[This is the headline over an article by The Herald's Chief Scottish Political Correspondent, Robbie Dinwoodie. The following are excerpts:]
The Megrahi affair is the biggest tsunami to hit the Scottish Government in its young life, with an international impact which could sweep away belief in our legal system, and with that a plank of the whole case for independence.
It would have been good to see Mr Salmond stepping out in defence of the impossible decision Mr MacAskill faces, but it is not now the style of the FM. The call Mr MacAskill is pondering is the toughest of his career. For that matter, it is the toughest most politicians will face: should he show compassion to the biggest convicted mass murderer in British criminal history?
His decision has not been made any easier by the leak that prompted days of media speculation, and it is a decision he has been left to make alone, one that has no upside politically but a very big downside in the court of public and international opinion.
When you think back to the original Deal in the Desert over prisoner transfers struck between Tony Blair and Libyan leader Muammar al-Gaddafi in June 2007, there was a ferocious response from Mr Salmond as he complained bitterly about the position of the Scottish Government and its distinctive legal system being usurped. In the past week, the First Minister has not exactly rushed to the support of his Justice Secretary, even if reports of a row last Friday are wide of the mark.
While there are technical reasons why Mr MacAskill has to make this decision alone, it still seems odd not to see Mr Salmond weighing in. Normally there is no show without Punch. He has sent a round-robin letter to UN member states seeking support for Scotland banning Trident and was quick to boast a meeting with US Secretary of State Hillary Clinton as a coup when it suited him. Not now, however. (...)
It was first reported by a BBC Scotland journalist based in London last Wednesday that Mr MacAskill would free Megrahi this week. The Scottish Government was thrown on to the back foot because no announcement of such a time scale was planned.
This matters because political opponents have been given extra days to marshal orchestrated attacks on the Justice Secretary on the basis that he is damned whichever way he calls the decision, and at the same time it has made it increasingly unlikely that he could opt for no release at all.
The Scottish Government looks like it might end up with a deeply unsatisfactory outcome. Ministers wanted the Megrahi appeal to go ahead, but the prisoner transfer agreement put pressure on the defence to drop it. It is believed Mr MacAskill prefers the route of compassionate release on grounds of imminent death, leaving the appeal to go ahead.
It looks like the Foreign Office will get its way. Megrahi's appeal will be dropped, soon he will be sent home to Libya to die and, after that, we will be no nearer knowing the truth of Lockerbie and the Scottish legal system will not have been purged of this affair.
ABANDONING MEGRAHI'S APPEAL - THE BIGGER PICTURE
ReplyDeleteAs a former British diplomat, I think we should look at the bigger picture here.
While the Lockerbie appeal continues there is the possibility - some would say the likelihood - of Megrahi's conviction being overturned. Three permanent members of the UN Security Council - the US, Britain and France - are desperate to ensure this doesn't happen by having the appeal dropped tomorrow in Edinburgh's High Court.
That will mean Mr Megrahi remains 'guilty' of the Lockerbie bombing and Libya, having accepted 'responsibility for the actions of its officials' in relation to both Pan Am Flight 103 and UTA Flight 772 (six Libyans convicted 'in absentia'), is firmly in the dock at the United Nations.
The Libyan leader, Colonel Gaddafi, is scheduled to address the UN General Assembly in New York on 23 September 2009, when he is expected to call for a 'United Nations Inquiry into the death of UN Commissioner for Namibia, Bernt Carlsson, in the 1988 Lockerbie bombing' (see http://petitions.number10.gov.uk/UNInquiry/).
What's the betting that next month Gaddafi, an undisputed 'convicted terrorist', will be refused entry into the United States?
Strange to say, it might actually suit Gaddafi to be able to blame the US for his non-appearance at the United Nations. And the Americans would be spared the embarrassment of having President Obama's opening address at the UN being immediately followed by a lengthy diatribe from Gaddafi.
Also, think of the security nightmare that Gaddafi's arrival in New York would entail: where to pitch his bedouin tent (Central Park?); how to deal with the Amazonian guard and to ward off the inevitable assassination attempts?
Despite Hillary Clinton's reported protestations and those of the seven U.S. Senators, the Americans are perfectly ambivalent on the question of Mr Megrahi's release or whether he spends the rest of his life in a Scottish jail. All that Britain, France and the US (and maybe Libya) want is for Megrahi's appeal to be abandoned.
What now has to happen (without fail) is that Megrahi's lawyers withdraw the Minute of Abandonment of his appeal against conviction for the Lockerbie bombing at the procedural hearing of the High Court of Justiciary on Tuesday 18 August 2009.
When this happens, there will of course be red faces in Washington, Westminster and the Elysée palace (possibly in Tripoli), but Kenny MacAskill can hold his head up high whatever decision he takes on the question of Megrahi's release: because the appeal will continue and the truth will out....eventually.
Justice for Megrahi!
MISSION LOCKERBIE:
ReplyDeleteAttention !
A new desaster may happen in the Lockerbie case, if Megrahi's defence does not build in a "security mechanism" into the withdrawal of Megrahi's appeal.
It is obvious that Megrahi is innocent and that the obstructions of the Scottish appeal court in Edinburgh aimed at worsening his cancer to force him to withdraw his current appeal under the PTA.
On August 18, 2009 Megrahi's lawer Mr. Toni Kelly will proceed the withdrawal of Mr Megrahi's appeal at the High Court in Edinburgh !
The Defense Team must build in a "security mechanism" into the withdrawal of the appeal to allow Mr. Megrahi to continue his appeal without delay and reestablish the Status Quo; in case of the likely no of the US State Departement to release Mr Megrahi either on compassionate grounds or under the PTA agreement.
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).
