MH17 trial starts with 'enormous amount' of digital evidence

UPDATED 8.20PM: The much-awaited criminal trial in the downing of Malaysia Airlines flight MH17 started at the District Court of The Hague this morning, in the presence of lawyers representing the victims' families and one of the suspects.

According to presiding judge Hendrik Steenhuis, a total of nine counsels have registered with the court to represent the next-of-kin (NOK) of 298 victims on board the flight that crashed in Eastern Ukraine on July 17, 2014, after being shot down by a Buk ground-to-air anti-aircraft missile.

Two Dutch lawyers are representing former Russian military officer Oleg Polatov, who has been identified by the Netherlands Public Prosecution Services as one of those responsible for the incident.

The other three suspects - Igor Girkin, a former colonel of the Russian Federal Security Service or FSB; Sergey Dubinskiy, a former military officer of the GRU; and Leonid Kharchenko, who is the only Ukrainian suspect, were not represented.

"Many have waited a long time for this day. Today the MH17 criminal trial begins," said Steenhuis in the beginning of his address.

"Downing of MH17 on 17 July 2014 in East Ukraine is the reason why this case has been brought. As consequences of this disaster, 298 men, women and children have all died," he said.

Throughout the trial, Steenhuis is to be assisted by two other sitting judges Dagmar Koster and Heleen Kerstens-Fockens. They are also joined by two other reserve judges.

According to Steenhuis, one of the matters that the court would be dealing in the early stage is whether the case is ready to be dealt with in merits, or if more investigation is needed.

He said the Netherlands' Public Prosecution Services have handed a case file that contains over 36,000 pages to the court, and "an enormous amount" of digital evidence.

The lawyers representing Pulatov had also been allowed to study the case file for a few weeks to prepare for the hearing.

Steenhuis said that during the trial, the court would also allow the NOK to address the court.

To date, a total of 49 NOK have stated their wish to make use of this right to address the court, while 82 others will submit their written declaration, and 84 others intended to submit a claim of compensation.

Chief investigator, attorney for next-of-kin

Just before the proceedings this morning, head of Dutch police National Criminal Investigations Division, Andy Kraag, expressed optimism about the trial.

Kraag, who leads the MH17 international joint-investigation team, said it was an important day not only for the investigators but especially for the victims' families.

"It is an important day for us as a team, but it is also an important day for the next-of-kin," he told journalists in front of the courthouse.

"They have been waiting for more than five years for a judge to rule over what's going on. And, for us, it is exciting because finally, all the evidence we have collected, a judge can look at it, can analyse it and make a ruling about it." 

Asked if the investigation team would be pressing charges against more suspects over the downing of the aircraft, Kraag said the investigation was ongoing.

"Let's focus for now on the four suspects. Investigation still going on.

"Because we want to expose the complete chain of command from the BUK missile crew up to the people who gave the order to launch the BUK missile on July 17, 2014."

Meanwhile, Jerry Skinner, an American attorney who specialises in aviation litigation and is representing the families of 40 Australian and Malaysian victims, said those behind the tragedy should be held responsible.

"I am expecting they will be able to show these individuals responsible in planning the event and will be held responsible because people died," said Skinner.

"There are too many photographs, too many tape recordings, too much physical evidence. Too much to explain it all away," he added.

Skinner said he believed that Russia, particularly its president Vladimir Putin, was responsible for the shooting down of MH17.

"In my country, Donald Trump is responsible for everything that goes wrong. In Putin's case, I don't think the weapon left the country without his approval.

"Only with the approval of his office and his advisers. So, yes, I think he is responsible."

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