1” x 1/8th” below R. shoulder blade. [/underlined]

[underlined] cross examined. [/underlined] I was not a member of civil police after Jap occ. of Pg. I did not round up any European soldiers & elements & take then to the Residency. Maclean, on my being told to report to Police HQ, told me that acc. had given me the order to come. He did not tell me it was on the orders of Hashimoto & Chong. The 2 Dutch were arrested about 6 months before I was taken in. They were living with me all the time before that.

[Page Break]

They did not tell me that Sumatra was too hot a place & they had come to Pg. They asked me to help them, so I let them stay with me. I found out why they came to Pg. they came [symbol] [because] they were sent by Dutch Govt to do intelligence work. I was introduced to them by a friend in Penang Road sometime in March 1942. For the 1st 6 moths they didn’t work, stayed with me at Batu Ferringgi. Later joined Blue Bird Café, as musicians, and Wembley cabaret. I don’t remember Eurasian household being given reg. forms about the same time. The accused treated me badly. I was allowed to go to the coffee shop opposite the barracks because he knew I was going to be released. Once I was interrogated by Chong, Hashimoto not there. He was never present during my interrogations. The accused was there to assist Chong in questioning me. I was told to tell the truth about the Dutch boys. It is untrue that acc only slapped me 1ce [once]. Chong was not there, nor was Song Toh. The accused used the bicycle tyre on me. Once the acc interog John Werjers when I was there. The Dutch boy died of starvation and beri-beri in prison. I agree that at prelim inq. I did not say that the acc gave the others a sign to beat me. I didn’t say that Maclean was present while acc. interrogated John Werjers. I was [deleted] not [/deleted] [inserted] never [/inserted] brought up to Hashimoto for questioning. Hashimoto never asked me for the contents of the secret letter. It was written in Dutch. My sister knows Dutch. I did not know the contents of the letter.

[underlined] Re-examined [/underlined] acc brought me to Chong to force me to confess that I knew contents of the letter.

6th Witness [inserted] 8 [/inserted]

ALPHONSE CARRIER – 326 Burma Rd, Penang. I am a dresser in the General Hospital, aged 23. I was a dresser in Dec 41 and lived in Penang. [deleted] [indecipherable word] [/deleted] I was so employed until 13/8/43 when I was arrested by Chin Kim Weng, Jambu, Namula, and a few other detectives. First met acc. just before my arrest, socially. He came over to take a statement when I was in gaol about 14/8/43. I was taken to him in the prison office. [deleted] As [/deleted] Without a word, acc slapped me on the face, then punched me in the face more than once. After hitting me, he asked me to speak the truth. I told him I could not admit. He asked me to admit that I had been speaking war news. When I wouldn’t admit, he sent me to Inspector Chong. I didn’t have further contact with acc. Face was discoloured on the right side through punches.

[underlined] Cross Examined [/underlined] I was arrested about 4 days after La Brooy. I heard that he was arrested for making V sign. Accused was not present when I was arrested. I remember saying at prelim inq that I only received 3 beatings. Acc took part in 1st only. He punched & slapped me. I missed the slapping out at the prelim inq. Acc did punch & slap me. [deleted] Chong & Son Toh [/deleted]. Incorrect that acc, at no time during incarceration, laid hands on me. I don’t remember seeing prosecutor before trial. I did say he punched me, missed slapping at prelim inq.

[underlined] Re-examined [/underlined] – Nil

[Page Break]

[underlined] 10. [/underlined]

9. [inserted] 9 [/inserted]

[underlined] LIONEL CLARENCE COLUMBA FOLEY [/underlined] of 100 Patani Road. Tin smelter, employed by Eastern Smelting Company. 10 mths unemployed after British evac. Penang. After this called to work for the Japanese. Worked for 10 mths then arrested 14/11/43. Arrested by Japanese secret police. I was taken straight for Penang goal & [deleted] kept in [/deleted] put in solitary confinement. I was so confined for 128 days. At the time of my arrest I was not aware of the reason for arrest. I do not know Carlile da Silva [inserted] as a friend [/inserted] I have seen him. [deleted] I got to [/deleted] On 22nd Nov 43, taken from solitary confinement to Police Barracks, to Hashimoto’s office. Only the interpreter Chong Yen was in the office. He phoned for da Silva to come up. acc came up unaccompanied. Identifies acc. [deleted] interpreter showed me bloodstain [/deleted] when acc arrived, told me I had 5 mins. to talk. He told me [inserted] to admit [/inserted] was listening into the radio and propagating news. He also asked me whether Peter Mervyn Foley & Michael Hilary Foley were signallers & W/ops. I told him, I only know they were working on the army as com drivers. Five minutes was up, and he hit with all his force across my face with his fist and pummelled me all over my body with blows. That went on and on for nearly 1/2 hour. I was giddy after this and had to sit down. I had pain around my jaws. He started ?ing [questioning] me again. I did not give him any information. Hashimoto came up. Acc said something to Hashimoto, speaking in Japanese. [deleted] The acc came [/deleted] H. looked at me & the acc threw me over his [deleted] bod [/deleted] shoulder. I fell on the floor on my back. Then he [inserted] acc [/inserted] started kicking me, and Hashimoto stood on my ribs. Acc caught my right arm and twisted it with two hands until I screamed with pain. I was on my side [inserted] then got up [/inserted] Hashimoto hit me on the head with a life preserver with all his might. I nearly fainted. I was allowed to sit down. Continued investigation ‘I admitting listening to allied b’casts up to the conversion of the set in Sept 42. Acc did not believe my story so I was sent back to Penang prison to come up the next day for further torture & investigation. When I returned to prison, I found I was passing blood in my urine, my jaws were swollen and I couldn’t eat for about four days. Blood was in my urine for practically a day. I still have some affliction in my jaw. I can’t chew anything hard now. Dr Scully was in the opposite cell and came over to examine me (dislocated jaw) the acc’s assault lasted for about 50 mins. Brother Henry in gaol at the time of my imprisonment & I saw him there. He was arrested at the same time and for some reason. I last saw me brother alive on 15/11/44 in the Prison Hospital. He died on that day. I was present at his bedside at death in the gaol hospital. He died of beri-beri and dysentery together.
[underlined] Cross Examined [underlined] – I know one Lin Ban Siew. It was not exactly on his inf that I was arrested. I said at the P.G. that I understood the stat.

[Page Break]

to the jap police & mentioned my name. I also know one Macintyre. He owned a shop in Dato Kuanat Rd & was selling spare parts for radio sets. I was working with him and lad to assume that the short waves were in order. My 1st inv. was in Police Bks by C da S. It was not Hashimoto who beat me up in the Pol. [Police] Bks. He threw me twice in the presence of Hashimoto, kicked me [deleted] and tried to wrench my arm. [/deleted] He kicked me & told me to get up. Later I was taken to another Jap offr. For interrog. One Thai was also there. Acc not there.

[underlined] No re-examination [/underlined]

[inserted] Court adjourned 1613 hrs 6/2 until 1030 hrs 7/2 [/inserted]

[underlined] 3rd day. Court re-opened at 1o.55 am. 7/2/46. [/underlined]

[inserted] [deleted] 10 [/deleted] [/inserted] [inserted] 10 [/inserted]

[underlined] JAMES WILLIAM BOYLE [/underlined] of 3F Logan Rd. 23 yr old. Present occ – clerk – living in Penang during whole of occ. Clerk in elec. dept. Until 13/8/43, then arrested. I did not know the reason of my arrest, but when inv. started, I knew why. Insp. Chin Kim Weng, Jambu & a few other detecs. came to my house. Immea. [Immediately] taken to Pg. gaol. I know acc. by sight & by name – Carlile da Silva. Identifies acc. Saw acc. on 16/8/43 in one of rooms in gaol. Acc, Song Toh, [deleted] Chong [/deleted], Chin Kin Weng, Jambu and many others. Acc asked me to admit that I was solely respons [responsible] for spreading allied war news among my friends. I told him I was not respons. He insisted that I was solely respons & wanted to know where I got the news from. He wanted me to say that I was the leader of the boys. I did not admit. Acc took me to the detective Branch, Pg Rd. [deleted] f [/deleted] On arrival there & was kept for 3 weeks and 6 day. I was interrogated on one occasion, by acc, upstairs on the second floor. Song Toh was present he asked me to admit that I was anti-Japanese. I did not admit. He brought me back to the gaol, I remained there until 2/9/45. On 17/9/43, he interrogated me in gaol, Jumbu, Alphonse Carrier, & Eustace La Brooy. Acc said I was anti-Japanese, which I denied. He then asked me to admit that I was wholly respons. for discussing news among friends. Denied. Acc slapped me, three blows across the face. Before he struck me he said [underlined] he had to do his duty to the Japanese Police. [/underlined] Having slapped me, he sent us (?) back to our cells in the gaol. There was no effect on me. At fourth interog, taken down alone to an office in gaol, the same office. I saw acc, [deleted] al [/deleted] Insp. Chong, and Jambu. Acc said “ You are definitely anti–Japanese.” I replied saying I was not anti-Japanese. The acc [deleted] asked [/deleted] [inserted] spoke to [/inserted] Chong in Malay [deleted] to assault me [/deleted] Chong hit me on the abdomen, face, chest, and head with a steel rod about 3 feet long and an inch in diameter. Blows struck with utmost violence. I was sent sprawling on the floor and almost fainted. I was dazed. acc. present throughout. I

[Page Break]

[underlined] 11. [/underlined]

limped back to my cell. After [inserted] acc’s [/inserted] Chong kicked me in the face with his boots. Insp. Chong had boots on. I started bleeding from my nose. He kicked me in the back & I had severe pain in my back. Three days after this, when I was put back in my cell, I started urinating blood. That lasted for a year and six months. I was sentenced by Japs to 5 years rigorous imprisonment.

[underlined] Cross Examined [/underlined] I just knew acc by sight on arrest. I broadcast for the japs after occ. Acc not present at my arrest. My house was thoroughly searched at arrest & a radio belong to me was found. Radio taken to det. branch offices. In prison I met A. Carrier [deleted] Mervyn [/deleted] [inserted] Michael [/inserted] Foley. G Coombs, U Magness, Hannigan (?), A. de. Silva, L. Hesler. I told war news only to A. Carrier and E. La Brooy, G Coombs and U. Magness. I did not receive any food from the accused while in gaol. No one smuggles anything to me. I was kept in sol- con. [solitary confinement] and knew nothing about smuggling. At Pol. Bks. I was allowed food from my own home, at interrog. [deleted] [indecipherable word] [/deleted] I do not agree that acc. was instrumental in bringing food or allowing food to be brought. I don’t think I mentioned at P enq. I did not mention that acc. wanted me to admit that I was anti-jap. I later knew reason for arrest. I comm. war news to La B. There were us jap offrs. present at 2nd interrog., on the other three occ. none. La B & Carrier were being interrog at my 3rd interrog. Acc. definitely laid his hands on me on 3rd occasion. He gave a few claps on face, that was all on one occas. A Carrier & E. La Brooy were there. Song Toh slapped me too. I was not brought before proc before trial. Trial in private chambers. AGATA was there, [indecipherable word][inserted] Koo [/inserted], Soong Chi, that’s all. Agata just read the sentence out, we were given no chance whatsoever, to speak. acc not there. I [inserted] was [/inserted] in Sgp when japs invaded Malaya. Not in Pg. when Pg occ. By Japs cannot say date of Jap. occ. Pg.

