Libyan acceptance of neutral venue trial reaffirmed

[What follows is an item headed Breaking of deadlock in Libya? posted on Safia Aoude’s The Pan Am 103 Crash Website and based largely on a report published by the Libyan Jana news agency on this date in 1998:]

Jim Swire held talks in Libya on Saturday with the justice minister about the trial for two suspects in the attack, Libya's official news agency reported on the 19th April. [Dr] Swire, and victims' legal adviser Robert Black met Justice Minister Mohammed Belgasim al-Zuwiy [more often anglicised as Zwai] after arriving in Tripoli.

They discussed suggestions by Swire and Black “concerning reaching ... a fair and just trial of the two suspects in a neutral country,” Libya's official news agency, JANA, reported. Swire and Black drove 215 miles from Tunisia to the Libyan capital Saturday, Swire's spokesman, David Ben-Ariyeh [Ben-Aryeah], said in London. Swire told Ben-Ariyeh he was grateful for the “efficient and warm welcome” they received.

Black and Swire held talks in Tripoli this week with [the suspects’ lawyer Ibrahim] Legwell and Libyan foreign affairs and justice officials. They also met Libyan leader Muammar Gaddafi in a bid to gain support for a trial plan formulated by Black. The most important meeting was held with the Libyan lawyer for Fhima and Megrahi in Tripoli, Dr Ibrahim Legwell.

Ibrahim Legwell said he told Scottish lawyer Robert Black and Jim Swire, that his two Libyan clients were ready to stand trial under Scottish law in a neutral country.

“We agreed on several basic points and details,” Legwell told Reuters in a telephone interview from the Libyan capital Tripoli. “I confirmed to them, as I have done previously, that my clients would stand for trial before such a court, which will be set not in Scotland nor the United States, but in a neutral country,” he added. “We also agreed that it would be established with an international panel of judges to be agreed upon and presided over by a senior Scottish judge. The court would operate under the criminal law and procedures of Scotland,” he added as well.

“We also are very concerned about how to ensure the safety, the security and the rights for our clients pending, during and after the trial,” he said.

Legwell said Libya's Justice Minister Mohamed Belgacem Zwai, Vice-Minister for Foreign Affairs Abdel Ati al-Obeidi, and Libya's representative at the UN, Abouzid Omar Dourda [Dorda], attended part of his meetings with Black and Swire when these issues were discussed.

Zwai said he expected a settlement of the dispute over where to hold the trial. “We expect we will reach a solution that satisfies all parties before the World Court issues its decision,” he told reporters in Cairo late Monday. Black and Swire also met Libyan Foreign Affairs Minister Omar Mustafa al-Montasser in Libya and then Gaddafi Monday at the end of their visit. The Libyan revolutionary leader had in the past said he would support whatever the suspects' lawyers accepted.

Black and Swire left Tripoli Monday for Cairo, where they were to submit their proposal and results of their talks in Tripoli to Arab League Secretary General Esmat Abdel Meguid and the Organisation of African Unity (OAU) chief, Salim Ahmed Salim, Legwell said. Zwai met Abdel-Meguid Tuesday, officials in Cairo said. Black and Swire also undertook to persist in their efforts to persuade the British government to join Libya in accepting the proposal, he added.

Legwell said the plan was that if Black's proposal was accepted by Britain, regional groupings such as the Arab League, the OAU and the European Union would submit to the Security Council a text approving the plan ahead of suspending the sanctions.

Jim Swire arrived in Cairo on the eve of the 21st April, and he told Reuters by phone, that Libya had agreed to surrender the two suspects to the Netherlands for trial. “I think the importance probably of what we've done is they (the Libyans) have renewed that undertaking and they have reinforced it,” he said. “This (proposal) was given the blessing of the leader subsequently,” Swire said of his 40-minute meeting with Gaddafi.

“The problem of course is, will the west set up the court that is required? I don't know what else the Libyan government can do to prove that they mean it when they say they would come.”

