
By John Helmer, Moscow
An American lawyer and an Australian law firm will go into court in Sydney this week to explain to a judge why Malaysian Airlines should be ordered to pay A$220,000 (US$159,000) to the son of an Australian passenger killed when Malaysian Airlines Flight MH17 was destroyed in Ukraine on July 17, 2014, plus fees for the lawyers for bringing the case to court, plus billion-dollar damages to follow, if the court agrees.
For the moment this is the only case of an MH17 victim proceeding in any court in the world. The claim filed for a Dutch victim charging the Ukraine Government with culpable negligence, has been before the European Court of Human Rights (ECHR) since November 2014. But it has been buried in secrecy, as the court refuses to say whether it will accept the proceeding or try the case at all.
In Sydney the lawyers have so far presented no evidence of what caused the crash or the deaths of the 298 passengers and crew. Publicly, in Australian newspapers and in one of the lawyer’s blogs, they have accused the airline of intentionally delaying the passenger payout. They have attacked the Berlin lawyer in the Dutch victim’s case for making the Ukraine Government the defendant in the ECHR case. In the press they have also accused the Russian government, and President Vladimir Putin in particular, of causing the crash.
In advertising their services to the Australian victims, the lawyers have hinted at their hope for a payday comparable to the Libyan Government’s settlement of $2.7 billion for the 1988 bombing over Lockerbie, Scotland, of Pan American Flight 103. The US lawyers in that case, representing almost 200 of the 270 victims, negotiated an out-of-court settlement of $10 million per casualty, earning for themselves at least $1 million per client, or about $200 million.
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by Editor - Sunday, February 14th, 2016
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