[underlined] no re-examination [/underlined]

[inserted] 11 [/inserted]

[underlined] DIO SEE BENG. [/underlined] Speaking in Hailam – lives at 40 Service Rd., Penang., I am a cook, 28 yrs I was in Pg from beginning to end of Jap occ. I was a coffee shop assist with Chop Laim Seng in Pg. Rd. I was arrested by da S, Song Toh, and Chiang Swee, on 9/12/43 at 3.30pm. I was taken to Pg Rd Pol Bks. First to Insp Chong’s office (on same day). I was [underlined] assaulted [/underlined] by 6 or 7 people inc. da S., Song Toh, Chiang Swee. Acc struck me with baton on my ribs while my hands were being held out sideways by two men, more than ten blows struck. Baton about 3’ long, 11 /2 thick, made of black wood. I was assaulted altogether on 9 occasions, 3 occasions by a Jap, Hashimoto, 6 occasions by Chiang Swee, acc., Song Toh, Insp. Chong, and 2 other detective whom I knew by sight. Present on every 6 of the occasions – I have desc. [described] 1st Occ.

[underlined] 2nd occasion. [/underlined] 11/12/43. In Insp. Chong’s room – Detecs were present, Insp. Chong, Song Toh, Chaing Swee, & acc. my hands were tied behind my back by Swee & acc. These people then stood around me & “fisted” me. Also acc. Lasted over an hour. Could not

[Page Break]

withstand punishment, appealed to them for help. Then da S. & Swee said they could not help me a it was a rule of Japanese regime. After this assault I was sent to Carnarvon St. Pol. Stn. Acc asked me to admit, while I was in van, asked me to admit I took part in contacting allied Air Force to bomb Pg & also in planning to poison Jap high officials. I denied knowledge of these things. I and my friends used to assemble in a house at 48 Heitton Lane, a front room upstairs. That room was raided 2ce [twice] nothing was found and I was arrested at my house. It was [symbol] [because] of this assembling that I was arrested. In this room I had been making anti – jap, pro-Brit plans

3rd occasion 15/12/43. Chiang Swee came to Cvn St Pol Stn & took me to Insp. Chong’s office. Swee, acc, Song Toh & Chong present. Insp. Chong [deleted] asked [/deleted] [inserted] told [inserted] me that I and other were anti jap & planning for death of Japs & that if I adm. this was so. I would be released. I did not admit, & Chong ordered other people to assault me. He said, pointing at me, “this is a bad man, he should not be allowed to live; beat him to death.” Swee & acc & Song Toh carried me & threw me on the ground face downwards. I became dazed & knew nothing for about half an hour, then was given a glass of water by Chiang Swee. I felt pain over my body, could not see, taken to det. Stn lock up, where I remained 2 nights. When I came to, da S was still in room. Before I became dazed I remember Insp Chong telling me I was so foolish for not wanting to admit. “You will be beaten to death if you do not admit”. I was thrown to the ground 5 or 6 times. I was kicked by these people, acc. incl. acc helped to thrown me each time. It was a cement floor. Thrown from about 3 1/2 feet. I was lifted from above this ht. [height] then thrown. I was thrown face d’wards about 4 times, then Chong stood on my back. Da S. asked me to admit, while Chong was standing on my back & told me If I didn’t admit I’d be beaten to death. For two days I could not sleep & could not eat. I felt pain all over my body. Discolouration on chest, ribs and small of back. No marks now. I did not rec. treatment after this assault.

[underlined] 4th Occasion [/underlined] 3 days after 1st occ. Song Toh came to take me out from det. Stn. lock up. I was taken to Chongs office. Chong, acc, Chiang Swee there, also Song Toh. Song Toh said I was so foolish, I had been beaten so severely & wouldn’t admit. If I admitted I would be released, he said. I told him I know nothing & appealed to all of them to help me. Then Song Toh raised his fist & [deleted] struck [undecipherable word] [/deleted] & struck me on my chest, a violent blow. Then the others joined assault. He also assaulted me, he punched me on my right ear with his fist, and blood came out. This went on for about an hour, intermittently. I am sure the acc took part with others, minor part. After this I was taken back to lock up. I felt pain all over my body. I asked Chong to send me to the [deleted] undecipherable word [/deleted] [inserted] hospital [/inserted], but he refused. I wanted to go for treatment for pain in body.

[Page Break]

[underlined] 12. [/underlined]

[underlined] 5th Occasion [/underlined] 5 days later. Chiang Swee & acc burned me, pointing to inner left forearm. Paper was twisted in “sticks”, dipped in oil, lighted, put against me arm, the lighted ends and on my knee. 3 or 4 lighted sticks were used. Acc had 1. Chaing Swee had the other – acc burned me on the arm. [deleted] [indecipherable words] [/deleted] It caused me pain. I called out for help (? to Gods?) pear shaped scar inner R. arm ovoid [inserted] protruding [/inserted] scar L. kneecap, small ovoid R. kneecap shown. (Forearm Scar discolouration of skin, a mottled brown colour)

[underlined] 6th occasion [/underlined] – beaten with rattan by acc & Chaing Swee. Acc & C.S. each held a rattan; I was standing between the two. Each had a rattan. I appealed to CS. I was struck on L upper arm & all over my body. Both of them hit me simultaneously, each had a rattan about 41 x 3/4 “ thick (thickness of thumb) Chong was not present. Lasted about 1/2 hour. Acc asked me, during this time, to admit. I could not withstand this beating & I admitted. There was pain all over my body. Marks now visible on R. upper arm, outer aspect. Other marks now faded. Indicates 1 linear scar 1 1/2“ in length. I broke down and admitted. Chong typed out a docmt.[ document] & asked me to sign. Chong read out & Song Toh interpreted contents to me. I then signed it. After being detained for 7 mths, I was taken to Ct. In det, felt pain in body in [undecipherable word] Kromat Rd & (?) [inserted] wife [/inserted] brought medicine to me. I asked Chong to send me doctor but he refused. I attribute the pain to the assault on me all 6 occasions. I felt pain in chest, could hardly breath freely, at first I had headaches, pain in general all over body. Persisted for over 2 months.

There were never, on any one of these occns, any fellow culprits present. I was put in sol. conft in a cell. On one occn, Foo Chee Suan was assaulted in my presence, also another man assaulted, him Beng [deleted] Chi [/deleted] Fooi.

Even to this day, there is always pus in [deleted] his [/deleted] [inserted] my [/inserted] R ear. Chong Swee & de Silva beat me on this ear, with fists. I was taken to this present bldg. at the end of inprismt & was charged before 3 Jap Offs, for being anti-jap. Planning to poison & sentenced to 10 years rigorous imprisonment. Acc was not present the. [deleted] Statmt. I had to sign was [/deleted] Jap judge read from doc., interpreted to me [deleted] Told [undecipherable words] [/deleted] My statement (note- one taken under duress) was read out. I told Ct it was untrue, they said it was a true statement. I did not pleased guilty

[underlined] Cross Examined by Defence [/underlined]

Court adjourned until 2.15pm 7/2
Court re-opened 14.22hrs 7/2

Witness on former oath.

I came to know acc. after my arrest. I speak a little Malay. I don’t understand English. The acc spoke to me in Malay during beatings-up. Words (interpreted by Malay int in Ct) –“ We went asst the Japanese we were arrested by Japanese, we will beat you to death. In the hands of the Japs you cannot be hurt, you are sure to be beaten to death,, No I cannot help, wait until the British come, then you can be helped” Acc laid hands on me at that time; the other were present also laid hands on me. Acc. spoke to me.

[Page Break]

in Malay. He addressed me on a second occasion “Now you want to administer poison & kill the soldiers & Japanese Officers. [deleted] You [/deleted] Now you don’t believe me – (?) in the hands of Japanese you cannot be released.” This is true. (Raised hand inct.) Hashimoto was not present on the 6 occasions. I can’t recollect very well when I was burned, I don’t know whether it was the 4th or 5th occn. That incident did take place. Before I was arrested I had no scars. At arrest I was wearing a shirt and a pr [pair] of trousers, a short sleeves shirt. I did not get the scar on my arm while being beaten by people other than da Silva. I know AH/YAP. Q. Would you be surprised to hear Ah Yap say you had this scar before your arrest A. It would surprise me. Q. If he were to say such a thing, what would you say to it. A. He would be telling a lie. I met Ah Yap only once, and have never had a friendly relationship with him [deleted] [undecipherable words] [/deleted] I had no trouble with Ah Yap before my arrest. He had something to do with my arrest. He and? Ah hip gave inf leading to my arrest. On all 6 occ tool part in the assault. It is untrue that he only slapped me once. He did hit me on these occasions. I did mention the names of Song Toh, Chong & Swee in the lowest as being partially response for [deleted] beatings [/deleted] [inserted] deaths [/inserted] of my five friends besides acc. In connec with cause of deaths of [inserted] the [/inserted] 5 people I did not mention their names; I was not asked.

[underlined] Re- examined [/underlined] – It is correct to say I only met Ah Yap 1ce. [deleted] it was a long time [/deleted] It was about a month or two before my arrest, at the market, in the daytime, about 12 o’clock. I was buying vegetables. I was wearing a white shirt & a pair of long trousers. Wearing short sleeves. That was the only time I saw Ah Yap. Next time was on the 9th Dec 43 at the Chourasta Mkt, when this Ah Yap was together with several people incl Ah hip. He nodded at me, but didn’t speak to me. nev stay with me again. I never saw him again.

[inserted] 12 [/inserted]

[underlined] YAP [deleted] NGIT [/deleted] [inserted] NYIG [/inserted] FOONG. [inserted] Hakka dialect [/inserted] 294 [deleted Lower [/deleted] [inserted] Tulla [/inserted] Bahang, Penang. At present unemployed. I was in Pg during Jap occupn. I was arrested by Japanese sometime in 1944, I don’t remember month or day. 4 persons arrested me. Acc was one of 4 (points) the others were Chinese whose names I don’t know. I know acc, he was a detect in Jap Police. He came to my house in plain clothes; [deleted] he was [/deleted] I did not notice whether he was armed but the other 3 dets were armed. The accused was the leader of the party. I didn’t know acc before my arrest. [deleted] Lilw [/deleted] [inserted] Liew [/inserted] Piong did the talking. I just recollected his name now, in Ct. Liew Piong acc me of feeding European soliders. Acc. asked me questions when I was taken to the police station. I don’t remember the date of that. I was detained at Carnarvon St. Pol stn for 2 weeks then taken to Police Bks. A Chinese questioned me. acc. was there, and assaulted me. Those who arrested me were present. Acc. hit me with 3 rattans tied together, about 2 1/2 ft long & 1” thick, hit me 4 or 5 times on my back, nowhere else. The effect was that I coughed blood after I had been released from gaol. I was released 5 or 6 months after beating. I don’t know whether there were any marks on my body. Beating took up to 5 minutes.

