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Malaysia says Security Act can be used to try MH17 crash mastermind

Malaysia can use the Security Offences (Special Measures) Act (Sosma) to try the mastermind behind the Malaysia Airlines Flight MH17 disaster, said Deputy Home Minister Dr Wan Junaidi Jaafar.

KUCHING: Malaysia can use the Security Offences (Special Measures) Act (Sosma) to try the mastermind behind the Malaysia Airlines Flight MH17 disaster, said Deputy Home Minister Dr Wan Junaidi Jaafar.

He said that though Sosma had the provisions, various issues must be resolved first before the law could be used.

"Based on the Sosma provisions, we (Malaysia) have the right to take action against any criminal offence against Malaysia, including those committed overseas," he told Bernama at his Aidilfitri open house.

Wan Junaidi was asked to comment on Attorney-General Abdul Ghani Patail's statement that Malaysia could investigate the MH17 incident based on various provisions under Sosma.

Flight MH17, carrying 283 passengers and 15 crew, was flying from Amsterdam to Kuala Lumpur, when it crashed in Donetsk, eastern Ukraine, on July 17. It is believed that the plane was shot down.

Wan Junaidi said three aspects needed to be considered first before Sosma could be used. "We (Malaysia) need to know who did it; have solid evidence against the parties involved; and, we must have the permission of the parties in power, whether Ukraine, Russia or the separatists, to bring the alleged offenders for trial here," he said.

Asked on the possibility that the trial under Sosma could not be carried out even when the culprit was brought back to Malaysia, he said this would not happen.

"Before we had Sosma, that may have been possible, or what we call 'proceedings out of jurisdiction' because the crime against Malaysia happened overseas. Sosma is different and, if all the conditions are met, the punishment can be meted out based on the laws of the country," he said.  

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