Wednesday 7 January 2009

Diary of a vengeance foretold

Dr Ludwig de Braeckeleer's monumental 174-part series on OhMyNews International on the events that led up to the destruction of Pan Am 103 over Lockerbie came to an end on 31 December 2008. The series can be accessed here.

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  1. The Scottish Tudors

    One incident not to overlook in the "Lockerbie-Affair" demonstrates why Lord Hardie on February 16, 2000 - three months before the Lockerbie trial (May 3, 2000) - passed over the Lockerbie indictement to his colleague Lord Advocate Colin Boyd of Duncansby.

    MEBO Review:

    Mr. Peter Fraser was since 1982 Solicitor General for Scotland and was planned for chief by Margaret Thatcher and became Lord Advocate in 1989, when he was made a life peer as Baron Fraser of Carmyllie, in the District of Angus and a member of the Privy Council.
    He has appeared for the United Kingdom in both the European Court of Justice in Luxembourg and the Court of Human Rights in Strasbourg.
    Lord Fraser was the Architect for Libya's questionable responsibility in the PanAm 103 tragedy, who as Lord Advocate, initiated the Lockerbie prosecution!
    At no stage, then or since, has he conveyed any reservation about any aspect of the prosecution to those who worked on the case, or to anyone in the prosecution service.

    During the time as Scotland's senior law officer, Lord Advocate Peter Fraser was ultimate and directly responsible for the conduct of the wrong investigation into the bombing, of PanAm 103.
    He drew up the 1991 the fateful "political dye" indictment against the two accused Libyans and issued warrants for their arrest.

    The Lockerbie Massacre and its politically motivated damages for Libya:

    On September 13, 1996 a not yet named state (probably Germany) sent a document "under national security" (PII) to the Crown.

    From a reliable socurce leaked through that the PII certificate demonstrated clearly that the allgeged bomb suitcase from Malta was not introduced by AirMalta. Because on December 21, 1988 no interline luggage transfer took place from AirMalta flight KM-180 to PanAm 103/A in Francfort to Heathrow (PA 103). MEBO's research confirms that today.
    The document informs further on that the explosive device which caused the crash of Boeing 747 (PA-103) over Lockerbie was not activated by a MST-13 timer delivered to Libya by MEBO. Therefore a connection of Libya with the atrocity must be excluded beyond any doubt.

    Lord Advocate Fraser was immediately briefed by the UK Crown on the document "under national security" and its exonerating content in favour of Libya.
    Since September 1996 QC Lord Frazer is the main responsible for the concealment of the PII document to the disadvantage of the Trial in Kamp van Zeist, the Defence Team of the two Libyans Mr. Fhimah and Mr. Megrahi, the UN, the USA and the state of Libya!

    Lord Frazer had done his part with his deliberate indictment against the alleged Libyan perpetrators of the terror act, Mr. Megrahi and Mr. Fhimah, and left the fatal outcome at the trial and the first appeal in the hands of his successor Lord Advocate Colin Boyd.

    The Scottish Court in the Netherlands Thursday, March 14 th, 2002, the Crown Office was announced the rejection of the Appeals:

    Megrahi, a Libyan national, was found guilty 31 January, 2001, of the murder of 270 people by placing a bomb on board Pan Am Flight 103 which was en route to New York when it blew up over Lockerbie in December 1988. His co-accused Al-Amin Khalifa Fhimah was acquitted.
    Five senior judges began hearing the appeal at Camp van Zeist near Utrecht on January 23. They are Lord Cullen, the Lord Justice General, Lord Kirkwood, Lord Osborne, Lord Macfadyen, and Lord Nimmo Smith.
    The original guilty verdict was returned unanimously be a panel of three judges sitting without a jury. They were Lord Sutherland, Lord Coulsland and Lord Maclean.

    Lord Advocate Fraser withdrew itself and from 1992 to 1995, Lord Fraser was awarded as Minister of State at the Scottish Office covering Home Affairs and Health. He was then Minister of State at the Department of Trade and Industry with a responsibility for export promotion and overseas investment with particular emphasis on the oil and gas industry. In 1996 he became Minister for Energy.
    °°°
    Why the top law officer quits?

    Before the document "under national security" was shown to the designated chief judge of the Lockerbie Trial, Lord Advocate Andrew Hardie, it had already been decided by the crown at a hearing in January 2000 that Hardie as Scotland's most senior law officer would preside over the trial in Kamp van Zeist

    During the course of the proceedings Lord Advocate Hardie was introduced on February 8, 2000 into the document "under national security" and was instructed to keep the document secret from the other judges and Megrahis Defense Team.
    Reading the PII Lord Hardie saw clearly that he didn't want to take the reponsibility for his already prepared case against Libya anymore.
    The reaction of the highly honoured senior law officer Lord Hardie was coming at once and he quits his order! Lord Advocate Hardie did not want to get its honour dirty...

    On 15 Februar 2000, Lord Hardie did not want to be longer
    oversee the prosecution of the Lockerbie trail and have also lose his role as prosecutor in the trial of the two Libyans suspected of the Lockerbie bombing...

    Scotland's senior law officer has resigned from devolved Scottish government and moved to the bench as a jude.

    °°°
    As a successor during the Lockerbie-Process, Lord Advocate Colin Boyd was selected.
    Lord Advocate, Colin Boyd, who was chief prosecutor at the Lockerbie trial, reacted after the Sunday Times article- Scotland on Oktober 23, 2005, (Fraser: my Lockerbie trial doubts) later by saying: "It was Lord Fraser who, as Lord Advocate, initiated the Lockerbie prosecution. At no stage, then or since, has he conveyed any reservation about any aspect of the prosecution to who worked on the case, or to anyone in the prosecution service."

