This is the headline over a story on the BBC News website. The full story, with a picture of the quilt, can be seen here. The first four sentences read:
'A quilt marking the 20th anniversary of the Lockerbie disaster has been unveiled in the town. It took five women almost two years to complete the work depicting a tree shedding its leaves in the countryside. The falling leaves symbolise the 259 people who died on Pan Am Flight 103 while pebbles represent 11 Lockerbie residents who lost their lives. The tree roots convey the people of Lockerbie who strove to rebuild their lives after the 1988 atrocity.'
Monday, 6 October 2008
Sunday, 5 October 2008
More on PII from Private Eye
The current issue of the magazine Private Eye contains the following article:
LOCKERBIE APPEAL: Howells of outrage
Foreign Office minister Kim Howells has revealed that the Scottish judges hearing the Lockerbie bombing appeal have agreed to the [UK] government’s request to keep under wraps evidence that is crucial to the defence of [Abdelbaset] Ali Mohmed al-Megrahi, the Libyan serving life for the murder of [270] people killed when Pan Am flight 103 was blown from the skies.
The judges apparently gave their ruling at the end of the secret hearing in August to discuss the evidence from a “foreign power” (…) which is understood to relate to the bomb’s timing device. But as Megrahi’s defence team and the public were excluded from the court, no one knew about it until Howells responded to a request for an update from former MP Tam Dalyell.
Instead of allowing Megrahi’s lawyers access to this piece of evidence, which forms one of the six grounds of appeal identified by the Scottish criminal cases review commission (SCCRC) the judges are instead to appoint a “special counsel”, supposedly to represent Megrahi’s interests. According to Howells, this special counsel “will be provided with a confidential summary of the submissions made by the Advocate General at the last (August) hearing”.
He or she will need much more than that. The evidence which convicted Megrahi was highly complex, multinational and full of contradictions and anomalies – particularly the evidence surrounding the damning fragment of timing device said to link the bomb to the Libyans and Megrahi. Lawyers preparing his appeal need all the evidence to ensure they have the full picture; but as it stands they do not even know which “foreign power” this piece of evidence comes from and thus how significant it is.
Will a “special counsel” with no detailed knowledge of the case or of the modus operandi of other terrorist organizations operating at the time really be able to assess and advise Megrahi’s lawyers about the importance of this evidence after being given a “summary”?
One of the most worrying features of the Megrahi case identified by the Scottish CCRC is that this evidence – and other material – pointing to the Libyan’s innocence was concealed from his trial in the first place.
Jim Swire, whose daughter Flora perished in the atrocity, said the foreign office’s reliance on public interest immunity to keep secret documents that police, prosecutors and the SCCRC have had in their possession for years, showed that politics was again being allowed to override justice.
In January 2005 journalist [Ian] Ferguson used freedom of information laws to unearth a staggering agreement between the crown and the US authorities not to introduce such material – even at the price of a fair trial, it would seem.
The UK government of course dismisses claims of interference in Megrahi’s appeal. “The decision by the foreign secretary to assert public interest immunity (PII) in relation to certain material is entirely appropriate and in accordance with the rule of law. It is the foreign secretary’s assessment that the release of this material would do real and lasting damage to the UK’s relations with other states and the UK’s national security,” says Howells.
[Note by RB: My understanding is that the “special counsel” will make submissions to the court (in closed session) about whether, and in what form, the mystery documents should be released for use in the appeal. It is perfectly possible that the court will override the Foreign Secretary’s PII certificate and order the documents to be disclosed to Megrahi’s legal team, either as they stand or in a redacted form satisfactory to that team. If the court does not order the release of the documents, the question then arises of whether the appeal can be (and be seen to be) fair within the meaning of art 6 of the European Convention on Human Rights. That is an issue that could go from the Scottish courts to the Privy Council in London and, ultimately, to the European Court of Human Rights in Strasbourg.]
LOCKERBIE APPEAL: Howells of outrage
Foreign Office minister Kim Howells has revealed that the Scottish judges hearing the Lockerbie bombing appeal have agreed to the [UK] government’s request to keep under wraps evidence that is crucial to the defence of [Abdelbaset] Ali Mohmed al-Megrahi, the Libyan serving life for the murder of [270] people killed when Pan Am flight 103 was blown from the skies.
The judges apparently gave their ruling at the end of the secret hearing in August to discuss the evidence from a “foreign power” (…) which is understood to relate to the bomb’s timing device. But as Megrahi’s defence team and the public were excluded from the court, no one knew about it until Howells responded to a request for an update from former MP Tam Dalyell.
Instead of allowing Megrahi’s lawyers access to this piece of evidence, which forms one of the six grounds of appeal identified by the Scottish criminal cases review commission (SCCRC) the judges are instead to appoint a “special counsel”, supposedly to represent Megrahi’s interests. According to Howells, this special counsel “will be provided with a confidential summary of the submissions made by the Advocate General at the last (August) hearing”.
He or she will need much more than that. The evidence which convicted Megrahi was highly complex, multinational and full of contradictions and anomalies – particularly the evidence surrounding the damning fragment of timing device said to link the bomb to the Libyans and Megrahi. Lawyers preparing his appeal need all the evidence to ensure they have the full picture; but as it stands they do not even know which “foreign power” this piece of evidence comes from and thus how significant it is.
Will a “special counsel” with no detailed knowledge of the case or of the modus operandi of other terrorist organizations operating at the time really be able to assess and advise Megrahi’s lawyers about the importance of this evidence after being given a “summary”?
