Saturday 29 August 2009

Megrahi's lawyer to release dossier 'proving' his innocence

[The following are excerpts from an article in The Sunday Telegraph by Chief Reporter Andrew Alderson.]

Tony Kelly, a Scottish solicitor, said that Abdelbaset Ali Mohmed al Megrahi, 57, who returned to his homeland ten days ago after being released from prison on compassionate grounds, remains determined to show his guilty verdict was unjust.

Megrahi, who has terminal prostate cancer, withdrew his second appeal against conviction just two days before he was allowed to return to Libya.

Those close to him say he did so reluctantly because he was convinced it would improve his chances of being freed from a Scottish jail, eight years after being convicted of murdering 270 people.

The disclosure will further enrage critics of the decision to free Megrahi, the only man convicted of the atrocity.

It also raises the likelihood of further embarrassment for Scotland over the handling of the original trial and it could lead to fresh questions over whether Megrahi was innocent and, if so, who was really behind the bombing.

Mr Kelly intends to fly to Tripoli, the Libyan capital, within days to receive instructions from his client.

Mr Kelly said: "Mr Megrahi wants all the information that has been gathered made public at some point.

"But how and when this takes place is ultimately a matter for him to decide. It is my intention to travel to Tripoli in the course of the next week or so to obtain his instructions on this."

The lawyer said he had been unable to discuss this issue with Megrahi after his release because things were "fraught" and the Libyan had been rushing to get a plane to his homeland.

Mr Kelly confirmed that Megrahi had left the relevant legal documents supporting his second appeal in the UK rather than take the evidence back with him to Libya.

Although Mr Kelly declined to reveal the new evidence which would have been presented to appeal hearing, it is understood that Megrahi's legal team had planned to list some 20 grounds why his conviction was unsafe, including:

*Potentially crucial evidence was deliberately withheld from Megrahi's first trial.

*One crucial witness was paid $2 million (£1.25 million) for his suspect evidence.

*Allegations of tampering with key evidence.

*American intelligence believed Iran – not Libya – was responsible for Lockerbie. (...)

Professor Robert Black QC, the lawyer who was the architect of the Lockerbie trial, said Megrahi had been caught in a difficult position prior to his release.

This was because Kenny MacAskill, the Scottish Justice Secretary, was considering either releasing him on compassionate grounds or as part of a prisoner exchange programme between Britain and Libya that was first agreed by Tony Blair and Colonel Muammar Gaddafi, the Libyan leader, two years ago.

Megrahi could have been released on compassionate ground without dropping his appeal – but he could not have been freed under the exchange programme if legal action was ongoing.

"Megrahi [had] reached a stage where he was so concerned to get back to Libya to die that he was prepared to do even unpalatable things [drop his appeal] to achieve that objective," Professor Black said.

He added that the new evidence relating to Megrahi's second appeal ought still to be made public – initially through a limited inquiry in Scotland into the entire Lockerbie criminal case.

He said there was also a chance of a larger EU or United Nations investigation into the case. (...)

Megrahi's second appeal had been permitted in 2007 after the Scottish Criminal Cases Review Commission uncovered six separate grounds for believing the conviction may have been a miscarriage of justice.

Under Scottish law, provided the appeal was ongoing, Megrahi's family could have continued it after his death, but the legal action was halted by the appeal being withdrawn.

2 comments:

  1. There seems to be a much better chance of a United Nations investigation than an EU inquiry into Lockerbie. As Dr Hans Koechler recently said: "the United Nations General Assembly may consider establishing an international commission of inquiry into the Lockerbie incident on the basis of Art. 22 of the UN Charter. Since the United Nations Security Council, acting under Chapter VII of the Charter, has decided on 12 September 2003 to remove the Lockerbie issue 'from the list of matters of which the Security Council is seized,' the General Assembly would undoubtedly have authority to deal with the issue (see http://i-p-o.org/Megrahi-statement-Koechler-IPO-nr-21Aug2009.htm).

    And the timing for a UN Inquiry into Lockerbie appears to be especially propitious: Libya currently has a seat on the UN Security Council; Libya's former foreign minister, Ali Treki, is about to become chairman of the UN General Assembly; and, the Libyan leader, Colonel Gaddafi, is scheduled to make a landmark address to the United Nations in New York on 23 September 2009.

    In fact, the prospects for a 'United Nations Inquiry into the death of UN Commissioner for Namibia, Bernt Carlsson, in the 1988 Lockerbie bombing' have never been better!

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  2. MISSION LOCKERBIE: Mr. Andelbaset Al Megrahi support the issue of a public inquiry. New Tactics:

    The result of a criminal charge against Scottish officials is the beginning of a further investigation in the "Lockerbie-conspiracy" against Libya.

    Some of the Scottish Officials are the true criminals in the Lockerbie Affair: Ex forensic scientist Dr Thomas Hayes (RARDE) UK, Ex forensic expert Allen Feraday (RARDE) UK and three known persons of the Scottish police are responsible for manipulating evidence in the Lockerbie Affair and are still protected by the Scottish Justice ! (They are not involved in the PanAm 103 bombing, but responsible for the conspiracy against Libya).

    More informations including defence evidences on: www.lockerbie.ch

    by Edwin and Mahnaz Bollier, MEBO Ltd. Switzerland

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