Press Release from the Australian Federal Police
On 16 November 2007, the New South Wales Deputy State Coroner released her findings in relation to the death of Mr Brian Peters in East Timor in 1975, and formally referred the matter to the Commonwealth Attorney General.
The Attorney General’s Department subsequently referred the matter, involving the deaths of all five persons collectively known as the Balibo Five, to the Australian Federal Police (AFP) on his behalf on 17 January 2008.
Allegations of war crimes committed overseas give rise to complex legal and factual issues that require careful consideration by law enforcement agencies before deciding to investigate.
On 20 August 2009, the AFP commenced an investigation into this matter.
The families of the deceased were formally notified in writing on 8 September 2009.
The investigation of war crime allegations can be problematic where witnesses and evidence are located offshore, or where a significant period of time has elapsed since the commission of the offence.
If the investigation reveals sufficient material to compile a brief of evidence of criminality or a real possibility of criminality, then the AFP will refer that information to the Commonwealth Director of Public Prosecutions (CDPP). It is then a matter for the CDPP to consider, in accordance with the Prosecution Policy of the Commonwealth. The standard of proof in a criminal proceeding is high, and differs from that of a coronial inquiry.
The AFP will continue to keep the families informed of major developments in the investigation.
As this is an operational matter it is not appropriate to comment further.