The Malaysian Bar is aware that numerous cases have been filed in our courts, by the next-of-kin of the passengers who lost their lives on board Malaysia Airlines flight MH370 en route from Kuala Lumpur to Beijing on March 8, 2014 (‘MH370 suits’).

The MH370 suits have been commenced pursuant to rights under the Convention for the Unification of Certain Rules for International Carriage by Air - more commonly referred to as the Montreal Convention - which Malaysia acceded to on Dec 31, 2007.

The relief sought in the MH370 suits include compensation for loss of support, aggravated damages and exemplary damages, as well as a public apology. It is noteworthy that under the Montreal Convention, these suits could have been initiated in any country. However, the next-of-kin litigants have chosen to put their trust in our courts.

It is therefore important that the MH370 suits are disposed of in a manner befitting the high confidence reposed in our Judiciary. Experienced Judges should hear these cases, and the litigants on both sides should be allowed to have their claims heard on the merits.

In his press statement dated March 4, 2016, the Transport Minister YB Liow Tiong Lai reiterated the government’s position that all the families and next-of-kin of MH370 passengers will be accorded their legitimate rights under all international and domestic laws. Thus, the disposal of the MH370 suits should not turn on technical objections or summary striking-out of applications, without proper justification.

Such pre-emptive measures would be contrary to the manner in which rights under the Montreal Convention are interpreted by courts in other jurisdictions, and would appear to frustrate the overriding interest of justice in open and fair trials of these cases.

Justice must be done, and must be seen to be done, in the determination of the MH370 suits, particularly given the government’s declared public position in the matter, and the already piercing glare of worldwide scrutiny, which will inevitably intensify closer to the trials. No less is owed to the family members and loved ones of the deceased passengers of MH370.

STEVEN THIRU is president, Malaysian Bar.