Tuesday, 29 April 2008
Spielberg to direct Lockerbie bombing movie
Dr Ludwig de Braeckeleer has a lengthy article under this headline on OhMyMews International. He gives details of the project and of the views of Juval Aviv, on whose book (and Interfor Report) the film is to be based.
Monday, 28 April 2008
Limits on justice
This is the heading over a letter in today's issue of The Scotsman from Iain McKie (father of Shirley). In it he criticises the decision of the Lord Advocate to seek a hearing before a bench of five judges in an attempt to limit Abdelbaset Megrahi's grounds of appeal to those approved by the Scottish Criminal Cases Review Commission. A bench of three judges in an earlier case held that if the SCCRC referred a case back to the Appeal Court, the grounds of appeal submitted by the appellant need not be confined to the grounds upheld by the Commission. It is this precedent that the Lord Advocate is now seeking to have overruled.
Tuesday, 22 April 2008
Lord Macfadyen
Lord Macfadyen, one of the five judges on the bench during the first Lockerbie appeal in 2002, died last week at the age of 62. He will be much missed: he was a good judge and a genuinely nice person.
In an obituary in today’s issue of The Herald, it is said that “His reputation on the bench was enhanced by the Lockerbie appeal of 2002.” This is quite simply not so: none of the Appeal Court judges enhanced his reputation by his participation in the Lockerbie appeal.
The court dismissed the appeal on the technical legal ground that Megrahi’s then legal team had submitted grounds of appeal that were incompetent and had not asked the court to address the correct issues (Was there enough evidence in law to convict him? Was the verdict of guilty one that, on the evidence, no reasonable tribunal could have reached?). In the course of the appeal hearing, a number of the judges, particularly Lords Kirkwood and Osborne, exposed the weaknesses in the Crown’s case against Megrahi at the trial. But, at the end of the day, the court held that it could adjudicate only on the (wrong and misconceived) issues raised by his lawyers. See “Lockerbie: A satisfactory process but a flawed result” section headed “The Appeal”.
The court’s decision, in my view, was a weak one. The final court of appeal in criminal matters in Scotland should decide cases on their substantive merits, not on technicalities or on the performance of the appellant’s legal representatives. None of the judges who concurred in this approach to the Lockerbie appeal enhanced his reputation.
In an obituary in today’s issue of The Herald, it is said that “His reputation on the bench was enhanced by the Lockerbie appeal of 2002.” This is quite simply not so: none of the Appeal Court judges enhanced his reputation by his participation in the Lockerbie appeal.
The court dismissed the appeal on the technical legal ground that Megrahi’s then legal team had submitted grounds of appeal that were incompetent and had not asked the court to address the correct issues (Was there enough evidence in law to convict him? Was the verdict of guilty one that, on the evidence, no reasonable tribunal could have reached?). In the course of the appeal hearing, a number of the judges, particularly Lords Kirkwood and Osborne, exposed the weaknesses in the Crown’s case against Megrahi at the trial. But, at the end of the day, the court held that it could adjudicate only on the (wrong and misconceived) issues raised by his lawyers. See “Lockerbie: A satisfactory process but a flawed result” section headed “The Appeal”.
The court’s decision, in my view, was a weak one. The final court of appeal in criminal matters in Scotland should decide cases on their substantive merits, not on technicalities or on the performance of the appellant’s legal representatives. None of the judges who concurred in this approach to the Lockerbie appeal enhanced his reputation.
Wednesday, 16 April 2008
Abu Talb
The website of the International Herald Tribune reports that the life sentence for terrorist offences being served in Sweden by Abu Talb, who was the subject of a special defence of incrimination lodged by the accused at the Lockerbie trial (ie a claim that he, not the accused, was the true perpetrator) has been reduced to one of thirty years. The article begins:
"A Swedish court ruled Wednesday that an Egyptian-born Palestinian found guilty of terror attacks against U.S. and Jewish targets in the 1980s can have his life sentence turned into a 30-year prison term.
