Flight MH17 trial: Witnesses in the trial of four men accused of downing plane ‘fear for their lives’
Witnesses in the trial of four men accused of downing flight MH17 have spoken about fears for their safety, as prosecutors described how “delighted” the men were at news the jet had been shot down.
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Witnesses in the MH17 trial have said they fear for their lives because of Russia’s determination to thwart the case, stating they’re worried they could be attacked even on home soil.
Russians, Igor Girkin, Sergey Dubinsky and Oleg Pulatov and Ukrainian Leonid Kharchenko are on trial in Amsterdam.
They have been accused of the mass murder of 298 people, including 38 Australians, for their role in the downing of MH17 in July 2014.
Prosecutor Thijs Berger said that witnesses who had provided key details about allegations that Russia was behind the supply of the Buk-TELAR missile used in the attack needed to be protected.
“Several witnesses say they fear for their lives if their identities come to light,” he said.
“These (Russian) agencies have the capabilities to intercept communications and monitor people’s travel.
“In short witnesses in these criminal proceedings have a genuine threat.”
It comes as Girkin spoke out in an extraordinary interview where he dismissed the case, saying that he had been “accused of many things, not only by the Dutch court.”
Mr Berger said that “dozens” of witnesses would need to have their identity kept secret.
However, this safety measure would make it more difficult for the defence to mount their case.
He said that a way for the defence to question witnesses would need to be found.
Russia has been accused of attacks on foreign soil in recent years.
Sergei Skripal, a Russian double agent, was poisoned with a Novichok nerve agent in Salisbury, UK, in 2018.
His daughter Yulia was also poisoned, with former British prime minister Theresa May blaming Russia.
“This was not a rogue operation. It was almost certainly also approved outside the GRU at a senior level,” she said at the time.
Pulatov was the only suspect to take receipt of the case against him and send a lawyer to the court to defend him.
Mr Berger said that if he wanted to give evidence he must do so in person, either in Russia, or in The Netherlands, however he could not do so via video link.
Pulatov had lodged an appeal against witnesses anonymity, but Mr Berger said that more people were likely to be added to that list.
All four defendants were unlikely to present themselves to court, but prosecutors have been monitoring their comments during interviews and on social media.
Girkin said in an interview yesterday (Tuesday AEDT) that he blamed Ukraine for the downing of MH17.
“I wasn’t going to take part. I do not recognise the authority of the Dutch court on this matter. That’s it,” he said in a translated interview on the BBC.
“So what that I am being accused? I am accused of many things and not only by the Dutch court.
“I am a military man and I’m not going to accept that a civilian court in a foreign country has the authority to convict a person who took part in someone else’s civil war only because their citizens were killed.”
Girkin tried to shift blame for the horrific attack.
“Let them make claims against Ukraine. Let me repeat once again, the rebels did not shoot down the Boeing,” he said.
“I have nothing more to say.”
ACCUSED WERE ‘DELIGHTED’ OVER JET DOWNING
It comes as the victims of the MH17 were given the grace and dignity that they deserved as their names were read out in court.
As the four men went on trial at the Schiphol Judicial Complex near the city’s major airport, the prosecution case started with a solemn roll call.
For Serge and Vera Oreshkin, who lost their son Victor, 29, it was almost too much.
“That brings the day that I heard it on the phone, brings the memories back (from) five-and-a-half years ago when I received that morning phone call at work,” Mr Oreshkin said outside the court.
“However, we are glad to hear our son’s name to be remembered,” Mrs Oreshkin said.
“He’s not forgotten,” her husband added.
District Court Judge Hendrik Steenhuis made note of the “heavy silence” in the courtroom as the names were read out.
All 298 passengers, including 38 Australians, were killed, with the Boeing 777 destroyed.
Jon and Meryn O’Brien travelled from Sydney to see that justice was done for their son Jack, 25.
“The trial is important because the truth still matters,” Mr O’Brien said.
“You shouldn’t be able to murder 298 people and for there to be no consequences, regardless of who you are.
“So it’s important the truth about that is told.”
