1. After conferring with Mansfield, Minister desires Bailey to appear before War Crimes Commission when First Australian List of Major Japanese War Criminals is considered.  He should stress the following points:
(i) Question for Commission now is not whether Hirohito is guilty but whether there are grounds for establishing prima facie case of guilt with view to further examination of evidence. See preamble to list paragraph 3. 
(ii) Under the Japanese constitution war could not be made without the sanction of the Emperor whose control over the Japanese people and militarists was demonstrated by his role when the surrender was effected.
(iii) The Emperor issued rescripts on the declaration of war and subsequently.
(iv) The Emperor could have abdicated if he disagreed with the action of the militarists in preparing for, declaring or waging war.
(v) Atrocities by Japanese armies (as revealed for example in the Webb report ) were so widespread and persistent that it may be presumed they could not have been withheld from the Emperor in some form.
(vi) Justice Jackson's statement during the current Nuremburg trials determining that under the Paris Peace Pact  to which Japan was a party [the] head of a State who launches aggressive war is personally guilty as a War Criminal.
If the Commission is not yet satisfied to place Hirohito on its list of war criminals, Bailey should try to have the matter deferred rather than rejected.