Monday, 21 September 2009

The Scotsman legal debate: Megrahi

With the decision to release the Lockerbie bomber still reverberating around the Scottish legal profession, it was unsurprising that the topic was first on the agenda for the annual Scotsman live legal debate held on Wednesday in Edinburgh. (...)

Marshalled by journalist and commentator Ian Fraser, the panellists were: Jonathan Mitchell QC, a member of the Faculty of Advocates' council; Ian Smart, the president of the Law Society of Scotland; Catriona Headley, the secretary of the Scottish Young Lawyers Association and Lorne Crerar, the chairman of Harper Macleod.

Has the Megrahi decision damaged the Scottish justice system?

Jonathan Mitchell: I don't believe anyone, a couple of years from now, in Scotland or anywhere else is going to have this near the front of their minds. Enough murderers have been freed in Scotland, England and elsewhere in Europe in recent years without anybody paying much attention. We freed 78 murderers in Northern Ireland following the Good Friday Agreement.

There might be an issue as to whether we should change policy in the future. We should perhaps follow the example of other countries and say ministers should not take the decision on compassionate release – this is something for judges, or the parole board. The parole board advised that Megrahi should be released, the governor of the prison advised he should be released, the medical advice was that he was terminally ill. I don't see how you can turn round and say: "you're just the parole board, you're just the governor of the prison, you're only doctors, I am an elected politician responsible to the electorate and I say you're wrong". That would be outrageous.

Ian Smart: All civilised legal systems have compassionate release. The minister made a decision based on the evidence that was presented to him and the law of Scotland. The theory that suggests he, Peter Mandelson, Colonel Gaddafi's son and others formed a conspiracy is just absurd. No sane person thinks he made the decision other than in good faith. We have to move on.

Lorne Crerar: I was very proud we dealt with it the way we did and that we are seen as being a nation of compassion rather than a nation of cruelty. I see it as being a positive that the Scottish legal system is seen as being robust and independent and has compassion as a part of what it does.

Catriona Headley: The problem with the Megrahi decision is it appears to have been made by a politician for political reasons. If you look at the guidance that was available and the legislation followed by the justice minister, I don't think there was any other option but to release Megrahi.

[From the report on the debate in today's edition of The Scotsman.]

19 comments:

  1. Mission Lockerbie: Mysterious and outrageous !!!

    Mr. Abdelbaset Al Megrahi's advertise online publication on internet of legal documents that he says clear his name has been condemned by Scotland’s law chief Lord Advocate Elish Angiolini as well as victims’ families.
    Does a new scandal begin? Why Mr. Megrahi had withdrawn its success promising Appeal, in the prison Geenock, shortly before beginning?

    Professor Dr. Hans Koechler, UN Observer during " Lockerbie trial" in Kamp van Zeist, explained to me:

    +++ "That after Scottish right it is "for so called; compassionate release" not necessary that a condemnation withdraws its appointment. This would have been only necessary, if Megrahi on the basis of the British-Libyan agreement had returned over prisoner transfer to Libya!
    Megrahi did thus without each reason without its right that its appellate procedure keeps running also after its death. Possibly it was not correctly instruct" in the prison Greenock, over the legal situation!"+++

    German text comes in English language soon...

    MEBO stellt die Frage in den Raum: Wurde Mr. Megrahi im Gefängnis mit etwas erpresst, das mit dem eigentlichen PanAm 103 Attentat direkt nichts zu tun hatte und noch unbekannt ist, wurde er unter Drogen gesetzt, oder wurde er belogen?
    Wenn Mr. Megrahi aus freiem Willen sein Appeal zurückgezogen hätte, würde er heute nicht mit allen Mitteln seine Unschuld und sein Name klären wollen!

    Was für eine fragwürdige Rolle spielte Solicitor Tony Kelly als "Rechtsbeschützer" in dieser merkwürdigen Angelegenheit? Wieso haben die Lord Advocates ohne Einspruch innert Rekordzeit diesem fragwürdigen Geschäft zu Lasten Megrahi's und Libya's, ohne Rücksprache und Belehrung Megrahi's zugestimmt ?

    More information on our website: http:www.lockerbie.ch

    by Edwin and Mahnaz Bollier, MEBO Ltd., Switzerland

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  3. MYSTERIOUS? No. OUTRAGEOUS? INDEED.
    Following is an excerpt from Pg. 24 of Written Submissions posted on Megrahi's site http://megrahimystory.net :
    "The Crown’s case was that supply of MST-13 timers was exclusive to Libya and it invited the court to reject the evidence of supply to the Stasi on the basis
    that such information had been provided belatedly by Bollier and only after he had a
    meeting with a Libyan lawyer representing the two accused from whom Bollier
    sought a loan of $1.8 million."

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  4. MISSION LOCKERBIE: Attn. Bunntamas

    Es war bei FBI, der Scottish Police und dem Libyschen Supreme Court, 8 Monate vor dem US- und UK-Indictment gegen Libyen von mir bekannt gegeben worden, dass zwei Prototypen, MST-13 Timer dem ostdeutschen Staatssicherheits-dienst "STASI" von MEBO geliefert wurden.