The four men on trial did not fire the deadly missile, but were crucial in getting into place in the disputed territory in Ukraine where it was launched, it was alleged.
“They were in command of others: they directed the Buk-TELAR (missile launcher) to the launch location, they talked during intercepted communications about the need for a Buk to serve their cause and whether ‘their’ Buk had done its job,” prosecutor Ward Ferdinandusse told the trial at the Schiphol Justice Complex.
“They noted with delight that an aircraft has been shot down, they directed others in the delivery of the system to the launch site and they organised the removal of the Buk-TELAR to the Russian Federation.”
None of the accused were in court, but Pulatov was represented by a lawyer, who denied his involvement.
Boudewijn van Eijck, for Pulatov, said his client had only had a few weeks to review the case file, which contained 36,000 documents and a large amount of media files.
He also argued that Ukraine was at fault for failing to close its airspace in the lead-up to the disaster.
Australian Federal Police Detective Superintendent David Nelson was part of the Joint Investigation Team that compiled the case against the four men.
“Today is incredibly important for the next of kin, they’ve been incredibly patient with us over the last five-and-a-half years while we’ve been doing the work that we’ve been doing,” he said outside court.
“And I’m just thankful that they, like the rest of the world, will actually get to hear all that evidence and all that detail over the coming year.”
‘THIS WILL BE A VERY PAINFUL AND EMOTIONAL PERIOD’
As the trial began on Monday, the court heard that MH17 victims will have the right to demand a tough sentence for the three Russians and a Ukrainian accused of murdering 298 people on the doomed jet.
They will also be able to file compensation claims over their loss and will be allowed to give evidence in court.
District Judge Hendrik Steenhuis said the case would be painful for those who lost family members.
“For the next of kin this will be a very painful and emotional period, there are many victims and of course many next of kin,” he said.
“Next of kin have the right to address the court on the impact of the loss of their loved ones. They will be able to take the floor here.”
He added victims’ families would be able to “address the sentence” the court should impose if the accused were found guilty.
Russians, Igor Girkin, Sergey Dubinsky and Oleg Pulatov and Ukrainian Leonid Kharchenko have been accused of mass murder for their role in the downing of MH17 in July 2014.
There were 38 Australians on-board the flight that left Amsterdam bound for Malaysia before it was shot down over disputed territory in Ukraine.
Pulatov was the only defendant who was represented in court on Monday night, with his lawyer confirming she was acting on his behalf.
He received a copy of the case against him in Russian. The three other accused did not turn up or acknowledge the case, with Girkin not being found at the address he supplied the court.
Skype messages and emails also failed to get a response.
Eliot Higgins, of online investigators Bellingcat, said the MH17 court case will hear details of links “very high in the Kremlin” who were supporting separatists in the area at the time.
“They are moving up the totem pole,” Mr Higgins said.
Maria Zakharova, a spokeswoman for Russia’s Foreign Ministry, rejected claims of Russian involvement.
“Unfortunately in this particular case I am 100 per cent sure that policy and politics is dominating,” she told the BBC on Monday.
“We are actually trying and we were trying very hard to co-operate with all the countries which are involved in this case.
“For decades we were and are being accused of evil in our planet. It’s not right, it’s ridiculous, it’s absolutely not right.”
Australia has signed on to continue investigations into MH17, along with authorities from Belgium, Malaysia, Ukraine and The Netherlands.
A deal to extend the investigation was announced on Monday after members of the Joint Investigation Team visited the MH17 memorial for a wreath laying ceremony.
“The prolongation ensures the investigation into the downing of MH17 continues unabated and in parallel with the trial of the four suspects,” the JIT said in a statement.
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The four accused have been linked to Russian authorities, who have been blamed for supplying the Buk missile used to shoot down the jet.
The case, which is being heard at the Schiphol Judicial Complex in the shadows of the airport from where MH17 departed on its journey towards Malaysia, has been slated for 25 weeks of hearings.
A result could be four to five years away, according to lawyers with knowledge of the case.
There are no extradition treaties in place so it was unlikely that the accused will ever be jailed unless they hand themselves in.