The trial of four suspects in the downing of flight MH17 at the court in Schiphol can continue despite the legal absence of three suspects. The court announced this at the start of the trial.
One of the suspects, Russian Oleg Poelatov, is represented by two Dutch lawyers, Boudewijn van Eijck and Sabine ten Doesschate. They are assisted by Russian lawyer Elena Kutina from Moscow. She has no official role in Dutch jurisprudence but has been admitted by the court as an observer.
In preparation, Poelatov’s lawyers informed that they need more time to prepare for the Dutch (as yet unpublished) charges. It was agreed with the court that the lawyers can submit any requests for additional investigation at the continuation hearing, likely to be held in June.
The first day of the court session was almost entirely devoted to reading and delivering various legal statements. For example, the chair of the three-member court, President Steenhuis, had to extensively explain what the Dutch Public Prosecution Service has done to summon the other three suspects. The session had to be briefly interrupted about half an hour after it began because the international TV signal on the internet blocked and dropped due to great interest.
Three suspects—Igor Girkin, Sergei Doebinsky, and Ukrainian Leonid Kharchenko—tried to keep themselves ‘unreachable’ for Dutch Justice, but according to the Dutch judges, they have not succeeded sufficiently. For instance, the Netherlands sent mutual legal assistance requests via courts in Russia and Ukraine, which were indeed processed by Moscow and Kiev.
Suspect Doebinsky personally picked up the Dutch summons at a court in Russia after receiving notice from the Russian Justice that ‘he had to come collect mail’. It is known that Ukrainian Kharchenko used email addresses and a mobile app to which messages were sent, including links to translated invitations. Dutch Justice was able to register that the Ukrainian suspect actually opened those links.
Further explanation by the court reveals that Dutch officials even tried to verify whether the suspects actually lived at their registered addresses. Only in the case of the Ukrainian is there not 100 percent certainty. However, in intercepted emails and phone calls, and even in open media interviews, the three fugitives have indicated that they are aware of ‘their’ trial.
Based on the above reasoning, the court concluded that the three suspects Girkin, Doebinsky, and Kharchenko have ‘waived their right to be present’. In that case, the court prioritizes ‘fair trial’ and the MH17 trial can ‘proceed in absentia’.
The three Prosecutors began reading their charges in silence by naming the 298 victims who lost their lives. In the courtroom and in a special guest area, several dozen relatives were present, including some Malaysian and Australian. Dutch relatives who wanted to avoid media attention at the court gathered in Nieuwegein.