Tom Fitzgerald provided the following Affidavit for War Crimes in the matter of KIYOTO USA – named Scarface by the POWs. It outlines the unprovoked brutality, indeed the depth of brutality and spitefulness meted out to POWs, all of whom are sick; some more seriously than others. By May 1945 all POWs would have been classified ‘unfit’ -they had been POWs for more than three years, worked at slave labour, beaten, starved and subjected to tropical illnesses for which they possessed little or no medicine. By this time of the war, IJA and Japanese guards were very much aware Japan was facing defeat. Their army had been withdrawing for sometime. Food was scarcer than ever and Allied bombing occurred every day.