Indon anger at Balibo probe

The Age

Thursday September 10, 2009

By TOM ALLARD, JAKARTA and BRENDAN NICHOLSON, CANBERRA

INDONESIA has warned that its relations with Australia will be damaged by an Australian Federal Police war crimes investigation into the 1975 slaying of five journalists in East Timor.In a sharp official response to yesterday's announcement of the AFP probe, the Indonesian Government said it would not co-operate with investigators."We don't understand why past issues like this are being raised," said Foreign Ministry spokesman Teuku Faizasyah."It is not conducive to the bilateral relationship, especially when we are aiming at building something better between the two countries."The AFP has confirmed that it began a formal probe into the deaths of the five Australian-based newsmen on August 20.The investigation comes almost two years after NSW deputy coroner Dorelle Pinch found the five were executed in October 1975 by Indonesian Special Forces to stop them from revealing details of Indonesia's invasion of East Timor.Indonesia insists the men were killed in crossfire during the battle for the town.The AFP probe is likely to focus on Mohammad Yunus Yosfiah, an army captain at the time of the killings, and another soldier, Christoforus da Silva.The NSW inquest was told that Captain Yosfiah ordered the murders under instructions from two superiors, Colonel Dading Kalbuadi and Major-General Benny Murdani, both of whom have since died.The AFP investigation faces big hurdles, including whether Indonesia allows the extradition of Mr Yosfiah and Mr da Silva.It is also still to be seen whether Indonesia, and the men's families, will allow exhumation of their remains, which are believed to be in a single grave. It has been reported that one family does not want the grave disturbed.The AFP said investigating war crimes allegations could be difficult where witnesses and evidence were overseas and where considerable time had passed since the killings.But it said that if enough information and evidence of criminality were revealed, a brief would be referred to the Commonwealth Director of Public Prosecutions who would decide if the matter should go to court.Ms Pinch's 2007 findings followed an inquest into the death of one of the Balibo five, Channel Nine cameraman Brian Peters. Ms Pinch said Mr Peters was probably the first killed, followed by Malcolm Rennie and Channel Seven's Greg Shackleton, Gary Cunningham and Tony Stewart.The inquest found they were "shot and/or stabbed deliberately" by Indonesian forces.Mr Yosfiah, who has denied ordering the killings, served as a Minister for Information in the Government of B. J. Habibie after leaving the military and now lives in Jakarta. Mr da Silva is believed to live in Flores.Asked whether Indonesia would agree to their extradition, Mr Faizasyah was dismissive. "Our position is that it's case closed. We have no intention of re-opening this case."Former Jakarta governor Sutiyoso, whose Sydney hotel room was broken into by police seeking to summons him before the inquest, said he was puzzled by the AFP investigation. "What I know is that both governments, Indonesian and Australian, have decided not to reopen the case," he said. "Why do we have this now?"Sutiyoso was in the military and served in East Timor, but was nowhere near Balibo when the five Australians died.Analyst Hugh White of the Australian National University questioned the continuing focus on Balibo, and said the new probe would not help relations with Indonesia.Professor White said the killings were deeply disturbing at the time and he could understand why they continued to torment the men's families."But for the country as a whole, our obsession with what happened at Balibo in 1975 has started to become a distraction from a whole lot of much more urgent and important questions, which include the nature of Australia's relationship with the new Indonesia which is so different from the Indonesia of Suharto," he said.University of NSW academic and ex-army intelligence operative Clinton Fernandes applauded the probe. "Australian aid to Indonesia is half a billion dollars a year. There are 16,000 Indonesian students studying in Australia and $15 billion a year in bilateral investment and trade each year," he said."Considering that, [Indonesia] should not be making a fuss about extraditing someone like Yosfiah. He is a figure from the past."

© 2009 The Age

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