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Chinese MH370 relatives file suit in Beijing
By Becky Davis
Beijing (AFP) March 7, 2016


Questions linger as Malaysia marks two years since MH370
Kuala Lumpur (AFP) March 7, 2016 - Investigators probing the MH370 mystery will release an annual statement, and Malaysia's parliament will observe a solemn moment of silence to mark two years since the plane's baffling disappearance.

The anniversary rolls around with relatives increasingly anxious over plans to end the challenging search for an Indian Ocean crash site and with Malaysia Airlines facing a slew of lawsuits over the disaster.

A team of international investigators set up nearly two years ago will issue an annual update of its findings at 3:00 pm in Kuala Lumpur (0700 GMT).

There has been no indication the statement would contain new insights into what actually happened on March 8, 2014, when the plane vanished during an overnight flight from Kuala Lumpur to Beijing with 239 passengers and crew.

The team includes investigators from the US National Transport Safety Board (NTSB) and its counterparts from other countries.

It is required under international rules to release an annual statement regardless of whether new information has emerged.

Its first report, issued on the one-year anniversary, shed no new light on what remains one of aviation's greatest mysteries.

Analysts believe MH370 veered far off course to the remote southern Indian Ocean, where it went down.

Theories of what caused the disappearance include a possible mechanical or structural failure, a hijacking or terror plot, or rogue pilot action. But nothing has emerged to support any single scenario.

An extensive two-year search led by Australia, which aims to locate debris on the seafloor and possibly retrieve the black boxes, has come up empty.

A wing fragment was found on an island thousands of kilometres from the search area last July and later confirmed to be from MH370, the first proof that the plane went down.

Two new pieces of debris found in the past week have raised anticipation ahead of the anniversary, but are yet to be confirmed as from MH370.

- Deadline for filing lawsuits -

Families have recently stepped up calls for the search to carry on and even be expanded after the designated search zone -- an area the size of North Korea -- has been fully scanned, which is expected around June.

Australian, Malaysian and Chinese authorities plan to end the search -- projected to cost up to $130 million -- at that point if no compelling new leads pointing to an actual crash site emerge.

The second anniversary also is the deadline for filing lawsuits against the airline.

Families of scores of passengers have in recent days and weeks filed lawsuits in the United States, Malaysia, China, Australia and elsewhere, seeking damages over the disaster.

Some others have reached settlements for undisclosed amounts, according to attorneys.

Citing imprecise satellite data indicating the plane's movements, search authorities believe the plane veered off course and flew for hours to the remote southern Indian Ocean, where it went down.

But many relatives remain unconvinced that they are searching in the right place.

Many remain furious with the airline and Malaysian government, accusing them of letting the plane slip away through a bungled response, withholding information on what happened, and treating grieving relatives insensitively.

Relatives of a dozen Chinese passengers aboard missing flight MH370 filed suits against Malaysia Airlines, Boeing, Rolls Royce and others Monday, a day before the second anniversary of its disappearance and a legal deadline to do so.

Packed into a small office at the Beijing Rail Transportation Court, which has been designated to handle MH370 cases, they held manila folders with litigation papers in their hands.

Several wiped away tears, turning to borrow tissues from neighbours, before depositing their documents with court officials.

Gao Xianying, 65, who lost her daughter, son-in-law and three-year-old granddaughter on the flight, said: "Successfully filing the case is the next step in finding my family. We're a step closer to demanding the truth from Malaysia Airlines; there's more hope than before."

The Boeing 777 aircraft, with 239 people -- including 153 Chinese citizens -- on board, vanished en route from Kuala Lumpur to Beijing on March 8, 2014, and authorities said it went down in the southern Indian Ocean.

Even while suing for the wrongful deaths of their loved ones, many Chinese next of kin consistently express beliefs that the passengers are still alive, perhaps being held at an unknown location -- even though a piece of the plane washed up on the Indian Ocean island of Reunion and other potential debris was found in Mozambique.

Under international agreements, families have two years to sue over air accidents. Lawyer Zhang Qihuai, whose Lanpeng firm represents the group filing suit on Monday, said many were "deeply conflicted" over the decision to go to court.

"They think that after you've accepted compensation, the company can deny any further responsibility and wash its hands of the incident, and that the public will naturally forget about the whole thing," explained Zhang.

The total compensation requested from Malaysia Airlines, Boeing, engine manufacturer Rolls Royce and insurance companies ranged between 10 and 70 million yuan ($1.5 million to $10.8 million) per family, he said. Verdicts might not come for two years, he added.

"Originally, many didn't intend to sue and instead wanted to continue waiting. But there's a time limit, so they have no other choice -- losing the right to sue would be terribly painful."

His clients have declined settlement offers of 2.52 million yuan per victim, he said.

Several US, Malaysian, Australian and Chinese law firms have told AFP they have begun filing suit on behalf of relatives, seeking undisclosed damages.

Malaysia Airlines and Boeing representatives in China declined to comment on the lawsuits to AFP. Rolls Royce did not immediately comment.

- 'My child is safe' -

A vast Australian-led search of 120,000 square kilometres (46,000 square miles) of the southern Indian Ocean seabed has so far failed to locate the wreckage, and authorities plan to end the operation -- projected to cost up to $130 million -- if no new leads emerge by the time it is completed, expected in July.

The relatives hope that court scrutiny will help reveal answers about what befell the plane, even while some express misgivings over negotiating compensation.

"The date March 8 is like a knife that has stabbed us once again," said Gao.

"I chose to prosecute in order to have my child safely returned to me. I'm convinced that the plane didn't crash into the Indian Ocean, that it landed somewhere and that my child is safe, living on this earth."

She would never believe her family had died until their bodies were found, she said.

"You can scream your excuses until the heavens and the earth come down, for a thousand years or ten thousand, but without concrete evidence I won't believe it or accept it. I want the truth! Where is the plane? Where are the passengers?" she asked.

Others were more sanguine. Lin Xinmao from the central province of Henan, who lost his only daughter on the flight, simply shook his head when asked if he retained any hope.

Zhang said his clients' desire to learn the plane's fate put them under enormous pressure.

"In their hearts, the families are slowly accepting the reality that their relatives are slipping further and further away from them, but they are also very unwilling to accept that reality, always waiting for them to come home at a moment's notice," he said.

"It's very painful."

rld/slb/ds

BOEING

ROLLS-ROYCE HOLDINGS

Malaysia Airlines


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