    Alle MST-13 Timer, welche ausge-liefert wurden, 2 Prototypen, mit braunen Circuit Board's an "STASI" und 20 original MST-13 Timer, mit grünen Circuit Board's an das Libysche Militär, haben mit dem manipulierten MST-13 Timerfrag-menten, PT-35B, PT-35b und DP-31(a), welches angeblich in Lockerbie gefunden wurde, nichts zu tun!

    Das erste braune Circuit Board PT-35B (Photo PI/995) und die zweite grüne Fälschung PT-35(b) (Image 3) registriert von Dr. Hayes und Allen Feraday (RARDE) wurden manip-uliert, bezugsweise gefälscht!

    Beide "Lockerbie MST-13 Fragmente" wurden nachweislich aus nicht funktionsfähigen Circuit Bords fabriziert! Das PT-35B von Ing. U. Lumpert's übergebenen braunen Circuit Board (siehe Affidavit)!
    Both "Lockerbie MST-13 Fragmente", were provable produced from not functional Circuit timer !!!

    Photos on our website: www.lockerbie.ch

    by Edwin Bollier, MEBO Ltd.,Switzerland

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  5. Why didn't the Crown get the timer fragment tested for explosive?

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  6. By the way: Was the "radio fragment" tested for explosives? I suppose not.

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  7. Attn. Adam:

    From the court records of Kamp Zeist and from the RARDE report No. 181, does not come out that the Toshiba RTS F-16 radio fragment No. AG/145 was examined after explosive powder!

    Aus den Gerichtsakten von Kamp Zeist und aus dem RARDE Report No. 181, geht nicht hervor, dass das Toshiba RTSF-16 Radio Fragment No. AG/145 nach Sprengstoff Puder untersucht wurde!

    by Edwin Bollier, MEBO Ltd

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  8. To ebol:
    as a man who handled electronic equipment for many years you surely could tell us laymen what the white prints "L106" and " 101" on the radio fragment mean.

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  9. Attn. Adam:

    1.> This fragment Prod. AG/145 was break out from the circuit board, size approx 35 x 8 cm, of the Toshiba radio recorder, type RT-8016 RF. On the back site under position L106' was a electronic coil and under position 101' a resistor or a condensator soldered on.

    2.> These letters and characters visible as 101' and L106' would not appear in white colour after an explosion. It shows by tests that the white colored letters and chracters on a green circuit board, after a small explosion it appears as black color, thus can be accepted the fragment Prod. AG/145 was also manipulated!

    3.> It seems that the Toshiba Radio circuit board Prod. AG/145 like the MST-13 Fragment PT-35B were never examined for residues of explosives!!!

    by Edwin Bollier, MEBO Ltd

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  10. As far as I can see the radio-fragment (AG/145) has absolute nothing to proove that it stems from a specific Toshiba radio circiut coard. All radio circuit boards of that time looked that way with printigs and soldering holes for coils, condensators and resistors.
    The explanation that this fragment could only come from a TOSHIBA RT 8016 has never been testet in court - as far as I can see.

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  11. Attn. Adam:

    The proof that it concerned a radio recorder Toshiba type RT-8016 RF, was supported mainly on the doubtful paper of fragments of the operating instruction. On different paper fragments was publishes Toshiba // BombBeat // RT-8016-RF...

    Why was the Toshiba radio manual shown to witness Decky Horton at Kamp van Zeist different from the original Toshiba radio manual found by the Hortons? Is it proof of a conspiracy?

    Answer from MEBO Ltd:

    Why to witness Decky Horten at the court in Kamp van Zeist were shown as evidence only some paper fragments of a Toshiba radio recorder manual, RT-8016-SF16 BomBeat? There is a logical explanation.

    These paper fragments, did not descend from the Toshiba manual found by Decky Horton in Lockerbie; why?
    The Toshiba manual found by Decky Horten was not belonging to a Toshiba radiorecorder type ever supplied to Libya by Toshiba!

    The Toshiba manual found by Goeff and Decky Horton was undestroyed and was found together with a radio recorder fragment (AG/145). This proves that this fragment did not originate from an explosion, but was placed there deliberately with other pieces of evidence (PT-35; a;b;c;d)! This explains also why the fragment (AG/145) has never been tested for explosive residues by Dr. Hayes!

    Thus was clear, in order to entangle Libya into the PanAm-103 assassination attempt, as proof, paper fragments of a Toshiba radio recorder manual were used, which descended from a Toshiba equipment delivered to Libya.

