by JAMES O’NEILL
On 17 July 2014 Malaysian Airlines Flight MH17 en route from Amsterdam to Kuala Lumpur was shot down over the Eastern Ukraine.
Although the precise circumstances were at that point unknown the western media were quick to blame Ukrainian “rebels”. The means by which MH17 was destroyed, the media alleged, was a surface to air BUK missile supplied to the “rebels” by Russia. For a host of reasons it was almost certainly not a BUK missile that caused the crash. The stage was set however, for a demonization of Russia in general as the alleged supplier of the missile, and President Vladimir Putin in particular. The relentless propaganda enforcing this view has continued unabated to this day, although the evidential foundation for the allegations remains at best remote.
The Russians produced an initial denial of involvement. Four days after the tragedy however, as anti-Russian hysteria was escalating to extreme levels, the Russian military held a press presentation. The fact of this presentation was barely reported in the western media. The content, more importantly, was either ignored or misrepresented.
The Russians disclosed, inter alia, their radar and satellite data. These data showed that MH17 had been diverted from its scheduled route so that it flew directly over the war zone in eastern Ukraine. They asked for an explanation but one has never been forthcoming. These data also showed that MH17 had been shadowed during its last minutes by two SU25 fighter jets, a model flown by the Ukrainian air force. Again the Russians asked why this had happened.
The main response was a claim that the SU25 could not fly above 10,000 metres. Not only is this untrue, as an examination of military resources readily demonstrates, but the Wikipedia entry on the SU25 had been altered days before the shoot down to claim that the SU25’s operating ceiling was only 7000 metres. Again the western media ignored this obvious alarm bell.
The Russians further disclosed that at the precise time of the shoot down an American spy satellite was directly overhead the scene and would have recorded the sequence of events. The Russians invited the Americans to share these data with the official investigation that had been launched, but to date the Americans have failed to do so. Again, the western media are singularly incurious as to the reason for this lack of cooperation.
Under IATA Rules, the parties responsible for the investigation would be the Malaysians, as owners of the plane and home country of the airline, and the Ukrainians over whose territory the atrocity occurred. It was the Dutch however, who took the lead role, citing two facts: the plane had departed from Amsterdam; and they had suffered the largest number of their nationals as victims. The Malaysians were initially excluded from the inquiry for reasons that have never been satisfactorily explained. They were finally invited to join the Joint Inquiry on 2 December 2014.
Instead, the initial inquiry group consisted of Ukraine, the Netherlands, Australia and Belgium. The Australians suffered the third largest loss of life but had no standing to be one of the investigatory nations, and certainly less of a claim than the Malaysians. The Australian Prime Minister and some other politicians had been at the forefront of making extreme allegations against Russia and President Putin. Why Belgium was included remains a mystery.
On 8 August 2014 these four investigating nations signed an agreement that the results of the investigation would not be published unless all four countries agreed. This gave one of the prime suspects in the atrocity, Ukraine, an effective veto over any investigations result that attributed blame to them. This is an astonishing situation and probably without precedent in modern air crash investigations.
More significantly however, is that the existence of this secret agreement was not announced by the Australian government, nor to the best of my knowledge has any report about the existence of the agreement or its extraordinary terms, been published in any mainstream publication.
The Dutch magazine Elsevier, under Dutch Freedom of Information laws, sought a copy of the agreement. On 19 November they announced that the request had been refused on the grounds that it “could endanger the relations with other countries involved.”
An Australian citizen (name redacted) wrote to the Minister for Infrastructure and Regional Development (Deputy Prime Minister Warren Truss) seeking a copy of the agreement. By letter dated 15 October 2014 the Department of Foreign Affairs and Trade (DFAT) replied on behalf of the Minister, refusing the requester a copy of the agreement as its contents were “classified.”
The present writer wrote to DFAT on 21 August 2014 seeking a copy of the agreement of 8 August 2014 under the Freedom of Information Act. The department declaimed responsibility and said that they had passed my request on to the Attorney-General’s Department. This was odd, but even odder was advice from the Attorney General that my request had been passed in turn to the Australian Federal Police who were the responsible body.
This must be the first time in Australian history since 1901 that negotiations and agreements between sovereign nations had been conducted on Australia’s behalf by the Federal Police.
On 2 December 2014 the Australian Federal Police finally gave their decision on the FOI request. It was declined on the basis that disclosure of the document (which they acknowledged existed) under section 33 would, or could reasonably be expected to, cause damage to:
(i) the security of the Commonwealth; or
(ii) the defence of the Commonwealth; or
(iii) the international relations of the Commonwealth.
