KUALA LUMPUR: Was Malaysia Airlines Flight MH17 shot down by Ukrainian separatists?
The question remains even after the government led by Datuk Seri Ismail Sabri Yaakob endorsed the Dutch court's decision last year to convict three pro-Russian separatists for their roles in the downing of MH17.
In a recent interview with NST Focus, Colonel (Rtd) Mohd Sakri Hussin, who led negotiations with the separatists to secure access to the crashed plane, cast doubt on the issue and said it might not be so clear-cut.
The separatists' willingness to provide evidence to Malaysia suggested they might be innocent, said Sakri.
Recalling the incident nine years ago, Sakri said he received a "mission statement" from then prime minister Datuk Seri Najib Razak to meet and negotiate with separatist leader Alexander Borodai for the retrieval of bodies and the black box from MH17.
"(While on my way to meet Borodai) I did think about how I would react when meeting someone whom many claimed to be fierce and arrogant," he said.
However, he was greeted warmly by the self-proclaimed prime minister of the "Donetsk People's Republic".
Borodai, Sakri said, insisted that the separatists were not responsible for shooting down MH17.
"Please share this (evidence gathered from the bodies and black box) with the world.
"We did not do harm to civilian aircraft, what more Malaysia. What happened today is the wrongdoing of others," Sakri recalled Borodai as saying, adding that the separatist leader was addressing the journalists witnessing the black box handover.
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Sakri said he had made it clear that he was not on anyone's side.
"I am the only person who met him (Borodai), and some may believe that I am wrong, that I could be biased towards the separatist's generosity.'
"I am not siding with anyone, but seeing how they kept their promise — that they would not hand over the evidence (to anyone) until I arrived (in Donetsk), it shows that they wanted Malaysia to help uphold the truth, that is they are not the ones who should be blamed for the airplane crash," he said.
Last year, a Dutch court sentenced two Russians — Igor Girkin, the former defence minister of the separatist region, and Sergei Dubinsky for their roles in the downing of MH17.
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Also convicted was Ukrainian Leonid Kharchenko, who allegedly led a pro-Russian rebel combat unit and took orders from Dubinsky.
All three were sentenced to life in prison in absentia.
The report by the Dutch-led Joint Investigation Team (JIT) concluded that there was "no doubt" the missile that downed the plane was brought in from Russia and fired from rebel-controlled territory.
JIT investigators pinpointed the launch site atop a hill in farmland west of Pervomaiskyi, having traced the convoy carrying the Buk launcher from the Russian border through Donetsk, Torez, Snizhne and on to the launch site — hours before MH17 was downed.
The Russian government, however, dismissed the JIT report that suggested pro-Russia rebels were responsible for downing the plane as "biased and politically motivated".
Malaysia's stand on the issue was initially sceptical. Former prime minister Tun Dr Mahathir Mohamad had said he believed that the multinational JIT was politically motivated, saying that Russia had been prematurely accused even before the investigation was completed.
Former Civil Aviation Department director-general Datuk Seri Azharuddin Abd Rahman said in his book that Malaysia had initially disagreed with JIT's conclusion on Russian involvement in downing the plane.
"JIT had identified signs of Russian involvement in the tragedy. But the Malaysian government at that point disagreed and was of the opinion that the evidence was not concrete.
"Later, there was a report that the team of investigators had intercepted a phone call related to the shooting of MH17 between Moscow and the rebels.
"Again, the Malaysian government feels that the evidence is not concrete," he wrote in his book, Last Flights of Malaysian Airlines MH370 and MH17.
Further adding to the doubt were the discrepancies in opinion among the MH17 Annex 13 team members, which conducted safety investigations. JIT conducted criminal investigationss.
Datuk Mohd Rafique Ramli Ariffin, who was part of the Annex 13 team, said there was disagreement between members on where the missile came from.
Based on the pattern of shrapnel, there was contention between the Dutch Safety Board and the Russian-accredited representative on the origin of the missile projection.
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"The Dutch Safety Board had the final say since they are the leading agency," Rafique said.
In its own investigation, Russian Buk manufacturer Almaz Antey said the missile was fired from Zaroschenskoye, where Ukrainian forces were stationed.
Azharuddin, when met recently, said the criminal investigation had yielded good outcomes, even though the convicted did not appear in court.
"Of course a lot of countries challenged it (result of the trial) but we went through a legal process that is very independent."
Sakri, on the other hand, said the MH17 disaster should serve as a lesson to the nation, stressing the importance of Malaysia taking charge of any case involving its assets and people.
"Malaysia should play its role to negotiate and investigate, because it is our asset and we have the autonomy to protect our treasure and innocent lives."