[Page Break]

[underlined] 13. [/underlined]

I was not brought to court at all. I fed British Soldiers about 12 and I harboured them, I fed them for 5 or 6 days. As soon as they finished their meals they went up the hills. It was about 10 days after 10 days after Jap occupn of Penang.

Cross examined – I did not know Liew Piong before I was arrested. He gave inf. leading to my arrest & that of others. I can understand a little Malay, I don’t understand English. I understand & speak a little Malay. Acc. did lay hands on my & assault me. If he had not assaulted me I would not have acc. him. I have not accused the other detecs who had not laid hands on me. The others 3 who arrested me did not assault me.

No re-examination.

[inserted] 13 [/inserted]

[underlined] MAT SAAD BIN MAT TOI [/underlined] – (in Malay) - Woodcutter, no 88. Telok Bahang. I am about 34. I was in Pg throughout Jap occ. I was in the prison during that time. I was put in either 3rd March or 2nd April 1944, for feeding British soldiers. I was sentenced to 5 yrs -?-. I was feeding British soldiers, two white men & 1 Indian; they were in short trousers, I cannot say that they were definitely soldiers. [deleted] They fed at my house [/deleted] I gave money to my friend who gave them food. I saw them once only. Someone laid hands on me before my sentence – da Silva. It was while I was in Detective Stn. Tan Cheng Swee was there, [deleted] no one else [/deleted] Lim Chap Sing, also. Ah Chong was in charge of proceedings.

My hands were tied with rope by acc. My feet were” slightly on the ground”. The rope was tied to the top of the door. My feet were touching with my toes. I could not have lowered my heels to the floor. Acc. started to assault me by knocking my stomach with his knee. He also struck me with a feather duster on my back and buttock. He (acc) was standing on the floor. The handle of the feather duster was used. The handle was the thickness of my thumb. Duster was about 3’ overall. On rope for about 30 mins. acc untied rope, when he had assaulted me & ?d me. I felt pain from the assault. I told acc. I was in pain. I yelled out “ Tuay please do not beat me, it’s painful.” Afterwards their [sic] were bruises on my buttocks so that I was unable to sit down for two days, in comfort. I had to sit on one side. There are visible signs on my [deleted] undecipherable word [/deleted] [inserted] wrists [/inserted] of the effect of the rope tied thereon. Shows 2 scars R.wrist, one 2” up inner forearm, other at junction of wrist, and scar at base of R. Thumb.

[underlined] Cross examined [underlined]

When I had my hands tied, Tan Cheng [deleted] Sw [/deleted] [inserted]Swee [/Swee] struck me with a ruler on my head. He lifted up my body & threw me on the floor. That was all he did to me – Lim Kiat Sing struck me with his fist when I was in the police stn. Chong did not do anything to me. I do not know if Chong told de Silva to tie my hands: I merely know it was de Silva who did it. The accused did not only strike me once or twice, that is not true Yes, I did say that I saw no-one else

[Page Break]

[deleted] strike [/deleted] struck by acc at prelim enq.

[underlined] Re-examined [/underlined] – (Omitted ? by Prosec ) – was the accused present at the time of your arrest? Yes he was one of those who arrested me.

[inserted] 14 [/inserted]

[underlined] TENG YOK HENE [/underlined] (Hailan) of 1 Sepoy Lines. I am 22 yrs old. I am a cook. I was working in the Jap Governors hse [house] as a cook during Jap occn., in the Residency. I worked there as a cook for about a month. Then I was arrested by Nakamuria & a Chinese detective, at the Residency while I was in kitchen. They alleged that I & 1 other were planning to poison the Jap officials and to get the Allied Air Force to bomb Pg. I had not planned to poison the Jap officials. I did not take part in any poisoning discussions. 6 others were arrested on the same day for the same reason. A little [deleted] later [/deleted] before, 7 others has been arrested in the same connection. 14 altogether. I was detained in prison about 7 months. I see the accused, I know him; [deleted] he [undecipherable word] [/deleted] but not his name. I was arrested on 11/12/43 and on foll day, acc & Chong assaulted me from 10am – 5pm, intermittently. First of all I was assaulted in the [deleted] prison, then at the Detective station then e [/deleted] detection station. The acc, Chong & another Chinese det assaulted me. He [inserted] acc [/inserted] lifted me up & threw me over his shoulder on to the floor on my back. The he handcuffed me [sic] hands behind my back & suspended me by a rope from a big nail which was on top of the door. I was not touching the ground, but about 3 feet off the floor. I was laying down when I was handcuffed, struggling, lying on my face. They caught my hands when they were in front of me & handcuffs were placed on my hands when hands were behind my back. It was then that the rope was connected & I was suspended. I felt pain all over my body when I was hanging. The acc. hit me with his fist on, my chest and ribs & I was dazed & don’t know how many times. – I appealed to him for help. I was hanging for about 15 mins. Of the 13 others, I saw 3 of them with blood on their clothing, on the front. I was not taken to court, but taken to procurators house in this building. I was released & taken back to work in Governors kitchen. [deleted] 6 other realised same day [/deleted], I reported the ill treatment when I returned to employment to the Governor.

[underlined Cross – examined [/underlined] – [deleted] I was [/deleted] I was also arrested for being in possn of pistols and rifles in the house. I was also brought up on that charge. I know one [deleted] La manoo(?) [deleted] [inserted] LAH MAN OOH [/ inserted] he was arrested on the next day to me. [deleted] He [/deleted] I was never in the same cell as this man. The acc. assaulted me – I knew him. I did not tell about these assaults in lower court because I was never asked. I did mention that I received [deleted] [indecipherable word] [/deleted] [inserted] more [/inserted] severe punishment then [underlined] Dio See Beng [/underlined]

[Underlined] No Re-examination. [/underlined]

[Page Break]

[Underlined] 14. [/underlined]

[inserted] 15 [/inserted]

[underlined] LIM BAN SIEW [underlined] – [deleted] off [/deleted] of 77A North Beach. Working as clerk in Penang throughout Jap Occ, but unemployed. One day during occ. on 11/11/43, I was arrested. It was alleged that I had a xmitter & that I sent massages to allies, that I tuned in to allies b’casts, and that I had spread war rumours. It was an offence then to have a rec’ing set, only to have a xmitter. I had no xmitter, I did not listen in. I used to talk to my friends – talk in favour of the Brit. Hashimoto, Ida, One Taiwanese named Chin & Chinese detective. I was taken to the Police Bks, Pg Rd & asked ? by Hashimoto, in the presence of Song Toh & the acc. During the ?ing, Song Toh, Hashimoto & acc. all laid hands on me.

After my statement, [deleted] Soh [/deleted] all 3 said they didn’t believe me, so H. started to slap me & Song Toh gave me 2 blows on my chest with his clenched fist. acc. caught hold of my shirt [deleted] H [/deleted] on the chest & threw me over his shoulder on to my back. H. walked out of the office. acc. took revolver pointed it at me & said that if I didn’t tell the truth he would shoot me dead. Acc & Song Toh were both in the room. I couldn’t tell whether the pistol was loaded. I was afraid that the gun my go off. acc slapped me 3 or 4 times on both cheeks. I had pain in the back, which I feel even now in my kidneys I think it is the cause of the acc. throwing me. I was brought before the chief pros released & warned to be on good behaviour for a year. I was incarcerated altogether for 51/2 months.

[underlined] Cross Examined [/underlined] I did not give inf. against one Lionel Clarence Columbus Foley. I was not accused by Ida of owning radio spares. I did not own a shop or these parts. McIntyre did. He is dead. He was lodging with us. I had no business dealings with him. I did not own a shop in Data H. rd with McIntyre, nor did I sell spares. I did not permit LCC Foley to dissem. allied news. I have seen [deleted] him [/deleted] Hui Huat once. Later I found out he was working for Ida. He did not invite me & F. McI to many dinners; not true. He never took me to (?) Waverly Cabaret -// The acc had a revolver with him. He was not a common det., he was a JUNSA BUTCHO – [inserted] one word, a sup inspector. I was ? 10 days after my arrest. I can’t say at all whether or not revolver was loaded.

[underlined] No – re-examination [/underlined]

[inserted] Court adjourned 16 [deleted] 35 [/deleted] [inserted] 40 [/inserted] hrs until 1000 hrs 8/2 [/inserted]
[underlined] President Questions Witness [/underlined]
I was resid in Pg when J. Occ. Island
I was resid in B. troops evac island.
I cannot recall date of B. evac; J. occ was, I believe some time in December 1941.

Court re-opened 1000 hrs 8/2

[Page Break]

1015 hrs 8/2/46

[underlined] 2nd witness – JACK ROZELLS, recalled on former affirmation. [/underlined]

I wish to correct evidence given in my exanimation – in – chief. To wit that Mr Lim Swee Hin informed against me. He did not do so. I am not entitles to blame him. My statement on oath was otherwise correct.

[underlined] cross- examined [/underlined] – [deleted] he [/deleted] It is incorrect to say I handed Lim Swee Hin a slip of paper. There was no paper handed to anyone. I also made the incorrect stat. at prelim enq.

[underlined] Re-examined [/underlined] – Explanation I have to offer slipped my mind. I made mistake 1ce [symbol] [because] my memory failed me.

[inserted] [deleted] 15 [/deleted] [/inserted] [inserted] 16 [/inserted]

[underlined ] OSWALD JAMES FOLEY [underlined] – chief installation insp, Electric Supply Dept., Pg of 16, Hwa Hinn Leong Rd, Penang. [Defence not supplied with copy of statement, wishes to defer x-examination]
[Court grant application to defer x-exam.]

I know C da S: I first met him after fall of Pg. Some time in Dec 41. I have a friend called Tom Scott. [deleted] with whom [/deleted] I met acc. again in Nov. 43. I was walking with Tom Scott alongside Pol. Bks. (1st week of Nov. 43. ) It was about 10.30 am., in [deleted] Penang Rd. [/deleted] Deacon St. The acc, came out by side entrance of Bks. He spoke to Scott. I heard him say “Oh! The Foleys they think they are some ‘big-shots’” He tapped a file he was carrying and said “I have got them just where I want them, and I’ll pull in the bastards one by one.” [deleted] he [/deleted] I was about 2-3 yds. away. I made no reply. We had been introduced a few months before. It appeared to me that he knew I was listening. I thought the remark was made for my benefit. He was in civ. [civilian] clothes, I couldn’t say he was armed. [deleted] I [/deleted] I don’t know what his rank was.