Death of film director Allan Francovich

[Allan Francovich died at Houston Airport, Texas, on this date in 1997. What follows is excerpted from his obituary in The Independent, written by Tam Dalyell:]

That Allan Francovich should die prematurely, succumbing to a heart attack in the Customs Area of Houston Airport, is hardly astonishing to those whose lives were touched by this remarkable, hyperactive film director. I picture him arriving to meet me in the Central Lobby of the House of Commons, bag and baggage full of contents, out of breath, and blurting out the latest discovery that he had made about the iniquity of the authorities.

He reeled off facts at a mind-boggling rate. Yet, unlike most conspiracy theorists - of which he was proud to be one - Francovich was scrupulous about fact, and particularly about unpalatable facts which did not suit his suspicions. I never caught him cutting any inconvenient corners to arrive at the conclusion he wanted. He was, above all, a seeker after truth, wheresoever that truth might lead. (...)

My first introduction to Francovich was from Dr Jim Swire of the British Lockerbie Victims, who said that he had persuaded the best investigative film director in America to turn his attention to the crash of Pan Am flight 103 over Lockerbie, Dumfriesshire, on 21 December 1988 that had killed his daughter Flora along with 269 other victims.

Once persuaded that there was a cause for suspicion, Francovich was the most determined of ferrets. The end result was his film The Maltese Double Cross (1995), made in conjunction with his fervently loyal colleagues John Ashton and David Ben-Aryeah and their cameraman Jeremy Stavenhagen. The showing of the film on Channel 4, and in the House of Commons, did more than anything else to awaken the British from J S Mill's "deep slumber of a decided opinion" about responsibility for Lockerbie.

Quite simply, Francovich proved the so-called Malta connection, on which the case against Libya depends, was a fabrication. Francovich identified the shooting down by the USS Vincennes of an Iranian airliner carrying pilgrims to Mecca as the starting point for Lockerbie. The Iranian Minister of the Interior, Ali Akbar Mostashemi, swore that there should be a "rain of blood" in revenge. He had been, crucially, the Iranian ambassador in Damascus from 1982 to 1985, and had close connections with the terrorist gangs of Beirut and the Bekaa valley. They had infiltrated an American drug sting operation, which allowed them to circumvent the security precautions at the Rhine Main airport in Frankfurt. It was typical of Frankovich that he could go to the Jafaar family of the naive courier who had perished in Pan Am 103, and capture them on film in a powerful sequence showing up the activities of the Neuss terrorist gang operating in Germany.

It was Francovich's multi-dimensional, multilingual talents which I am sure will eventually unlock the truth about Lockerbie. Rare indeed, outside fiction, are the crusaders of truth who, time and again, have put themselves in personal danger as Francovich did.

Allan Francovich, film director: born New York 1941; married 1970 Kathleen Weaver (marriage dissolved 1985); died Houston, Texas 17 April 1997.

Libya agrees Lockerbie deal

[This is the headline over a report carried on the BBC News website on this date in 2003. It reads in part:]

Lawyers acting for families of the Lockerbie bombing victims say they have reached agreement with Libya on the payment of compensation.

The deal to set up a $2.7bn (£1.7bn) fund was struck with Libyan officials after negotiations in London.

Once the money is in place, Libya is expected to write to the United Nations saying it takes responsibility for the attack on Pan Am flight 103. (...)

Under the deal Libya was expected to start transferring the compensation money - up to $10m for every victim - into a Swiss bank account immediately.

The US is then expected to write to the UN Security Council to say it believes Libya has met the conditions for lifting of sanctions, which were suspended in 1999.

Britain would circulate a draft resolution calling for that step to be taken.

Lawyer Mark Zaid, who represents about 50 of the Lockerbie families, has been involved in the negotiations with the Libyan government.

He told BBC Scotland that the potential $10m pay-out was conditional on three events.

"The lifting of UN sanctions will result in a $4m pay-out," he explained.

"The lifting of US sanctions will result in a $4m pay-out and then if Libya is removed from the US State Department's state sponsored list of terrorists $2m will be paid."