The refusal also relied upon section 37(1)(a) of the Act which exempts a document if it could reasonably be said to prejudice the conduct of an investigation.
Thirdly, the Federal Police relied upon section 37(1) (c) where disclosure could reasonably be expected to endanger the life or physical safety of a person.
The fourth ground of refusal was under section 37(2)(b) which exempts disclosure where it might reasonably be expected to prejudice an investigation by disclosing methods of investigation or detection of unlawful activity.
In the circumstances of this case it is very difficult to see how any of those provisions would apply. The agreement, it should be remembered, is to give any one of the four investigating countries a veto over publication of the results. A final report would be entitled to withhold details of the investigation that would truly prejudice matters of national security.
An investigation of a crash of an aeroplane is however, carried out under IATA Rules and its procedures are well established and well documented. Whose life or safety might be endangered by releasing the agreement is unspecified.
One is left with the conclusion that 33 (iii) is the real ground and the “international relations” referred to are the difficulty Australia and other nations have got themselves into by prematurely blaming Russia when all of the emerging evidence points squarely at Ukraine.
Given the existence of this agreement it is difficult to see how anyone can have any confidence in whatever final report is published by the Dutch. The preliminary report was careful not to apportion blame or even state the cause of the crash other than to say that the plane was hit a by a large number of “high velocity objects” which were undefined.
Another major question is why have the mainstream media kept up a barrage of misinformation up to and including the recent G20 debacle, when they know, or ought to know that the investigation is a sham?
It is also difficult to see how the continued demonization of Russia and Mr Putin for manifestly geo-political reasons (and the probable reasons for the shoot down in the first place) represents any form of justice for the families of the 298 victims and in particular the 37 who were Australian citizens or residents.
It is clear that the Government’s professed support for Security Council Resolution 2116 (2014) for a “full, thorough, and independent international investigation into the incident in accordance with international civil aviation guidelines” is no more than window dressing for a much wider geopolitical agenda.
James O’Neill is a former academic who has practiced as a barrister for the past 30 years. He has a special interest in international human rights issues. He may be contacted at j.oneill@bigpond.net.au
James,
An intellectual report as is your manner, expected of counsel. Pity about the journos and pollie warmongers who are in fairy shirt front land.
When you are in Sydney again, return the jar of vegemite that Gage could not afford due to his luggage limit.
(:- (:-)
Thank God for this clear article. (I mean thank you, too, James!) What about this bit:
“The main response was a claim that the SU25 could not fly above 10,000 metres. Not only is this untrue, … but the Wikipedia entry on the SU25 had been altered days before the shoot down to claim that the SU25’s operating ceiling was only 7000 metres.”
How did you know what changes Wiki made? And might you please write to Wiki to ask them why they altered it.? Then add their non-answer to your incriminating collection of non-answers. Wow.
A more than fascinating article. Thank you, and yes, it would be interesting to learn more about the Wiki ‘alteration’.
Going further, one now becomes more infused than ever, with the mind boggling mysteries of MH370.
Russia then withdrew its allegation that the SU25s were shadowing…..get your shit stuff if you are going to be an effective russo bot
I have other info confirming the jets. Also – The eyewitnesses on the ground that day – many explained exactly how the jet was right there and in exactly what direction is went.
I wish David had chosen more “effective” tones to make his point and some reference would also be appropriate.
I do agree with David that there are flaws in this article and the most glaring is no reference to the “bellingcat report” which must be calculated in any explanation of the MH17 tragedy.
Similarly, to Sandy Hook the MH17 issue was hijacked by the spin doctors who by repetition and clever cross reinforcement of information with false authority can manufacture false realities in our minds.
Christopher, are you a Sandy Hook denialist? As in “no massare took place”?
I believe a massacre took place.
Questions remain as to responsibility.
Adam Lanza may be the criminal.
The momentum behind the irrational claims makes me
suspicious the curious minds are distracted to keep
something important hidden.
It may be a general trap to prepare for further internet
access restrictions.
It could be related to pharmaceuticals.
Without due legal process and accountable open governance we are left speculating and guessing.
The new documentary on MH17 that this article refers does include the important bellingcat report material.
http://www.dailymail.co.uk/news/article-2905692/Is-proof-Russia-shot-flight-MH17-New-documentary-claims-plane-hit-Buk-surface-air-missile-launcher-operated-53rd-Russian-Air-Defence-Brigade.html#video
The article includes a clue about what I believe might be the real hidden reality behind the MH17 tragedy that the west seeks to keep out of view.
Ukraine, and likely the CIA, new Russia was risking BUK weapons across the border and that means responsibility for the tragic accident must be shared.
