MH17 disaster: calls for investigators to consider charging Malaysia Air

A US lawyer has questioned whether charges of criminal negligence should be laid against Malaysia Air, saying the airline should have ‘picked up a newspaper’.

Investigators pursuing those responsible for shooting down MH17 have been urged to consider criminal charges against Malaysia Airlines. Picture: Reuters/Maxim Zmeyev

EXCLUSIVE

THE team investigating the downing of MH17 is offering witness protection to people with insider knowledge about the BUK missile that killed 298 people on a Malaysia Airlines’ flight.

The Joint Investigation Team made up of police from Australia, the Netherlands, Ukraine, Belgium and Malaysia has formally called for witnesses involved in the transportation and/or launching of the missile on July 17, 2014, to come forward.

In return for their co-operation with the investigation and prosecution of the atrocity, witness protection, relief from criminal liability or a lighter sentence are being offered.

Flight MH17 was on its way from Amsterdam to Kuala Lumpur when it was shot out of the sky while flying over a war zone in eastern Ukraine.

Confronting “still” from the Dutch Safety Board’s report on the downing of MH17. Picture: Supplied

The US lawyer suing Russia on behalf of Australian and Malaysian families over the downing of MH17 yesterday welcomed the pursuit of those directly responsible.

But Jerry Skinner of LHD Lawyers said he would also like to see the JIT consider laying criminal charges against Malaysia Airlines for negligence.

“In the US it’s called criminally negligent homicide,” said Mr Skinner who is representing five Australian families bereaved by MH17 in lawsuits against Russia and Malaysia Airlines.

“You knew what was likely to happen if you continued to follow this route, and you knew on the day of this event there had been an increasing level of hostilities and equipment.”

US aviation lawyer Jerry Skinner is taking on Russia on behalf of MH17 families. Picture: Adam Smith

He said all Malaysia Airlines needed to do in the lead up to July 17, 2014 was “pick up a newspaper”.

“There was a city just outside of Donetsk subject to artillery bombardment and in the course of two days, 300 artillery shells were dropped on that city,” Mr Skinner said.

“With that level of violence going on in that city, why wasn’t somebody pursuing it further at the airline?”

Malaysia Airlines did not respond to questions yesterday about Mr Skinner’s assertions.

He is seeking a meeting with Malaysian Prime Minister Najib Razak, whom he believes “holds the key to resolving all or some of the claims against Malaysia Airlines”.

“I think if the Malaysian state whose aeroplane was shot down, would deal with their own liability they could become allies in the action against Russia,” he said.

The confronting reconstruction of MH17 by Dutch Safety Board investigators. Picture: AAP/Dutch Safety Board

His lawsuit against Russia and Vladimir Putin, filed in the European Court of Human Rights was still waiting to be heard.

“Russia hasn’t responded, even though they’re aware (of the case),” said Mr Skinner.

“They haven’t put up a defence. I don’t know if that’s a timing issue or if they don’t intend to make a defence.”

The lawsuit seeks $10 million compensation for each of the victims of MH17.

Claims made by Australian families against Malaysia Airlines over MH17 and the loss of MH370 will again go before the Federal Court in Sydney on March 28.

No settlements have yet been reached with Australian next of kin.