BENNETT ESCAPE

Greymouth Evening Star, 8 December 1945, Page 5

BENNETT ESCAPE

JUSTIFICATION CLAIMED. MELBOURNE, December 7. When Lieutenant-General Gordon Bennett resumed his evidence to-day he was cross-examined by Mr. W. R. Dovey, K.C., who is appearing to assist the Commissioner, on his justification for retaining weapons in the circumstances, and was asked did he know whether in taking weapons he was committing a breach of one of the surrender conditions. Lieutenant-General Bennett said he knew he was committing a breach of the conditions imposed by the Japanese, but said it was common for prisoners to try to get arms. “I was not concerned . about the morals or legality of it,” said Lieuten-ant-General Bennett. “I was escaping and there might have been a time when arms were necessary. I did not care. I was justified in getting away with anything concerning the Japanese. Anything is fair in war.” Mr. Justice Ligertwood: I gather your impression was that these orders werq coming from the Japanese?' Lieutenant-General Bennett: Yes, General Percival went out with the object of surrendering unconditionally. We expected the Japanese would not allow any conditions. We asked for one condition and we didn’t get it. _ The next witness was Major-Gen-eral C. E. M. Lloyd, Adjutant-Gener-al of the Australian Military Forces, who said it was Lieutenant-General Bennett’s duty to surrender his body to the Japanese, and that he had no duty to escape. In the terms of the capitulation as set out in the statement made by General Percival, Lieu-tenant-General Bennett’s failure to surrender endangered his command and rendered voidable the Japanese offer of capitulation. Major-General Lloyd said he did not question the necessity for capitulation at Singapore. Once the capitulation was constitutionally signed scrupulous adherence to it was a question of international law. ” Mr. B. Clancy (representing Lieu-tenant-General Bennett): Before General Bennett had any right to escape he had to allow himself to be captured. Major-General Lloyd: That is my view. Mr. Clancy: If he didn’t escape and no Japanese came to him he should ‘have gon'e to them and said ‘Here I am. Take me?’ M'General Lloyd: He should

have awaited the orders of his supererior officer, General Percival. The Commission adjourned-until Monday.