[inserted] [deleted] 16 [/deleted] [/inserted] [inserted] 17 [/inserted]

[underlined] Cross examination deferred until [deleted] tomorrow [/deleted] 2.15pm today. [/underlined]

[underlined] CHIN KIM WENG [/underlined] – Insp. of police, stood at Police HQ, Penang. I have been with Straits Settlement Police [deleted] a clerk and interpreter [/deleted] force since Oct. 1931. Prior to that, clerk & interpreter in the force since April 1918. Pg. was evac by Brit. Troops, as far as I can remember on 17/12/49. I was in Pg as Insp of Police in Dec’41. When Japs arrived, I was hiding in hills [inserted[ Tanjong Bunga [/inserted] I hid until 1st May 1942 – Then I joined the police the Japanese police. I tried to get employment in other department, (Govt) but was not successful. I decided to join the Police, Ban Swee Lin threatened me that I would be arrested. I joined police & was posted to Police Insp to Butterworth. I was one month in B’w’h [Butterworth]– after that transferred [inserted] 1/6/42 [/inserted] to Pg. On 16/7/42 I was called to Chief of Police, YAMAOTO, who asked me record the aliens in Pg. That lasted about a week. On 23/7/42 I was asked to take over duties of issuing travel passes. I did so. Stayed on that til Sept 43. Then transferred to Informt. Dept. My duties were to collect inf. from Insp i/c Divns. There until April 1944. Then I left the Police & joined

[Page Break]

[underlined] 15 [/underlined]

Commerce & Industry. Police dismissed me [symbol] [because] I was not a very competent Pol. Off. I am now 46. Retiring age 45. I had not reached retirement age when dismissed.

I know C. da S. I see him now. I met him when I was with Jap Police. He was in a team of Pol off under inspector Chong, as a detective in Special Branch. He took on this occ, joined as det. after I joined pol. He progressed v. favourably. When I was dismissed he was a Sergeant Major, corresp to a S.M. in S.S. Police. (He was JUNSABUTCHO) I was on staff of Pol when acc promoted to S.M. Also in his “team” were Song Ton, (a Chinese), Chong (Chinese) & Da S. (Eurasian) & Insp Jambu, Da S & Jambu English speaking. [deleted] Team was for [undecipherable word] [/deleted] Function – to suppress anti – jap elements, in particular, people who were pro-British. There were a number of arrests of British subj. at hands of this team. A number of Eurasians were included. I saw the arrests coming in E. La. Brooy, [inserted] P. Mervyn [/inserted] Foley, Jack Rozells, Boyle, A. Carrier, and the two other Eurasians. M. G. Foley, Lionel CC Foley. I saw these brought in on divers dates. 1st was E. La Brooy. The remainder were arrested all on one night, about 2 weeks after la B. They were arrested while I was still on staff of Jap Police. Acc. was promoted to Junsabutcho about a week after the arrest of Eustace La Brooy. From detective to Junsabutcho. It is a big jump. He missed being a Sergeant. Normally the prom. from det to S.M would take about 12 years in the S.S. Police Force. Acc had been a det. for about a year. Promotions made by Hashimoto, officer I/C spe. Bch. He was an offr. with 5 stars. There was another Eurasian promoted – Jambu to S.M. Chong was prom insp. from detec. Song Toh was prom. from det to Sub Inspector. I was not present when these 4 men were in conf (ie Hash. S.T., Jambu & acc)

[underlined] Cross examined. [underlined] – There were many procs [proclamations]. Issued by Japs prior to my joining Police Force in occn. I did not see the proclamations. I did not read them on the walls. I read them in the newspapers. The procs were addressed inhabits & for preservation of peace and order. During these days people lived in fear and terror. I saw the [deleted] [indecipherable word] [/deleted] [inserted] notice. [/inserted] that all former employees [deleted] were [/deleted] of the Brit govt were to report back to duty. It was not in comm. with this that acc. went to see me. I did not know acc till I was at B’w’h. I sent him one in Penang while I was in Pol. Bks. Acc told me he was a policeman before Japs came, prior to Dec 41, in the S.S. Police Force. He, [inserted] (acc) [/inserted] was transferred to Pg & then to B’w’h when Japs came. I met the acc in B’w’h. He did not come at my request. He said he was unemployed. The he said he would like to join up & I told him he would be informed if there were any vacancies. He then went away. I next saw him some time in Aug 42. He came to the Pol Bks in Pg & offered his services & started with the police.

I was in the company of the Jap officer who was my superior when arrests of all these Eurasians were effected. Chong, Hashimoto, Nakamuria, and others I don’t remember took part in these arrests.

[Page Break]

I effected the arrest of Foley, Carrier, Boyle. These 3 addresses were furnished by Hashimoto. I was warned by Hash that these people must be brought in. The accused was sent to the M.P (?) office to give assistance, together with Chong. They were only there for about 3 months. They complained of being assaulted for not carrying out their duties. I know one Ng team [inserted] G Fooy [/inserted] Loay, a det. Insp. during Jap occ. I don’t know that acc & Jambu appealed to him to be transferred to Special Branch. I can’t remember whether the acc & J came to me for assistance also in this direction. We were all in fear of the head of Spl. Bch. called Hashimoto (‘The Tiger of Penang’). All were afraid accept a very few who were his favourites like Song Ton and Chong & Nakamuria was also in this branch. He was asst & interpreter to Hashimoto. Another Chinese Chong Chong Hean was also interpreter here. I knew one Chong Chee Yoon, an Insp. He was Hashimoto’s right hand man. He was promoted to rank of Kei Shi – superintendent while Hashimoto was here. He was controlling Sp. Bch under Hashimoto. Wee Kian Tat was also Ins. of police, after I left When I left Pol force, Song Toh was sub insp. There was a secret service branch under a Jap. called Ida. He was mostly concerned with persons spreading allied news. Very often member of spc. bch were called upon to [deleted] arrest [/deleted] assist in such arrest for the Jap Secret Service.

These interviews were conducted on Ida’s room. I was never present at any investigation. I was given the post of Shuni, O/I/C, when I first joined police. The inf. about Patterson was given to me by a Jap. M.P. A detec. Located him and he was taken to Police.

[underlined] Re-examination [/underlined] – Da Silva was a favourite, also, of Hashimoto. Jambu was senior to acc in rank. [deleted] [indecipherable word][/deleted] Interog sometimes conducted in room of acc. They would be conducted by acc. [deleted] instructions for their witnesses [/deleted]
[inserted]Instructions for [/inserted] arrests of Foley, La Brooy & others [inserted] Pres [symbol] [/inserted] emanated from Special Branch, I am sure of theat.// Hashimoto did not tell me that acc was his favourite. I say he was favourite [symbol] [because] acc told me he had a loan from Hashimoto. I also say he was favourite [symbol] [because] he was promoted after arrest of La Brooy. Acc was working for Japanese about one year before arrest of Eustace La Brooy. Acc., to my knowledge, was empowered to make any arrest he chose, by virtue of this office he held. As far as Eurasians were concerned he acted on instns. from his head of Department. If he had failed to carry our orders [inserted] for arrest [/inserted] given by his head of Department he would have be subject to disciplinary action.

Q. Can you remember the date of Jap. Occ. Pg. – A. Either on 19/12/41 or 20/12/41, as far as I can recollect. By 20/21. Pg was in their hands.
Q. How do you know acc was [deleted] subject to [/deleted] [inserted] acting on [/inserted] instr. from head of dept? – All instr. were given by head of dept – Hashimoto.

Q. To whose orders were you subject? – (A) To Hashimoto

Q, Were you senior in rank to acc (A) Yes

My department, which was the issue of travel passes, was a part of spe bch
I was not present when at any time Hashimoto gave acc. instructions.

[Page Break]

[underlined] 16. [/underlined]

I don’t know personally whether acc. received int. on person with reference to these arrests, but he must have recd. Some instructions to have so acted. Before promotion it is not necessary to pass any examinations.

Court adj. 1220 until 1440 8/2
Court re-opened 1430 hrs 8/2

[underlined] OSWALD JAMES FOLEY [/underlined] recalled for cross-examination.

I am sure I was in the company of Tommy Scott when acc [deleted] spoke to me [/deleted] [inserted] met us [/inserted]. The acc did see me in the company of T. Scott. I met acc in Francis Night School – 1st occ after Japs arrived. Sometime in Dec 41. The acc. was at B’w’h but he came over. It is not true that acc. did not come over to Penang Island until July 1942.

[inserted] 18 [/inserted] No re-examination.

[underlined] ABDUL BAKI son of IBRAHIM [/underlined] of 108H Sungei Penang Rd Penang – (speaking in Punjabi) – aged 53 yrs.

Before Jap occ in 3 Pen Vol Force. I was in Penang when Japs were here cpl in 3rd Bn, HQ Coy. I was arrested during Jap occ. After I had been in prison for 5mths I was sick & taken to lock up in Gen. Hosp. Pg. I know acc da Silva. The acc came to see me at the lock up in Gen Hosp [deleted] to [/deleted] 10 days later. He said “This is the proper place for you, where are your English medals, your English father, you bloody swine?” This is all he said to me, said it arrogantly. I did not reply. He never said anything further, but then left. Once Maclean had reported against me that I was a British Spy: that is why I was arrested

[underlined] Cross Examined [underlined]

I don’t see Maclean in Ct. Yes, I’ve known him for last 10 yrs. He is my friend. I was treated as an alien during Jap. occ. I had to comply with Jap orders for aliens. I was sent for on 18 occ. by Jap Police. I was arrested by M.P on 5 occns. I may not recollect dates. I knew acc. was det. In Spec. bch. The S.B. had conversation with M.P. cases. The orders of the MP were that all members of spec bch. were to repent with …… I still maintain that acc entered prison lock up and came to me. There was a male Chinese present at my interog by acc. in lock up. [deleted][underlined] No re-examination [/underlined][/deleted]. He was a radio repairer. I cannot recollect his name. I did not give evid. at premlim enq. I was first asked to give evidence in this case yesterday. I had not made any statement to police prior to yesterday, but I made a stat. to Intelligence 3-4 months ago.

[inserted] 19 [/inserted]

[underlined] [deleted] WILLIAM [/deleted] [inserted] WILFRED [/inserted] GUY STREET. [underlined]
Capt in general list att Civil affairs Police, Malaya. I know acc. C da. S. when we landed on 3/9/45 I was assisting an Intelligence Assault Unit to collect evid. agst these people responsible for atrocities in Penang.

[Page Break]

I received stats. implicating the acc. I arrested acc. [inserted] about 5 to 6 sept 45. [/inserted] accompanied [inserted] by [/inserted] Insp. Foley of Police who showed me acc’s residence and acc. in it. I arrested him there & then took him straight to Penang Gaol. He was not in uniform [deleted] he changed [/deleted] I did not charge acc. He was det. on auth to Assault Unit [deleted] [underlined] No K name [/underlined] [/deleted], “ a security arrest.”

[underlined] OSWALD JAMES FOLEY [/underlined] recalled by Defence.

I was not called as wit. For pros. at p. enq. I was called upon on 3rd of Feb 1946. First made Statement on 3/2/46. I made a voluntary statement to “ a court official.”

[deleted] [underlined] CONCLUSION OF [undecipherable word] FOR PROSECUTION [underlined] [/deleted]

[inserted[ 20 [/inserted] [deleted] 18 [/deleted]

[underlined] VERNON ERNEST DAWSON. [/underlined] (F/L) I presided over prelim inq. into this case. Produces true certifies copy of charges on prelim inq. I was presiding offr of a Dist. Ct. to whom acc was sent on a charge of alleged collab. After recording evid. I formed charge agst acc for Supreme Ct. and acc committed to stand trial before Ct now sitting. Until I formed charges, there were no charges formed agst. acc, as far as I am aware. 1st charge asst. enemy, 2nd causing grievous hurt to 3 people, 3 causing [deleted[ harm [/deleted] [inserted] hurt [/inserted] to several people. 1 – Def Regs’39 2 – sections of Penal Code, 3 – ditto.