David Ben-Aryeah, a spokesman for UK relatives, said there were "serious misgivings" about whether the two later instalments would ever be paid.

"The UK relatives, who have honoured me with their trust and friendship, have had two basic demands from the very first days - truth and justice," he said.

"We have had a form of justice but we have not had anything approaching the truth.

"They asked the foreign secretary for a full and independent inquiry. He rejected that request."

Mr Zaid said he hoped that the families would be told some of the language being used by Libya in its proposed acceptance of responsibility at [a] briefing on Friday.

"It would not surprise me if there are families who are not satisfied with the language," he said.

"The fact of the matter is that this is a financial deal for Libya. All Libya cares about is to extricate itself from these sanctions and re-enter the international and particularly the US market.

"The statement of responsibility will be diplomatic legalese. That's the way the process works.

"It will be a statement, most likely, that can be interpreted one way or the other depending on who the reader is."

He predicted that it would not go far enough for some families, who may decide to go forward with civil litigation.

George Williams, one of the leaders of the group representing the American families, said the language contained in the letter to the UN would be crucial.

"If he is just going to blame it on an individual citizen of Libya and say that the government has nothing to do with it then that is not acceptable at all," he said.

"I would just as soon have the UN sanctions re-imposed and continue until Colonel Gaddafi curls up in a corner and dies."

However, he said the compensation deal was "pretty much done".

"The only thing that would satisfy us more would be to have Gaddafi's head delivered on a platter over to the US and let us all walk by it and spit on it," he said.

[RB: Further details are to be found in Q&A: The Lockerbie compensation deal published by BBC News on the same day.]

Release of Megrahi forecast

[What follows is an item originally posted on this blog on this date in 2009:]

Lockerbie bombing prisoner to go free

[Most British daily newspapers today contain reports to the effect that compassionate release of Abdelbaset Megrahi is imminent. The following are excerpts from the report in today's edition of The Herald, which is the longest and most detailed.]

The man convicted of the Lockerbie bombing is expected to be released next week on compassionate grounds - nearly eight-and-a-half years after he was jailed for life for the murders of 270 people in the atrocity over Scotland.

Abdelbaset Ali Mohmed al Megrahi, who is in the terminal stages of prostate cancer, is expected to return home to Tripoli before the start of Ramadan on August 21. His return will also coincide with the 40th anniversary of the coming to power of Libya's leader Colonel Muammar Gaddafi.

The Herald understands a final decision on Megrahi will be made and announced by the Justice Secretary Kenny MacAskill next week.

The Scottish Government has strongly denied allegations that the prisoner and the recent Libyan delegation were given any suggestion that he should drop his appeal in order to win the right to return home. The decision will be based on Megrahi's deteriorating health and medical assessments.

However, he is expected to drop the appeal which began in April of this year. (...)

Originally it was thought that Megrahi would return home under a recent Prisoner Transfer Agreement signed with Libya. The Justice Secretary consulted with relatives of victims, Megrahi himself and the US State Attorney on this decision.

Prisoner transfer is thought to have been rejected as an option because it would be subject to judicial review and could lead to interminable delays. There is concern that Megrahi, who is serving a 27-year sentence in HMP Greenock, could die before the end of such a review and before the end of the current appeal. (...)

Martin Cadman, whose son lost his life in the Lockerbie bombing, last night welcomed news of Megrahi's imminent release.

"I've been waiting for it for a long time," he said. "First of all they were saying that Megrahi and Lamin Khalifah Fhimah were accused, then Fhimah was found not guilty, and they were accused of acting with others, and as far as I know the Scottish authorities and everyone else has done nothing try and find who these others are. The whole thing is really very unsatisfactory for relatives like myself."

David Ben [Aryeah], who advised some of the UK families affected by the Lockerbie tragedy, said: "The majority of UK relatives have been extremely unhappy with the whole trial and the first appeal and what has been happening now. I was present the day of the verdicts and I was confused. So, I do not believe, and I will never believe, that this man was guilty of the crimes he was charged with.

