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Australia's role in seeking justice for families of MH17 crash victims

Circular Quay is heaving with tourists and young families making the most of a sunny weekend afternoon when a small group of men, women, and children gather outside Customs House.

As they unfurl blue and yellow flags and hand out placards, they swap stories about the week just past: of family and friends trying to survive in Ukraine, of little electricity, and of loved ones sent to fight against Russia.

In the crowd, Australian Jane Malcolm greets the group, many of whom have become close friends, bonding over the worst of circumstances.

"It's good to come somewhere [where] people understand intrinsically what you're going through in some way," Ms Malcolm tells ABC's 7.30.

"You don't have to explain what it's like dealing with Russia to people that are used to dealing with Russia."

The Ukrainian national anthem blares, followed by calls for the world not to turn its back on the country, as Jane Malcolm takes the microphone.

"I'll be going to the Netherlands next week to hear the final verdict in the MH17 trial," she tells the crowd.

"To date, there has been no justice for MH17.

"Russia has continually lied about what happened."

Fight for justice

It's been eight years since Malaysia Airlines flight MH17 was shot down over Ukraine: 298 people were killed, including 38 Australians.

Jane's mother and stepfather, Wollongong teachers Carol and Michael Clancy, were on board.

Their plane was flying over the territory of Donetsk — which had recently been seized by Russian-backed separatists — when it was hit by what investigators believe was a Russian-made surface-to-air missile.

The Netherlands and Australia hold Russia responsible. Moscow has repeatedly refused to admit liability.

"This was their first trip to Europe, both of them," Ms Malcolm recalls.

"It was to celebrate my mum's birthday … and my stepfather was retiring.

"They never came back."

Ms Malcolm is part of a group of Australians who have travelled to the Netherlands to witness the verdict in a long-running trial into the shooting down of MH17.

Three Russians and a Ukrainian are being tried under Dutch Law, accused of moving a Buk missile launcher from Russia to eastern Ukraine in the hours before MH17 was shot down.

All four remain at large. Only one is contesting the charges, pleading not guilty in a video message to the court.

"Our client says, 'I didn't do that.' There is nothing factual that can connect him to the still unknown potential crew," said Sabine ten Doesschate, the defence lawyer for Oleg Pulatov, one of the four men on trial.

"He cannot say what did happen, but he's very sure that he didn't have anything to do with it."

'We needed to hold those responsible to account'

Australian Federal Police played a pivotal role in the joint investigation team, led by the Netherlands.

One of the first Australians on the scene was AFP Commander Anthony Fox.

"There haven't been many circumstances where a civilian airliner has been shot down in a conflict zone," Commander Fox told 7.30.

"So, there's no manual that has been written for that. There are no guidelines. It was fairly surreal. I don't know any other words to describe it."

Investigators discovered evidence had been removed and belongings rifled through at the crime scene.

Commander Fox took a series of photographs that contributed to a brief of evidence.

"So we did find pieces of the missile and some of the fuselage," Commander Fox said.

"It was extremely important for the case itself and, I think, for the families, that resolution of understanding what actually did occur."

Former foreign minister Julie Bishop told 7.30 it was a "very traumatic experience" for everyone involved.

She said Australia had played an important role in the investigative process.

"Australia has long been a defender of international law, an upholder of the international rules-based system and this was a clear breach," she said.

"We needed to hold those responsible to account so that this would not happen again."

Ms Bishop said this was not the end of the road for the investigation into what happened.

"The families and loved ones of those who were killed aboard that plane deserve answers," Ms Bishop said.

"The Australian government said, at the time, that we would do whatever we could to bring the bodies of their loved ones home and to find out who is responsible for this.

"That's a promise we made at the time and subsequent Australian governments have kept that promise."

Victims 'can't be here to represent themselves'

Queenslander Matthew Horder and his brothers have made the journey to the Netherlands to hear the verdict in person after losing their parents, Howard and Susan.

"I really feel a sense of representing my parents, because they can't be here to represent themselves," he said. 

“[We're] making sure that their case is heard and that we do what we can to seek justice."

Mr Horder gave a victim impact statement to the court during the trial, something he felt was important to do.

"Being able to provide our victim impact statement really put that human side to it, that it wasn't just a plane that was shot down," Mr Horder told ABC's 7.30.

"You murdered 298 people. Two of them were my parents, and they were really good people."

Jane Malcolm told ABC's 7.30 that any verdict would be a milestone moment, even if no one was sent to prison.

"Being able to state … the names of the people who did this in court, and have people know what they did to us ... that's important," she said. 

"I think that's important, that they don't get to be faceless."

Watch ABC's 7.30, Mondays to Thursdays from 7.30pm on ABC iview and ABC TV

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