Long road to Balibo justice

Dateline: Remembering Balibo

The inquest dismissed claims by successive Australian and Indonesian governments that Australians Greg Shackleton and Tony Stewart, Britons Brian Peters and Malcolm Rennie and New Zealander Gary Cunningham were accidentally killed in crossfire.

Police are at pains to point out the difficulties associated with any investigation, citing "complex legal and factual issues" that delayed the decision to investigate.

"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 families of the slain men are glad something is being done after decades of inaction.

"We have been running a marathon and we have just jumped the first hurdle," said John Milkins, son of Gary Cunningham.

"This is the first major step in the investigation of war crimes and this is something, as Kevin Rudd said shortly before he was elected in 2007, that must be followed to its logical conclusion."

Mr Cunningham's brother Greg admitted to being a little cynical but also welcomed the investigation.

"At least we have something happening," he told ABC Radio.

"I don't see why it has to take so long ... I think if there was the will they could have done something before."

The investigation comes after last month's release of the film Balibo, which has reignited community passion about the deaths of the newsmen.

Flinders University legal expert Grant Niemann believes the renewed focus on the issue could have prompted authorities finally to act, though he warned there was a long road ahead before anyone might be brought to justice.

"The problems are numerous. The delay is a real problem because the evidence isn't fresh," he told AAP.

The legal basis for any case is also an issue.

"If they got the defendants here ...  they could possibly prosecute them as a breach of the Geneva Convention, but that is a very long bow," Mr Niemann said.

Aside from the legal difficulties of pursuing the case, the investigation is likely to test relations between Canberra and Jakarta.

Indonesian foreign affairs spokesman Teuku Faizasyah said the case should not be resurrected.

"In our view, this case is closed and should stay closed," he said.

Theo Sambuaga, head of an Indonesian parliamentary commission that oversees security and foreign issues, said the probe would be a waste of time and only harm relations between the countries.

The Rudd government wouldn't comment, referring AAP to the police statement.

Despite strong language after the coronial findings - released just days before the 2007 election - the government effectively wiped its hands of the matter after referring it to the AFP.

"Those responsible should be held to account," Kevin Rudd, then opposition leader, said at the time.

Robert Dubler, the lawyer for Brian Peters' sister Maureen Tolfree, told AAP there appeared to be a lack of political will to pursue the Balibo case.

"To take two years to announce an opening of an investigation doesn't show they're moving very quickly or necessarily that there's a lot of political will behind it," he said.

Australian Greens Senator Bob Brown, who has long followed the issue, welcomed the investigation.

"(But) it is a matter of concern it has taken so long since the NSW magistrate recommended that action be taken," he said.