Long road to Balibo justice

ArticleData Array ( [Article] => Array ( [article_id] => 1087342 [headline] => Long road to Balibo justice [abstract] => An AFP probe two years after the deaths of five Australian journalists in East Timor has been slammed as 'useless', as experts say convictions are unlikely.
[keywords] => balibo, indonesia, east timor, police [content] =>

Five families have waited 34 years for the convictions of those who killed their loved ones in the East Timor border town of Balibo in 1975.

However, an Australian Federal Police war crimes investigation into the deaths of the men who've become known as the Balibo Five seems unlikely to provide that justice, experts say.

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.

[start_date] => 09 September 2009 | 07:30:48 PM [comments_allowed] => 1 [source] => AAP [commentCount] => 0 [video] => [image] => Array ( [caption] => Television journalists Greg Shackleton and Malcolm Rennie, cameramen Gary Cunningham and Brian Peters, and sound man Tony Stewart died in October 1975. (AP) [useRegularImage] => 1 [media_library_id] => 120457 [site_id] => 1 [media_library_group_id] => 0 [media_usage_id] => 0 [filename] => site_1_rand_241454306_balibo_l.gif [title] => balibo-L_241454306 [description] => file:site_1_rand_241454306_balibo_l.gif [type] => [height] => 338 [width] => 450 [source] => [video_hi] => [video_lo] => [section] => [display_order] => 0 [create_date] => 2009-09-09 14:44:09 [active] => 1 [media_usage] => Article Large [usageWidth] => 300 [usageHeight] => 225 ) [imagePath] => http://media.sbs.com.au/news/upload_media/ [audio] => [reporter] => [relatedLinks] => Array ( [2] => Array ( [id] => 1087072 [label] => AFP launches Balibo war crimes probe [display_order] => 0 [type] => Article ) [1] => Array ( [id] => 1080577 [label] => Balibo filmmakers honoured in East Timor [display_order] => 0 [type] => Article ) [0] => Array ( [id] => 1058057 [label] => Balibo case is closed, says Indonesia [display_order] => 0 [type] => Article ) ) [relatedArticles] => Array ( [0] => Array ( [article_id] => 1058057 [headline] => Balibo case is closed, says Indonesia [abstract] => The new feature film about the Balibo Five may stir up fresh controversy in Australia but as far as Indonesia is concerned the case is closed. [content] =>

The new feature film about the Balibo Five may stir up fresh controversy in Australia but as far as Indonesia is concerned the case is closed.

Robert Connolly's film, which depicts Indonesian troops murdering the five Australia-based journalists in the East Timor border town of Balibo in 1975, will open the Melbourne International Film Festival on Friday.

The film's release comes nearly two years after NSW deputy coroner Dorelle Pinch found Indonesian forces deliberately killed the journalists to cover up their invasion of East Timor.

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

The film has reignited debate about the killings and there are hopes it will lead to legal action against the alleged leader of the attack team, Yunus Yosfiah.

Yosfiah, who is now a politician, has repeatedly declined to comment on the film's release and could not be contacted on Friday.

But Indonesian foreign ministry spokesman Teuku Faizasyah was maintaining the crossfire explanation.

"The film may stir some controversy in Australia," he told reporters.

"But for us, it's a finished problem, case closed."

Indonesia regarded the film as a work of fiction, he said.

"Because the fact is the Australian government itself has stated it was an accident, that they were in the wrong place at the wrong time."

Controversy stemming from the film would not harm bilateral relations between the countries, he said.

"This case has been up and down from time to time but it's never bothered the bilateral relationship of our two countries."

[content_type_id] => 3 [site_name] => World News Australia [articledate] => 24 July 2009 [articletime] => 24 July 2009 [display_order] => 0 ) [1] => Array ( [article_id] => 1080577 [headline] => Balibo filmmakers honoured in East Timor [abstract] => The filmmakers behind the political film Balibo have been awarded the Presidential Medal of Merit in East Timor, in recognition of their contribution to the fledgling nation. [content] =>

The filmmakers behind the political film Balibo have been awarded the Presidential Medal of Merit in East Timor, in recognition of their contribution to the fledgling nation.

President Jose Ramos Horta presented director Robert Connolly and Producer John Maynard with the medal at a special ceremony in Dili.

The event coincided with the country's 10th anniversary celebrations.

The film follows the story of six Australian journalists killed in East Timor in 1975 by invading Indonesian soldiers.

The Presidential Medal of Merit is a special honour that is only awarded to those who have made a great contribution to the country.

SBS became the first institution to receive the award for excellence in journalism earlier this year.

"For 20 years or more, I have always had fond memories and respect for this institution," Dr Ramos-Horta said.

Meanwhile the awards, which were also attended by the film's star Anthony LaPaglia, followed seven nights of screenings of Balibo, which has been dubbed into the Tetun language of the local population.

The film, about six Australian journalists killed in East Timor in 1975 by invading Indonesian soldiers, has been shown around the country on an inflatable screen, accompanied by Maynard and actor Tom Wright.
   
Maynard said it was a humbling experience to be able to show thousands of people in East Timor the movie, which is the first feature film made in the country.
   
"This was a once in a lifetime experience for us, as well as the Timorese audiences who were, for the very first time, seeing a feature film dubbed in their own language about events in Timor," Maynard said.
   
"Men, women and children were moved to tears as they sat on the ground and watched what was for many, part of a hidden history and for some, a painful memory."

Balibo is currently screening around Australia.

It has taken $643,093 so far at the box office but will expand to more than 50 screens from mid September.
 

[content_type_id] => 3 [site_name] => World News Australia [articledate] => 31 August 2009 [articletime] => 31 August 2009 [display_order] => 0 ) [2] => Array ( [article_id] => 1087072 [headline] => AFP launches Balibo war crimes probe [abstract] => The Australian Federal Police has launched a war crimes investigation into the 1975 killing of five Australian newsmen at Balibo in East Timor.
[content] =>

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.

[content_type_id] => 3 [site_name] => World News Australia [articledate] => 9 September 2009 [articletime] => 9 September 2009 [display_order] => 0 ) ) [comments] => Array ( ) ) [winston] => test )