In November 1940 Miers was given command of HM Submarine
Torbay. While working up,
Torbay collided with the British tanker
Vancouver in
Loch Long though no serious damage was caused.
Torbay began its first patrol in March 1941. The submarine left at very short notice, with half the crew on leave and replaced by members of the spare crew of the
depot ship, the reason being that the German
battleships
Scharnhorst and
Gneisenau had arrived at
Brest and the Royal Navy wanted them shadowed in case they sailed for the Atlantic sea lanes. The submarine later continued to
Gibraltar, then
Alexandria, Egypt to join the
1st Submarine Flotilla. On 27 April 1941, while on patrol off
Cape Ferrato, Miers attacked a two-masted single-funnelled merchant ship of about 4,000
GRT.
Torbay fired two torpedoes but both missed.
Torbay's third war patrol was in the northern Aegean Sea. On 28 May 1941,
Torbay sank two Greek
caiques with gunfire, then torpedoed and damaged the Vichy French tanker
Alberta off Cape Hellas. In 1989 former Royal Naval officer and broadcaster
Ludovic Kennedy published his autobiography, in which he describes "a submarine atrocity" on the night of 9 July 1941, which gave rise to the accusation of war crimes. According to the accounts, on two separate occasions Miers ordered the machine-gunning of several shipwrecked German soldiers in rafts who had jumped overboard when their vessels were sunk by the
Torbay. These events were witnessed and reported by acting
First Lieutenant Paul Chapman who reported "everything and everybody was destroyed by one sort of gunfire or another". Miers also made no attempt to conceal his actions, his patrol log recording: "Submarine cast off, and with the
Lewis gun accounted for the soldiers in the rubber raft to prevent them from regaining their ship..." When informed of Miers' actions, Flag Officer Submarines, Admiral
Max Horton wrote to the Admiralty about the possibility of German reprisals: "As far as I am aware, the enemy has not made a habit of firing on personnel in the water or on rafts even when such personnel were members of the fighting services; since the incidents referred to in ''Torbay's'' report, he may feel justified in doing so." The Admiralty then sent a strongly worded letter to Miers advising him not to repeat the practices of his last patrol. According to historian
Alfred-Maurice de Zayas in his 1979 work
The Wehrmacht War Crimes Bureau, 1939–1945, the incident was one of several instances of the Royal Navy sinking Greek ships believed to be transporting German soldiers and then firing on survivors in the water or in lifeboats. All reports of such incidents were investigated by the Wehrmacht War Crimes Bureau, which collected
depositions from surviving German and Greek witnesses supporting Kennedy's claims regarding the incident. By now, Miers had carried out nine successful patrols in HMS
Torbay in the Mediterranean theatre, had received the
Distinguished Service Order and
Bar, and had been promoted to commander in December 1941. The citation in the
London Gazette read: His VC is on display in the Lord Ashcroft Gallery at the
Imperial War Museum, London. From July 1944 he was Commander (Submarines) of the
8th Submarine Flotilla in the Far East based at
Trincomalee, Sri Lanka and later
Fremantle, Australia. ==Post war==