One of the most worrying features of the Megrahi case identified by the Scottish CCRC is that this evidence – and other material – pointing to the Libyan’s innocence was concealed from his trial in the first place.
Jim Swire, whose daughter Flora perished in the atrocity, said the foreign office’s reliance on public interest immunity to keep secret documents that police, prosecutors and the SCCRC have had in their possession for years, showed that politics was again being allowed to override justice.
In January 2005 journalist [Ian] Ferguson used freedom of information laws to unearth a staggering agreement between the crown and the US authorities not to introduce such material – even at the price of a fair trial, it would seem.
The UK government of course dismisses claims of interference in Megrahi’s appeal. “The decision by the foreign secretary to assert public interest immunity (PII) in relation to certain material is entirely appropriate and in accordance with the rule of law. It is the foreign secretary’s assessment that the release of this material would do real and lasting damage to the UK’s relations with other states and the UK’s national security,” says Howells.
[Note by RB: My understanding is that the “special counsel” will make submissions to the court (in closed session) about whether, and in what form, the mystery documents should be released for use in the appeal. It is perfectly possible that the court will override the Foreign Secretary’s PII certificate and order the documents to be disclosed to Megrahi’s legal team, either as they stand or in a redacted form satisfactory to that team. If the court does not order the release of the documents, the question then arises of whether the appeal can be (and be seen to be) fair within the meaning of art 6 of the European Convention on Human Rights. That is an issue that could go from the Scottish courts to the Privy Council in London and, ultimately, to the European Court of Human Rights in Strasbourg.]
Saturday, 4 October 2008
The Firm's coverage of Skye event
The October issue of the Scottish lawyers’ magazine The Firm has a two-page spread, with photographs, on the meeting organized by the Lockerbie Justice Group at Greshornish House, Skye, on 15 and 16 September 2008. The text reads as follows:
No limits on Skye as legal academics aim for new way ahead
Over two days at a retreat in the north of Skye, a unique and unprecedented international accord was drafted in an effort to provide Scots law with a way out of the Lockerbie judicial quagmire, and provide a better model for future cases. Steven Raeburn was there to hear the outcomes.
A secluded idyll at practically the northwesternmost fringe of the European continent is an incongruous site for an international conference. The ripples that could emanate from a quiet country hotel sited at the end of a rutted road, promulgated by two legal academics at the invitation of Scotland’s most dogged and effective patriot, far from the entrenched attitudes, vested interest and closed minds of the madding crowd of Holyrood and central belt establishment, could ripple out and write a profoundly significant chapter in the history of Scottish justice.
The Greshornish House Accord proposes that if Scotland was charged with managing such an international case in the future, it could be held at the International Criminal Court in the Hague. And that non Scottish judges could participate in a Scottish trial, citing international precedent. It also proposes practical amendments to the Criminal Procedure (Scotland ) Act 1995, the ‘bible’ of criminal law, and to the Scotland Act to amend the ‘inappropriate’ situation where the Chief Legal Adviser to the Government is also head of criminal prosecutions.
“I hope that we can set a hare running from this point, and that this message will eventually get to the powers-that-be, and they will take some cognisance of it,” said Robbie the Pict, who had gathered Professor Robert Black and Dr Hans Kochler, UN appointed observer to the Lockerbie proceedings, to discuss four key questions “in the hope of guidance in the pursuit of proper justice for all in relation to the destruction of PanAm Flight 103 over Lockerbie in December 1988”. The resultant accord is a four part template providing both a philosophical and a practical way out of the quagmire surrounding the ongoing Lockerbie proceedings which have stained Scots law. Proceedings which presently appear to be hostage to the strategic interests of UK and US foreign policy and Libyan governmental expedience.
The scale and depth of the mess has been extraordinary. The ease with which Scots law was hijacked is troubling. The lack of fuss or even interest from within the legal and political establishment, and the evident assent of Scots law to serve the geopolitical interest gives the impression of collusion, complicity and denial. Court doors have literally been closed as proceedings carry on in secret, to the exclusion even of the defence and the accused. The era of hidden justice is upon us. The proponents of the Greshornish House accord don’t think this is good enough.
“As an observer, I just would like to know exactly what the causes of this incident in the air over Lockerbie really are. I just hope that there will be a new appeal. If evidence is withheld from the defence, there can be no appeal,” Hans Kochler said, announcing the joint conclusions on Skye. “To me it is extremely frustrating that in regard to such an incident, just one person has been presented as the culprit, with no further questions asked and no investigations ever having been made. This is not a credible explanation.
“Why doesn’t Scotland, independent in regard to the administration of criminal justice, undertake the appropriate measures to investigate this matter fully? This is a case that is not closed. This is something that is ongoing, and I will not run away until I am presented with a clear, unambiguous and comprehensive decision of a court.”
“If this is an independent system, theoretically, the prosecutorial authorities of Scotland could still initiate investigations into this incident and into what caused it. I do not think everything is just connected to the question of the personal criminal responsibility of one lone individual.”
The ongoing court proceedings in the case, returned to the High Court on the basis that a miscarriage of justice may have occurred, are presently diverted with procedural issues relating to the disclosure or otherwise of evidential letters, which have been given considerable weight by the court and the Scottish Criminal Cases Review Commission, although sources who are aware of the contents of the documents have told the Firm that their contents are well known and irrelevant. The sleight of hand will result, say both Black and Kochler, in unavoidable prejudice to Megrahi’s case, and his inevitable repatriation.
