Sunday 13 July 2008

Sixth procedural hearing

A further procedural hearing is to be held on Wednesday, 16 July. I understand that the purpose of the hearing is to consider a petition by Mr Megrahi's lawyers for an order permitting them access to the productions used in the original trial. This petition is apparently opposed by the Crown. It will be most interesting to hear on what basis the Crown argues that the defence should be denied access to this material.

This issue was first ventilated at the second procedural hearing on 20 December 2007. Here is how I then reported what was said:

'The final issue raised was the problem the appellant's legal advisers have been encountering in gaining access to the productions used in the original trial. Dumfries and Galloway Police (who are the custodians of most of them) had apparently been advised by the Crown that the appellant could not have access without an order of the court. Mr Clancy indicated that the Crown did not wish to be obstructive and that he was sure that the matter could be resolved amicably. Ms Scott's rejoinder was that the Crown had been nothing but obstructive. The court indicated that if any further problems were encountered in this regard the matter should be brought back before the court.'

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