[underlined] No X-exam. [/underlined]

[underlined] CASE FOR PRESECUTION COMPLETED. [/underlined]

Court adjourned until Mon or Tue at 10.

[inserted] 14/2/46 [inserted]

Not guilty on charges [deleted] 1 & altern [/deleted] [inserted] altern 1st[/inserted] 4 & altern.

[deleted] King & bailey 1924 2 King [/deleted]

[underlined] Acc. rises to give evidence on affirmation. [/underlined

[inserted] 1 [/inserted]

[underlined] CARLILE [inserted] C.E. [/inserted] DA SILVA. [underlined]

Aged 26 yrs from Singapore. Came to Penang in May 1940. Before came to Pg, was P. Constable at Thompson Rd Police Tng. Dept. Came to Penang on transfer – when in Pg, posted to Bwh Pol. St, as Police Constable, until evac. of British Tps [Troops]. On night of evac. left stranded as [inserted] Brit [/inserted] police [inserted] force [/inserted] had to evac too. This on or about 18/12/41. Rec’d as instructions from superior officers, who were A.S.P. Minns and Insp. Isaac. When Japanese occ. Pg. I was residing in Butterworth. While there, opened up a little fruit and cake stall and so earned daily livelihood. I joined Police Service in May 1942 approx, on an order issued by Japs calling on Govt. servants to report to their respective depts. I went to B’w’h Pol. Stn in consequence of this order and

[Page Break]

[underlined] 17. [/underlined]

There to Chin Kein Weng. (insp.) and informed him I had been a police constable. He told me that if my services were reqd., I would be sent for. In month of July 1942, 1st July, I recd. a memo. from Penang Rd Police HQ. After receiving this I reported for duty on 2 July, at Penang Rd Hq, to Insp. Chin Kein Weng at Detec. Branch, and was taken on strength as a Detective. I did not go out of my way to join the Police Force. My reasons were mainly security as there was a persecution of Eurasians at that time, by the Japanese Force. I meant by security reasons evasions of the brutal acts upon the public at that time. I was drawing a salary of $40 per month. I held post of det. till January 1944, then I was promoted to the rank of Sergeant Major – Junsabutchu. This promotion was due to an examination which was held about November 1940, among police officers in Penang and Province Wellsley. Promotion exam was held in Police Bks., Penang Rd & conducted by Mr. MARIDAN. He was then out Insp of Police Dept. There were a great no. participating [deleted] plain [/deleted] on my prom. I recd a salary of $50 per month. When promoted to rank of Sergeant Major I recd a revolver from Hashimoto who was head of my Dept. This revolver was given to officers to use when they conducted raids, for protective reason, when reqd.

I did not threaten to shoot Mervyn Foley nor Lim Ban Siew. Hashimoto at that time was known as Tokokacho, head of Dept, was not only known to his own race, but was also one of the others. His staff also paired him, with exception of insp. Chong, who was later prom to rank of Keishi, meaning Sup.tdt of Police for meritorious services rendered to Japanese Govt. prior to his promo. There was another Insp. – Chin Kein Weng. (Witness 17) who was under Hasimoto, & held rank of Tokoshumi (head of Dept.) He recd orders from Japanese & in turn gave orders out to his subordinates. There were other offrs [officers] in that Dept. – Insp Choo Ooi Chin & also Insp Ooi Kean Talt who also recd orders from Insp Chong & Hashimoto and in turn issued them to their subordinates. Insp. Chong took place of Insp. Chin Kein Weng, on the ration transfer to the Food Control Dept, & insp. Chong them promoted to rank of Keishi. [deleted] [indecipherable word] [/deleted] Keishi was the main man who took part in instruction pf investigations carried out in that Dept.

I as a Sergeant Major had many duties during my service with the Japanese. I did not exceed my duties. I held post of Sergeant Major until January 1945, and was promoted to rank of Sub Inspector [deleted] [indecipherable word] [/deleted] Keieicho (Kay – Yoo – Ho) This prom. was a result of exam held in Police Bks in Month of July 1944, after which I was sent to Police Tg Centre in Kuala [deleted] [indecipherable word][/deleted] Kuga on orders & Insp Chong & Hash. In August 1944. On return I took seriously ill with chromic malaria & did no police work until January 1945. I worked with M.P. Dept in 1942 – Insp. Chin Kim Weng,

[Page Break]

brought Dets. [inserted] L [/inserted] Jambu, Dennis & myself to the M.P Office & detailed us to assist an MP by name of Saki. I worked together with these two brother officers for a period of 3 months and on not giving satisfactory results with regard to information & arrests he gave us a severe beating and made us kneel on our bare knees for practically 3 hours in his presence. [deleted] Insp. Chin Kim Weng was informed [/deleted] Insp Ng [deleted] [indecipherable word] [/deleted] [/inserted] Yean [/inserted[ Phoey came and asked M.P not to treat us in such a manner. From that time till reocc. I had no connections with M.Ps. Jambu and Dennis were present when I was beaten. Saki accused us of siding with Eurasians & not bringing up reports against Eurasians. I remained in service only for 21/2 months after I became an Inspector and in middle of March 1945 I was put under military arrest & was asked to tender my resignation. The reason for arrest was with regard to my parentage, when I was accused of giving a false registration of my father in Eurasian register which was held in 1942. I was put under military arrest for 14 days while other Eurasians of 1st generation were interviewed. I was released (after Jap inquiries from mother in Singapore.) From then onwards to the time of re-occ I had no employment whatsoever & living on selling our clothing. I got my wife a job in the “Park” where she earned a salary of $40 a night & that also was forbidden by Japanese. One morning a detec. named Maclean, instr by Nakamuria, informed me that my wife was not permitted to work there. On 3/9/45 when the Brit troops landed in Penang, a crowd of Eurasian boys Lionel Foley, Michael Foley, Oswald Foley, [deleted[ Murry [/deleted] Mervyn Foley, [deleted] [indecipherable word][/deleted] “Podgy” Foley, Jack Rozells, Alphonse Carrier and a group of others came to my house in early hrs at 2 Westlands Rd, in search of me. [deleted] Th [/deleted] I was not there. At 11am, on my return, I found my house ransacked, my shoes were even stolen, a few of my shirts and photographs. As a result of this & what I was told, I went into hiding. On 8/9/45 I was arrested by Capt. Street & Insp Foley at my house. I was brought to Pg. Prison & remained there until I was prod. in this court. The Eurasians reg. took place about end of ’42 and early ’43. All Eurasians, heads of families were requested to report particulars req’d by Japanese, with regards to themselves & members of their families. This req. conducted by Insp Charles Brody, assisted by his subord. offs. There was a separate file kept of Eurasians of 1st generation. 3 of us were working under Insp. Brodie, self, Dennis & Jambu. At this time I was working in Spe. Bch. under Insp. Chin Kim Weng who was then i/e. It was after the transfer to Insp Brodie to Balik Palau, about July 1943, when Insp Foley took Insp Brodies post in our Dept.

On 8/8/43, Insp Foley loaned Jambu & self to Insp Chong who was I/C beat duty on that day. We were detailed to follow this checking up parade which was headed by Police Force & to report on our return to Insp.

[Page Break]

[underlined] 18. [/underlined]

Chong himself. While accompanying this parade, I went ahead of the procession & stopped and talked to 2 girls whom I know, namely Joyce Phipps and Wina Hessler. While talking to the two girls, & as the parade as passing by, Joyce Phipps suddenly exclaimed “Look at Eustace making the V sign”. She said this quite loudly. I refer to Eustace La Brooy. I immed.[ immediately] turned round and saw his left hand still in the air making the V sign. He was in a very conspicuous position, standing immed. behind Police Force that was taking part in parade & being rather tall, was easily noticed. I then returned to Police Bks & there consulted with Det. Jambu who [inserted] said he [/inserted] had also witnessed the V sign incident. He told me what it was. After this, we came to the conclusion that we should report the matter, as Eurasians were easily watched, and intel act would endanger not only E. la.B himself, but [deleted] also [deleted] these two girls and us detectives. We reported this matter, for another reason: that there were many other secret service branches functioning at that time – when reported by them this would involve us. We then went to Insp. Chong’s office, informing him of what had taken place (laid all information) against Eustace La Brooy. [deleted] He (Chong) told us to send to [/deleted] Jambu & I went to La Brooys house, on instructions from Insp Chong. That evening, & on finding him, [deleted] out [/deleted] [inserted] not at home [/inserted], we left [deleted] word [/deleted] a verbal message for him with the inmates of the house. We then went away. I [deleted] [indecipherable word] [/deleted] saw La Brooy on the evening of the 9th Aug at 4.30pm, in the Pol. Bks. Det. Bch. Chge Rm., When I was there for roll call. La B. was alone in the charge room. Jambu had also come for roll call. I noticed that la B. had his shirt torn, with open bruises on his knees, and his face was red – slightly swollen. I then got in touch with Insp. Chong [deleted] & he & [/deleted] & on his instrns. I put la B, in the [inserted] police [/inserted] lock up. Later that night, I took part in a raid on la B.’s house made by the police. The party consisted of Hashimoto, Nakamuria, Chang Chong [deleted] Yap [/deleted] [inserted] Yean [/inserted] (interpreter), Insp K. Kim Seng, Insp. Chin Kim Weng, Insp. Chong, Sub. Insp Song Toh & a number of detectives. Jambu was also there. In the house, & a number of articles were found by the Senior Officers themselves, which were against the proclamation orders of the Japanese. The included lanterns with Union Jacks printed around their sides, coronation medals, volunteer uniforms complete, coronation books with picture of the King and Queen. A radio was also found. These things were all gathered together by Japanese officers & we returned to the Police Headquarters, where the exhibits [deleted] [indecipherable word] [/deleted] were kept by the Japanese in this room. The male members of the house were arrested, together with a sister of La B.’s – Daphne, on instructions of Hashimoto, and locked up separately in various places. A few days later,

[Page Break]

I took part in a number of raids upon the houses of a number of Eurasians [deleted] whose names were given by Eustace & Daphne La Brooy [/deleted] The senior officer had a list of the names of those to be raided. The list was shown to me on the night of the raid. All the officers of the Det. Bch as well as the Spl. Bch. took part in the raids on these houses with [deleted] [indecipherable word] [/deleted] exception of Insp. Foley & Mr. Chang Swee & Insp Ohu Ooi Chin. These raids were also accompanied by Japanese officers – Hashimoto, Nakamuria and a few others whose names I do not now recollect. I only raided 3 houses and arrested, with Hashimoto, & Insp Chong, Marcel Carrier, Lambert Hessler, Ulric Magness and Jerry Coombs, and we took them to the Penang Prison. On arrival there, I saw Alphonse Carrier, [inserted] Lawrence [/inserted] Carrier. [deleted] [indecipherable word] [/deleted] under arrest; other [deleted] [indecipherable word] [/deleted] [inserted] were [/inserted] were brought in later. During interrog of these Eurasians in Pg. Prison, which was conducted by Senior offrs in my presence, namely Insp. Chong, Kim and Kay & Hashimoto & Song Toh. I smuggled food in to these Eurasians. I did so by putting the food, which was bread, in an empty typewriter case. I did that every time I went to see them. The period of this interrog lasted for about 3 months in the Penang Prison. I was the only one who smuggled food in, I knew the others had not done so, [symbol] [because] I was always there before them. Insp. Foley on 2 occas. asked me to smuggle in some food, which he gave me, to his brother, which I did, to Mervyn Foley. I gave it to Mervyn Foley. Food was not permitted to be brought to them in the prison. These Eurasians were later brought [deleted] out [/deleted] [inserted] up [/inserted] in batches & detained in Police Barracks (Pg. Rd.) for a few days where they were enabled to receive food from their homes. This went on until the order from the court came & asked that these Eurasians should be returned to Pg. Prison.

