MH370
One year on after MH370 disappeared, no trace of wreckage has been found Getty

A military aviation technology expert has written to the Australian government to debunk its theory that missing Malaysia Airlines flight MH370 is lying in the southern Indian Ocean.

In a letter exclusively obtained by IBTimes UK addressed to Australian Prime Minister Tony Abbott, Foreign Affairs Minister Julie Bishop and Defence Minister David Johnston, Andre Milne, alleges the country's claims surrounding MH370 crashed into the southern Indian Ocean are false and amount to a "criminal act of fabrication of evidence".

andre milne
Unicorn Aerospace

The official Malaysia report released earlier in March said the latest satellite data via British firm Inmarsat proved the plane flew for several hours before it crashed into the Indian Ocean on 8 March 2014. The airliner had mysteriously veered off its course from Kuala Lumpur to Beijing for reasons still not known. No distress signal was sent.

Malaysia Prime Minister Najib Razak at the time said it was believed the aeroplane's transponder, which emits an identifying signal was "deliberately disabled" before the plane changed direction and continued flying for a further seven hours.

The last communication between the plane and ground staff, where the pilot or co-pilot is heard saying: "Goodnight Malaysian three seven zero," happened at 1.19am.

But Milne on behalf of the victims' families is calling for additional answers by the Australian government to help fill in the gaps and prove its "seventh arc" theory that the Boeing 777, which had 239 passengers on board, is located in the Indian Ocean. He states the theory lacks "corroborative evidence".

MH370 Underwater Search Areas Planning Map
MH370 underwater search areas planning map Australia Transport Safety Bureau

"The families will not have peace until they get to the truth about what really happened to MH370," he said.

He outlines five facts to the Australia's Ministry of Defence that he alleges puts in doubt the current theory that the plane is in the southern Indian Ocean. He argues:

MH370

He demands the following requests from the Australian government to further prove their theory the airliner is in the southern Indian Ocean.

In conclusion, his letter states: "Failure to refute and disqualify my submission validates my allegation that your claim MH370 exited Malaysian airspace to crash in the Indian Ocean is not only an Artificial Incursion Theory but a criminal act of fabrication of evidence."

Milne has since complained to Interpol to investigate what he claims to be a "clear violation of the protocols of Chicago Convention Section 25 International Civil Aviation Organ (ICAO) of the United Nations.

He wrote: "My investigative action suggests that a now documented pattern of corruption by unknown officials exists that is resulting in the premeditated fabrication of artificial claims and artificial evidence is being facilitated in an effort to create a cover up and or a diversion from the factual truth related to MH370.

"Primary motives for creating a cover up are a criminal act occurred during the flight and unfolded in such a way as to have negative impact upon the parties investigating and or associated with the investigative parties or an anomalous act occurred during the flight and unfolded in such a way as to be in conflict with legitimate issues of national security upon the parties investigating and or associated with the investigative parties."

IBTimes UK is waiting for a response from the Australia's ministry of defence and Interpol in response to Milne's letters. However, we have seen an acknowledgement from the office of Julie Bishop MP saying the matter would be brought to her attention. However nine months later, no other response has been sent to Milne about his concerns.

When asked where he thinks MH370 is located, Milne replied: "It is premature and utterly irresponsible to talk about any theory without having any physical evidence."

But he criticised the authorities for discrediting the findings of highly recognised scientific firm GeoResonance, which claimed the plane may have crashed in the Bay of Bengal. The firm had identified an aircraft wreck via its satellites, 190km south of the Bangladesh coastline and called the Australian Transport and Safety Bureau (ATSB), "ignorant" and "slanderous" at the time for not exploring it.

GeoResonance also questioned why Australian over-the-horizon radar did not detect the Boeing 777, given the theory that it crashed into the Southern Indian Ocean, and criticised Inmarsat for releasing only the data that confirmed its "seventh arc" theory instead of publishing all of the raw data to explore alternative locations.

"If it comes out in public that the aircraft is where GeoResonance said it was then you can also add insurance fraud to all the other charges against the parties involved," Milne said.

JORN radar locations
JORN radar locations at Laverton, Alice Springs, Longreach and JCC RAAF Edinburgh GeoResonance

"If the plane went into the over-the-horizon radar we would know exactly where it hit the water. No doubt."

The official 584-page report on 8 March pointed to only one failing that the battery of the aircraft's underwater locator beacon had run out more than a year before and that there was no "unusual engine behaviour".

Bill Sullivan, a spokesman for Rolls-Royce, said there was no other data was transmitted from their engines after the ACARS (Aircraft and Communications Addressing and Reporting System) ceased transmission. "We concur with the findings of the report regarding our engines," he said.

The last ACARS transmission was sent via the plane's computers to computers on the ground at 1.07am but the expected 1.37am transmission was never sent.

No sign of the plane has ever been traced. It has been dubbed one of the biggest aviation mysteries of all time.