“This panel basically agrees that if they uphold the PII certificate, no appeal is possible, and Mr Megrahi will be sent home. He would have to be sent home. We cannot offer him a fair hearing of his appeal,” said Robbie the Pict, who brokered the accord and convened the panel. “If the FCO are urging that this is a highly sensitive document, this cannot be taken lightly. So it would prevail over the interests of Scottish justice. If that happens, there is an implicit duty upon the judges to say there is not an equality of arms, therefore they cannot offer Mr Megrahi a fair appeal hearing.”
Professor Robert Black, instrumental in orchestrating the original trial proceedings in Zeist, says there is currently no political will to reinvestigate the circumstances of the event, even if Megrahi is repatriated and proceedings close without a solid conviction as predicted. “I am not convinced that there is such political will. One of the things we have been trying to do is insert some backbone into those politicians who have the power to make it happen,” he said.
Kochler in turn drew comparison with the Shirley McKie embarrassment, which resulted in a lengthy and productive inquiry process that shed some welcome light on the dustier corners of the Scottish judicial and political power structure. Such an outcome is warranted in the Lockerbie scenario he says. “The present case definitely has as much weight as the McKie case for the rule of law, and for democratic structures. Why would the government of Scotland not agree to an independent inquiry? Scotland would also do a great service to the international rule of law. This was an incident of international nature. To know the truth about it is extremely important.”
The nexus between Scots law and UK foreign policy is directly affected by the friction arising from the handling of this case. Kochler believes that this presents an opportunity for Scots law to assert its credibility and ensure the maintenance of its international reputation. “It is a test case to see how independent the Scottish judiciary acts and how determined the authorities of this country are to assert the supremacy of the law over political interests,” he says.
“Scottish justice may still come out very well, if there is a new appeal, which is fair, and conducted with all the material and all the evidence made available to both sides, then there is still a chance. If not, this will just be one of the many cases where politics finally prevailed over law. This is the result of a political and international constellation that Scotland cannot control. But still, the judiciary should try to act independently and not give in to the political pressures.”
No limits on Skye as legal academics aim for new way ahead
Over two days at a retreat in the north of Skye, a unique and unprecedented international accord was drafted in an effort to provide Scots law with a way out of the Lockerbie judicial quagmire, and provide a better model for future cases. Steven Raeburn was there to hear the outcomes.
A secluded idyll at practically the northwesternmost fringe of the European continent is an incongruous site for an international conference. The ripples that could emanate from a quiet country hotel sited at the end of a rutted road, promulgated by two legal academics at the invitation of Scotland’s most dogged and effective patriot, far from the entrenched attitudes, vested interest and closed minds of the madding crowd of Holyrood and central belt establishment, could ripple out and write a profoundly significant chapter in the history of Scottish justice.
The Greshornish House Accord proposes that if Scotland was charged with managing such an international case in the future, it could be held at the International Criminal Court in the Hague. And that non Scottish judges could participate in a Scottish trial, citing international precedent. It also proposes practical amendments to the Criminal Procedure (Scotland ) Act 1995, the ‘bible’ of criminal law, and to the Scotland Act to amend the ‘inappropriate’ situation where the Chief Legal Adviser to the Government is also head of criminal prosecutions.
“I hope that we can set a hare running from this point, and that this message will eventually get to the powers-that-be, and they will take some cognisance of it,” said Robbie the Pict, who had gathered Professor Robert Black and Dr Hans Kochler, UN appointed observer to the Lockerbie proceedings, to discuss four key questions “in the hope of guidance in the pursuit of proper justice for all in relation to the destruction of PanAm Flight 103 over Lockerbie in December 1988”. The resultant accord is a four part template providing both a philosophical and a practical way out of the quagmire surrounding the ongoing Lockerbie proceedings which have stained Scots law. Proceedings which presently appear to be hostage to the strategic interests of UK and US foreign policy and Libyan governmental expedience.
The scale and depth of the mess has been extraordinary. The ease with which Scots law was hijacked is troubling. The lack of fuss or even interest from within the legal and political establishment, and the evident assent of Scots law to serve the geopolitical interest gives the impression of collusion, complicity and denial. Court doors have literally been closed as proceedings carry on in secret, to the exclusion even of the defence and the accused. The era of hidden justice is upon us. The proponents of the Greshornish House accord don’t think this is good enough.
“As an observer, I just would like to know exactly what the causes of this incident in the air over Lockerbie really are. I just hope that there will be a new appeal. If evidence is withheld from the defence, there can be no appeal,” Hans Kochler said, announcing the joint conclusions on Skye. “To me it is extremely frustrating that in regard to such an incident, just one person has been presented as the culprit, with no further questions asked and no investigations ever having been made. This is not a credible explanation.
“Why doesn’t Scotland, independent in regard to the administration of criminal justice, undertake the appropriate measures to investigate this matter fully? This is a case that is not closed. This is something that is ongoing, and I will not run away until I am presented with a clear, unambiguous and comprehensive decision of a court.”
“If this is an independent system, theoretically, the prosecutorial authorities of Scotland could still initiate investigations into this incident and into what caused it. I do not think everything is just connected to the question of the personal criminal responsibility of one lone individual.”
The ongoing court proceedings in the case, returned to the High Court on the basis that a miscarriage of justice may have occurred, are presently diverted with procedural issues relating to the disclosure or otherwise of evidential letters, which have been given considerable weight by the court and the Scottish Criminal Cases Review Commission, although sources who are aware of the contents of the documents have told the Firm that their contents are well known and irrelevant. The sleight of hand will result, say both Black and Kochler, in unavoidable prejudice to Megrahi’s case, and his inevitable repatriation.