I did not lay hands on [underlined] Jack Rozells,. [/underlined] with the exception of a slap which was ordered to me to be given by Lt. Ida.

I only slapped E. la B. on instructions, two slaps, [underlined] as far as I can remember. [/underlined] instns. by Hashimoto & Chong, Ulric Magness was present.

I did not lay hands on P. Mervyn Foley. He was investigated & interviewed by Insp Chong. I did not [inserted] put the wts on his thumbs [/inserted] At the time he was being interrog. I was dw/I/P. of a revolver. I was only a detective then. It was not true that I punished him 2ce from behind.

I did not, on any occns, lay hands on Alphonse Carrier. I slapped James Boyle on 2 occns, on orders of Chong & Kay Kim Seng who were then interrogating him. I knew Dio See Beng only when he was brought in. I was not present on all 6 occasions when he was being interog by Insp. Chong, but was there on 3 occasions & slapped him when ordered to do so by Hashimoto & Chong, but not with force.

[Page Break]

[underlined] 19. [/underlined]

I did not burn him. There was a soar on his arm when I saw him with Insp. Chong. I saw it about May 1944. This was long before the alleged burning incident.

Ct. adj 1300hrs 14/2/ until 1415 hrs.

Resumption at 1430 hrs 14/2

I did at no time lay hands on Michael George Foley. M.G.F. was present on one occn when a Dutchman was interned. It was on this occn that John Werjers, who had already given a statement to Hashimoto personally, was re-questioned in the presence of “Podgy” (M.G. ) Foley. He ….. [sic] which he alleged agst M.G.F. to Hashimoto, of having gone to Sumatra with a letter from William Dexter addressed to a Malay who was alleged to have been a member of their Coy. in Sumatra.

I remember Teng Tok Heng giving evidence in this case. His allegations against me are not true. As far as I can remember, on 1 occn when interog was being carried out by Song Toh, Chong and Hashimoto, it was carried out in the Chinese language which is unknown to me & it was on this occ that I was instructed by the Japanese to give him a slap. I did slap him, and others also took part in assaulting this man.

I don’t remember Yap Ngit Foong, and I was never present on any occasion of his interrogation.

I remember Mat Saat Bin Mat Toi. I recollect what he said [deleted] to [/deleted] [inserted] about [/inserted] me here. I did not tie his hands, it was the work of Insp Chong. I gave him a few strokes with a feather duster, again on instructions.

I remember Lin Ban Siew. I recollect his evidence, I did not on any occn threaten him with a revolver. I did not throw him down. I did not on any occn lay my hands on Lim Ban Siew.

I remember James Foley. There was never a time when I met him in the Company of Tommy Scott in Dickens St.

I knew Abdul Baki in the earliest stages of registration when he came to Police Bks. to register himself as an alien, & that was the only occn. “that I spoke to him” [deleted] I do not remem [/deleted] I did not meet him on any occn. in the hospital.

I know Cecil [underlined] Maclean. [/underlined] He worked as an [deleted] det [/deleted] informer for me, - later was employed as detec, working under me for a short period, after which he worked under Hashimoto as a driver. I did not, hit [insert] M.G. Foley [/insert] him with a cycle tyre. His evidence is untrue. This was done by Sun Inspector Song Toh who beat [underlined] Foley [/underlined] for the simple reason of his being rude to him.

I remember Dr. Scully. I did not say “This is the man whose brother is the Insp. [deleted] Foley [/deleted] Scully who refused to work with us “I answered a question which was

[Page break]

put to me by the Japs enquiry whether this was brother of Insp. Scully who was then under arrest of Japanese. All I said was “Yes, he is the brother of Insp. Scully.”

The arrest of those acc. of giving food to [deleted] Brit [/deleted] Brit. soldiers was from inf. given by a Chinese, Ah Kiang, to Insp Chong. I was present when arrest took place.

The only part I played in arrest of the (approx.) 50 Hailan Cools was to be present, accompanied by Japanese senior officers. The informer was one Ah Hip in Hailan. I know this man personally & he told me. When Eurasian in Dr Scully’s case were being [deleted] [underlined] Cross Examined [/underlined] [/deleted] interrogated, & whose stats were recorded in Japanese,[deleted]on [/deleted] instns. from Ida, I prepared the investing. papers for the Ct, which was sent to Hashimoto’s officer and interpreted to English. I them typed the papers, read the stats out to the persons concerned, which were signed or thumb printed by them. I forwarded the papers to the prosecution, after which I knew nothing more about the case.

[underlined] Cross Examined [/underlined] I did not ask Chin Kin Weng to get me into Spl. Bch. It is false. I joined Pol. Fce to save myself & family & others. That included other Eurasians. I had observed for 1 1mnths. Jap methods. They were very much unlike [inserted] those [/inserted] to which I had been used. [deleted] I went in to [/deleted] I did not go in knowledge I wd. have to carry out such duties. My name was put up for exam. It did not incl. methods of interog. supervised by local offr. It was a coincidence I was prom. after Eurasians were arrested. I used no revolver agst two witnesses. It was false for them to say I used one. Insp Foley was my immed. sup when I arrested La Brooy. At that time, Insp. F. was not present in Pol Stn. I was handling a cycle when I saw La B make the V sign. Before reporting I talked with Jambu. I had to make the report on La Brooy. There was every possibility of others reporting it. [deleted] [indecipherable word] [/deleted] Insp Foley was inf. by Jambu of V sign & by me, when we he returned. I do not agree that La B.’s arrest did result in arrest of other Eurasians. My prom. was not very sudden. In the normal course of events it would take a number of yrs. Many others [deleted] officers [/deleted] sat. Only 2 Euras. I was 1. Prom. partly due to Hashimoto & partly others. The results were comm. to Hashimoto. No Eurasians interned in 1942 – in 1945 1st line (genern.) Eurasians. Wife not interned [symbol] [because] it was proved to them that I was a Eurasian, not 1st genern & wife, according to the law, [symbol] [because] I was not a 1st line. My posn did not secure wife from internment. [deleted] He [/deleted] E. la B. – I was never present when E la B was interog 1st time. Present later when interog in prison. it is false that I hit him on ear & caused deafness. I slapped him 1ce – never hit him on ear.

[Page Break]

[underlined] 20. [/underlined]

I did not submit names of Eurasians to Chong & others. I did not lead raids. I was beaten as Eurasian, but they made no use of my knowledge of Eurasians. I gave food on 2 occs on directions of Insp Foley. I took it to Mervyn Foley, on request of my Supr. Offr. not on own instructions.
I slapped Rozells 1ce on the face, under orders of Japs. There was no stick, never rolled it on stomach. There was never such an incident in presence. I did not punch him in ribs. I did not suggest any ice. Rozells was never carried into cell. I [inserted] could [/inserted] never said “the British would not come back. “From what I remember he was only beaten up by Japs. Rozells whole evidence is untrue.

I had no revolver when with P.M. Foley, nor did I lay hands on Alphonse Carrier on any occ. I did not take part in a beating of him. [deleted] [indecipherable word] [/deleted]

Chong asked me to beat Boyle. I merely slapped him. The slap was not sufficient to make him talk. [deleted] I [indecipherable word] [/deleted] I was present on 3 occns when Dio See Beng witness is lying about burning arm. Chong asked what the mark was, [symbol] [because] at that time, many people destroying tattoo marks. I was not present when paper was lit. I slapped him 3 times. I never saw him vomiting blood. It is untrue that I used a cane on Dio See Beng. I never said that the British would have to release him. I never said if the British didn’t come he would die in gaol. He’s lying to say “I stood on his chest. I remember witness & what he said.

If I had had occs to speak to Abdul Baki in hosp. It is false that I said to him “Where is your [indecipherable words] now?” I never said I would rake in all the Foley family. I was not present when the Dutch soldiers were assaulted. Maclean is mistaken to say I was present.

Dr Scully is mistake when he says I said “He is bro. of Insp Scully who refused to work for us”

I was on no occn. anti British a pro-Japanese. I joined spl branch with idea of assisting my own kind. I took no enjoyment in interogs. I only had to pretend to please Japs. Espec. when Hashimoto was present. We just gave them a slap to smart. [deleted] I had be [/deleted] Jap methods were quite foreign to my routine & trg. They were cruel. It was the only system known to the Japs. It was ack. to be legit. means of interog. I was not I/C any interogs. I had to comply with their system. In cases of duty I had to arrest people. But interog done by senior officers when I was present. They beat men with sticks & hung them up. I was only present on one such occn. That was Mat Saat Bin Mat Toi.

[Page Break]

(witness 13) a complainant against me. That was the man on whom I used the duster. I did not tie nor suspend him. That lasted about 15 mins. This is only occn I used an implement. Many of the Eurasians I arrested were my friends. I had to carry out instn from my senior officers.// According to their statement they were all anti-Japanese. I was not cause of M.H. Foley being arrested. I was not present at his flogging with doubled electric wire. I was present only 1ce when M.H. Foley was beaten: just after he had been arrested. I did not inform agst M.H. Foley. It is untrue that I demonstrated a torture to Mervyn Foley. I did not put a basket on his head. - [deleted] [indecipherable word] [/deleted] There was never any weight – on finger incident.

The witnesses whose statements I deny are deliberating fabricating their evidence.

I have never said to Dr. Scully “look at this fine car, see what comes of collab” I did not disparage Dr Scully for being friendly with British. I remember Lionel Foley. I did not tell him I would rope in all the Foleys. Nor did I say “Those Foleys bastards.” I did not tell Maclean that I would rope in all the Foleys. Maclean is lying when he said I told him to arrest Capt Tulsaram.

I was not respos for arrest of Dexter, Werjers or Foley (M.G.) I was not very friendly with Hashimoto. [deleted] [indecipherable word] [/deleted] He was not the man respons. for prom. I cannot say who did. Insp Kay Kim Seng was one. I don’t know why Insp Chong left the Special Branch. I was never beaten by Hashimoto

I did things only to instn. I was anti-Japanese. Whenever I had opport. I helped the Euas prisoners. I never expressed Anti-Brit opinions. I tried to avoid arrests. I consider I earned grat. of Eurasians.