"Of the American relatives, the vast majority are very quiet but a few very vocal ones have never accepted anything other than Megrahi's total guilt. Some of them, sadly, would like him to rot in prison for the rest of his days." (...)

History will be the judge if as expected Kenny MacAskill, the Justice Secretary, next week takes the decision to send the man convicted of the Lockerbie bombing back to Libya on compassionate grounds.

The legal process which began almost 21 years ago will finally be over. Whether Abdelbaset Ali Mohmed al Megrahi, the man convicted of the atrocity, did or did not plant the bomb which exploded over Lockerbie may never be known.

[The Herald's contention that Mr Megrahi is expected to abandon his appeal if granted compassionate release and its assertion that once compassionate release is granted the legal process will be finally over are deeply worrying. What is the source of this expectation? The Scottish Government Justice Department has stated unequivocally, in correspondence with me, that it has never been suggested to Mr Megrahi or to his government that compassionate release was dependent upon, or could be influenced by, his agreeing to abandon his appeal. Mr Megrahi's stated position has always been that he wishes the appeal to proceed in order to clear his name, though if it came to a bald choice between clearing his name and being allowed to return to his homeland to die surrounded by his family, he would reluctantly choose the latter. That was the dilemma that faced him when prisoner transfer was the only option on the table. But compassionate release is not contingent upon abandonment of the ongoing appeal: that is precisely its advantage over prisoner transfer from the standpoint of both Mr Megrahi and the Scottish public interest. Why therefore are there still rumblings about the appeal being abandoned if compassionate release is granted?]

Death of Allan Francovich in 1997

[What follows is the text of a report in The Herald on this date in 1997:]

US film-maker Allan Francovich, whose controversial documentary challenged the official British and American view that the Lockerbie bombing was solely the work of two Libyan agents, has died. A friend said Mr Francovich collapsed on April 17 at Houston airport, Texas.

He was pronounced dead at hospital where the cause was given as a heart attack. Mr David Ben-Aryeah, a friend, said Mr Francovich would be cremated in San Antonio, and that his ashes would later be brought to Skye for a ''service of celebration''.

Mr Francovich, who was in his early 50s [RB: He was 56], had written a script while on Skye and had also visited the island with bereaved Lockerbie parent, Dr Jim Swire, while making the Lockerbie documentary The Maltese Double Cross. Mr Ben-Aryeah said: ''While he was there he came to love the island, its tranquillity, its scenery and its people.''

The American made several other controversial documentaries, mostly concerning the work of the Central Intelligence Agency.

The Maltese Double Cross, which was shown to MPs in the Commons before being screened publicly in 1995, challenged the official US and British version of how a bomb brought down the New York-bound Pan Am Flight 103 over Lockerbie on December 21, 1988.

Last night Linlithgow Labour MP Tam Dalyell, who collaborated with Mr Francovich in making the documentary, said he was ''very upset'' by news of his death. The MP described him as ''one of the most persistent seekers-of-truth'' he had ever met, ''an exceedingly brave man''.

Dr Swire, whose daughter died in the disaster, said he would be ''very much missed'' by those who considered that the truth on the Lockerbie disaster had yet to be told.

The 90-minute documentary, directed by Mr Francovich, claimed a huge cover-up had taken place. The film maintained that Iran and Syria plotted to bring down the aircraft as revenge for the US shooting down an Iranian Airbus months before the Lockerbie tragedy. It argued that the authorities knew the plane was going to be bombed, but did nothing to prevent it for fear of exposing a US-sponsored drug-smuggling operation.

Scotland's top law officer at the time, the Lord Advocate, Lord Rodger of Earlsferry, criticised the screening by Channel 4. He said he deprecated all attempts to give a version of the atrocity ''from whatever angle'' while criminal proceedings were pending.

However, relatives of the 270 people who died welcomed the showing of the documentary saying people should be allowed ''to make up their own minds''.

