The FBI attempted to seize black boxes, and witness testimony was misreported
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A new documentary from Max van der Werff, the leading independent investigator of the Malaysia Airlines Flight MH17 disaster, has revealed breakthrough evidence of tampering and forging of prosecution materials; suppression of Ukrainian Air Force radar tapes; and lying by the Dutch, Ukrainian, US and Australian governments. An attempt by agents of the US Federal Bureau of Investigation (FBI) to take possession of the black boxes of the downed aircraft is also revealed by a Malaysian National Security Council official for the first time.
The sources of the breakthrough are Malaysian — Prime Minister of Malaysia Mohamad Mahathir; Colonel Mohamad Sakri, the officer in charge of the MH17 investigation for the Prime Minister’s Department and Malaysia’s National Security Council following the crash on July 17, 2014; and a forensic analysis by Malaysia’s OG IT Forensic Services of Ukrainian Secret Service (SBU) telephone tapes which Dutch prosecutors have announced as genuine.
The 298 casualties of MH17 included 192 Dutch; 44 Malaysians; 27 Australians; 15 Indonesians. The nationality counts vary because the airline manifest does not identify dual nationals of Australia, the UK, and the US.
The new film throws the full weight of the Malaysian Government, one of the five members of the Joint Investigation Team (JIT), against the published findings and the recent indictment of Russian suspects reported by the Dutch officials in charge of the JIT; in addition to Malaysia and The Netherlands, the members of the JIT are Australia, Ukraine and Belgium. Malaysia’s exclusion from the JIT at the outset, and Belgium’s inclusion (4 Belgian nationals were listed on the MH17 passenger manifest), have never been explained.
The film reveals the Malaysian Government’s evidence for judging the JIT’s witness testimony, photographs, video clips, and telephone tapes to have been manipulated by the Ukrainian Security Service (SBU), and to be inadmissible in a criminal prosecution in a Malaysian or other national or international court.
For the first time also, the Malaysian Government reveals how it got in the way of attempts the US was organizing during the first week after the crash to launch a NATO military attack on eastern Ukraine. The cover story for that was to rescue the plane, passenger bodies, and evidence of what had caused the crash. In fact, the operation was aimed at defeating the separatist movements in the Donbass, and to move against Russian-held Crimea.
The new film reveals that a secret Malaysian military operation took custody of the MH17 black boxes on July 22, preventing the US and Ukraine from seizing them. The Malaysian operation, revealed in the film by the Malaysian Army colonel who led it, eliminated the evidence for the camouflage story, reinforcing the German Government’s opposition to the armed attack, and forcing the Dutch to call off the invasion on July 27.
The 28-minute documentary by Max van der Werff and Yana Yerlashova has just been released. Yerlashova was the film director and co-producer with van der Werff and Ahmed Rifazal. Vitaly Biryaukov directed the photography. Watch it in full here.
The full interview with Prime Minister Mahathir was released in advance; it can be viewed and read here.
Mahathir reveals why the US, Dutch and Australian governments attempted to exclude Malaysia from membership of the JIT in the first months of the investigation. During that period, US, Dutch, Australian and NATO officials initiated a plan for 9,000 troops to enter eastern Ukraine, ostensibly to secure the crash scene, the aircraft and passenger remains, and in response to the alleged Russian role in the destruction of MH17 on July 17; for details of that scheme, read this.
Although German opposition to military intervention forced its cancellation, the Australians sent a 200-man special forces unit to The Netherlands and then Kiev. The European Union and the US followed with economic sanctions against Russia on July 29.
Malaysian resistance to the US attempts to blame Moscow for the aircraft shoot-down was made clear in the first hours after the incident to then-President Barack Obama by Malaysia’s Prime Minister at the time, Najib Razak. That story can be followed here and here.
In an unusual decision to speak in the new documentary, Najib’s successor Prime Minister Mahathir announced:
“They never allowed us to be involved from the very beginning. This is unfair and unusual. So we can see they are not really looking at the causes of the crash and who was responsible. But already they have decided it must be Russia. So we cannot accept that kind of attitude. We are interested in the rule of law, in justice for everyone irrespective of who is involved. We have to know who actually fired the missile, and only then can we accept the report as the complete truth.”
