Friday, 15 March 2019

European Investigation Order granted to SCCRC relating to Lockerbie case

On Wednesday 13 March 2019 an application by the Scottish Criminal Cases Review Commission in relation to the Lockerbie case was heard by three judges of the High Court of Justiciary in Edinburgh. The SCCRC sought and was granted a European Investigation Order addressed to the Federal Republic of Germany. The Order granted by the court reads as follows:

In the application by the SCCRC under section 194IA of the Criminal
Procedure (Scotland) Act 1995 seeking a European Investigation Order.

The Court, on the motion of the Advocate depute, being satisfied that an
order was necessary and that it was in the interests of justice that it be made
to secure possible future criminal proceedings, made an order prohibiting the
publication in any form of the information discussed in respect of the
application by the Scottish Criminal Cases Review Commission, heard before
the court this morning; withholding from publication material, namely (a) the
name of the person referred to in paragraph 3 of the application and
elsewhere in that application and any information calculated to disclose his
identity or his present whereabouts (b) any reference to, or any detail of or
pertaining to the involvement, actual or alleged, of that person in the
bombing of Pan Am Flight 103 in 1988 and (c) the other incident referred to
in paragraph 3 or elsewhere in the application; along with making that order
at common law, withholding that information from the public domain, the
court made an Order in terms of section 11 of the Contempt of Court Act
1981, prohibiting publication of all of that information, as set out in the first
part of the Order and made that a final Order, effective from now; having
heard counsel for the applicant, Grants the application and authorises the
issue of a European Investigation Order, together with the schedule of
documents conform to separate order and schedule attached hereto, to the
Federal Republic of Germany to obtain the evidence specified therein.

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