FAILURE ALLEGED

New Zealand Herald, Volume 82, Issue 25346, 30 October 1945, Page 5

FAILURE ALLEGED

DUTY AS COMMANDER PROSECUTION'S CASE MWS OF WAR BROKEN (B«cd. 8.10 p.m.) NEW YORK, Oct. 29 When the trial of General Yarnaghita opened the Military Commission rejected a motion by counsel for the defence that the case be dismissed because the Court lacke'd jurisdiction. The chief prosecutor, Major Robert Kerr, said the atrocities were so notorious and flagrant that they must have been known to Yamashita. The prosecution would base its case on the allegation that Yamashita failed to discharge his duty as commander, to control the operations of his command, in permitting the continuation of atrocities of which he must be aware, thereby violating the laws of war. Following the hearing of the case of the Red Cross building massacre the prosecution will present the case of the alleged torture and execution of 20 civilians in Manila. The third count alleges 123 separate atrocities and concerns the massacre at De la Salle Religious College, Manila. Brother Xavier, who was the college rector, Judge _ Carlos and 40 other civilians, including women and children, are alleged to have been brutally killed vby Yamashita's troops during a week's reign of terror at the college. The indictment alleges that some of the loss fortunate victims were those who lived. The atrocities included rape. These charges represent a fair cross lection of the charges to b» preferred, although some of the other atrocities alleged are even more shocking.