MH17 killers could be tried in Australian courts: lawyer
"Domestic prosecutions" were already being discussed by countries whose citizens were killed in the disaster. Photo: AAP
Distinguished barrister Geoffrey Robertson says a potential trial for those accused of killing 298 people in the MH17 disaster could be heard in an Australian court.
An international commission investigating the shooting down of the Malaysia Airlines flight expects to have identified the perpetrators of the killings within six months.
Russia is likely to use its UN Security Council veto to stop a prosecution being mounted in the International Criminal Court, where war crimes trials are normally heard.
Holding a trial in the domestic court of a country whose citizens were killed in the tragedy could be a compromise solution; Mr Robertson said he thinks Australia has a strong case.
“That would, I think, be justice at least for the 38 Australians who were killed,” he told ABC’s AM programme.
Australian law was changed after the 2002 Bali bombings in Kuta Beach to allow domestic courts to hear trials of foreigners accused of killing Australians abroad.
Mr Robertson said Russia could also be confident of a fair trial for its citizens under the Australian legal system.
“Its judges are highly regarded for their independence and impartiality,” he said.
Australian law would also allow Russia to argue the deaths were a result of manslaughter by negligence, arguing the perpetrators “simply didn’t check, assumed it was a Ukrainian plane and didn’t conduct the necessary searches to ensure it wasn’t a civilian airliner”.
Russia continues to assert the plane was downed by Ukrainians. Photo: AAP.
Mr Robertson said Russia would be given the opportunity to mount a proper legal defence of those the commission will soon accuse of bringing the jet down.
“The Russian suggestion that it was in fact shot down by a Ukrainian gun team would be aired and fairly set out in the defence of these hypothetical suspects,” he said.
Foreign Minister Julie Bishop told ABC’s Insiders on the weekend a “Lockerbie-syle prosecution” or “domestic prosecutions” were already being discussed by countries whose citizens were killed in the disaster.
“I think it’s good Australia takes a lead in this,” Mr Robertson said.
– ABC