“This panel basically agrees that if they uphold the PII certificate, no appeal is possible, and Mr Megrahi will be sent home. He would have to be sent home. We cannot offer him a fair hearing of his appeal,” said Robbie the Pict, who brokered the accord and convened the panel. “If the FCO are urging that this is a highly sensitive document, this cannot be taken lightly. So it would prevail over the interests of Scottish justice. If that happens, there is an implicit duty upon the judges to say there is not an equality of arms, therefore they cannot offer Mr Megrahi a fair appeal hearing.”
Professor Robert Black, instrumental in orchestrating the original trial proceedings in Zeist, says there is currently no political will to reinvestigate the circumstances of the event, even if Megrahi is repatriated and proceedings close without a solid conviction as predicted. “I am not convinced that there is such political will. One of the things we have been trying to do is insert some backbone into those politicians who have the power to make it happen,” he said.
Kochler in turn drew comparison with the Shirley McKie embarrassment, which resulted in a lengthy and productive inquiry process that shed some welcome light on the dustier corners of the Scottish judicial and political power structure. Such an outcome is warranted in the Lockerbie scenario he says. “The present case definitely has as much weight as the McKie case for the rule of law, and for democratic structures. Why would the government of Scotland not agree to an independent inquiry? Scotland would also do a great service to the international rule of law. This was an incident of international nature. To know the truth about it is extremely important.”
The nexus between Scots law and UK foreign policy is directly affected by the friction arising from the handling of this case. Kochler believes that this presents an opportunity for Scots law to assert its credibility and ensure the maintenance of its international reputation. “It is a test case to see how independent the Scottish judiciary acts and how determined the authorities of this country are to assert the supremacy of the law over political interests,” he says.
“Scottish justice may still come out very well, if there is a new appeal, which is fair, and conducted with all the material and all the evidence made available to both sides, then there is still a chance. If not, this will just be one of the many cases where politics finally prevailed over law. This is the result of a political and international constellation that Scotland cannot control. But still, the judiciary should try to act independently and not give in to the political pressures.”
Libya taps foreign, own companies to fill fund
This is the headline over a story on the Reuters Africa website. The first three paragraphs read:
'Tripoli is tapping U.S., Libyan and other companies to put money into a humanitarian fund for U.S. victims of terrorism, a senior Bush administration official and another source said on Friday.
'The fund, agreed on in August by the United States and Libya to settle terrorism cases on both sides, still has no any money in it but a senior U.S. official said he was confident Tripoli would fulfill its obligations.
'"They (the Libyans) are out there raising their funds," said the senior official, who spoke on condition he not be named because the issue is sensitive.'
The full article can be read here.
'Tripoli is tapping U.S., Libyan and other companies to put money into a humanitarian fund for U.S. victims of terrorism, a senior Bush administration official and another source said on Friday.
'The fund, agreed on in August by the United States and Libya to settle terrorism cases on both sides, still has no any money in it but a senior U.S. official said he was confident Tripoli would fulfill its obligations.
'"They (the Libyans) are out there raising their funds," said the senior official, who spoke on condition he not be named because the issue is sensitive.'
The full article can be read here.
Thursday, 2 October 2008
Rewards for Justice
The aangirfan blog has a post on the denial in The Conspiracy Files: Lockerbie television programme that witnesses were offered rewards for their information and/or testimony. As has been demonstrated elsewhere too, this is false. The relevant portion of the post is paragraphs 3, 4 and 5.
Tuesday, 30 September 2008
Hans Köchler and Lockerbie
I am grateful to Robbie the Pict for drawing my attention to an article by Nicola Barry on the work of Professor Hans Köchler, particularly in relation to Lockerbie, in the Scottish edition of the Sunday Express on 28 September. The article does not appear to be available online, and so I reproduce it here. Click on the image and it will become legible.
Monday, 29 September 2008
Eurojustice conference in Edinburgh
Legal professionals from around Europe will arrive in Edinburgh this week when the city and the Crown Office and Procurator Fiscal Service - Scotland's Prosecution Service - plays host for the first time to the annual Eurojustice conference.
Held over two days and delivered in both French and English, this year's conference brings together top prosecutors from 28 countries in the European Union and European Economic Area and representatives of key European and international institutions, providing an opportunity to discuss issues relating to European criminal law policy, management and best practice in prosecution.
The 11th annual conference will focus on two themes -
* prosecutors' roles in securing public confidence in the criminal justice system
* development of Information Communications Technology.
Lord Advocate Elish Angiolini QC will welcome over 70 delegates to the conference at a reception at Edinburgh Castle today.
Mrs Angiolini said:
"The annual Eurojustice conference provides an excellent opportunity for senior prosecutors from across Europe to discuss current issues facing the criminal justice system on a European stage and I am delighted that this year's conference is being held here in Edinburgh and, indeed, for the first time in the United Kingdom.
"I am particularly pleased that one of the main themes this year is securing public confidence in the criminal justice system. It is vital that the principle that justice is seen to be done is at the very heart of our work and that we, as prosecutors, recognise our role in ensuring that the public have the greatest measure of confidence in the criminal justice system."
[From a Scottish Government press release dated 29 September 2008. Perhaps Mrs Angiolini should address the delegates on how Scottish prosecutors' conduct before, during and after the Lockerbie trial contributed, and continues to contribute, to ensuring that the public have the greatest measure of confidence in the criminal justice system. That would be a fascinating session.]
Held over two days and delivered in both French and English, this year's conference brings together top prosecutors from 28 countries in the European Union and European Economic Area and representatives of key European and international institutions, providing an opportunity to discuss issues relating to European criminal law policy, management and best practice in prosecution.
