MH17 case: Hearing summary from November 5

Source : 112 Ukraine

Over the past three days the defence had the floor and presented investigation requests
15:00, 5 November 2020

The crash of the Malaysian Boeing-777 (Flight MH17)

Over the past three days the defence in MH17 case had the floor and presented investigation requests they were unable to state during an earlier block of hearings. As an introduction, counsel showed a video in which their client stated that he was not involved in the crash of MH17 flight and did not see how it happened. That statement served as the foundation for the defence to determine the new requests for further investigation. This was reported on the website of MH17 case trail.

"The defence has divided the new requests into three questions arising from the scenario assumed by the Public Prosecution Service (PPS). The scenario is that Flight MH17 is believed to have been taken down by a Buk missile, launched from a field at Pervomaiskyi in Ukraine, by or with assistance from separatists. In all requests, the defence is of the opinion that additional investigation is required to find out more about the reliability and value of the evidence put forward by the PPS and about evidence that was not put forward by the PPS but could nevertheless be important," the message says.

Main points of the requests were as follows:

  1. Was Flight MH17 taken down by a Buk missile?
  2. Was the Buk missile fired from a field near Pervomaiskyi?
  3. Did the defendant participate in a criminally liable manner?

The defence has asked the PPS to answer questions they have following the complaint submitted to the European Court of Human Rights (ECtHR) by the Dutch government against the Russian Federation. They believe that answers to those questions are important in relation to the right of the PPS to institute criminal proceedings.

The hearing will resume on November 12, 2020. On that date and possibly the following day as well, the PPS will respond to the investigation requests from the defence. This will be followed by an opportunity for brief responses from each side. On 25 November 2020 the court shall decide which requests will, and which will not be granted.

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