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Gough may be called over Balibo

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Australian Associated Press - December 9, 2005

Adam Gartrell – The sister of one of the Balibo Five journalists, shot dead in East Timor 30 years ago, wants former prime minister Gough Whitlam and several other high profile witnesses to front an inquest into his death.

But the New South Wales Government is moving to quash the subpoena applications, saying the evidence Mr Whitlam and others might provide is not directly related to the 1975 death of Channel Nine cameraman Brian Peters. The matter will be argued in court on December 21.

Peters' sister, Maureen Tolfree, lodged an application for an inquest in June 2004 and NSW State Coroner John Abernethy agreed to hear the case earlier this year.

Peters, a British national, was one of five Australia-based journalists killed during an attack involving Indonesian special forces troops on the Timorese border town of Balibo in October 1975.

Official reports say the men – Greg Shackleton, Gary Cunningham, Tony Stewart, Malcolm Rennie and Mr Peters – were killed in crossfire between Indonesian troops and Timorese militia, but their families insist there was a cover-up and they were murdered.

Ms Tolfree has asked the coroner to subpoena Mr Whitlam, who was prime minister when the shootings took place.

In a written submission to the Glebe Coroners Court, counsel assisting Ms Tolfree, Richard Lewis, said Mr Whitlam could give evidence about warnings he conveyed to Mr Shackleton before the journalist left for East Timor.

He also could give evidence about the information the Australian government received concerning the Balibo Five either before or after they were killed, Mr Lewis wrote.

Ms Tolfree also wants to subpoena other officials in office at the time, including ambassador to Indonesia Richard Woolcott, foreign minister Don Willesee and defence minister Bill Morrison.

East Timor's Foreign Minister Jose Ramos Horta and former Channel Nine executive Gerald Stone also could be called to give evidence.

All "could throw light on the issues" relevant to the inquest, Mr Lewis wrote.

But in a written submission tendered in the court today, Crown Advocate Richard Cogswell SC said the subpoenas should not be issued. "Findings as to manner and cause of death must be limited to the direct manner and cause of death," he wrote.

The state coroner should not interview the witnesses unless Ms Tolfree's representatives could give convincing arguments about the relevance of their evidence, he wrote.

Mr Abernethy has previously said he will not consider any political events surrounding Mr Peters' death, but would look at whether the cameraman "was in fact murdered and, if so, by whom".

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