    Lord Colin Boyd leadin as Advocate for Scotland from February 24, 2000until his Lord Boyd of Duncansby's role as Lord Advocate featured leading the prosecution in the PanAm Flight 103 bombing trial between, May 2000 and January 2001. Of the two defendants, one – Mr. Fhimah– was acquitted and the other – Mr. Megrahi – was convicted on January 31, 2001 of 270 counts of murder, and sentenced to 27 years in jail. Controversy continues to surround Megrahi's conviction despite the rejection of his appeal on March 14, 2002. Evidence presented at the trial has been called into question and doubts have been expressed about the reliability of several key prosecution.

    Following the announcement in April from 10 Downing Street that Colin Boyd QC, Lord Advocate, is to be appointed to the House of Lords, as of today (14 June, 2006) Mr Boyd adopts the title "The Right Honourable The Lord Boyd Of Duncansby".
    Lord Boyd said: "It is a great honour, both personally and professionally, to be appointed to serve in the House of Lords. I look forward to playing an effective role in policy making for the UK, especially in relation to Scottish affairs."
    Lord Boyd will be formally introduced into the House of Lords on 3 July 2006.
    The ex Prosecutor of the "Lockerbie-Case" at Camp van Zeist, Lord Advocate, Lord Colin Boyd, who surprisingly gave his demission on 6th of October 2006.

    May 16, 2007 it was reported that Boyd is quitting the Scottish Bar and will become a part-time consultant with public law solicitors. Strange ?

    The document under "national security" was allegedly withheld from Lord Colin Boyd up to 28th June, 2007. Strange !?
    °°°
    But five years after the PanAm Flight 103 bombing trial, when Mr Abdelbaset Ali Mohamed Al Megrahi was convicted of 270 counts of murder, Lord Fraser, he cast doubt upon the proofs. Why?

    After the first appeal of Libyan Official Mr. Megrahi beeing dismissed on March 14, 2002 by the High Court Peter Frazer assumed to enjoy his live to the full ...
    By insider knowledge he knew at the end of summer 2005 that the SCCRC had included the PII document into its investigations.
    Lord Frazer lost his peace and suffered misgivings. Thus he was tempted prematurely to give on October 23, 2005 the following public statement:
    +++
    1.> "My Lockerbie trial doubts".
    (The Sunday Times - Scotland Mark Macaskill)Excerpt:

    "Warrants have been issued," Fraser revealed to the world’s media packed into the cramped room. "The two accused should surrender themselves for trial." Fifteen years on, Fraser should be reflecting on the successful administration of justice. Following an unprecedented trial heard by three Scottish judges sitting in the Netherlands, one of the two Libyans, Megrahi, is now languishing in a Scottish jail, serving a life sentence for the crime. His co-accused was cleared of involvement.

    As Scotland’s most senior legal officer when Megrahi was indicted, Fraser played a crucial role in bringing the Libyan to book. Yet he has now joined a growing number of people to voice disquiet about the legal proceedings which resulted in the subsequent conviction.

    Fraser’s apparent concern over the reliability of Tony Gauci, the principal witness in the trial upon whose evidence the case against Megrahi hung, follows a recent steady drip of “revelations” which have stoked the fires of conspiracy.

    That Megrahi’s appeal to the Scottish criminal cases review commission is imminent is perhaps no coincidence but some of the new evidence appears more compelling than that presented at his trial and subsequent appeal.
    +++

    On 23 September 2003, Megrahi applied to the Scottish Criminal Cases Review Commission (SCCRC) for his conviction to be reviewed, and on 28 June 2007 the SCCRC announced its decision to refer the case to the Court of Criminal Appeal in Edinburgh after it found he "may have suffered a miscarriage of justice".
    The date is intended on spring 2009for Megrahi's second appeal which will finally decide whether or not the guilty verdict should stand. Meanwhile, Megrahi is serving his sentence in Greenock Prison, where he continues to maintain his innocence.
    +++
    2.> Lord Fraser: "My Lockerbie trial doubts". (The Sunday Times - Scotland Mark Macaskill, 23 Oct. 2006) Excerpt:

    William Taylor QC, Megrahi’s ex defence advocate, said Fraser’s latest comments are highly significant:

    "For the first time in my life I find myself in agreement with Lord Fraser," he said. "I’ve always held the opinion that Megrahi did not purchase clothing in Mary’s House."

    Without that there was insufficient evidence to convict him.

    "[Gauci] made so many errors between the descriptions he gave of the man who bought the clothing at the time and his identification some 14 years later. To say that the evidence could in any way, shape or form be relied upon struck me as being beyond belief."

    Tam Dalyell, the former Labour MP instrumental in organising the trial at Camp Zeist, described Fraser’s comments as an "extraordinary development".

    "I think there is an obligation for the chairman and members of the Scottish criminal review body to ask Lord Fraser to see them and testify under oath — it’s that serious," he said.

    “Fraser should have said this at the time and if not then, he was under a moral obligation to do so before the trial at Zeist. I think there will be all sorts of consequences.”

    Professor Robert Black, emeritus professor of Scots law at Edinburgh university also believes Fraser’s apparent shift is important. "It’s very interesting that someone who was Lord Advocate, the man who, with the attorney-general of the United States, said ‘we know who did it’ is clearly less confident now than he was back then. I am always pleased at any sign of people coming round to the view of Lockerbie which I have held since the trial."

    Meanwhile in Greenock prison, as Megrahi whiles away (ill) the hours in his cell, where he is said to enjoy a range of perks including unlimited telephone calls and access to Arabic television, he may take some comfort from Lord Fraser’s comments.
    +++

    by Edwin Bollier, MEBO Ltd, Switzerland

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