Budget 2018: $50m stake in MH17 joint prosecution

Australia will contribute $50m to help The Netherlands prosecute those accused of downing Malaysia Airlines flight MH17 in 2014.

Relatives attend the unveiling of the National Monument for the MH17 victims in Vijfhuizen, 2017. Picture: AFP

Australia will contribute $50 million over four years to help The Netherlands prosecute those accused of downing Malaysia Airlines flight MH17 in 2014 over Ukraine.

On July 17, 2014, the Boeing 777 was flying from Amsterdam to Kuala Lumpur when it was hit by a Russian Buk missile over eastern Ukraine, killing 298 passengers and crew, including 38 Australians.

After a joint probe involving Australia, Dutch prosecutors have signalled they are keen to pursue a trial, even if the accused are not in the stand, The Australian reported in March.

“We want to have people on the stand, of course,” chief prosecutor Fred Westerbeke said, “but if they are not there or if we cannot arrest or find them, there is a possibility to (prosecute) in absentia.”

Mr Westerbeke and Dutch National Police chief superintendent Wilbert Paulissen visited Canberra that month to meet the Australian Federal Police and other agencies.

The joint investigation involves The Netherlands, Australia, Belgium, Malaysia and Ukraine. Australia has deployed nine AFP officers to The Hague and Ukraine as part of the team.

No charges have yet been laid. Any prosecution would likely take place in The Netherlands, where authorities plan to use a new law aimed specifically at acts that bring down planes.

The Turnbull government said the $50m would help meet Australia’s share of prosecution costs and help victims’ relatives attend and participate in court proceedings.

“The funding also provides for the continued operation of Australia’s embassy in Kiev and additional resourcing to support Australia’s involvement in the prosecution,” budget papers say.

While Russia has denied any responsibility and involvement in the tragedy, the Dutch Safety Board and a joint investigation team say a Russian Buk anti-aircraft system was used.

The Bellingcat investigative group said the missile was from Russia’s 53rd anti-aircraft missile brigade. It alleged retired Russian colonel Nikolai Tkachyov, now chief inspector of Russia’s Central Military District, was “a figure of interest” in the downing of MH17.

The joint investigative group said the missile launcher was brought into Ukraine from Russia and returned across the border shortly afterwards.