AFP launches Balibo war crimes probe

9 Sep 2009, 2:30 pm   -   Source: AFP
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The Australian Federal Police has launched a war crimes investigation into the 1975 killing of five Australian newsmen at Balibo in East Timor.

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The Australian Federal Police has launched a war crimes investigation into the 1975 killing of five Australian newsmen at Balibo in East Timor.

Dateline: Remembering Balibo

Television journalists Greg Shackleton and Malcolm Rennie, cameramen Gary Cunningham and Brian Peters, and sound recordist Tony Stewart died in October 1975 after trying to capture images of Indonesian troops as they invaded the former Portuguese colony.

Then prime minister Gough Whitlam, and subsequent Australian governments, have claimed the men were killed in the crossfire between Indonesian troops and East Timorese Fretilin forces.

But in November 2007, the NSW deputy coroner Dorelle Pinch released her findings into the death of Mr Peters.

She referred the matter to federal Attorney-General Robert McClelland.

The Attorney-General's Department referred the matter, involving the deaths of all five men collectively known as the Balibo Five, to the AFP on Mr McClelland's behalf in January 2008.

"Allegations of war crimes committed overseas give rise to complex legal and factual issues that require careful consideration by law enforcement agencies before deciding to investigate," the AFP said in a statement.

The AFP started its investigation on August 20, 2009.

The families of the deceased were formally notified in writing on Tuesday.

"The investigation of war crime allegations can be problematic where witnesses and evidence are located offshore, or where a significant period of time has elapsed since the commission of the offence," the AFP said.

The AFP will refer its findings to the Commonwealth Director of Public Prosecutions (CDPP) if their investigation uncovers "sufficient material" to compile a brief of evidence of criminality or a real possibility of criminality.

It is then a matter for the CDPP to consider, in accordance with the prosecution policy of the commonwealth.

The standard of proof in a criminal proceeding is high, and differs from that of a coronial inquiry.

The AFP says it will continue to keep the families informed of major developments in the investigation.

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