http://www.theage.com.au/news/national/fury-over-timor-inquest/2007/05/30/1180205338446.html
Fury over Timor inquest Mark Forbes Jakarta and Hamish McDonald, Sydney May 31, 2007 Four of the journalists killed in Balibo in October 1975, (from left) Channel Nine's Brian Peters, Channel Seven's Gary Cunningham, Greg Shackleton and Tony Stewart. THE inquest into the 1975 killings of five Australian newsmen in East Timor is threatening to blow up into a new diplomatic row with Jakarta, after it heard that two former Indonesian army officers should be prosecuted for war crimes over the deaths. The explosive recommendation came a day after a senior Indonesian politician stormed out of Australia over what he called a "humiliating" attempt by people involved with the Sydney inquiry to get him to testify. Jakarta Governor Sutiyoso, a possible presidential candidate in 2009, was meeting Foreign Minister Hassan Wirayuda last night to discuss his treatment in Australia. The Sydney inquest is examining the death of Brian Peters, one of the five Australian-based newsmen killed in the town of Balibo as Indonesian troops invaded East Timor on October 16, 1975. Earlier yesterday, counsel assisting the inquiry, Mark Tedeschi QC, said there was evidence Mr Peters and the other newsmen - Greg Shackleton, Gary Cunningham, Tony Stewart and Malcolm Rennie - were deliberately killed by Indonesian soldiers, contradicting previous Australian inquiries that concluded they died in crossfire. And in a recommendation that could infuriate Jakarta, Mr Tedeschi said two of the alleged Indonesian perpetrators should be prosecuted in Australia for war crimes under the 1947 Geneva Convention. While the names of the two are in a confidential submission, it is assumed from Mr Tedeschi's statements that one of them is Mohammed Yunus Yosfiah, who led the covert Balibo attack as a special forces captain and later rose to lieutenant-general before becoming Indonesia's minister of information in 1998-99. He now lives in Bandung, Indonesia. "At least three of the journalists were shot by Indonesian troops after an order was given by Captain Yunus Yosfiah, who was standing at the front of his troops," Mr Tedeschi said. "He also joined in the shooting of those three." The other man referred to by Mr Tedeschi is believed to be Christoforus da Silva, a non- commissioned officer of the special forces in the Balibo attack, who later became a district official in East Timor during Indonesia's 24-year occupation and is now thought to be retired on the island of Flores. Mr Tedeschi said da Silva had trapped one of the journalists who had fled into an outhouse of the building where the other four were killed. "When the journalist came out, da Silva stabbed him in the back with a military knife, killing him," he said. There was no immediate response in Indonesia to Mr Tedeschi's final submission. However, the incident involving the Jakarta Governor received widespread media coverage in Indonesia, prompting a rowdy protest by several hundred chanting demonstrators outside the Australian embassy in the capital yesterday. They attempted to storm the compound, but were forced back by more than 100 police. Hoping to prevent the row exploding further, Australian officials have told Indonesian journalists that the Government in Canberra was not involved in the attempt to call the Governor. An embassy spokesman said the countries had a broad relationship and the capacity to "manage any issue that arises". Although the Indonesian administration was upset by the incident, senior sources suggested it would not evolve into a full-scale diplomatic rift, as they accepted Canberra was not behind the inquest. After flying out of Australia on Tuesday night, Governor Sutiyoso gave an angry media conference yesterday. "I feel deeply humiliated by the incident in my position as an official of a sovereign country," he said. Governor Sutiyoso said he was owed an apology and felt "very harassed" after a NSW police officer confronted him in his room, requesting his testimony at the inquest into the deaths of five newsmen. The retired lieutenant-general was a deputy commander of an Indonesian unit during the invasion of East Timor, but he denied his troops were involved in the attack on Balibo. Governor Sutiyoso alleged the policeman and a court official entered his hotel room on Tuesday afternoon using a master key as he was resting. "I want them to apologise," he said. "We'll see if the Australian Government extends an apology stating that it was due to perhaps incompetence, then we would consider to continue the sister-city relation between Jakarta and New South Wales." The incident would be over diplomatically if an apology was received, Governor Sutiyoso said. As head of Indonesia's capital, which has a population of more than 12 million, Governor Sutiyoso has a status closer to an Australian premier than a mayor. It emerged yesterday that the Department of Foreign Affairs and Trade headed off a deeper confrontation on Tuesday, when it heard of a move to subpoena Governor Sutiyoso. The Department admitted that its solicitors "drew to the attention" of Deputy State Coroner Dorelle Pinch provisions of the Foreign States Immunities Act in relation to domestic court orders being applied to foreign leaders.
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