10 Sep 2009

Fresh inquiry into Balibo Five deaths

3:44 pm on 10 September 2009

Australian police have launched a fresh investigation into the 1975 deaths of the Balibo Five in East Timor.

The Australian-based journalists, including New Zealand cameraman Gary Cunningham, were killed during the invasion of East Timor by Indonesian forces.

Australian television journalists Greg Shackleton and Malcolm Rennie, cameraman Brian Peters and sound recordist Tony Stewart also died.

Their families were notified about the investigation on Tuesday, the AAP reports.

The Indonesian government has always claimed that the men were killed in a crossfire, but in 2007 a Sydney coroner ruled that war crimes charges should be brought.

That decision was referred to police by the Attorney-General's department, prompting the fresh investigation.

The federal police will refer its findings to the Commonwealth Director of Public Prosecutions 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.

However, legal experts warn that investigators have a formidable task if they want to mount a successful prosecution.

Indonesian authorities are surprised by the announcement. Indonesia's Foreign Ministry says the investigation could become another hurdle in bilateral relations.

NZ family hope for prosecution

The brother of cameraman Gary Cunningham told Radio New Zealand the inquiry is a first step towards, hopefully, an eventual prosecution.

Greig Cunningham told the Checkpoint programme though the family is thrilled, they cannot understand why an investigation has taken so long.

Mr Cunningham says after 34 years of being stalled and misled, he is cautiously optimistic about the latest development.