The 11th annual conference will focus on two themes -
* prosecutors' roles in securing public confidence in the criminal justice system
* development of Information Communications Technology.
Lord Advocate Elish Angiolini QC will welcome over 70 delegates to the conference at a reception at Edinburgh Castle today.
Mrs Angiolini said:
"The annual Eurojustice conference provides an excellent opportunity for senior prosecutors from across Europe to discuss current issues facing the criminal justice system on a European stage and I am delighted that this year's conference is being held here in Edinburgh and, indeed, for the first time in the United Kingdom.
"I am particularly pleased that one of the main themes this year is securing public confidence in the criminal justice system. It is vital that the principle that justice is seen to be done is at the very heart of our work and that we, as prosecutors, recognise our role in ensuring that the public have the greatest measure of confidence in the criminal justice system."
[From a Scottish Government press release dated 29 September 2008. Perhaps Mrs Angiolini should address the delegates on how Scottish prosecutors' conduct before, during and after the Lockerbie trial contributed, and continues to contribute, to ensuring that the public have the greatest measure of confidence in the criminal justice system. That would be a fascinating session.]
Sunday, 28 September 2008
The Maltese shopkeeper
Part 82 of Dr Ludwig de Braeckeleer's series "Diary of a vengeance foretold" on the events leading up to the destruction of Pan Am 103 tells the story of Tony Gauci's part in the Lockerbie investigation and trial. It also explores the related question of payments by the US authorities to witnesses.
The full article can be read here.
The full article can be read here.
Lockerbie rage over Libya invite
This is the headline over a story in today's Sunday Express. The first few paragraphs read:
'Families of the Lockerbie victims were outraged yesterday after it emerged Libya has been invited to a UK energy summit two days before the 20th anniversary of the atrocity.
'The Foreign Office confirmed the summit will take place, in London, on December 19, as relatives prepare to remember their loved ones.
'Downing Street refused to confirm if Libyan leader Colonel Gadaffi would attend, though it is understood he has been invited as part of the continuing efforts to thaw relations with Tripoli.'
Dr Jim Swire is quoted as describing the timing of the meeting as "highly insensitive".
The only relative who expresses anything that might be described as even approaching "rage" is, of course, Susan Cohen.
The full article is available here.
'Families of the Lockerbie victims were outraged yesterday after it emerged Libya has been invited to a UK energy summit two days before the 20th anniversary of the atrocity.
'The Foreign Office confirmed the summit will take place, in London, on December 19, as relatives prepare to remember their loved ones.
'Downing Street refused to confirm if Libyan leader Colonel Gadaffi would attend, though it is understood he has been invited as part of the continuing efforts to thaw relations with Tripoli.'
Dr Jim Swire is quoted as describing the timing of the meeting as "highly insensitive".
The only relative who expresses anything that might be described as even approaching "rage" is, of course, Susan Cohen.
The full article is available here.
Saturday, 27 September 2008
Remembering Lockerbie
This is the title of a blog that I have just recently discovered. It is a memorial to the 270 people who died in the Lockerbie disaster. It can be found here.
Friday, 26 September 2008
Scottish Parliament to legislate on PII and disclosure
It has been announced by the Scottish Government that its forthcoming Criminal Justice and Licensing Bill will include new rules on the disclosure of evidence. It is to be expected that the new measures will follow the recommendations in the Coulsfield Report. Paragraphs 6.12 to 6.40 of that report contain Lord Coulsfield's consideration of the issue of disclosure of sensitive material, public interest immunity (PII) and "special counsel".
It is not without a measure of irony that the report is the work of one of the judges at the Lockerbie trial in the Scottish Court at Zeist; and that lack of Crown disclosure of material that might have assisted the defence is one of the principal grounds on which the Scottish Criminal Cases Review Commission decided that Mr Megrahi's conviction might have been a miscarriage of justice.
It is not without a measure of irony that the report is the work of one of the judges at the Lockerbie trial in the Scottish Court at Zeist; and that lack of Crown disclosure of material that might have assisted the defence is one of the principal grounds on which the Scottish Criminal Cases Review Commission decided that Mr Megrahi's conviction might have been a miscarriage of justice.
Thursday, 25 September 2008
US lawmakers block ambassador to Libya over fund
Reuters reports that the confirmation of the United States ambassador to Libya has been blocked in the Senate until the last payment of compensation is actually made to the relatives of those killed at Lockerbie. The report reads in part:
'On Wednesday, U.S. Sen. Frank Lautenberg of New Jersey put on hold the nomination of diplomat Gene Cretz to become Washington's envoy to Libya until American victims were paid from a fund agreed on last month by both countries.
'"Libya has not yet satisfied its obligations to U.S. victims of its terrorist acts and I will object to this nomination's moving forward until those victims receive justice," said Lautenberg, a Democrat.(...)
'Appointing a U.S. ambassador was seen as one of the rewards for Libya giving up its weapons of mass destruction program in 2003, which led to a warming of ties between the former foes.
'Relatives of the Pan Am victims welcomed the Senate foreign relations committee's decision.
'"The committee's action ... has sent an unequivocal message to the administration and Libya that the Senate will not appoint a U.S. ambassador until Libya has fulfilled the agreement," said a statement from a group of families.'
The full report can be read here. I am grateful to Big David for drawing this story to my attention.
'On Wednesday, U.S. Sen. Frank Lautenberg of New Jersey put on hold the nomination of diplomat Gene Cretz to become Washington's envoy to Libya until American victims were paid from a fund agreed on last month by both countries.
'"Libya has not yet satisfied its obligations to U.S. victims of its terrorist acts and I will object to this nomination's moving forward until those victims receive justice," said Lautenberg, a Democrat.(...)
