Three pro-Russian separatists guilty over shooting down of flight MH17

Dutch judges hand down life sentences for the mass murder of 298 people, including 38 Australians, over the ‘grotesque’ downing of Malaysia Airlines MH17.

Family members of 298 passengers and crew cheered and sobbed with relief on Thursday when Dutch judges handed down life sentences to three Russian separatists found guilty of mass murder, by the “grotesque” and “cruel” downing of Malaysia Airlines MH17 over Eastern Ukraine eight years ago.

A fourth Russian separatist, the ex-Russian intelligence officer Oleg Pulatov, the only one of the four to have defended the charges, was found not guilty as the international court, sitting in Schiphol, rejected prosecution arguments he had links to the crew, which fired the BUK missile causing the deaths of all on board, on the basis of insufficient evidence.

But the court found that the Russia Federation was directly responsible and in charge of the fighting in the Donetsk People’s Republic (DPR), the separatist area in Eastern Ukraine where war had broken out in 2014.

The judges ruled that when MH17 was downed while flying between Amsterdam and Kuala Lumpur on July 17, 2014 the Russian Federation had been providing support in conflict, suppling arms and money, and military grade weapons as well as taking on a coordination role and instructing the commanders in the DPR. The court said there was evidence the separatists had direct communication with “Moscow” and “the Kremlin”.

In handing down the life sentences to the three, all of whom were tried in absentia, Chief Judge Hendrik Steenhuis said the “consequences are so severe, and (the defendants’) attitudes so detestable, a time limited sentence would not suffice.”

The three are liable for compensation to the families of 16 million euros, and it is expected that the Dutch government will pay the monies until being reclaimed from the separatists.

Judge Steenhuis added: “the proven charges so severe and so great, only the highest possible prison sentence is an appropriate punishment for what they did causing so much grief to so many relatives. The court cannot take away the pain and suffering but now after eight years and four months it has provided certainty as to who to blame and has provided some relief to the relatives.”

The guilty three: the former colonel in the Russian FSB and commander of the army in the DPR, Igor Girkin; his deputy and a former Russian intelligence officer with the GRU Sergey Dubinsky; and Ukrainian national Leonid Kharchenko, who was charged with escorting and guarding the BUK-telar, are unlikely to spend any time behind bars in the immediate future as Russia refuses to hand them over.

Relatives of Australian MH17 victims (from L to R) Meryn O'Brien and Jon O'Brien who lost their son Jack, Matthew Horder who lost his parents Susan and Howard, Paul Guard and his sister Amanda Koopman who lost their parents Jill and Roger speak to the media outside the Schiphol Judicial Complex. Picture: Getty Images.

Matthew Horder from the Sunshine Coast said it was important to hear in the judgement that what they had already learned about “the downing of mum and dad’s plane is true’’.

His parents, 62-year-old Susan and Howard, 63 had been returning from a European holiday when the Boeing 777 was shot out of the sky. They were among 38 Australians on the flight.

“It is not lost on us that the three found guilty might not see time behind bars … there still a little bit of a hollow feeling in terms of whether we have justice, but having the truth is very important,’’ said Mr Horder.

Girkin is currently believed to be on the front lines fighting for Russia in Ukraine.

Hundreds of relatives who attended the courtroom and overflow areas were emotional at the decision. Some sobbed, some gasped, others raised their arms in relief.

Dutch-American Thomas Schansman, who lost his 18-year-old son Quinn said: “You expect it, but you want to hear it. And that moment the judge said the verdict we were clapping and we said yes, this is it. And when we heard the first lifetime sentence, we said hey, this is number one. Then the second lifetime, this is number two. The third, number three. So you know that was the feeling in the room where I was sitting.”

Queenslander Paul Guard, who lost his Toowoomba parents, Roger and Jill, said outside the court: “The truth matters. That’s the main message here and where we stand here we say what happened is not acceptable. We don’t accept that we’ve lost our loved ones. These people were fighting an illegal war essentially, they were not entitled to shoot down any planes, let alone one with children and 298 people on board”.

Thomas Schansman speaks to media outside court. Picture; Jacquelin Magnay.

In an emphatic message to Russian president Vladimir Putin, Mr Guard added: “End this senseless violence, withdraw from Ukraine, you do not belong there, do not participate in this war. Ukraine has had enough.” He added that he holds Russia and Putin responsible for what happened to his family.

Sydneysider Meryn O’Brien wiped tears as she said she was relieved at the verdicts but while the process was meticulous and thorough and fair “it doesn’t change anything” having lost their son, 25-year-old Jack.

Her husband Jon O’Brien, said the court finding that Pulatov was found not guilty showed the process had integrity.

“I am disappointed in one sense but part of me is pleased about that because it does underscore the integrity of this process,’’ he said.

Judge Steenhuis said that the the situation for Ukrainians in the area was “appalling”, with one victim even falling through the roof of a house. He also confirmed that the bodies of two of those onboard have never been recovered.

Australian Federal Police assistant commissioner Peter Crozier said there were ongoing investigations as part of the Joint Investigation Taskforce.

“We won’t stop pursuing justice,’’ he said.

The court had found that MH17 was destroyed by a Buk missile fired from an agricultural field in Pervomaisky, near Snizhne in Eastern Ukraine, having accepted wide ranging evidence from whistleblower witnesses, thousands of telephone intercepts, video and photographic evidence and expert testimony.

The judges said the case didn’t show who gave the order to fire the missile, nor who the crew was.

“But anyone who used such a weapon will be aware of the enormous and crystal clear consequences it could have,” Judge Steenhuis said. “A weapon is not fired by accident.

The Court views the BUK missile was launched deliberately but they believed it was a military aircraft not civil and therefore it was done in error, but that doesn’t detract from the pre meditated intent to kill all on board”.

The court said it had rejected combat immunity for the separatists because only military members can make such claims.

“Russian needs to acknowledge the DPR and take responsibility for its combatants under its control, and the court finds this is not the case,’’ Judge Steenhuis said.

“Russia still denies having any involvement, and denied the separatists as being part of the Russian military at that time … they have no right to participate in hostilities let alone any right of immunity.’’

The judgement included testimony from a secret witness M58, who described the actual firing of a BUK missile hitting a military aircraft and the transition of joy to horror when it emerged was not a military aircraft but a commercial airliner.