International investigators present their latest findings in the downing of Malaysia Airlines flight MH17, nearly five years after the crash that killed 298 passengers and crew, in Nieuwegein, Netherlands, June 19, 2019. — Reuters pic

AMSTERDAM, March 8 — The Netherlands will put four people on trial tomorrow over the downing of flight MH17 over Ukraine in 2014, giving families hope of justice even if the suspects are not in the dock.

For more than five years, relatives have called for the prosecution of those responsible for shooting down the Malaysia Airlines Boeing 777 with the loss of all 298 men, women and children on board.

The flight travelling from Amsterdam to Kuala Lumpur was torn apart by a Russian-made missile over part of eastern Ukraine held by pro-Moscow rebels, spreading bodies and debris over a wide area.

Members of the Malaysian media here to cover the start of the trial were given a briefing by Press Secretary for the judges Yolande Wijnnobel on what to expect at the start of the trial.

With just one more day to go for the much-anticipated trial, Malay Mail compiles five things to note when the four accused are brought to face justice.

What happens at the start of the trial?

The trial takes place at The Hague District Court’s high-security facility next to Schiphol International Airport where the ill-fated flight took off. It is taking place here because the plane to Kuala Lumpur left from Schiphol and 196 of the passengers were Dutch.

The Netherlands also took the lead in the subsequent Joint Investigative Team (JIT), which also involved Australia, Belgium, Malaysia and Ukraine.

Netherlands Press Secretary for the judges Yolande Wijnnobel (left) speaks to members of the Malaysian media at the temporary press centre that has been set up in Amsterdam, in anticipation of Monday’s trial. ― Picture by Thasha Jayamanogaran

Wijnobel explained that the start of the trial could be largely procedural at first, “the presiding judge will first introduce the bench the judges, to see who has appeared in court whether a counsel will represent the suspects, whether suspects themselves appear in court, whether relatives are present and find out what their intentions are — if they would they like take advantage to address the court.

“The judge will also look into to what degree the case file is complete, he will enquire if further investigation activity is underway... he will also turn to the defense counsel and ask them if they had an opportunity to read the case file.

“Because it’s a big set of documents. And he will further ask the defence if they have further wishes or requests. So it will be procedural at first.”

Wijnobel said the first two weeks have been scheduled for the first proceedings.

The trial is expected to run through 2020 and may be longer in the event of delays.

The trial will be conducted in Dutch, with translations available in English.

A media centre has been built outside the stark concrete building to house more than 400 journalists from around the globe.

Who are the four accused?

The four on trial are: Three Russians — Igor Girkin, Sergei Dubinsky and Oleg Pulatov, and a Ukrainian, Leonid Kharchenko.

Prosecutors say the suspects were all linked to the separatists and were instrumental in bringing the missile to Ukraine even if they did not pull the trigger.

However, none is expected to be at the high-security court near Amsterdam’s Schiphol Airport on Monday, but family members will be out in force for the start of what is expected to be a year-long trial.

They are charged with murder and deliberately and unlawfully destroying an aeroplane, leading to the deaths of the 298 people on board.

According to Dutch prosecutors, the four suspects “closely worked together to obtain the BUK missile and set it up with the aim to shoot down a plane.”

Girkin, also known by his pseudonym “Strelkov”, is the most high-profile suspect — a former Russian spy and historical re-enactment fan who helped kickstart the war in Ukraine.

Dubinsky, who has also been tied to Russian intelligence, allegedly served as the separatists’ military intelligence chief and was allegedly responsible for requesting the delivery of the missile.

Pulatov was an ex-Russian special forces soldier and one of Dubinsky’s deputies who allegedly helped transport the missile system to Ukraine, while Kharchenko allegedly led a separatist unit in eastern Ukraine and secured the missile launcher.

Investigators say they are still trying to track the crew of the BUK, which originated from the Russian army’s 53rd Anti-Aircraft Missile Brigade based in the city of Kursk.

They are also seeking information implicating “high-ranking” Kremlin officials.

The Dutch legal system

The trial will be heard by a panel of three Dutch judges. There will be no jury, and it will follow the European Inquisitorial-style, meaning the judges will take an active role in establishing the facts of the case.

Two more judges are expected to appear in a reserve capacity.

In Malaysia the court is more of an impartial referee between prosecution and defence who give different narratives, this is different compared to the Netherlands where the court is actively involved in investigating the fact of the case.

Wijnobel explained that two lawyers have confirmed their intent to represent one of the suspect, however, she can’t specify which lawyer due to privacy regulation.

“If no council appears for the other three suspects then the court will focus on whether the suspects were correctly summoned to the proceedings if it’s also reasonable to believe those suspects knew the trial was going to start on Monday.

“If the court decides that: yes the suspects should have known that it was the beginning of the trial, then the court will proceed... proceed in their absence and in this case it will be a trial in absentia.

“The lawyer representing the suspect — the rule is the lawyer must be a Dutch lawyer. This is a Dutch criminal case before a Dutch court, only dutch lawyers can represent the accused here,” she said.

On witnesses expected to be called during the trial, Wijnobel said judges will only come to this when they actually study the case file and hear the case in court.

“So on how many witnesses are there, what type and what they have said..all that will come at a later stage,” she said.

Under international law, the men are accused of being “co-perpetrators”, which does not mean they physically pushed the button but rather that their deliberate actions enabled MH17 to be shot down.

If found guilty, sentences can range from 30 years to life as well as a fine of up to €87,000 (RM403,070).

Access for families during trial

For the families of the victims, the trial is the latest development in a constant stream of news since they received devastating phone calls telling them that their loved ones had been killed.

“We quite understand that travel distance and the cost involved would prevent many people from attending. For that reason we have established a live stream, people all around the world can follow these proceedings, from the moment the court hearing opens in the morning. The live stream will be in English.

“They (the families) are welcome to attend these proceedings, but even if they are not present ...they can be involved... there are ways they can do that, they can lodge a claim for compensation ... when they lodge such a claim they will set out the harm they have suffered and they will set out the damages they want to receive because of that.

“The families also have the right to address the court, they don’t have to do that orally, instead they can submit a written victim impact statement and the court will take their time to review the statements in court, so they will have to opportunity to really express what the consequences of the crash have been for them,” Wijnobel explained.

The JIT has said that this is the largest criminal investigation in Dutch history, investigators had painstakingly reconstructed the events leading up to and on July 17, 2014.

Police and prosecutors examined tens of thousands of pieces of evidence, including videos, communication taps, satellite imagery, photos and social media posts.

Among the evidence are images plotting the missile launcher’s journey as it crossed into Ukraine ahead of the disaster.

A reconstruction is expected to be presented by prosecutors.

What the trial expects to establish?

Members of the media were told during a press briefing that authorities are hopeful that this trial can conclude who actually fired the missile, who are the people with command responsibility who knew or should have known what happened or what was about to happen.

The trial will also attempt to identify the people involved in making it possible (co-perpetrators) and people who tried to cover up or get rid of the evidence.

It remains to be seen whether the trial, expected to last months, will provide all the answers.



