Friday 14 August 2009

Is the appeal about to be abandoned?

[Lucy Adams, chief reporter of The Herald is confident that it is. Here is what she says in an article in today's issue of the newspaper:]

Relatives and campaigners are calling for a public inquiry into the Lockerbie saga after it emerged the appeal by the man convicted of the bombing is expected to be dropped within days. (...)

British relatives, however, who broadly welcome the Libyan's release on compassionate grounds, have raised fears that the Scottish justice system's role will never be properly scrutinised without an inquiry if his appeal is dropped.

Dr Jim Swire, whose daughter Flora died in the tragedy, last night said he was extremely concerned about rumours that the Scottish Government had suggested to Megrahi that he drop the appeal if he wants to go home. Mr Swire said that if he could, he would continue the appeal himself.

"When I went to see Gaddafi to persuade him to agree to Zeist, I told him the Scottish justice system was the best in the world. Since then I have been proven completely wrong.

"The speed of the appeal has been decidedly glacial and we have barely scratched the surface. A public inquiry is absolutely necessary to investigate the many concerns that have arisen. I don't believe he is guilty, but even those who do should recognise that two wrongs don't make a right."

Professor Robert Black, one of the architects of the original trial at Zeist, said: "I just don't understand why he is dropping the appeal now.

"If the appeal is to be dropped then the next step is to press for a public inquiry. The Scottish Government has not closed the door on this and in the past have implied that they are not necessarily opposed to it. Once the appeal is dropped this is really the only avenue available for people to get questions and issues into the public domain."

Officials have vehemently denied rumours about the appeal but questions have been raised about why proceedings are to be halted, as it is possible to be released early on "compassionate" grounds while legal proceedings are active.

The Scottish Government is insisting that no decision has yet been taken to free Megrahi, but The Herald understands he will go home before Ramadan starts on August 21.

Legal papers are expected to be lodged with the court of criminal appeal in the next few days to say the appeal is to be dropped.

A Libyan official in Tripoli yesterday said a deal was "in the last steps", but stressed both sides had agreed to keep quiet until Megrahi was back in Libya.

[Note by RB: There is no way under Scottish criminal procedure by which Dr Swire could continue the appeal if Abdelbaset Megrahi instructs it to be abandoned. If Mr Megrahi died while the appeal was still proceeding, then any person with a legitimate interest could apply to the court to be allowed to continue it. This is normally a close relative of the deceased appellant, but it is just possible that the court might recognise a close relative of a murder victim as having such a legitimate interest. But if the appellant himself abandons his appeal, there is no mechanism for allowing a third party to take it over.

In a further thoughtful and important article in The Herald entitled "Embarrassment to a nation or an act of compassion?" Lucy Adams looks at the implications of compassionate release for a series of interested parties.

The Scotsman has an article which asserts that the Justice Secretary's decision will be announce in four days' time. The relevant portion reads:

'Relatives of the Lockerbie bomb victims are expected to learn as early as Tuesday whether the only man convicted of the terrorist atrocity will be freed.

'Justice Secretary Kenny MacAskill is understood to be finalising a decision to allow Abdelbaset Ali Mohmed al-Megrahi to return to Libya on compassionate grounds because he is in the late stages of cancer.

'It is believed Mr MacAskill will confirm this conclusion when the Scottish Government cabinet meets on Tuesday and a decision may be announced that evening or the following day.']

4 comments:

  1. MISSION LOCKERBIE:

    Die Nachricht ist erfreulich, dass der falsch verurteilte Mr Abdelbaset Al Megrahi wegen seiner totbringenden Krankheit vorzeitig vom schottischen Gefängnis Greenock, nach Libyen übersiedeln kann. Auf der anderen Seite ist es von der Scottish Justiciary unmoralisch, das entlastende Appeal, für Mr. Megrahi, derartig zu verschleppen und vorsätzlich zu vermarkten!
    Was wollte die Scottish Justice mit der vorgesehenen Freilassung Mr. Megrahi's bewirken?: Nichts anderes als eine absehbare Welle von weltweiten negativen Protesten gegen Libyen und ihres Offiziellen Mr. Abdelbaset Al Megrahi, mit der Absicht das fortlaufende Appeal weiter zu verzögern!

    Nicht zu vergessen: In 2007, after a four-year study, the Scottish Criminal Case Reappeal Commission granted Megrahi his request for appeal and indicated the Libyan might have been wrongfully convicted (presumable a miscarriage of justice in 6 points).

    Die Scottish Justiciary hat die Plicht, nicht nur gegeüber Libyen und seines Offiziellen, sondern auch gegenüber den Hinterbliebenen der Opfer von PanAm 103, auf schnellstem Weg endlich die Wahrheit, bezugsweise die nicht Beteiligung von Mr. Megrahi und Libya, an der PanAm-103 Tragödie, an den Tag zu bringen!

    Diese abgesicherte Möglichkeit besteht seit der Erteilung des neuen Appeals durch die SCCRC (June 28, 2007) durch neue vorgelegte Entlastungsbeweise. (u.a. das Affidavit von Ing. U. Lumpert, über das manipulierte MST-13 Timerfragment etc.)

    Die Weltbevölkerung kann nur hoffen, dass der Leader Libya's Mr. Moammar El Gaddafi, also Cherman of the African Union AU, in seiner Rede on the opening day of the annual session on September 23, 2009 with the UN, die Fakten nochmals klarstellt und im Namen der Victim's ebenfalls eine neue Untersuchung im Auftrag der UN über den "Lockerbie-Fraud" gegen die Scottish Justice verlangt!

    UK Officials and Experts Dr. Hayes und Allen Feraday (beide von RARDE) sowie einige bekannte Beamte der Scottish Police waren an der Verschwörung gegen Libyen, durch manipulierte Beweise in einem grossen Fall involviert und werden bis heute von der Scottish Justiciary geschützt. (Diese Offiziellen haben nichts zu tun mit dem Attentat auf PA-103, nur mit der Verschwörung)

    "The trial before was far from fair and proper".
    More infos on: http://www.lockerbie.ch

    In English language follows shortly
    by Edwin and Mahnaz Bollier, MEBO Ltd., Switzerland

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  2. "Any citizen of the European Union, or resident in a Member State, may, individually or in association with others, submit a petition to the European Parliament on a subject which comes within the European Union's fields of activity and which affects them directly.
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  3. Ruth, thank you for the professional information
    Edwin and Mahnaz

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  4. Ebol,
    It would be good to gather as many people as possible who have been affected by the bombing and its aftermath.

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