It is untrue that I was prom. for good work in [indecipherable word] in Eurasians. I remember slapping Lionel Foley. I never slapped P.M. Foley. I [deleted] slapp [/deleted] never slapped A. Carrier. I slapped Boyle 2ce. I slapped Dio See Beng 3ce. I did not beat M.G. F. I don’t remember about Tang Yok Bend [inserted] 14 [/inserted] I don’t remember doing anything to Yap Ngit Foong. I did not slap Mat Toi. I used a feather duster on him. I did not beat Lim Ban Siew on any occ. I never saw blood on Dio See Beng’s ear. Jumbu and self took place if Insp Foley when he went. Chong immed. supr. I did not have much influence with him then, nor did I have influence with him later.

No X-examination.

[underlined] 21. [/underlined

2.

[underlined]JOYCE ELLORA PHIPPS. [underlined] – spinster, 26 [deleted] Ayer Ham [/deleted] [inserted]Anson [/inserted] Rd. I know acc. C da S. I also know Eustace La Brooy. I was in Pg. during Jap occ. I remember on 8/8/43, about 11.30 am local time, the Jekedan parade passed in from of my house. I was at the gate, standing. Wina Hessler was standing with me. I saw acc. about that time. He came up on a bicycle to the gate & dismounted – He stood with us. We [inserted] 3 [/inserted] were watching the parade. E la B. was taking part in the parade. I saw him raise one of his hands and he made a sign. It looked like a V. sign. To whom it was made, I don’t know. He was looking in our direction & [raised [deleted] his [/deleted] arm to shoulder, one finger near ears – demonstrated] I was astonished and [deleted] [indecipherable word] [/deleted] said, to no one in particular, something to the effect “look what he’s done.” I don’t remember acc. doing anything at this remark. The next day [deleted] I was called to Pol Stn by [/deleted] C da. S. [deleted] He [/deleted] came to our house & told us that a Malay det had witnessed the incident & had reported the matter & said that he was called upon to give names of 2 girls who were standing with him. Then he said he had to make stat on what he had seen. I told him I did not want to make any statement that would convict anyone but he said not to be silly as the stat would not convict anyone as they had already arrested E. la B. & that he had confessed & been released, that our stats. would only be used as records for the file. I still told him I did not want to sign a statement if it would get anyone into trouble. He said that if we did not sign it, we would be in trouble. So believing that our stats would not bring harm to anybody, [deleted] [indecipherable word] [/deleted] I made a stat. & signed it. Acc recorded it & I signed it. [deleted] [indecipherable word] [/deleted] Acc then left. I heard nothing more about the case.

[underlined] X-Ex [/underlined]

Gesture of la B. only lasted split second. [deleted] [indecipherable word] [/deleted]
Signal was finished when I made remark. I read stat before signing it. I was V. unwilling to sign that stat [symbol] [because] I did not believe it wouldn’t get anyone into trouble. I was friendly with la B. I had no intention of getting onto trouble. It could have meant we have walked about 2 miles. It was not only for the fear of getting into trouble that I signed the statement. But it did influence me to some extent.

3 No Re-examination

[[underlined] SIMON BARNABAS [underlined] of 98 Bath Lauchang Lane. Client in special court – During Jap occ [deleted] not it [/deleted] from beginning of 1943 to re-occ in Sept-45. I was employed in the HIKARIKIKAN, secret service , in comm with Indian affairs, political. At that time the head was HONDA, a Jap. I don’t now a Jap named SAKISATI. I know acc. I remember acc. kneeling down with 2 others in from of Japanese in Burma Rd M.P. Office. I was called there by head of MPS. It was late 1942 or early 1943. I did not see anything else. Acc. had hair dishevelled & shirt torn at back. One of other men was in tears, other had hair dishevelled.

[Page Break]

The Japanese was shouting at them. 3 days later I met acc & asked him what it was about. He told me he was beaten up [symbol] [because] he did not give proper information. In our department we had a number of informers to watch Indian moves. When they gave inf, I passed it on to the chief of Depts. [deleted] Inf [/deleted] If necessary, Chief directs Hashimoto what to do.

[underlined] Cross Examined [/underlined]

I only saw kneeling for less than a minutes. I was not in same room I saw the incident. I saw acc. 3 days after, then many times afterwards. I didn’t understand what was being said. They might have been swearing oath of fidelity. Don’t know rank of Jap. Dennis & Jambu rec the other two. Saw acc. 3 days later in Ct. Room. He was some sort of Det. in Spl Bch. I don’t know what rank he was. That was last convers. I had until now. After release or dismissal from Jap police force. I purchased food stall form him. That was some time in 1945. Black market, not at stall or shop. I knew acc when he was on Hashimoto’s staff. [deleted] [indecipherable word] [/deleted] I don’t know what he did or what his attitude was towards Japanese. First asked to give evidence in this case when I rec’d subpoena. I [deleted] asked[/deleted] [inserted] met [/inserted] acc. wife after receipt of summons & asked her why acc. [deleted] was in trouble [/deleted] had subpoenaed me about Foley’s matter. She said that it was not that but something to do with what I had seen in MP office. I told her that had [deleted] [underlined] [indecipherable word] examination [/underlined] [/deleted] nothing to do with the Foley boys as the [deleted] [indecipherable word] [/deleted] dates were so different. I recollected at once to what she was referring, when she mentioned MPs office [deleted] she asked me whether [/deleted] I knew to what she was referring. This was on 7/2/46 or 8/2/46. It was a casual meeting by the court in Light Street. There was no conversation after incident, until 7/2/46.

Court adjourned until 1000hrs 15/2/46

[underlined] Court re-opened 1010hrs 15/2/46. [underlined]

4.

[underlined] REV. BROTHER PAUL. GALLACHER [underlined] of St. Joseph’s College, Principal of St. Xavier’s, Farquhar St. Assistant Superior of St. Joseph’s, I know da Silva, the acc. I came to know him during Jap occ. roughly middle of 1942. He came to see me, probably 5 times during Jap occ. On one occn came alone to see me. Came to [deleted] buy [/deleted] [inserted] get [/inserted] religious objects. On other occns, he came with local detec & MPs. Came to get information about brothers. He asked certain questions about brothers. I think his attitude was friendly. He never made known to me his feelings. Jap [inserted] military & MPs [/inserted] Soldiers visited the place where we live on several occasions. The acc was not always with them: very often they came alone. Nothing in particular happened. On one occasion they came to search the house. Acc was present; I refer particularly to a search party in, I think, October 1943. Acc in party, but I would say not of it. It seemed to me that he was evidently under compulsion. He’s attitude was to prevent, as far as I could see, the search, and he did, at a very early stage, call it off.

[Page Break]

[underlined] 22. [/underlined]

I did not observe from acc. behaviours that he was anti-British. I would say that in regards to Christian brothers, he was helpful. The Christian Brothers, especially the British Brothers were treated, during the occ by Japs, with brutality. They were spied upon, practically interned and treated as collies. That, it seemed to me, was the official Japanese attitude towards us. I can assign no reason to this. This was not so conspicuous in early years, but from 1943 onwards, it was very bad.

[underlined] Cross-Examined [/underlined]

On all the occasions he was friendly. On several occns came with MPs or local detecs, I don’t know anything about him outside of his activities. The acc. is a Roman Catholic. I as superior, was permitted to go to General Hospital. The rest of us were confined to grounds of the college. (Acc is RC). When he came with Mps he was decidedly friendly. [deleted] Subsequently [/deleted] I couldn’t say, on later occns, whether acc was I/C local detecs. I can’t remember whether he carried a pistol on any of these occns.

[underlined] No re-examination. [underlined]

5

[underlined] ARUMUGAM PUNAIA PHATY RUDRA [/underlined] – 6 Penang. Dresser in Prison Hospital. I was dresser in prison hospital throughout Jap. Occn from April 1943. I recollect some Eurasians being brought into prison, in the later part of 1942. I know most of them, Dr Scully, Lionel Foley, Alphonse Carrier, Mervyn Foley, Insp. Scully, Palmer, McIntryre, Jack Rozells, Jimmy Boyle, Marcel Carrier, Eustace la Brooy, Henry Foley [deleted] [indecipherable word] [/deleted] and Lambert Hassler. I remember them coming prison. They all came in very fit. I saw them on my [inserted] daily [/inserted] rounds, it was part of my duty. Some Eurasians died in prison hospital, their names were Henry Foley, Palmer, McIntyre and Insp. Scully. They were admitted to prison hospital. I treated them under directions of Prison Medical officer. They were all suffering from beri-beri and malnutrition. McIntyre had pulmonary tuberculosis. They died from these complaints. I saw the acc. come to take statements, during this period at several times. I saw bread in the possession of some of the Eurasians in the cells. [deleted] They [/deleted] [inserted] Bread [/inserted] was not part of the prison diet. I did not see how the Eurasians came by the bread.

[underlined] Cross Examined [underlined]. I was in possession of register of Prison Hosp admissions. It discloses deaths of these mentioned, with the disease of which they died. I made the entries. I have it to this day. I made the entries admitting them to prison hosp. I saw Foley when adm to prison. Almost a year after adm. He died. McIntyre died 1 1/2 years after adm to prison. Palmer about the same. Deaths induced by malnutrition, prison fare poor in quantity & quality & Insp Scully died of Sclerosis pf liver. He was v. healthy when adm. prison.

[Page Break]

Hy Foley was arrested later than la B., also McIntryre, Palmer. [deleted] [indecipherable word ][/deleted] I remember a Dutch soldier in the prison hospital, he gave name WILLAN. He was released along with others. Dr Scully was Eurasians ‘benefactor’ & tried to help them by supplying certain medicines. Dr Scully was able to get some bread in. [deleted] I saw [indecipherable words] [/deleted] I saw [deleted] [indecipherable word] [/deleted] Mickey Foley with some abrasions on his back. I had to take off his shirt & he was treated [inserted] by me [/inserted] It was about Feb or Mar. 44. I dressed the abrasions with mercurochrome soln. No bleeding. A cane would give such marks, [deleted] it came from I [/deleted] I couldn’t say acc carried pistol in 1942. I don’t think I ever saw him carrying pistol. Acc never said he would get Foleys or Eurasians all in – we were not on such terms. Acc never boasted to me that he had thrown Mervyn Foley all over the room. I avoided him as I did all Jap police & civil police. I don’t remember the accs promotion. I did notice any Eurasians favoured by acc. I believe he treated all alike.

[underlined] No Re-examination [underlined] [inserted] 6 [/inserted]

[underlined] JEAN BAPTISTE SOUHAIE [/underlined] (Rev Father) – I am a minister of the Roman Catholic Church. I was in Penang throughout Jap occupation. Father Baloche was the parish priest at Pulau Tikus, but as he was invalid, I assisted him during jap occn. Acc paid me a visit as few days after the Jap occ. of Penang. That was the 1st time I met him. He came to get inf about nationality, age, work etc, of Father Baloche & myself. I saw him again about 6 months or a year later. He came to tell me to inform the [inserted]community [/inserted] people they had to be careful [deleted] what [/deleted] about talking war news, particular after the church services. On another occasion he came with a party of insps, I think and 2 japs, to search the house. The Jap who was leading party wanted to enter the house & the acc stopped Japs from entering. I came forward and met them at the door. Then acc. apologised to me in a loud voice. I was surprises he could talk like that in front of Japanese. He said “I am sorry Father, we have to search the house” He searched the house, pulled out drawers, opened almeries, in a perfunctory way. He did not even look [inserted]at [/inserted] what was inside them. Then he motioned to Japs to go out, & party left the house. I never saw him again in his capacity of a Police Inspector.

