Here is the text of Jeff Stein’s recent article in Congressional Quarterly, as relayed to me by Richard Marquise, to whom I express my appreciation.
[I eventually managed to maintain an internet connection for long enough to post this.]
A commentary on the case of Abdelbaset al-Megrahi, convicted of the murder of 270 people in the Pan Am 103 disaster.
Here is the text of Jeff Stein’s recent article in Congressional Quarterly, as relayed to me by Richard Marquise, to whom I express my appreciation.
[I eventually managed to maintain an internet connection for long enough to post this.]
Because of the instability and slowness of my internet connection, I have been unable, in spite of valiant efforts, to post the full text of this new article on this blog. But I shall do so as soon as I find myself in a location which has an internet café with a broadband connection.
"It's easy to be smug, but it's hard to believe that this nonsense would have been allowed to unfold in Scotland. Fatal accident inquiries under a sheriff are the Scottish equivalent of the coroner's inquest. As well as covering deaths at work or in custody, they can be called by the Lord Advocate on the grounds that the death was sudden, suspicious, unexplained or gives rise to public concern. The biggest in recent years was for the Lockerbie disaster in which 270 people lost their lives. It took 61 days and cost £3m. In the Diana inquest that sum will barely cover security."
'THE US justice department paid for evidence that helped convict Abdel Basset Ali al-Megrahi for the Lockerbie bombing.
'With the next hearing in Megrahi's High Court Appeal due to take place next month, the admission casts a dark shadow over testimony at the original trial -- and the safety of the conviction.
'The Washington DC-based 'Rewards for Justice' organisation boasts that it has paid out more than 72 million dollars to over 50 people who have provided information that prevented international terrorist attacks or have brought to justice those involved in prior acts. Included on its website, in a list of those brought to justice, is Megrahi. Due to a strict policy of confidentiality Rewards for Justice will not name the witnesses nor divulge the exact amount paid to them.
'In June last year the Scottish Criminal Cases Review Commission referred Megrahi's case back to the Court of Appeal after a three-year inquiry. They found six areas of concern and are believed to have uncovered a £2-million reward paid by the CIA to key witness, Maltese shopkeeper Tony Gauci.
'Gauci was the only witness to link Megrahi directly to the bomb, and was therefore instrumental in convicting him on 31 January 2001. Gauci told the trial that Megrahi bought clothes in his shop, which were later used to wrap the bomb.
'At the trial, Gauci appeared uncertain about the exact date he sold the clothes in question, and was not entirely sure that it was Megrahi to whom they were sold. Nonetheless, Megrahi's appeal against conviction was rejected by the Scottish Court in the Netherlands in March 2002. Five years after the trial, former Lord Advocate, Lord Fraser of Carmyllie, publicly described Gauci as being "an apple short of a picnic" and "not quite the full shilling".
'Dr Jim Swire, whose daughter Flora was killed in the 1988 bombing, is convinced that Megrahi is innocent. Yesterday he said that such huge sums offered to witnesses could encourage them to perjury.
'"Many jurists would consider that promises of money to secure 'evidence' from any individual do not accord with the principles of justice," he explained.
'"It is the timing of such promises rather the payments themselves that determine whether the 'evidence' is likely to be degraded. To many such witnesses such sums would alter their lives.
'"And such promises of money, if concealed from court -- or perhaps divulged only to prosecution -- could be considered a deliberate perversion of justice.
'"Witnesses are supposed to serve the truth. But the old Scots adage holds firm here - 'He who pays the piper calls the tune'.
'"This document gives some idea of the scale of the payments. It also removes any doubt as to whether payments were, indeed, made in this case."
The newspaper also published an article containing Dr Swire's detailed reactions to the revelations. These included the following:
'I entered the Zeist trial believing (as the British Foreign secretary had told us) that there was conclusive evidence of Libya's guilt, and none concerning the guilt of any other nation.
'This was the reason that we, the UK relatives, had made every conceivable effort, including three visits to Colonel Gaddafi, to persuade him to allow his citizens to undergo trial under Scottish criminal justice.
'Within days of the start of the trial at Zeist it became clear that fundamental requirements for the collection of evidence for a criminal trial had been breached, when the court was told that a suitcase, belonging to one of the US passengers had been removed from the crash site, by persons unknown, cut open, and then returned for the Scottish searchers to find, with some of its contents put back and even labelled with the name of the owner.
'The court accepted that the rectangular cutting into that suitcase could not have been a result of the explosion, but appeared unfazed by the possible implications for other items allegedly recovered as evidence. This had intense relevance later in the case to the question of a fragment of timer circuit board, the key forensic 'link' to the credibility of the bomb ever having started from Malta.