Russia and NATO are both playing a propaganda game.
Why the secrecy on the MH 17 investigation?
F’n simple question I would have thought!
Is this Australia or some place like the old East Germany or North Korea, or Saudi Arabia et al.
Will someone please invade us soon and bring democracy, transparency and freedom? We surely need it. The msm and our politicians are undemocratic s^¥*T.
This is a must read for MH17 investigation followers.
https://mh17.correctiv.org/english/
This article from Inside Russia is worth a read. It is predictable propaganda from the Russian angle but it is wide ranging and does discuss the bellingcat material.
http://russia-insider.com/en/2015/01/15/2428
This is the key sentence found deep in the article.
The denouement of the whole case.
“Yet Correctiv is curiously vague about what ought to be a bombshell revelation pointing to Kiev sharing in the guilt for the disaster ……”
What is the bombshell?
“It is the first Western publication that we know of to admit Donbas rebel accusations that desperate Ukrainian (and the long rumored Polish?) SU-25 pilots, having been shot down over the Donbas battlefields, may have placed innocent passengers lives at risk by hiding behind civilian airliners before diving into attack runs.”
I think we are getting a clearer picture of what incriminating data against Kiev, the US and Nato is being kept out of view by public disclosure vetoes.
If I was in the CIA mischief department, I might even cook a “holes in the cockpit by military jet” to poison the issue.
The CIA and the Russian intelligence would both know they are negotiating reality and managing their own political agendas and populous in a complex game of multi-level chess.
Good points Christopher.
Yep using civilian aircraft as shields to run sorties.
Did they instruct the plane to change course???? (can’t remember) To move closer to their target area????
This is another article in Russian biased media on MH17 that should get passing scrutiny.
Belingcat was first just ignored, now it is being criticized but the substance is being distracted from with the character attack.
Higgins deserves scrutiny and so does the bellingcat Mh17 allegations but if readers do study the material it is clear Russia has questions to answer that they would like to avoid for as long as possible.
http://russia-insider.com/en/2015/01/19/2529
[…] a sample of James’s articles here and here or […]
Thank you James for an insightful investigative material that is honest and revealing. I will leave the material that I have left at the other two issues.
Serco’s stranglehold on the US military – CTM #712 – Field McConnell
This man is incredible! He is an ex marine commander and also a pilot of many aircraft. He has an extra long list of qualifications and experience in his extraordinary career and is one of the good guys! A remarkable background and he exposes so much here. Please listen to him and pass this on! If we do nothing nothing happens. All of us need to protect our country that we live in from the seditious traitors who are the politicians and the Fascist corporations that perpetuate false flag wars for their benefit at our expense to weaken our national sovereignty and eventually bring in the sinister and diabolical one world government.
I have sent excellent material concerning MH370 and MH 17 and certainly do not trust the prostitute CIA Mockingbird media and press or the Murdoch outlets or any that is called the so-called mainstream. They are propagandist channels pure and simple! I have been researching this perpetual lie amongst many others and I am most confident now that it has been fully exposed for what it is.
Australia has been in the lead to deceive its own military and the world so just like the false flag war of Vietnam, the Hilton bombing the Port Arthur Massacre and now the MH370 and MH17 exposed and who was behind it and who is covering it up which are crimes.
For your convenience I have gathered all the links so you do not have to search and it will become obvious with the material that Field McConnell and his team has gather and assembled together to expose the evil and diabolical agendas. I have highlighted the material spoken of by Field McConnell for your convenience to pass on to others. Nations only get the kind of government they deserve if the population is apathetic and non patriotic to their respective country.
The “official narrative” from these false propaganda media and news is the way they present the false narrative as they all sing the same song. There is a special emphasis to suit their lies. It is placed in an emotional setting. They deliberately omit information and evidence on a daily basis. It is bias and prejudiced opinion not journalistic reporting. It is a corporate-government sector propaganda apparatus tool to deliberately spread disinformation to the populous. It can never be questioned and no dialogue or debate is allowed. Complaints are ignored and they use character assassination to try to discredit anyone who questions the “official narrative”.
Keep in mind that they would not allow Russia into the investigations. Russia provided radar flight patterns and the US provided cartoons.
Type in the below as my computer crashed
SBU orxers to destroy all evidence of tbe conducted special operstion MH17.
Also type in Bellingcat. Fake news propaganda news that Australia is accepting and talking about on the TV. Its is connected with Google and the CIA and uts a pro war pro NATO tool
[…] first contacted me in late 2014, and I think his first article on Gumshoe News was published on 8 January 2015, “Why the Secrecy on the Mh17 […]