Mr Dalyell said: ''It was my privilege to be Allan Francovich's collaborator in making the film, The Maltese Double Cross, which I believe exposed the truth that the Libyans were not responsible for the Lockerbie crime. ''I could not criticise the American and British governments more strongly for their refusal to address properly the explanations of Lockerbie.''

Dr Swire said: ''Speaking personally we view the loss of Allan as the loss of a close friend whose humour and determination was much appreciated and will be greatly missed.

[RB: Tam Dalyell’s obituary of Allan Francovich in The Independent can be read here.]

"A fair and just trial ... in a neutral country"

[What follows is excerpted from an article on The Pan Am 103 Crash Website, which is itself based partly on a report from this date in 1998 by the Libyan news agency JANA:]

Jim Swire held talks in Libya on Saturday with the justice minister about the trial for two suspects in the attack, Libya's official news agency reported on the 19th April. J[im] Swire, and victims' legal adviser Robert Black met Justice Minister Mohammed Belqasim al-Zuwiy [or Zwai] after arriving in Tripoli.

They discussed suggestions by Swire and Black “concerning reaching ... a fair and just trial of the two suspects in a neutral country,” Libya's official news agency, JANA, reported. Swire and Black drove 215 miles from Tunisia to the Libyan capital Saturday, Swire's spokesman, David Ben-Aryeah, said in London. Swire told Ben-Aryeah he was grateful for the “efficient and warm welcome” they received.

Black and Swire held talks in Tripoli this week with Legwell and Libyan foreign affairs and justice officials.

The most important meeting was held with the Libyan lawyer for Fhima and Megrahi in Tripoli, Dr Ibrahim Legwell. Ibrahim Legwell said he told Scottish lawyer Robert Black and Jim Swire, that his two Libyan clients were ready to stand trial under Scottish law in a neutral country.

“We agreed on several basic points and details,” Legwell told Reuters in a telephone interview from the Libyan capital Tripoli. “I confirmed to them, as I have done previously, that my clients would stand for trial before such a court, which will be set not in Scotland nor the United States, but in a neutral country,” he added. “We also agreed that it would be established with an international panel of judges to be agreed upon and presided over by a senior Scottish judge. The court would operate under the criminal law and procedures of Scotland,” he added as well.

“We also are very concerned about how to ensure the safety, the security and the rights for our clients pending, during and after the trial,” he said. Legwell said Libya's Justice Minister Mohamed Belqasem Zwai, Vice-Minister for Foreign Affairs Abdel Ati al-Obeidi, and Libya's representative at the UN, Abouzid Omar Dorda, attended part of his meetings with Black and Swire when these issues were discussed.

Zwai said he expected a settlement of the dispute over where to hold the trial. ”We expect we will reach a solution that satisfies all parties before the World Court issues its decision,” he told reporters in Cairo late Monday.

Lockerbie bombing prisoner to go free

[Most British daily newspapers today contain reports to the effect that compassionate release of Abdelbaset Megrahi is imminent. The following are excerpts from the report in today's edition of The Herald, which is the longest and most detailed.]

Then man convicted of the Lockerbie bombing is expected to be released next week on compassionate grounds - nearly eight-and-a-half years after he was jailed for life for the murders of 270 people in the atrocity over Scotland.

Abdelbaset Ali Mohmed al Megrahi, who is in the terminal stages of prostate cancer, is expected to return home to Tripoli before the start of Ramadan on August 21. His return will also coincide with the 40th anniversary of the coming to power of Libya's leader Colonel Muammar Gaddafi.

The Herald understands a final decision on Megrahi will be made and announced by the Justice Secretary Kenny MacAskill next week.

The Scottish Government has strongly denied allegations that the prisoner and the recent Libyan delegation were given any suggestion that he should drop his appeal in order to win the right to return home. The decision will be based on Megrahi's deteriorating health and medical assessments.

However, he is expected to drop the appeal which began in April of this year. (...)

Originally it was thought that Megrahi would return home under a recent Prisoner Transfer Agreement signed with Libya. The Justice Secretary consulted with relatives of victims, Megrahi himself and the US State Attorney on this decision.

