A mother whose son was killed in the Lockerbie bombings last night said she hoped a fresh appeal would reveal the truth behind her son’s death.
Terminally-ill Abdelbaset Ali Mohmed Al Megrahi was yesterday refused bail at an Appeal Court hearing in Edinburgh.
He is serving a life sentence with a minimum term of 27 years for the 1988 atrocity in which 270 people died, including Alistair Berkley, 29, of Sandhoe, near Hexham, Northumberland. (...)
If he were to be granted an appeal, all the evidence surrounding the attack would be reinvestigated, a move supported by Alistair’s mother, Jean.
Last night she said she was confident Megrahi would receive the right medical attention while he was in prison.
She said: “I don’t have any strong feelings about whether he should get bail or not.
“In these circumstances I’m sure he will get the same medical treatment as if he was out of prison.
“The news that he has got a fatal illness obviously just makes us want what we’ve always wanted – for the appeal to go on.”
Alistair, a law lecturer, was on board the Pan Am Flight 103, travelling from his workplace in London to New York. (...)
The Berkley family have never been totally satisfied with the conviction of Libyan intelligence agent Megrahi in Holland in early 2001.
And last night Mrs Berkley, 78, said she was still looking for the truth behind her son’s death. She said: “I am not vindictive about the whole thing – I know that some people are, but I am not.
“We feel there is a lot more that we don’t know. We’ve been hoping there would be another appeal because it’s another opportunity to find out what happened.
“I’m co-ordinator of the UK’s family group and we all think there is a great deal that we should know. Everybody knows there were more people involved than just Megrahi.” (...)
[From Journal Live, a news website covering mainly the Northeast of England. The full article can be read here.]
Saturday, 15 November 2008
UK press coverage of the bail refusal
The Herald
Lucy Adams, the paper’s chief reporter, provides a lengthy report on yesterday’s proceedings and quotes reactions from Jim Swire, Tam Dalyell and US relative Robert Monetti. The paper also prints a letter from Dr Swire and an editorial on the subject.
The Scotsman
John Robertson and Michael Howie jointly contribute a report on the outcome of the interim liberation application. The article incorporates with short pieces by Jim Swire arguing that Megrahi should be released and by US relative Daniel Cohen arguing that he should not.
The Times
Charlene Sweeney provides a lengthy article on the court hearing and reaction to it. She quotes the statements from Megrahi’s lawyer, Tony Kelly, and from Jim Swire that were reproduced yesterday on this blog. I am quoted as saying: “It would have required something really exceptional by way of injury to his health to overcome the fact he murdered 270 people. The court is of the view that his health has not reached that state.” What I actually said was “It would have required something really exceptional by way of injury to his health to overcome the fact he stands convicted of murdering 270 people.” I do not believe that Abdelbaset Megrahi had anything whatsoever to do with the Lockerbie atrocity. The paper also runs a feature entitled “Should the Lockerbie bomber's appeal succeed?” which contains a “pro” piece by me and a “con” piece by Daniel Cohen.
The Guardian
This paper confines itself, disappointingly, to a brief narration of the outcome of the hearing.
Lucy Adams, the paper’s chief reporter, provides a lengthy report on yesterday’s proceedings and quotes reactions from Jim Swire, Tam Dalyell and US relative Robert Monetti. The paper also prints a letter from Dr Swire and an editorial on the subject.
The Scotsman
John Robertson and Michael Howie jointly contribute a report on the outcome of the interim liberation application. The article incorporates with short pieces by Jim Swire arguing that Megrahi should be released and by US relative Daniel Cohen arguing that he should not.
The Times
Charlene Sweeney provides a lengthy article on the court hearing and reaction to it. She quotes the statements from Megrahi’s lawyer, Tony Kelly, and from Jim Swire that were reproduced yesterday on this blog. I am quoted as saying: “It would have required something really exceptional by way of injury to his health to overcome the fact he murdered 270 people. The court is of the view that his health has not reached that state.” What I actually said was “It would have required something really exceptional by way of injury to his health to overcome the fact he stands convicted of murdering 270 people.” I do not believe that Abdelbaset Megrahi had anything whatsoever to do with the Lockerbie atrocity. The paper also runs a feature entitled “Should the Lockerbie bomber's appeal succeed?” which contains a “pro” piece by me and a “con” piece by Daniel Cohen.