'There was evidence of the presence of numerous unidentified US agents roaming the site at a very early stage - a situation which the resources of the Scottish police could never have been expected to anticipate or control.
'From this unhappy start, the picture grew of how certain intelligence agencies had contributed to the assembly of much of the evidence. Intelligence services act in support of the perceived advantage of the countries for which they work: this may or may not be consistent with seeking the truth.
'Remember that for this trial there was no jury.
'Now, as you report, we have the proud exhibition by 'Rewards for Justice' in Washington DC of their use of 'more than 72 million dollars' in persuading witnesses to give evidence in terror-related cases. Former Lord Advocate, Lord Fraser of Carmyllie's, post trial assessment of the key witness, Mr Gauci, as being 'one apple short of a picnic' was not vouchsafed to the court, but can only serve now to emphasize the possibility that an offer of cash might have affected the evidence that Mr Gauci was willing to give.
'As a layman, I emerged from the Zeist hearings convinced that the verdict should never have been reached.'
“On February 27, a Scottish court is expected to re-examine the Lockerbie case and hear the appeal submitted by Abd-al-Basit al-Miqrahi, the Libyan national convicted of involvement in the bombing of a Pan Am airliner over this Scottish district. Al-Miqrahi has been serving a life sentence in a prison in
“Many observers believe that Al-Miqrahi could soon leave prison and return to
“Al-Quds al-Arabi visited Al-Miqrahi in his Scottish prison, located 40 kilometres from
“The words Al-Miqrahi kept repeating all the time were: ‘I did not receive a fair trial’ and that ‘several documents were withheld from the court.’ He laid out on the counter a file filled with paragraphs that had been suppressed, rather, entire pages had been blackened out to conceal information from the judge under the pretext of security considerations.
“Anyone visiting Al-Miqrahi will note his extremely high spirits, his unusual sturdiness, and his strong belief in his innocence of all the charges he was convicted of. He would smile every now an then, especially when talking about the letters he had received from Scots who wished him happy holidays, believed in his innocence, and expressed solidarity with him. Al-Miqrahi said: ‘A victim's family wrote to me, saying that on behalf of the citizens of Scotland, we wish you a merry Christmas and a happy new year.’
“I asked Al-Miqrahi: ‘What about the Arabs?’ He replied sadly: ‘I have not received a single letter from an Arab, but I have received 27 letters from Scots …’
“He went on to say that Dr Swire, dean of the families of the victims, visited him in prison, as did Reverend John Reef [sic; probably means Rev John Mosey, father of one of the victims] and a number of other people, not to mention the Libyan consul, who visits him on a regular basis. Al-Miqrahi follows events in the Arab world through the Al-Jazeera and Al-Arabiya channels, which he has been allowed to watch in his small cell, measuring no more than 2 by 1.5 meters. One day, a Scottish inmate visited him as he watched Opposite Direction in which the argument was in full swing; the inmate asked if he could understand what was being said, to which Al-Miqrahi said: ‘I can if you can.’
“Al-Miqrahi said that what touched him the most was the martyrdom of child Muhammad al-Durah and his father's desperate attempts to protect him, and added that the image of Muhammad and his father never leave him. Asked about his own children, he said that what pains him the most is that the Scottish Government refused to let them reside near his prison. He went on to say that he longs for them, and that he is especially saddened when his young son asks: ‘When are you coming back dad? You promised us many times that you would return soon.’
“He spoke affectionately and admiringly of South African leader Nelson Mandela, who had visited him in prison, saying that Mandela refused to be accompanied by any British official when he visited him in his prison in
“We asked Consul Abd-al-Rahman if he would remain in his post if Al-Miqrahi is transferred to
“Al-Miqrahi said that he would return to
- Al-Quds al-Arabi,
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I have arrived at my base in the
In The Scotsman today, Iain McKie (former police officer and father of Shirley) has an op-ed piece expressing grave concern about criminal justice in the
“The Omagh bombing, the World's End Murders, the Templeton Woods murder and the SCRO fingerprint case have all shown that previously infallible evidence is indeed fallible and finally the prosecution system is being forced to review its whole forensic strategy.
While this is bad enough, Lockerbie and other cases have also revealed evidence of police and Crown Office incompetence, political intrigue and a court and legal system struggling to cope.
A system where justice takes forever and at a prohibitive cost. Slowly the realisation is dawning that we are faced with a justice system no longer fit for purpose. A system where there is very real danger of the innocent being found guilty and the guilty escaping punishment. Instead of the usual face saving 'first aid' aimed at preserving the power and privilege of those within the system, the time is long overdue for broad ranging public and political debate aimed at creating an open, accountable and accessible system.”
See http://thescotsman.scotsman.com/opinion/Alternative-take.3631585.jp