Balibo Inquest - Recognising 30 years of pro bono work
Remarkable headlines were created on 30 May 2007 when counsel assisting the “Balibo
5” coroner’s inquest, Mark Tedeschi S.C., told the inquest that there was incontrovertible
evidence that the five Australian based television crew didn't die in crossfire during the
Indonesian invasion of East Timor in October 1975, as had been the finding of previous
inquiries, but were deliberately killed by the Indonesian special forces acting on the
command of their superiors in Jakarta. Also remarkable is the story of the pro bono legal
work done in this matter over the past 30 years for the families of the deceased who
continue to search for the truth about their relation’s deaths.
At the heart of the story is the Australian Section of the International Commission of
Jurists (“the ICJ”) who ever since the killings took place in 1975 have been seeking to
have the rule of law apply to the facts. The ICJ’s arrogated mandate is to encourage
lawyers to use their specialised knowledge and expertise to forthrightly promote the
rights of all people that can only be truly protected through application of the rule of law.
The ICJ have provided jurists to collect first-hand evidence of atrocities committed in
East Timor prior to and following the 1999 independence referendum. They have
prepared opinions, submissions and briefs and relentlessly pursued a process which might
reveal the truth.
Secretary General of the ICJ in the late 1970s, Mr Rodney Lewis is the solicitor, who has
acted pro bono for many years until legal aid was recently granted, for the families of the
deceased newsmen and, together with Catriona Cotton from NSW Legal Aid instructed
John Stratton SC, a public defender, appeared throughout the recent 6 week hearing
which had over 40 witnesses and 80 exhibits. They were supported by staff from the
Coronial Inquest Unit of NSW Legal Aid.
The story commences in January 1977, when Rodney Lewis and John Dowd, now Chair
of the Executive Committee of the ICJ Geneva, applied for a visa to visit East Timor with
a view to collecting evidence about the killings but were refused visas. The reason given
was that it was not safe for them to visit. Lewis was denied on another 4 occasions over
the following 20 years.
As at February 2007 when the current coronial hearing got underway there had been 7
inquiries and 2 books written about the matter, the key inquiries being those conducted
by former National Crime Authority chief, Tom Sherman in 1996 and 1999 when he
concluded that the journalists were killed inadvertently in crossfire.
The idea for the current inquest came from a colloquium convened by the ICJ in 1977 at
UNSW which was attended by relatives of the deceased, practising lawyers and
academics. Following this colloquium, George Masterman QC, an ICJ member himself,
provided an opinion that the NSW coroner might have jurisdiction over the death of then
Channel Nine journalist and NSW resident, Brian Peters even though he was a British
national. In late 2000, sister of Brian Peters, Maureen Tolfree came out from the UK,
and with Rodney Lewis, formally reported her brother’s death to the NSW coroner, 25
years after it occurred. They requested that there be a coronial inquest into his death.
A number of barristers including Daniel Brezniak and Robert Dubler prepared
submissions to the Coroner and many undertook other preparatory work on a pro bono
basis. The work was overseen by President of the Australian ICJ, John Dowd.
In June 2005 NSW Coroner, John Abernathy, announced that the NSW Coroner’s office
did have jurisdiction and an inquest would be held. Discussion commenced about
possible dates for a hearing. In late 2006 a successful application was made to NSW
Legal Aid for assistance with the hearings. Public defender John Stratton QC , was
assigned as counsel for the families of the deceased and staff from the coronial inquest
section of NSW Legal Aid would assist Rodney Lewis with running the matter.
The current inquiry hearings commenced in February 2007 before the Deputy Coroner,
Dorelle Pinch and final submissions were heard in early June 2007. The Coroner has not
yet handed down her findings.
This is a remarkable story of a group of lawyers with an unfaltering view over a period of
30 years about the importance of the Rule of Law and that access to justice must occur
for the families of the newsmen who were killed. These lawyers have not sought
recognition for the thousands of hours of unpaid work that they have contributed but it is
vital that we recognise them because they have shown us what fulfilling the professional
responsibility of being a lawyer can mean and their commitment should and no doubt will
inspire others to follow.
John Corker
Director
National Pro Bono Resource Centre
25 June 2007