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Rows of empty chairs, each one representing a seat on the downed MH17, arranged outside the Russian embassy in The Hague. Photo: Reuters

Malaysia Airlines MH17 trial begins at The Hague with victims’ families desperate for justice

  • MH17 was shot down over Ukraine by pro-Russian separatists in July 2014, killing 298 people. Even after years of investigation, no one knows why
  • The Hague trail begins on Monday, with four men charged with murder. They will not appear in court but victims’ families hope evidence brings closure

On the outskirts of Amsterdam near Schiphol Airport, a field of withered sunflowers lies at the entrance to the MH17 National Monument, a desolate sight on a cold spring morning.

Malaysian Airlines flight MH17 was shot down over eastern Ukraine six years ago by pro-Russian separatist rebels after it left Amsterdam for Kuala Lumpur. All 283 passengers and 15 crew were killed.

Piet Ploeg, chairman of the MH17 Disaster Foundation that is backed by the Dutch government and provides support for victims’ next of kin, explains that the plane crashed in a sunflower field and so it is apt that they feature at the monument, which opened three years after the tragedy.

But it is not necessarily a sight that Ploeg, who lost his brother, sister-in-law and nephew in the crash, appreciates.

“Before MH17, I liked sunflowers very much but after MH17 I have hated sunflowers because they bring back very sad memories. I really don’t like to see sunflowers,” said Ploeg.

The MH17 monument carries the names of the victims of the downed flight. It is located in Vijfhuizen, the Netherlands. Photo: AP

Like Ploeg, families of the victims – including 193 Dutch and 43 Malaysian citizens – are hoping to learn more about the events leading to a missile striking the plane on July 17, 2014.

The trial of three Russians and a Ukranian for murder begins at 10am on Monday at the District Court of The Hague, capping years of investigation led by the Netherlands but also involving Malaysian officials.

The Russians are Sergey Dubinsky, Oleg Pulatov and Igor Girkin and the Ukranian is Leonid Kharchenko. Girkin, a vocal and battle-hardened Russian nationalist, was minister of defence in the self-declared Donetsk People’s Republic in Ukraine. Dubinsky, Pulatov and Kharchenko were members of the separatists’ military intelligence unit.

MH17 families hope truth emerges from unprecedented trial

The men are not expected to show up for the trial although Yolande Wijnnobel, the press secretary for the judges, said one of the suspects was expected to have a team of Dutch lawyers representing him.

“If they [suspects] do not appear, or fail to send lawyers, the trial would be heard in absentia,” Wijnnobel told Malaysian media last week.

On Sunday, the Netherlands’ Deputy Chief Public Prosecutor Digna van Boetzelaer said in a statement that the start of the trial did not mean investigations were over.

“For me the trial is an important step towards finding truth and accountability. The duration of the investigation has put a heavy burden on the families and friends of the MH17 victims. I am especially relieved for them that the judicial process will now commence. The Public Prosecution Service is ready,” Van Boetzelaer said.

The Malaysian government also issued a statement welcoming the start of the trial as a significant milestone towards “finding the truth and establishing justice for the victims”.

Ploeg, who says his brother’s remains were never found, said he believed it would be a long road to closure for the families, as he expected the trial to “go on for the next 10 to 15 years”.

Despite the Dutch Safety Board and joint investigation team’s efforts, several key questions remain unanswered. There are no firm answers as to why a missile was fired at the plane, although last year, Dutch-led investigators cited “almost daily telephone contact” between the separatist leaders and Russian contacts, using secure phones provided by Moscow’s security service.

The plane went down as a conflict raged in eastern Ukraine, after the area was captured by rebels supported by Russia. The joint investigation team said the four suspects had not pulled the trigger but had colluded to carry out the attack.

Mystery motive

Russia and pro-Russia separatists have denied involvement, even after prosecutors alleged the Buk missile system which destroyed MH17 was transported into Ukraine from the Russian 53rd Anti-Aircraft Missile Brigade’s base in Kursk and the launching system was then returned to Russia.

Russian leader Vladimir Putin has previously criticised the investigation.

Ron Smits, the coordinator of recovery and reconstruction operations for the Dutch Safety Board, recalled some of the rebels, and even villagers, in Ukraine apologising for the crash but said no conclusions could be drawn on the motive for the firing of the missile.

Malaysia Airlines flight MH17: five questions, five years on

“This is something we don’t know,” he said.

After prosecutors alleged that MH17 was brought down by the Russian Buk missile system, the Netherlands and Australia declared they would hold Russia legally responsible.

On the day the tragedy happened, other aeroplanes were also on the same flight path as MH17, including a Singapore Airlines flight.

“We think it was a coincidence – it could have been any plane,” said Gijsbert Vogelaar, senior aviation investigator and member of the Dutch Safety Board.

MH17 Disaster Foundation’s Piet Ploeg (R) and Anton Kotte. Photo: Amy Chew

On Sunday outside the Russian embassy in The Hague, the victims’ families set out 298 white chairs in a silent protest against Moscow. The chairs were laid out in rows like seats on an aeroplane, with signs, including one that read: “Impunity = unacceptable! Someone knows what happened … Justice for MH17”.

Anton Kotte, the treasurer for the MH17 Disaster Foundation, who lost his eldest son, daughter-in-law and grandson on MH17, said he wants the suspects found guilty if the evidence proves their crime.

“I am not so interested in the four people,” he said. “I want to hear one thing, if there is enough evidence, there can be only one conclusion for the judge: guilty. That is the most important thing for me. That way, I can be very happy for my beloved, but I am expecting to wait for years for that result.”

Kotte and Ploeg are among the 25 next of kin of victims who have managed to secure seats in court. The trial will also be live-streamed.

Seeking closure

For Hanny Wong, an Eindhoven resident who lost her mother Ninik Yuriani, she will be staying away from court, fearing that she might break down.

Wong, 34, moved to the Netherlands with her mother from Indonesia when she was 10 years old.

“I will miss my mother forever,” she said. “I fear if I went to court, I might break down. My mother was such a good person with a beautiful smile. Everybody loved her. She always made time for everybody.”

Despite the many years living far from Indonesia, her mother’s heart remained firmly Indonesian, Wong said. She was a tireless organiser of Indonesian dance and music events in her adopted home. Ninik was travelling to Indonesia to celebrate the Muslim festival of Eid when the plane went down.

While Wong’s sorrow remains, she harbours no hatred towards the perpetrators.

“That way, I can move on,” said Wong, who now has two children of her own. “I thank the Indonesian mindset for that – the ability to forgive and move on as we place our faith in God.”

Additional reporting by Reuters

This article appeared in the South China Morning Post print edition as: Long-awaited trial seeks ‘truth and accountability’
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