'Appointing a U.S. ambassador was seen as one of the rewards for Libya giving up its weapons of mass destruction program in 2003, which led to a warming of ties between the former foes.
'Relatives of the Pan Am victims welcomed the Senate foreign relations committee's decision.
'"The committee's action ... has sent an unequivocal message to the administration and Libya that the Senate will not appoint a U.S. ambassador until Libya has fulfilled the agreement," said a statement from a group of families.'
The full report can be read here. I am grateful to Big David for drawing this story to my attention.
Tuesday, 23 September 2008
Professor Köchler on PII
Statement by Professor Hans Köchler following his visit to Scotland last week:
'The UN-appointed international observer at the Lockerbie trial in the Netherlands, Dr Hans Koechler, revealed in an interview with the BBC's Reevel Alderson on 17 September that the judges dealing with the new appeal of the only convicted suspect in the Lockerbie case, the Libyan citizen Abdelbasset Ali Mohmed Al Megrahi, have ruled that special counsel should be appointed for the Appellant in regard to the material covered by the Foreign Secretary's Public Interest Immunity (PII) certificate. This was communicated in a letter to a member of the House of Commons, dated 4 September 2008 and signed on behalf of the Minister of State Kim Howells. The respective paragraph at the end of the letter reads as follows:
'"The UK government has made clear its commitment to work closely with the Court to ensure that Mr. Megrahi receives a fair trial and that sensitive material is handled appropriately. To this end the court ruled on 19 August that special counsel should be appointed to assist the court and safeguard Mr Megrahi's interests in relation to this issue. Once appointed, the special counsel will be provided with a confidential summary of the submissions made by the Advocate General at the last hearing. The UK government supports this ruling in the interests of ensuring the trial is fair."
'It is to be noted that the above letter was in reply to a letter the member of the House of Commons had written earlier (13 August 2008) to the Foreign Secretary, stating that he was "deeply concerned if the statement by Dr Koechler in the attached letter is correct and vital 'exculpatory material' is being withheld from Mr Al-Megrahi's defence team." The member of the House of Commons refers to a letter by Dr Koechler, dated 21 July 2008, to the Foreign Secretary. It is further to be noted that Dr Koechler received an almost identical letter of reply from the Foreign Office (dated 27 August)- with the exception of the three sentences marked in bold in the above quotation.
'The UN-appointed international observer has visited Scotland from 11 to 19 September on a fact-finding mission aimed at assessing the reasons for the long delay of the new Lockerbie appeal. (In June 2007, after investigations that lasted several years, the Scottish Criminal Cases Review Commission had referred the convicted Libyan national's case back to the High Court of Justiciary.)
'In the course of his visit, Dr Koechler has participated in consultations held on 15/16 September at Greshornish House on the Isle of Skye. The meeting was convened at the invitation of the Lockerbie Justice Group, headed by Mr Robbie the Pict, and included Prof. Robert Black, the "architect" of the Lockerbie trial in the Netherlands. Under the motto Quid nunc, Scotia? the participants were asked to consider questions in regard to the fairness and impartiality of the Lockerbie proceedings in the Netherlands and eventual new appeal proceedings in Scotland and to reflect on the lessons to be learned for the handling of any such case in the future.
'Dr Koechler further held consultations at the House of the Binns with Mr Tam Dalyell, former member of the House of Commons; with Mr Alex Neil MSP and Mr Ian McKie, father of policewoman Shirley McKie, at the Scottish Parliament; and with members of the Lockerbie Justice Group. On 18 September he delivered a keynote speech on "The Lockerbie Trial and the Rule of Law" at the Law Awards of Scotland 2008, organized by The Firm magazine in association with Registers of Scotland at the Glasgow Hilton Hotel. In a reference to the Public Interest Immunity claimed by the UK government, Dr Koechler said:
'"Whether those in public office like it or not, the Lockerbie trial has become a test case for the criminal justice system of Scotland. At the same time, it has become an exemplary case on a global scale - its handling will demonstrate whether a domestic system of criminal justice can resist the dictates of international power politics or simply becomes dysfunctional as soon as 'supreme state interests' interfere with the imperatives of justice. (...) The fairness of judicial proceedings is undoubtedly a supreme and permanent public interest. If the rule of law is to be upheld, the requirements of the administration of justice may have to take precedence over public interests of a secondary order - such as a state's momentary foreign policy considerations or commercial and trade interests. The internal stability and international legitimacy of a polity in the long term depend on whether it is able to ensure the supremacy of the law over considerations of power and convenience."
'Dr Koechler's address was followed by enthusiastic applause from an audience of over 600 attendants representing Scotland's legal profession and was commented on by the subsequent keynote speaker, Sir Menzies Campbell CBE QC, former Leader of the United Kingdom's Liberal Democrats.
'In an exclusive interview for the German-French TV channel ARTE, conducted in Edinburgh, and in all public meetings and consultations in Scotland Dr Koechler reiterated his call for a full public inquiry into the causes of the mid-air explosion of PanAm flight 103 over the Scottish town of Lockerbie and the handling of the case by the Scottish judiciary and the Scottish as well as the British executive.'