[underlined] Cross Examined [/underlined]. He was on duty 1st time he came. No uniform; alone. 2nd time. He made an indication work was over. He seemed to be able to impose himself with Japanese. After 1st meeting I knew him to be a Roman Catholic, he told me so the first day he came.

[underlined] No Re-Examination.[underlined]

[Page Break]

[inserted] Chinese writing [/inserted]
[underlined] 23. [/underlined]

7
[underlined] THOMAS RANDALL SCOTT [/UNDERLINED] popularly known as “Tommy Scott” [deleted] [indecipherable word] [/deleted] I am a clerk in the Customs Dept. I was in Pg during Jap occ. I know Mervyn Foley. We discussed the Jekida movement sometime in 1942. He told me I needn’t join, [symbol] [because] I was Govt servant and would be exempt from it. I know acc, C da S. I remember acc meeting me in Kedah Rd several times, sometimes in [deleted] [indecipherable word] [/deleted] [inserted] toddy [/inserted] shop at junction of Kelanton Rad or Kwantan Rd. I met acc. at this shop, a casual meeting only. He once warned me & told me that one Frank McIntyre gave some inf. that I had a radio set which was unlicensed. This occasion was in my house. Asked me if I still had it. I told him I was afraid of the MPs & destroy the set. I know a lot of Foleys; I know Oswald,[deleted] I don’t remember meeting [/deleted] I was interened during jap occ. When I came out, I met several of the Foleys. None of them asked me to do anything concerning acc.

[underlined] Cross Examination. [/underlined]

Acc never said anything uncomplimentary about the Foleys to me. I don’t remember anything about it. dec told M. Foley who told me that I was a fool for joining Jekida. I wouldn’t forget if he had said – (President reads alleged words from M Foleys’s evidence) Acc never said that to me. [deleted] [underlined] [indecipherable words] [/underlined] [/deleted]. Oswald Foley must be lying if he says acc. said these words to me I met acc two or three times when I was with [indecipherable word] Foley in Kedah Rd. I passed by Dickens St quite frequently with O. Foley, but I never remember us meeting acc there.

8
[underlined] MARCEL EVELYN CARRIER. [/UNDERLINED] – Of 9 George Rd, Penang, att nt present to Air Ministry Dept of renewal works as electrician. I was arrested on 13/8/43. Two days after arrest, I was told I was arrested in connection with the case of Eustace La Brooy. From my hse [house] 1st taken to Pol Stn at Pulau Tikus, then after, to gaol, after 1/2 hr. When I was in the office, there were 14 other Eurasians in the gaol office. I knew acc, C da S. He came to gaol on several occns to take statements from us. I rec’d some cigarettes & food from accused when I was in gaol. Food was mostly bread. I couldn’t definitely say that all Eurasians rec’d food but there were a few other besides myself who did. I think I rec’d food on about five occasions. I rec’d bread on [deleted] one or [/deleted] two [inserted] or three [/inserted] occasion from acc., and on the others, from the other inspectors. I did not see how acc brought bread to prison. Bread was handed to me by acc in room where the statement were taken. I know Daphne le Brooy & her father. On two occasions, I was brought before them in prison. I think acc. was present on one occasion. On that occasion, the

[Page Break]

Page 50

Eurasians were all brought down. Daphne La B. was already in the room. We were lined up. Daphne L B. was then asked to pick out the guilty ones. One of the detecs. present asked her this. She picked out four & then the rest were sent back. [deleted] [indecipherable word] [/deleted] I was one of those whom were sent back to the cells. The first to be picked out was La Brooy, 2nd Alphonse Carrier, 3rd Jimmy Boyle 4th Ulric Magness. I don’t remember what Daphne La Brooy [inserted] & her father [/inserted] said, if anything.

[underlined] Cross Examined. [underlined]

I couldn’t say whether or not da S. was in charge. I was v .friendly with acc before being arrested as well as in prison. My lady friends was allowed to visit me [inserted] in Rock alp Pol Stn [/inserted][deleted] [indecipherable word] I was allowed to use the telephone. I used it once only. I did not give acc any inf. whatsoever regarding any civilian. I gave him no inf. where politic were concerned. I gave him inf. regarding business transactions. I do not know whether he as a detec. would be interested in it. I was useful to him & he gave me small privileges. In goal was never allowed out of cell. I was only allowed out of the lock up on to the passageway. I could not say whether other Eurasians rec’d bread at the hands of acc.

[underlined] no re-examination [/underlined]

9

[underlined] FRANCIS ANTONY REUTENS [/underlined] of 134 Kalawei Rd, Penang. I am a school teacher in St Xavier’s Institution. I know acc, I saw him on many occasions during the Jap. occn. I never asked him why he came to see me. I spoke to acc on many occasions, the meetings on which he spoke to me were casual. He showed me some papers regarding some Eurasians. He said they were a statement by Jimmy Boule. No MP ever came to see me about acc. An MP once came to see me [deleted] once [/deleted] [inserted] many times [/inserted] & questioned me about Eurasians at large. I can’t remember, the date. They always said that the Eurasians were a bad lot. I always told them that they were good and it went on like this for hours.
[underlined]Cross Ex. [/underlined] I was a store keeper & kept Eurasians store during Jap occ. acc was in habit of coming to my shop. Our store was 326 Burma Rd, about 3 miles from Carnarvon St. Acc visited & purchased frequently at first them he got his rations free when joined police. [deleted] [indecipherable word] [/deleted] I was wary of talking to acc. Being in police dept, it was diplomatic to be wary. I knew in was in Spc Bch. I knew from him he has assisted in the arrest of certain people. Eustace La Brooy and some of the Foleys. I can’t remember that he gave impression of being unfriendly to these people. acc once come with revolver. I saw him carrying a revolver as far back as 1943. I saw him carrying it. About Nov 43 a young Chinese boy employed in wireless had escaped from custody (Not evidence.) We were asked,

[Page Break]

[underlined 24. [/underlined]

as the Jekidan force, to look for this boy in Pulau Tikas. Acc & wife had come next door to where I lived & when I returned home at 8pm at night, I told acc & wife that MPs were picketing all the junctions. They left the house & I followed them, but before going, acc showed me his revolver & said “I’d better keep this inside.” That was 1st occn. I saw revolver. Some months after I noticed a bulge in hip pocket. On many occasions he (acc) said – The Eurasians are a damn nuisance, they are talking too much: This was the gist of his conversation with regard to Eurasians. On one occasion he told me that “If Foleys don’t look out, he would get the whole family into trouble” [deleted] I don’t [/deleted] because they were talking too much. I do not remember the date of that. I knew the Foley’s then. They sometimes spoke to me. If talking news rec’s from B.B.C. was a nuisance to the Japs, they were a nuisance. Acc. mentioned E la B to me, after his arrear, and the arrest of some other Eurasians [deleted] that [/deleted] acc told me that he had succeeded in [deleted] getting a [/deleted] effecting the arrest of a spy-ring. I told him it was all ridiculous, but he told me that I didn’t know anything & left it at that. He did not specifically state who the spy ring were. He said “ I’ve got E la B & these other Eurasians.” I don’t remember him telling me he had been promoted.

[No re-examination.]

10

[underlined] ERIC PETER BALHATCHET. [/underlined] – 132 Kalawei Rd. News editor of Penang Gazette. During Jap occ, I was news editor of English edition of Penang Shimbun. I was President of Eurasian Welfare Assocn. They referred to me as leader of Eurasian community. I was not, at the beginning. [deleted] after [/deleted] At the end of Dec 42 I was elected at a general meeting of Eurasian community. The acc came to see me on several occasions. I cannot remember 1st occasion date. I remember one occn shortly after the arrest of an Eurasian, acc came to me house [inserted] casually [/inserted] one morning and I approached him to do what I could to help them. I offered him money to buy food & take it to Eurasians. He refused to accept the money and said that he would take in food himself whenever he could. He also showed me, at the same time, a whole sheaf of papers which he said were statements which had been made by the arrested Eurasians. [deleted] I felt that it was [/deleted] He didn’t ask me for any advice on the papers. I know the Foley family. I cannot remember any discussion about them. I do recall that he mentioned that the Eurasians in general were giving a lot

[Page Break]

of trouble by talking too much about the news.

[underlined] Cross Examined. [/underlined]

I was not aware that he was respons for arrest of Eurasians. I formed impression he wanted to excuse facts of arrested Eurasians. I made a general offer of money, no sum mentioned. He did not call upon me to pay debts of food or money. I was afraid to press the matter further. I felt either he was unwilling, or he could not [deleted] feed [/deleted] get food to them. I saw him after his promotion. I can’t say whether it was before or after arrest of Euras. [deleted] [indecipherable word] [/deleted] [inserted]I am not sure whether [/inserted] it was after my convers. about the food.

[underlined] No re-examination [/underlined]

Pres/ In the course of conv.I naturally asked why Euras had been arrested. Then it came out that Eurasians had talked too much about news, showing me the sheaf of papers.

Adjourned until 1415 hrs 15/2

Court re-opened 1417 hrs 15/2

[underlined] D. GOVINDRA SAMI [/underlined] [inserted] 11. [/inserted] Detective No 63 attached to Central Police station. Detec during Jap occ. I know C.da S. I came to know him during [inserted] his [/inserted] my police service. He was a Sergeant Major, I cannot remember the date he became Sergeant Major. I was once a Sergeant Major, together with da S.I became a S.M. by sitting for an examination. Acc was among those who sat for examination. I can’t remember date of examination. I saw acc. with revolver after he became a sergeant major.

[Cross-Examined]

I was in same office in Spl Bch as acc. I never took part in assault of Eurasians, I was in Indian Section. Everybody had to enter for the examination, incl Eurasians. He was not the 1st, all of us had to enter at same time. It would not surprise me to know he had revolver before exam. Usually he would have a revolver in the office after he was S/M. I cannot say whether he was armed before he went on raid. Hashimoto respons for my promotion [symbol] [because] recommendn. must have reached him - & so with acc. I [deleted] cannot say [/deleted] [inserted] do not know [/inserted] whether acc was favourite of Hashimoto.

[underlined] no re-examination [/underlined]

[underlined] Case for Defence Closed [/underlined]
[Page Break]

[underlined] 25. [/[underlined]

Defence quotes from Proclam. – that a lenient view should be taken of these alleged offences, as they were merely of a technical nature – that he played only a minor part, in which others persons were involved.

Pleads that facts must be subordinate to [underlined] intention [/underlined]. Under orders of superior officer when some offences committed, were acts unreasonable, or in good faith.

Adjourned till 1000 16/2