On July 18, in the first Malaysian Government press conference after the shoot-down, Najib (right) announced agreements he had already reached by telephone with Obama and Petro Poroshenko, the Ukrainian President.
“ ‘Obama and I agreed that the investigation will not be hidden and the international teams have to be given access to the crash scene.’ [Najib] said the Ukrainian president has pledged that there would be a full, thorough and independent investigation and Malaysian officials would be invited to take part. ‘He also confirmed that his government will negotiate with rebels in the east of the country in order to establish a humanitarian corridor to the crash site,’ said Najib. He also said that no one should remove any debris or the black box from the scene. The Government of Malaysia is dispatching a special flight to Kiev, carrying a Special Malaysia Disaster Assistance and Rescue Team, as well as a medical team. But we must – and we will – find out precisely what happened to this flight. No stone can be left unturned.”
The new film reveals in an interview with Colonel Mohamad Sakri, the head of the Malaysian team, what happened next. Sakri’s evidence, filmed in his office at Putrajaya, is the first to be reported by the press outside Malaysia in five years. A year ago, Sakri gave a partial account of his mission to a Malaysian newspaper.
I talked to my prime minister [Najib],” Colonel Sakri says. “He directed me to go to the crash site immediately.” At the time Sakri was a senior security official at the Disaster Management Division of the Prime Minister’s Department. Sakri says that after arriving in Kiev, Poroshenko’s officials blocked the Malaysians. “We were not allowed to go there…so I took a small team to leave Kiev going to Donetsk secretly.” There Sakri toured the crash site, and met with officials of the Donetsk separatist administration headed by Alexander Borodai.
With eleven men, including two medical specialists, a signalman, and Malaysian Army commandos, Sakri had raced to the site ahead of an armed convoy of Australian, Dutch and Ukrainian government men. The latter were blocked by Donetsk separatist units. The Australian state press agency ABC reported their military convoy, prodded from Kiev by the appearance of Australian and Dutch foreign ministers Julie Bishop and Frans Timmermans, had been forced to abandon their mission. That was after Colonel Sakri had taken custody of the MH17 black boxes in a handover ceremony filmed at Borodai’s office in Donetsk on July 22.
US sources told the Wall Street Journal at the time “the [Sakri] mission’s success delivered a political victory for Mr. Najib’s government… it also handed a gift to the rebels in the form of an accord, signed by the top Malaysian official present in Donetsk, calling the crash site ‘the territory of the Donetsk People’s Republic.’…That recognition could antagonize Kiev and Washington, which have striven not to give any credibility to the rebels, whose main leaders are Russian citizens with few ties to the area. State Department deputy spokeswoman Marie Harf said in a briefing Monday that the negotiation ‘in no way legitimizes’ separatists.”
The Australian state radio then reported the Ukrainian government as claiming the black box evidence showed “the reason for the destruction and crash of the plane was massive explosive decompression arising from multiple shrapnel perforations from a rocket explosion.” This was a fabrication – the evidence of the black boxes, the cockpit voice recorder and the flight data recorder, first reported six weeks later in September by the Dutch Safety Board, showed nothing of the kind; read what their evidence revealed.
Foreign Minister Bishop, in Kiev on July 24, claimed she was negotiating with the Ukrainians for the Australian team in the country to carry arms. “I don’t envisage that we will ever resort to [arms],” she told her state news agency, “but it is a contingency planning, and you would be reckless not to include it in this kind of agreement. But I stress our mission is unarmed because it is [a] humanitarian mission.”
In Kiev on July 24, 2014, left to right: Australian Foreign Minister Julie Bishop; Dutch Foreign Minister Frans Timmermans, Ukrainian Foreign Minister Pavlo Klimkin
By the time she spoke to her state radio, Bishop was concealing that the plan for armed intervention, including 3,000 Australian troops, had been called off. She was also concealing that the black boxes were already in Colonel Sakri’s possession.
The document signed by Sakri for the handover of the black boxes is visible in the new documentary. Sakri signed himself and added the stamp of the National Security Council of Malaysia.
Sakri goes on to say he was asked by the OSCE’s special monitoring mission for Ukraine to hand over the black boxes; he refused. He was then met by agents of the FBI (Min 6:56). “They approached me to show them the black box. I said no.” He also reports that in Kiev the Ukrainian Government tried “forcing me to leave the black boxes with them. We said no. We cannot. We cannot allow.”