'The UN-appointed international observer at the Lockerbie trial in the Netherlands, Dr Hans Koechler, revealed in an interview with the BBC's Reevel Alderson on 17 September that the judges dealing with the new appeal of the only convicted suspect in the Lockerbie case, the Libyan citizen Abdelbasset Ali Mohmed Al Megrahi, have ruled that special counsel should be appointed for the Appellant in regard to the material covered by the Foreign Secretary's Public Interest Immunity (PII) certificate. This was communicated in a letter to a member of the House of Commons, dated 4 September 2008 and signed on behalf of the Minister of State Kim Howells. The respective paragraph at the end of the letter reads as follows:
'"The UK government has made clear its commitment to work closely with the Court to ensure that Mr. Megrahi receives a fair trial and that sensitive material is handled appropriately. To this end the court ruled on 19 August that special counsel should be appointed to assist the court and safeguard Mr Megrahi's interests in relation to this issue. Once appointed, the special counsel will be provided with a confidential summary of the submissions made by the Advocate General at the last hearing. The UK government supports this ruling in the interests of ensuring the trial is fair."
'It is to be noted that the above letter was in reply to a letter the member of the House of Commons had written earlier (13 August 2008) to the Foreign Secretary, stating that he was "deeply concerned if the statement by Dr Koechler in the attached letter is correct and vital 'exculpatory material' is being withheld from Mr Al-Megrahi's defence team." The member of the House of Commons refers to a letter by Dr Koechler, dated 21 July 2008, to the Foreign Secretary. It is further to be noted that Dr Koechler received an almost identical letter of reply from the Foreign Office (dated 27 August)- with the exception of the three sentences marked in bold in the above quotation.
'The UN-appointed international observer has visited Scotland from 11 to 19 September on a fact-finding mission aimed at assessing the reasons for the long delay of the new Lockerbie appeal. (In June 2007, after investigations that lasted several years, the Scottish Criminal Cases Review Commission had referred the convicted Libyan national's case back to the High Court of Justiciary.)
'In the course of his visit, Dr Koechler has participated in consultations held on 15/16 September at Greshornish House on the Isle of Skye. The meeting was convened at the invitation of the Lockerbie Justice Group, headed by Mr Robbie the Pict, and included Prof. Robert Black, the "architect" of the Lockerbie trial in the Netherlands. Under the motto Quid nunc, Scotia? the participants were asked to consider questions in regard to the fairness and impartiality of the Lockerbie proceedings in the Netherlands and eventual new appeal proceedings in Scotland and to reflect on the lessons to be learned for the handling of any such case in the future.
'Dr Koechler further held consultations at the House of the Binns with Mr Tam Dalyell, former member of the House of Commons; with Mr Alex Neil MSP and Mr Ian McKie, father of policewoman Shirley McKie, at the Scottish Parliament; and with members of the Lockerbie Justice Group. On 18 September he delivered a keynote speech on "The Lockerbie Trial and the Rule of Law" at the Law Awards of Scotland 2008, organized by The Firm magazine in association with Registers of Scotland at the Glasgow Hilton Hotel. In a reference to the Public Interest Immunity claimed by the UK government, Dr Koechler said:
'"Whether those in public office like it or not, the Lockerbie trial has become a test case for the criminal justice system of Scotland. At the same time, it has become an exemplary case on a global scale - its handling will demonstrate whether a domestic system of criminal justice can resist the dictates of international power politics or simply becomes dysfunctional as soon as 'supreme state interests' interfere with the imperatives of justice. (...) The fairness of judicial proceedings is undoubtedly a supreme and permanent public interest. If the rule of law is to be upheld, the requirements of the administration of justice may have to take precedence over public interests of a secondary order - such as a state's momentary foreign policy considerations or commercial and trade interests. The internal stability and international legitimacy of a polity in the long term depend on whether it is able to ensure the supremacy of the law over considerations of power and convenience."
'Dr Koechler's address was followed by enthusiastic applause from an audience of over 600 attendants representing Scotland's legal profession and was commented on by the subsequent keynote speaker, Sir Menzies Campbell CBE QC, former Leader of the United Kingdom's Liberal Democrats.
'In an exclusive interview for the German-French TV channel ARTE, conducted in Edinburgh, and in all public meetings and consultations in Scotland Dr Koechler reiterated his call for a full public inquiry into the causes of the mid-air explosion of PanAm flight 103 over the Scottish town of Lockerbie and the handling of the case by the Scottish judiciary and the Scottish as well as the British executive.'
Monday, 22 September 2008
Swire endorses Skye accord and joins call for international inquiry
This is the heading over an article on the website of the Scottish lawyers' magazine The Firm. It reads in part:
'Dr Jim Swire has hit out at the intrusion of the Foreign and Commonwealth Office into the administration of the Scottish Courts' handling of the Megrahi appeal, the procedural aspects of which are presently going through the High Court....
'"The acceptance of a Westminster-appointed and paid adjudicator, to dictate what parts of a document, already known in full to the prosecution, should now be allowed to be seen by the defence, hardly seems in line with the expressed independence of the Scottish legal system. Nor does it support 'equality of arms' - a supposedly basic tenet of any system claiming to dispense justice."
'"Intrusion of a politically originated 'Pubic Interest Immunity Certificate' in this way would be universally condemned outside that system as compromising its fairness."'
'"Justice cannot be seen to be being done among the dirty underwear of the F&CO, which can by no means be considered an objective and impartial intruder. The outcome of the Zeist trial was far too politically convenient, and the evidence offered far too suspect for that to be accepted."
'"We would do well to rise up against any attempt by the political elite to interefere in a criminal justice system. The public must have confidence that such a system can offer them protection when justified, even against the actions of their own government."
'"As Prof Koechler says, if their Lordships have made this decision, then an inquiry within Scotland and also by the United Nations internationally must be set up."
'"The suspicion that political aims have interfered with this case is not of course limited to the current question over this document and the PII certificate, it pervades many aspects of the Zeist trial itself and the first appeal held there, not least the presence of FBI/CIA operatives within the prosecution bench, as mentioned by Prof Koechler."'