Prisoner transfer is thought to have been rejected as an option because it would be subject to judicial review and could lead to interminable delays. There is concern that Megrahi, who is serving a 27-year sentence in HMP Greenock, could die before the end of such a review and before the end of the current appeal. (...)

Martin Cadman, whose son lost his life in the Lockerbie bombing, last night welcomed news of Megrahi's imminent release.

"I've been waiting for it for a long time," he said. "First of all they were saying that Megrahi and Lamin Khalifah Fhimah were accused, then Fhimah was found not guilty, and they were accused of acting with others, and as far as I know the Scottish authorities and everyone else has done nothing try and find who these others are. The whole thing is really very unsatisfactory for relatives like myself."

David Ben [Aryeah], who advised some of the UK families affected by the Lockerbie tragedy, said: "The majority of UK relatives have been extremely unhappy with the whole trial and the first appeal and what has been happening now. I was present the day of the verdicts and I was confused. So, I do not believe, and I will never believe, that this man was guilty of the crimes he was charged with.

"Of the American relatives, the vast majority are very quiet but a few very vocal ones have never accepted anything other than Megrahi's total guilt. Some of them, sadly, would like him to rot in prison for the rest of his days." (...)

History will be the judge if as expected Kenny MacAskill, the Justice Secretary, next week takes the decision to send the man convicted of the Lockerbie bombing back to Libya on compassionate grounds.

The legal process which began almost 21 years ago will finally be over. Whether Abdelbaset Ali Mohmed al Megrahi, the man convicted of the atrocity, did or did not plant the bomb which exploded over Lockerbie may never be known.

[The Herald's contention that Mr Megrahi is expected to abandon his appeal if granted compassionate release and its assertion that once compassionate release is granted the legal process will be finally over are deeply worrying. What is the source of this expectation? The Scottish Government Justice Department has stated unequivocally, in correspondence with me, that it has never been suggested to Mr Megrahi or to his government that compassionate release was dependent upon, or could be influenced by, his agreeing to abandon his appeal. Mr Megrahi's stated position has always been that he wishes the appeal to proceed in order to clear his name, though if it came to a bald choice between clearing his name and being allowed to return to his homeland to die surrounded by his family, he would reluctantly choose the latter. That was the dilemma that faced him when prisoner transfer was the only option on the table. But compassionate release is not contingent upon abandonment of the ongoing appeal: that is precisely its advantage over prisoner transfer from the standpoint of both Mr Megrahi and the Scottish public interest. Why therefore are there still rumblings about the appeal being abandoned if compassionate release is granted?]

David Ben-Aryeah on the SCCRC annual report

[David Ben-Aryeah, was one of the first journalists into Lockerbie on the night of the disaster. He has received several major international media awards for his work on Lockerbie and was unpaid advisor to the UK relatives group from 1989 to 2001. He has acted as consultant to many investigative programs on Lockerbie. What follows are his views on the Lockerbie aspects of the SCCRC’s recent annual report.]

For the first time in its relatively short history, the Scottish Criminal Cases Review Commission (SCCRC) annual report and accounts for 2007-2008 contains not only substantial reference in the Chairman’s remarks (the Very Revd Dr Graham Forbes CBE) in the foreword of the document but also a two page summary of the Administration of the Lockerbie Review by the Chief Executive, Gerard Sinclair, into the Commission’s role enquiring into the submission of the defence in the Lockerbie case.

(1) The foreword (Pages 2-3):

Dr. Forbes states: ‘In June (2007) we issued our decision to refer the case of Mr. Adbelbaset Ali Mohmed Al Megrahi back to the High Court. This has been the most difficult and complex case we have had to review.

'The Commission’s enquiry team worked tirelessly over three years. Some of what we discovered may imply innocence; some of what we discovered may imply guilt. However, such matters are for a court to decide. The Commission formed the view, based on our lengthy investigations, the new evidence we found and other evidence that was not before the trial court, that the applicant may have suffered a miscarriage of justice.