The handover ceremony in Donetsk, July 22, 2014
Permission for Colonel Sakri to speak to the press has been authorized by his superiors at the prime ministry in Putrajaya, and his disclosures agreed with them in advance.
Subsequent releases from the Kiev government to substantiate the allegation of Russian involvement in the shoot-down have included telephone tape recordings. These were presented last month by the JIT as their evidence for indictment of four Russians; for details, read this.
Van der Werff and Yerlashova contracted with OG IT Forensic Services, a Malaysian firm specializing in forensic analysis of audio, video and digital materials for court proceedings, to examine the telephone tapes. The Kuala Lumpur firm has been endorsed by the Malaysian Bar. The full 143-page technical report can be read here.
The findings reported by Akash Rosen and illustrated on camera are that the telephone recordings have been cut, edited and fabricated. The source of the tapes, according to the JIT press conference on June 19 by Dutch police officer Paulissen, head of the National Criminal Investigation Service of The Netherlands, was the Ukrainian SBU. Similar findings of tape fabrication and evidence tampering are reported on camera in the van der Werff film by a German analyst, Norman Ritter.
Van der Werff and Yerlashova filmed at the crash site in eastern Ukraine. Several local witnesses were interviewed, including a man named Alexander from Torez town, and Valentina Kovalenko, a woman from the farming village of Red October. The man said the missile equipment alleged by the JIT to have been transported from across the Russian border on July 17 was in Torez at least one, possibly two days before the shoot-down on July 17; he did not confirm details the JIT has identified as a Buk system.
Kovalenko, first portrayed in a BBC documentary three years ago (starting at Min.26:50) as a “unique” eye-witness to the missile launch, clarifies more precisely than the BBC reported where the missile she saw had been fired from.
This was not the location identified in press statements by JIT. Van der Werff explains: “we specifically asked [Kovalenko] to point exactly in the direction the missile came from. I then asked twice if maybe it was from the direction of the JIT launch site. She did not see a launch nor a plume from there. Notice the JIT ‘launch site’ is less than two kilometres from her house and garden. The BBC omitted this crucial part of her testimony.”
According to Kovalenko in the new documentary, at the firing location she has now identified precisely, “at that moment the Ukrainian Army were there.”
Kovalenko also remembers that on the days preceding the July 17 missile firing she witnessed, there had been Ukrainian military aircraft operating in the sky above her village. She says they used evasion techniques including flying in the shadow of civilian aircraft she also saw at the same time.
On July 17, three other villagers told van der Werff they had seen a Ukrainian military jet in the vicinity and at the time of the MH17 crash.
Concluding the documentary, van der Werff and Yerlashova present an earlier interview filmed in Donetsk by independent Dutch journalist Stefan Beck, whom JIT officials had tried to warn off visiting the area. Beck interviewed Yevgeny Volkov, who was an air controller for the Ukrainian Air Force in July 2014. Volkov was asked to comment on Ukrainian Government statements, endorsed by the Dutch Safety Board report into the crash and in subsequent reports by the JIT, that there were no radar records of the airspace at the time of the shoot-down because Ukrainian military radars were not operational.
Volkov explained that on July 17 there were three radar units at Chuguev on “full alert” because “fighter jets were taking off from there;” Chuguev is 200 kilometres northwest of the crash site. He disputed that the repairs to one unit meant none of the three was operating. Ukrainian radar records of the location and time of the MH17 attack were made and kept, Volkov said. “There [they] have it. In Ukraine they have it.”
Last month, at the JIT press conference in The Netherlands on June 19, the Malaysian representative present, Mohammed Hanafiah Bin Al Zakaria, one of three Solicitors-General of the Malaysian Attorney General’s ministry, refused to endorse for the Malaysian Governnment the JIT evidence or its charges against Russia.“Malaysia would like to reiterate our commitment to the JIT seeking justice for the victims,” Zakaria said. “The objective of the JIT is to complete the investigations and gathering of evidence of all witnesses for the purpose of prosecuting the wrongdoers and Malaysia stands by the rule of law and the due process.” [Question: do you support the conclusions?] “Part of the conclusions [inaudible] – do not change our positions.”
Source: Checkpoint Asia