The full article can be read here.
'Dr Jim Swire has hit out at the intrusion of the Foreign and Commonwealth Office into the administration of the Scottish Courts' handling of the Megrahi appeal, the procedural aspects of which are presently going through the High Court....
'"The acceptance of a Westminster-appointed and paid adjudicator, to dictate what parts of a document, already known in full to the prosecution, should now be allowed to be seen by the defence, hardly seems in line with the expressed independence of the Scottish legal system. Nor does it support 'equality of arms' - a supposedly basic tenet of any system claiming to dispense justice."
'"Intrusion of a politically originated 'Pubic Interest Immunity Certificate' in this way would be universally condemned outside that system as compromising its fairness."'
'"Justice cannot be seen to be being done among the dirty underwear of the F&CO, which can by no means be considered an objective and impartial intruder. The outcome of the Zeist trial was far too politically convenient, and the evidence offered far too suspect for that to be accepted."
'"We would do well to rise up against any attempt by the political elite to interefere in a criminal justice system. The public must have confidence that such a system can offer them protection when justified, even against the actions of their own government."
'"As Prof Koechler says, if their Lordships have made this decision, then an inquiry within Scotland and also by the United Nations internationally must be set up."
'"The suspicion that political aims have interfered with this case is not of course limited to the current question over this document and the PII certificate, it pervades many aspects of the Zeist trial itself and the first appeal held there, not least the presence of FBI/CIA operatives within the prosecution bench, as mentioned by Prof Koechler."'
The full article can be read here.
Sunday, 21 September 2008
Private Eye on The Conspiracy Files: Lockerbie
The current issue of Private Eye features an article entitled "Lockerbie: What Price Justice?" It reads in part:
'In BBC2’s recent Conspiracy Files documentary about the blowing-up of Pan Am flight 103 over Lockerbie, Richard Marquise, the FBI agent who headed the US side of the investigation 20 years ago, emphatically denied that any reward money had been paid to witnesses.
'In reply to a claim by Edwin Bollier, the boss of a Swiss company said to have manufactured the timing device used in the bomb, that he had been offered money by the FBI, Marquise said: "I can promise you we offered everyone who was involved in the case the exact same – nothing. They were never offered anything for their testimony, for their information concerning this case."
'Clearly this was a case of the left hand of American Law enforcement not knowing what the right was up to because Majid Giaka, the "star" witness at the trial of the two Libyans originally accused of the bombing, was handsomely rewarded by the CIA... [The Lockerbie] judges agreed that Giaka's evidence - that he saw the pair with a large brown case at Luqa, the Maltese airport - was "at best grossly exaggerated and at worst untrue", and "largely motivated by financial considerations".
'[The judges] relied on the only other evidence that incriminated Megrahi: his identification 11 years after the event by Tony Gauci, the Maltese shopkeeper who said he sold him the 13 items of clothing that were packed around the bomb. But Gauci had seen a picture of Megrahi only a few days before he made the crucial identification. This too was withheld from the original trial.
'Inconsistencies and doubts surrounding Gauci's identification now form one of the six grounds outlined by the Scottish Criminal Cases Review Commission (SCCRC) for concluding Megrahi may be the victim of a miscarriage of justice. There were unconfirmed reports that part of the concerns outlined in the confidential 80-page SCCRC submission were that Gauci too was paid a large amount of CIA "compensation".
'And for final confirmation that the Americans paid out money, the 'Reward for Justice' website of the US state department outlines the Lockerbie case. It says it has "paid more than $72m to over 50 people who have provided information that prevented international terrorist attacks or brought to justice those involved in prior acts."'
'In BBC2’s recent Conspiracy Files documentary about the blowing-up of Pan Am flight 103 over Lockerbie, Richard Marquise, the FBI agent who headed the US side of the investigation 20 years ago, emphatically denied that any reward money had been paid to witnesses.
'In reply to a claim by Edwin Bollier, the boss of a Swiss company said to have manufactured the timing device used in the bomb, that he had been offered money by the FBI, Marquise said: "I can promise you we offered everyone who was involved in the case the exact same – nothing. They were never offered anything for their testimony, for their information concerning this case."
'Clearly this was a case of the left hand of American Law enforcement not knowing what the right was up to because Majid Giaka, the "star" witness at the trial of the two Libyans originally accused of the bombing, was handsomely rewarded by the CIA... [The Lockerbie] judges agreed that Giaka's evidence - that he saw the pair with a large brown case at Luqa, the Maltese airport - was "at best grossly exaggerated and at worst untrue", and "largely motivated by financial considerations".
'[The judges] relied on the only other evidence that incriminated Megrahi: his identification 11 years after the event by Tony Gauci, the Maltese shopkeeper who said he sold him the 13 items of clothing that were packed around the bomb. But Gauci had seen a picture of Megrahi only a few days before he made the crucial identification. This too was withheld from the original trial.
'Inconsistencies and doubts surrounding Gauci's identification now form one of the six grounds outlined by the Scottish Criminal Cases Review Commission (SCCRC) for concluding Megrahi may be the victim of a miscarriage of justice. There were unconfirmed reports that part of the concerns outlined in the confidential 80-page SCCRC submission were that Gauci too was paid a large amount of CIA "compensation".
'And for final confirmation that the Americans paid out money, the 'Reward for Justice' website of the US state department outlines the Lockerbie case. It says it has "paid more than $72m to over 50 people who have provided information that prevented international terrorist attacks or brought to justice those involved in prior acts."'
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