Expert to give evidence anonymously in Russia case

AN EXPERT witness in a €2.5billion case over aircraft that were allegedly not returned from Russia will be allowed to give evidence anonymously, the Commercial Court has ruled.

Judge Denis McDonald said the witness had expressed concern that they could be exposed to harm if their identity became known to the Russian authorities.

The judge said six sets of proceedings had been taken by Dublin-based firms who had leased aircraft with a combined value of €2.5billion to Russian airlines.

‘They contend that there has been a total loss of the aircraft arising from the Russian invasion of Ukraine, and the subsequent measures taken by the Russian authorities, which they contend have had the effect of detaining the aircraft within Russia,’ the judge said.

The companies are suing several international insurers for declining to cover losses under either ‘all risks’ or ‘war risks’ policies.

The witness whose identity will be protected has prepared a detailed 145-page report covering events in Russia in the aftermath of the invasion of Ukraine.

‘The report contains an extensive description of how it is alleged the Russian government operates, who makes the decisions, how they are made, the constraints that are imposed by the system of government, and the difficulties that arise for people operating at different levels within that system and for those living and working in Russia, more generally,’ the judge said.

The report said the Russian regime wanted to retain the aircraft in order to maintain its civil aviation.

The judge said Fidelis, one of the insurance companies defending the case, had strongly opposed the proposed anonymisation of the expert and the application to have the expert’s evidence taken in camera (behind closed doors) at the trial.