    "What a coincidence", these paper fragments, sheet, no.1 to 5 were found together with the alleged PT-35 timer fragment (MST-13) and had been specified by chiropodist and "expert" Dr. Thomas Hayes (RARDE) in Ford Halstead on its manipulated auxiliary side no. 51 in his Examination Rapport of the 12th of May 1989 …

    It is provable that the manipulated side no. 51, was later used by Dr. Hayes. The original sides numbers, 51 to 55, were overwritten by Dr. Hayes with no. 52 to 56!
    The paper fragments from a exchanged wrong Toshiba manual were needed to proof the conspiracy against Libya...

    by Edwin and Mahnaz Bollier, MEBO Ltd. Switzerland

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  12. Dear ebol, my question to you was: What of this radio circuit-board fragment is specific for a Toshiba circuit board?
    I presume if you would search all the available circuit-boards in the World from those days (for Radios and other electronic equipment, certainly tens of thousands of models) you would find at least a dozen that matched this tiny unspecific part. The only reason why a match was made to a Toshiba was that the investigators had the PFLP-GC i mind.

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  13. Attn Adam:
    Yes this radio circuit-board fragment no. AG/145 (101' L106') is specific from a Toshiba circuit board! All others thousand radios have other circuit boards and other designations.
    The reference of which radio recorder was for Mr. Feraday the names on paper fragments...

    Forensic expert Allen Feraday(RADE) visit, with this Radio Fragment no. AG/145(101'L106') and the paper-fragments with the letter: //Tohsiba // RT-8016-SF16 //BomBeat, the Toshiba company in Japan and found out that seven Toshiba models were identified with this part of circuit board, as follows:

    "A, RT-8016, manufactured in Japan.
    "B, RT-8026, manufactured in Japan.
    "C, RT-SF16 BomBeat manufactured in Japan.
    "D, RT-SF26, manufactured in Japan.
    "E, RT-SF1(R),"Sugar,"manufactured in Japan.
    "F, ARS-8016 "Daewoo" assembled in South Korea.
    "G, RT-SF16 Videocon Hi-Beat assembled in India.

    by Edwin Bollier, MEBO Ltd., Switzerland

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  14. To Ebol:
    You still do not answer the question: In how far does the radio fragment itself show signs typical for a Toshiba circuit board design as opposed to any other design?

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  15. Attn. Adam, supplementing:
    OK, such circuit boards like AG/145 show no typical for a Toshiba RadioRecorder design. Whom one does not have a reference, the circuit board fragment, can be the fragment of thousand radios! I hope you understand me, apology my bad English.

    It is interesting to know that the USA, 1988-1989 likewise in the possession of such Toshiba radio recorder RT-8016/RT-SF16 was!

    Sales report from Toshiba company. Toshiba radio recorder exports to the USA:
    Year 1988- 1989
    1989/04/- 1989/09 > 500 piece, RT-8016/RT-SF16
    1988/10/- 1989/03 > 1000 piece, RT-8016RT-SF16
    °°°°
    Sales report from Toshiba company. Toshiba radio recorder exports to Libya:
    Year 1987- 1989
    1987/10- 1988/03 > 100 piece, RT-8016/RT-SF16
    1988/04- 1988/09 > 200 piece, RT-8016/RT-SF16
    1988/10- 1989/03 > 250 piece, RT-8016/RT-SF16
    °°°°
    Sales report from Toshiba company. Toshiba radio recorder exports to Lebanon:
    Year 1987- 1988- 1989
    1987/10- 1988/03 > 100 peace, RT-8016/RT-SF16
    1988/10- 1988/03 > 40 peace, RT-8016/RT-SF16
    °°°°
    More professional information on our website: www.lockerbie.ch

    by Edwin and Mahnaz Bollier, MEBO Ltd., Switzerland

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  16. Has anybody ever seen a photo of the back side of the radio circuit board fragment? Mr. Feraday told the court that he had found something specific for Toshiba radios - something of "diamond shape".

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  17. What a pity! Interested people should watch the famous fingertip photo with the tiny radio fragment. And then they should consider if it really could be possible for Mr. Feraday to identify this fragment as a special Toshiba radio fragment without any laboratory test and only by looking at it (as he told the - in technical matters innocent - judges). This seems to be the start of all the rubbish in this case. Mr. Bollier notes that the identification took place because there was that paper manual fragment with the letters "...BA". Well, this fragment of a manual was "found" by Mr. Feraday when Mr. Feraday had ordered his representative in Washington to buy two Toshiba-Radios of that kind in the USA and bring them back to GB. Further, the Toshiba Company had delivered samples of various Radio types to Mr. Feraday. So there were some manuals "at hand".

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  18. As far as I am aware the identification of the fragment as part of a Toshiba SF-16 (twin speaker) model had a lot to do with the (supposed) recovery of an SF-16 owners manual. Why this would be packed in the primary suitcase escapes me.

    The RT-453 single speaker recovered from the boot of Dalkamoni's car (and what ever happened to that?) was a single speaker. Marwan Khreesat calimed never to have used a twin speaker model but as this interesting discussion demostrates the identification of the piece of circuit board is very problematic.
    (See part V of The Masonic Verses The elephant in the Room at http://e-zeecon.blogspot.com

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