"The decision means Mohammed Abu Talb could be released in two years because he started serving his term in 1990 and prisoners in Sweden are normally released after having served two-thirds of their sentences.
"Abu Talb was sentenced to life in prison for a Synagogue bombing and an attack against a U.S. airline office in Denmark that killed one person and left several injured in 1985.
"He was also found guilty of involvement in the bombing of an Israeli airline office in the Netherlands.
"Abu Talb, who came to Sweden in 1983, was an early suspect in the 1988 bombing of Pan Am Flight 103 over Lockerbie, Scotland, that killed 270 people. But prosecutors abandoned the theory that Palestinians were responsible and turned their attention to Libya.
"He later testified in the trial in that case."
The full story can be read here.
"A Swedish court ruled Wednesday that an Egyptian-born Palestinian found guilty of terror attacks against U.S. and Jewish targets in the 1980s can have his life sentence turned into a 30-year prison term.
"The decision means Mohammed Abu Talb could be released in two years because he started serving his term in 1990 and prisoners in Sweden are normally released after having served two-thirds of their sentences.
"Abu Talb was sentenced to life in prison for a Synagogue bombing and an attack against a U.S. airline office in Denmark that killed one person and left several injured in 1985.
"He was also found guilty of involvement in the bombing of an Israeli airline office in the Netherlands.
"Abu Talb, who came to Sweden in 1983, was an early suspect in the 1988 bombing of Pan Am Flight 103 over Lockerbie, Scotland, that killed 270 people. But prosecutors abandoned the theory that Palestinians were responsible and turned their attention to Libya.
"He later testified in the trial in that case."
The full story can be read here.
Saturday, 12 April 2008
Where are they now?
As far as I can see from a trawl of the internet and the blogosphere, there were no developments of any significance regarding Lockerbie during my trip to Namibia.
However, it has been reported that Megrahi's junior counsel at the Zeist trial, John Beckett, has been appointed a sheriff (a judge in Scotland's lower court system). Beckett became a QC in 2005 after the trial, and served briefly as Solicitor General for Scotland (deputy to the Lord Advocate, the chief Scottish Government law officer and head of the prosecution system) in 2006 to 2007. See http://www.scotland.gov.uk/News/Releases/2008/04/10100308
As far as the other lawyers involved in the trial are concerned, most remain in practice but two of the prosecutors, Alastair Campbell QC and Alan Turnbull QC, have become judges of the Scottish supreme courts (the Court of Session and the High Court of Justiciary); Megrahi's solicitor, Alistair Duff, has become a sheriff; and Richard Keen QC, the senior counsel for the acquitted co-accused, Lamin Fhimah, has been elected Dean of the Faculty of Advocates (leader of the Scottish Bar). The then Lord Advocate, Colin Boyd QC (later Lord Boyd of Duncansby) has taken the highly unusual step of resigning from the Faculty of Advocates and becoming a solicitor. He is now a partner in a large Edinburgh law firm.
The three judges who presided at the trial, Lords Sutherland, Coulsfield and MacLean, have all now retired from the bench.
However, it has been reported that Megrahi's junior counsel at the Zeist trial, John Beckett, has been appointed a sheriff (a judge in Scotland's lower court system). Beckett became a QC in 2005 after the trial, and served briefly as Solicitor General for Scotland (deputy to the Lord Advocate, the chief Scottish Government law officer and head of the prosecution system) in 2006 to 2007. See http://www.scotland.gov.uk/News/Releases/2008/04/10100308
As far as the other lawyers involved in the trial are concerned, most remain in practice but two of the prosecutors, Alastair Campbell QC and Alan Turnbull QC, have become judges of the Scottish supreme courts (the Court of Session and the High Court of Justiciary); Megrahi's solicitor, Alistair Duff, has become a sheriff; and Richard Keen QC, the senior counsel for the acquitted co-accused, Lamin Fhimah, has been elected Dean of the Faculty of Advocates (leader of the Scottish Bar). The then Lord Advocate, Colin Boyd QC (later Lord Boyd of Duncansby) has taken the highly unusual step of resigning from the Faculty of Advocates and becoming a solicitor. He is now a partner in a large Edinburgh law firm.