'Our role in “Lockerbie” is now complete. Our Parliament can be reassured that we carried out our investigations without fear or favour; we travelled where we needed to go, including Malta and Libya; we sought and obtained the documents we believed we needed to reach our decision; the Scottish Government, as did the previous administration, funded us to do what we believed we needed to do. It is a sign of a mature democracy and of our country’s commitment to justice that the State gives the Commission such powers and such access. I gladly pay tribute to the commitment of our Lockerbie team (Senior Legal Officer Robin Johnston, and Legal Officers Andrew Beadsworth, Gordon Newall and Michael Walker, supported by our Chief Executive and administration staff) and to my fellow Board Members who oversaw the investigation from start to finish, scrutinised, challenged, argued and decided.’

[The Board was composed of The Very Reverend Dr. Graham Forbes CBE, Provost of St Mary’s Cathedral Edinburgh (Chairman), Sir Gerald Gordon QC, CBE (author of a major text book on Scots Law), Mr. David Belfall, Mr. Graham Bell QC, Professor Brian Caddy*, Mr. Stewart Campbell* and Mr. Gerard McClay*.
*Appointed 1 July 2007 to replace Sheriff Anderson QC and Professor Peter Duff who resigned due to competing commitments in July 2007 and Mr. Robert Anthony QC who resigned following his appointment as a Sheriff.]

It is important to remember that in the written reasons for the referral of the case for a second appeal, the Commission made mention of six reasons or grounds, though its press release gave details of only four.

(2) Administration of the Lockerbie Review (Pages 16 – 18):

Mr. Graham Sinclair (Chief Executive) provides more detail than was previously available in the 28th June 2007 written reasons for referral back for a second appeal, particularly the following:

‘The Outcome: The Commission referred the applicant’s case to the High Court on 28 June 2007. The reference was based on six grounds mainly relating to evidence which, for one reason or another, was not heard at the trial and which indicated that a miscarriage of justice may have occurred. Of the six grounds of reference, four were the result of the Commission’s own enquiries rather than the submissions made on behalf of the applicant. The Applicant’s appeal against conviction is ongoing.’

Mr. Sinclair goes on to furnish confirmed expenditure on the case from 2003-4 to 2007-8 as totalling £1,195,827.

The Commission report refers to
a. the fact that Board members ‘scrutinised, challenged, argued and decided’ (1: The Foreword).
b. the grounds of referral ‘relating to evidence which, for one reason or another was not heard at the trial’.

This gives grounds to conclude that the enquiry went well beyond the original 16 volumes of submissions (and at least five subsequent ones). Coupled with the fact that as late as 19th August the Appeal Court granted defence petitions for (1) documents and photographs relevant to the (alleged) identification of Megrahi by the Maltese shopkeeper, Mr Tony Gauci, to be allowed to be shown to an expert psychologist and (2) for access to documents and productions used at the Scottish Court sitting in the Netherlands, and for permission to subject them to forensic scientific examination, there must be serious concerns not only as to the range and scope of evidence that was (or rather was not) presented to the court at the time; and, given the averment that the SCCRC found four additional ground for referral, there could be concerns as to the standard of conduct of the original defence. Taken against the historical demands of the UK relatives for a ‘full, independent enquiry’ into events before, during and after the bombing of Pan Am 103, the pending appeal may well shed light in some very dark corners and go a small way into answering the disturbing spectrum of questions raised during the original trial and appeal.

The appointment of Professor Brian Caddy to the Board of the Commission (albeit it came after he date of the reference of the case back to the Appeal Court) may not be without significance: Professor Caddy is pre-eminent and much respected in the field of forensic science and has research interests concerning firearms discharge residue, trace explosives analysis and has a deep interest in raising and maintaining standards of forensic science practice. His appointment may be not insignificant considering continuing concerns in respect of the qualification and standards of the forensic science practices so far revealed during the investigation (both in the UK and USA) and the trial.