We have learned of a written agreement between the US and the UK that in the Lockerbie case the US State Department has the final say and decides the proceedings with UK and Scotland.
It is likely that after actions like "Keep Lockerbie Bomber Locked Up" by US Secretary of State, Mrs Hillary Clinton, to not release the Lockerbie bomber from a Scottish prison, Scottish Justice Secretary Kenny MacAskill respectively the Sottish Parliament will stop Megrahi's repatriation.
Hopefully Megrahi's defence team has reflected on the possibility of continuing Megrahi's appeal and will take proper precautions.
If the Scottish Justice accelerates the appeal - all judges beeing healthy - Megrahi could still have his name cleared quickly and go as an innocent and free man back to his country and his family.
Questions:
Did Solicitor Tony Kelly take all needed precautions to allow Megrahi to continue his appeal without delay?
And was there a secret deal between Solicitor Kelly and Scottish Justice Secretary Kenny MacAskill to prevent a further investigation into the Lockerbie affair?
By the way, some of the Scottish Officials are the true criminals in the Lockerbie Affair: Ex forensic scientist Dr. Thomas Hayes (RARDE), Ex forensic expert Allen Feraday (RARDE) UK and three known persons of the Scottish police are protected but responsible for manipulating evidence in the Lockerbie-Affair!
(Not involved at the PanAm 103 assassination attempt, only responsible for the conspiracy against Libya)
The last bad intern news: Mr. Megrahi must stay in Scotland, very sorry for Mr. Megrahi and his familie.
Nevertheless the truth triumphs for Mr. Megrahi and Libya! Justice For Abdelbaset Al Megrahi and Libya!
More information comes soon on our webpage: www.lockerbie.ch
by Edwin and Mahnaz Bollier, MEBO Ltd., Switzerland
MISSION LOCKERBIE: ATTENTION!
ReplyDeleteDienstag den 18. August '09, muss als wichtiger Tag für Libyen in der Lockerbie-Affäre angesehen werden!
Nachdem der Plan von Scottish Justice Secretary Kenny MacAskill, eine Begnadigung von Mr. Abdelbaset Al Megrahi, verbunden mit Umsiedlung in ein Gefängnis nach Libyen, von US Secretary of State, Mrs Hillary Clinton gestopt wurde, liegt eine Grosse Verantwortung bei Megrahi's Verteidigungs Rechtsanwalt, Mr. Toni Kelly!
Wenn es Taylor&Kelly Solicitors nicht gelingt, die Richter am High Court in Edinburgh zu überzeugen, dass durch die oben genannte Situation, der Status Quo wieder hergestellt, bezugsweise das aktuelle Appeal weitergeführt werden muss, dann würde für den Staat Libyen eine neue Welle von zusätzlichen Schadensersatz-Forderungen von verschieden Geschädigten, wie z.B. die in Liquidations befindende Pan American World Airways Inc. USA, Versicherungsgesellschaften, Police Investigation etc., in milliarden-Höhe US$ zukommen!!!
Dies weil ihr Official Mr. Megrahi, rechtsgültig für das PanAm 103 Attentat verurteilt bleiben würde.
Da Libyen bereits früher durch die Bezahlung von US$ 2.7 Milliarden an die Hinterbliebenden der Opfer von PanAm 103, die Verantwortung für den Schaden welcher ihr Official Mr. Abdelbaset Al Megrahi angeblich verursachte, die Verantwortung durch UN Vermittlung übernommen hatte!
more information on: www.lockerbie.ch
by Edwin and Mahnaz Bollier, MEBO Ltd., Switzerland
A better translation in English follows. Sorry that is only a computer of "Babylon"
MISSION LOCKERBIE: ATTENTION!
Tuesday 18 August ' 09, must be regarded as an important day for Libya and Mr. Abdelbaset Al Megrahi, in the "Lockerbie-affair"!
After the plan of Scottish Justice Secretary Kenny MacAskill, a pardon of Mr. Abdelbaset Al Megrahi, connected with resettlement into a prison to Libya, was stopt of US Secretary of State, Mrs Hillary Clinton, lies a large responsibility with Megrahi' s defense attorney, Mr. Toni Kelly!
If it Taylor&Kelly, Trail Solicitors not succeeds, judges to High Court in Edinburgh that by the situation specified above, which status Quo must be resumed be repaired, the concerning current Appeal then it became for the State of Libya a new wave of additional demands for payment of damages of differently damages, like e.g. into liquidation finding Pan American World Airways Inc. USA, insurance companies, policy Investigation etc., in billion height US$ come !!!
This because its Official Mr. Megrahi, legally for the PanAm 103 assassination attempt would remain condemned. There Libya already in former times by the payment of US$ 2,7 billion to the Families of the victims of PanAm 103, the responsibility for the damage of which its Official Mr. Abdelbaset Al Megrahi allegedly caused, the responsibility by UN switching had taken!
more information on: www.lockerbie.ch
by Edwin and Mahnaz Bollier, MEBO Ltd., Switzerland
Patrick Haseldine said...
ABANDONING MEGRAHI'S APPEAL - THE BIGGER PICTURE
I disagree with Edwin Bollier when he suggests (above) that there's going to be a flood of compensation claims against Libya, were Mr Megrahi to abandon his appeal tomorrow. Such claims are specifically precluded by the Libyan Claims Resolution Act, signed by President Bush just over a year ago (http://lockerbiecase.blogspot.com/2008/08/patrick-haseldine-on-us-libya.html).
If no transfer of Mr. Abdelbaset Al Megrahi to Libya, then the current Appealis to be continued !
ReplyDeleteJustice for Mr. Megrahi and Libya!
by MEBO Ltd
I'm not sure it works like that!
ReplyDelete