The three judges who presided at the trial, Lords Sutherland, Coulsfield and MacLean, have all now retired from the bench.
Monday, 7 April 2008
Hiatus
I am off to Namibia for a few days. It is unlikely that there will be any further posts on this blog before Friday, 11 April.
Sunday, 6 April 2008
The Iranian connection ... continued
On 10 March 2008 on this blog I referred to an article by Dr Ludwig de Braeckeleer regarding the claim by the Iranian intelligence operative, Abolghasem Mesbahi, that Iran alone was responsible for the Lockerbie bombing. "Mesbahi" was always known to be a pseudonym and, in a new article in OhMyNews International, Dr De Braeckeleer identifies him as Abdul Hasan Mephahi, explores his role in the Iran-Contra affair and considers the possible implications of these revelations for those seeking the truth about Lockerbie. Dr De Braeckeleer's article can be read here.
Friday, 4 April 2008
US wants Lockerbie bomber to stay
The BBC Scotland news website has an article today with the above headline. Acting Assistant Secretary of State Kurt Volker is quoted as saying that the agreement that led to the Lockerbie trial provided that, if convicted, the accused should serve their sentences in Scotland. The United States expected this agreement to be adhered to, notwithstanding any prisoner transfer agreement that may have been entered into by the UK Government and Libya. The full article can be read here.
And here is the text of a press release issued today by the Scottish National Party (the party which forms the Scottish -- as distinct from the UK -- Government):
'The US state department has said it is standing by an international agreement requiring the Lockerbie bomber to serve his sentence in Scotland.
'Acting Assistant Secretary of State Kurt Volker told BBC Scotland he expected the original deal to be "followed through". The UK Government and Libya recently struck an agreement over prisoner transfers.
'It emerged in June 2007 that the UK Government had signed a memorandum of understanding with Libya covering prisoner exchanges.
'First Minister Alex Salmond claimed at the time that the deal could allow Abdelbasset Al-Megrahi to serve the remainder of his sentence in Libya and he protested about a lack of consultation.
'Reacting to news that the US wants the Lockerbie bomber to stay in Scotland, Mr Salmond said:
"Anybody connected and convicted of the Lockerbie bombing should serve their sentences under Scottish jurisdiction. It is certainly not right for anyone regardless of their motivation to attempt to compromise or interfere or undermine the independent processes of the Scottish judicial system and I won't allow that to happen.
"We will defend the integrity of the Scottish judicial system, and uphold the international agreements that had been previously made."
'Megrahi is serving life for killing 270 people in the 1988 bombing. He was convicted in 2001 of blowing up Pan Am flight 103 over Lockerbie.'
And here is the text of a press release issued today by the Scottish National Party (the party which forms the Scottish -- as distinct from the UK -- Government):
'The US state department has said it is standing by an international agreement requiring the Lockerbie bomber to serve his sentence in Scotland.
'Acting Assistant Secretary of State Kurt Volker told BBC Scotland he expected the original deal to be "followed through". The UK Government and Libya recently struck an agreement over prisoner transfers.
'It emerged in June 2007 that the UK Government had signed a memorandum of understanding with Libya covering prisoner exchanges.
'First Minister Alex Salmond claimed at the time that the deal could allow Abdelbasset Al-Megrahi to serve the remainder of his sentence in Libya and he protested about a lack of consultation.
'Reacting to news that the US wants the Lockerbie bomber to stay in Scotland, Mr Salmond said:
"Anybody connected and convicted of the Lockerbie bombing should serve their sentences under Scottish jurisdiction. It is certainly not right for anyone regardless of their motivation to attempt to compromise or interfere or undermine the independent processes of the Scottish judicial system and I won't allow that to happen.
"We will defend the integrity of the Scottish judicial system, and uphold the international agreements that had been previously made."
'Megrahi is serving life for killing 270 people in the 1988 bombing. He was convicted in 2001 of blowing up Pan Am flight 103 over Lockerbie.'
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