In an opinion piece for New Strait Times, a major newspaper in Malaysia, a diplomat writes nasty nonsense about the criminal investigation into the downing of MH17.
Mrs Datuk Dr Fauziah Mohd Taib previously was the Ambassador to the Kingdom of the Netherlands, a post she held from 13 August 2008 until her retirement in 2015.
Her ‘Gaps in JIT probe over MH17‘ column in New Strait Times published at June 22, 2019 has many factual incorrect statements. Some are very nasty.
Let analyse the piece.
All 298 passengers, including crew members, were killed
This is incorrect. The line should say “all 298 persons on board, 283 passengers and 15 crew, were killed”
The JIT: The team comprises prosecutors from the Netherlands, Malaysia, Australia, Belgium and Ukraine.
JIT mainly has police detectives. A limited number of staffmembers work for the prosecution servces of the JIT memberstates mainly Dutch.
JIT findings: MH17 was shot down by a BUK missile transported into the separatist-controlled territory of eastern Ukraine from Russia. The Dutch findings were based on physical evidence where some 35 per cent of the aircraft’s remnants were transported in 11 containers to the Netherlands. According to the Dutch Safety Board, each piece of evidence was meticulously examined at least five times.
Mrs Datuk Dr Fauziah Mohd Taib fails to mention that a Buk Telar which belonged to the 53rd Anti Aircraft Missile brigade based in Kurks, Russia downed MH17. Also she fails to mention various evidence made public by JIT like intercepted phone calls, witness statements. She also fails to mention JIT has a lot of evidence not presented to the public.
Based on these findings, the JIT held a joint press conference in The Hague
The pressconference was in Nieuwegein, near Utrecht. That is 60 km distance from The Hague.
Under criminal law, it is usually the act and intention at the same time that constitute a crime. The plaintiff has to prove that the civilian aircraft was intentionally shot. The defence is successful simply if it raises a reasonable doubt.
Mrs Datuk Dr Fauziah Mohd Taib shows she is not well informed about Dutch law. These four suspects are subject to Dutch law suspect of murder on 298 persons and bringing a plane down. Dutch prosecutor Westerbeke explained for murder under Dutch law it does not matter if the suspects intended to down an Ukraine military aircraft. Part of the JIT investigation was to determine the type of conflict. Was it an international armed conflict, called a war, or was it a local armed conflict? JIT determined it was not an international war but a civil armed conflict. In that situation downing an aircraft is always according Dutch law a murder. Westerbeke explained “if someone intended to kill his neighbor but made a mistake and killed somebody passing by, the killing is still a murder”.
Why did the Ukraine air traffic controller direct MH17 to fly at a lower flight path, at 33,000 feet, over the conflict zone that put our aircraft in danger?
This remark is incredible! It shows how ignorant Mrs Datuk Dr Fauziah Mohd Taib is. The Dutch Safety Board in her final report published in October 2015 made clear MH17 was not directed to fly at a lower flight path. To the contrary, Ukraine air traffic control asked if MH17 was able to climb to a higher altitude. But the crew told it was unable to.
Additionally she fails to mention Malaysia Airlines had the responsibility to make sure the flight can be operated under safe conditions. Other airlines avoided the area. Some were informed by security services of their state.
JIT members were drawn from the countries involved in the downing of MH17. But why was Russia not included in the JIT?
Another ignorant remark. Russia was not part of JIT as the mandate of JIT was to find out who was responsible for the downing of MH17. Within hours after the downing serious evidence pointed to Russian involvement as the missile was launched from an area under control by Russia backed separatists. In not a single county on this planet a suspect is part of the criminal investigation team.
Witnesses have been asked to come forward. This comes after five years of the establishment of the JIT. It shows how little evidence they have to begin prosecution yet the trial will still begin on March 9 in The Hague next year.
JIT requested witness to come forward who know more about the crew of the Buk. JIT has sufficient evidence to proof the Buk Telar belonged to Russia and four men were responsible for the transport of the deadly weapon.
Another of the many errors by the former ambassador is that the trial will not be in The Hague but in Badhoevedorp near Schiphol. The ‘Rechtbank Den Haag /Court the Hague’ will provide the judges.