KEY POINTS:
SYDNEY - Five Australian-based journalists, including New Zealander Gary Cunningham, who died in East Timor were deliberately killed by Indonesian troops, most likely with the sanction of senior military officers, an inquest in Sydney has been told.
Deputy New South Wales Coroner Dorelle Pinch is inquiring into the death of Brian Peters in the East Timorese border town of Balibo on October 16, 1975.
Peters, Cunningham, Greg Shackleton, Tony Stewart and Malcolm Rennie -- known as the Balibo Five -- were killed as Indonesian troops advanced into the area.
In his final submission to the inquest, counsel assisting the coroner Mark Tedeschi QC, today told Glebe Coroner's Court that evidence disproved initial reports that the five men were killed in crossfire between Indonesians and troops defending East Timor.
"The journalists were not killed by being caught in crossfire ... but rather were deliberately killed by the Indonesian troops who had arrived at the Balibo town square," Mr Tedeschi said.
He said the journalists had been attempting to surrender to the troops, who were headed by Captain Mohammad Yunus Yosfiah.
"At least three of the journalists were shot by Indonesian troops after an order was given by Captain Yunus Yosfiah ... who also joined in the shooting of those three," Mr Tedeschi said.
He argued that such drastic action would only have been taken with the sanction of officers superior to those on the ground at Balibo.
"We submit that it is highly unlikely that a mere captain would have made the extraordinary decision to kill five Australian journalists without the sanction of his superior officers," Mr Tedeschi said.
Mr Tedeschi said the Australian prime minister at the time, Gough Whitlam, had several times warned the Indonesian president that in the event of unilateral military action in East Timor the Australian government would be obliged to issue a formal objection.
"The Indonesian government and senior military officers were well aware in October 1975 that any media reports of the involvement of Indonesian soldiers in the early attacks on East Timor border areas would result in formal Australian objections to their actions and, most likely, objections from other countries around the world and in the United Nations," he said.
Mr Tedeschi argued that by providing Australian authorities with advance warning of their military operation in East Timor, the Indonesians had planned to compromise Australia's reaction to the invasion.
If the coroner accepted this, "it is apparent that the Indonesian leaders engaged in a masterful power play ... using Australian leaders and departmental officers as their pawns," Mr Tedeschi said.
"The whole gambit, however, depended upon no reliable news getting into the public arena about Indonesian involvement in the attacks on Balibo and Maliana, and in particular no film footage," he said.
The inquest is continuing.
- AAP