An inquest will be held into the death of Balibo Five cameraman Brian Peters, killed 30 years ago in East Timor.
His sister, Maureen Tolfree, lodged an application for an inquest in June last year and NSW State Coroner John Abernethy agreed to hear the case. The Channel Nine cameraman was one of five Australian based journalists killed during an attack on the Timorese border town of Balibo in October 1975.
Official reports maintained the men – Greg Shackleton, Gary Cunningham, Tony Stewart, Malcolm Rennie and Mr Peters – were killed in crossfire, but their families insist there was a cover-up and they were murdered.
There have been two inquiries, in 1996 and 1999, into the deaths, but no inquests were ever held.
Counsel for Mrs Tolfree, Robert Dubler, said these inquiries were "inadequate", in light of fresh eyewitness evidence and new material. "It is common ground that the Sherman inquiries were inadequate and, given the evidentiary material now to hand, reached erroneous conclusions," Mr Dubler said, in written submissions tendered to the court.
He said there was significant public interest in re-opening the case. "The deaths of the Balibo Five have been controversial and, despite occurring some 30 years ago, have been the subject of continuing public interest," Mr Dubler said.
"Given the additional new material which is now available... an inquest will necessarily provide greater illumination of the circumstances surrounding the deaths than has hitherto been provided to the Australian public and relatives of the deceased." Mr Dubler said the inquest need not be confined to Mr Peters' death, but would be a "representative inquest" into the deaths of all five journalists.
Mr Abernethy said he would not be considering any subsequent action by the Australian government in 1975, or political events surrounding Mr Peters' death.
"I'm not conducting an inquest into any events of 1975... these are far too remote in terms of manner and cause of death," Mr Abernethy said. "I will be looking at whether Mr Peters was in fact murdered and if so, by whom," he said.
Mr Abernethy adjourned the case until December 9, with the inquest expected to begin early next year.