The Guardian
This paper confines itself, disappointingly, to a brief narration of the outcome of the hearing.
Friday, 14 November 2008
Statement from Dr Jim Swire
Interim release is usually only granted where a prisoner's appeal appears to have a serious prospect of success.
In Mr Megrahi's case, the SCCRC decided after three years of scrutiny that his trial might have been a miscarriage of justice. Against that finding it does not look as if his petition for interim release could have failed to meet that criterion.
The possibilities of further offending or of absconding in this case are reduced almost to the absurd by the pernicious mix of a deadly illness, and the high public profile which this man endures.
The briefest look at the actions of the Libyan regime over the last 8 years or so indicates that any inappropriate or clandestine intervention on their part would be totally illogical and extremely counterproductive to their recent progress internationally.
It is difficult therefore to see what justification there could be for today's decision.
It is of course true that with so many victims' relatives involved there would have been harsh criticism from some had he been released, and for some of those it would have caused real distress.
It has however never been a goal of our group to seek revenge, and the refusal of a return to his family for a dying man, whose verdict is not even yet secure, looks uncomfortably like either an aspect of revenge or perhaps timidity.
It seems tragic that Scottish justice has missed a golden opportunity to display mercy in a situation where it has been unable to complete the appeal process within a reasonable time frame. It must bear some responsibility for the dilemmas posed by having a dying man in its custody, whose guilt or innocence it still has not finally decided.
Prime Minister William Gladstone's words "justice delayed is justice denied" may come to have a terrible resonance for Mr Megrahi, and will now interminably stalk the future reputation of Scottish justice.
No doubt the prisoner will now apply to Kenny MacAskill for release on compassionate grounds. Personally I hope that he does, and that he succeeds. A mix of compassion and courage is required. Both Christian virtues I believe.
Dr Jim Swire UK Families-Flight 103
In Mr Megrahi's case, the SCCRC decided after three years of scrutiny that his trial might have been a miscarriage of justice. Against that finding it does not look as if his petition for interim release could have failed to meet that criterion.
The possibilities of further offending or of absconding in this case are reduced almost to the absurd by the pernicious mix of a deadly illness, and the high public profile which this man endures.
The briefest look at the actions of the Libyan regime over the last 8 years or so indicates that any inappropriate or clandestine intervention on their part would be totally illogical and extremely counterproductive to their recent progress internationally.
It is difficult therefore to see what justification there could be for today's decision.
It is of course true that with so many victims' relatives involved there would have been harsh criticism from some had he been released, and for some of those it would have caused real distress.
It has however never been a goal of our group to seek revenge, and the refusal of a return to his family for a dying man, whose verdict is not even yet secure, looks uncomfortably like either an aspect of revenge or perhaps timidity.
It seems tragic that Scottish justice has missed a golden opportunity to display mercy in a situation where it has been unable to complete the appeal process within a reasonable time frame. It must bear some responsibility for the dilemmas posed by having a dying man in its custody, whose guilt or innocence it still has not finally decided.
Prime Minister William Gladstone's words "justice delayed is justice denied" may come to have a terrible resonance for Mr Megrahi, and will now interminably stalk the future reputation of Scottish justice.
No doubt the prisoner will now apply to Kenny MacAskill for release on compassionate grounds. Personally I hope that he does, and that he succeeds. A mix of compassion and courage is required. Both Christian virtues I believe.
Dr Jim Swire UK Families-Flight 103
Press release from Megrahi's lawyers
14th November 2008.
Mr Megrahi was today refused bail pending the hearing of his appeal by the High Court of Justicary.
He said:
“I am very distressed that the Court has refused to grant me bail and denied me the chance to spend my remaining time with my family.
I wish to reiterate that I had nothing whatsoever to do with the Lockerbie bombing and that the fight for justice will continue, regardless of whether I am alive to witness my name being cleared.
I would like to take this opportunity to thank the many people of Scotland and elsewhere who have taken the time to send me cards and letters of support. Their kindness has touched me and helped me at this difficult time.
I ask that the privacy of my family is respected during this very difficult time.”
Notes for Editors
There is no appeal against the refusal of the application for bail pending the hearing of the appeal. The Court can consider a further application for review of the decision but there must be a change in circumstances to be placed before the Court before it can reconsider the matter.
The Scottish Criminal Cases Review Commission referred the case of Abdelbaset Ali Mohmed Al Megrahi back to the High Court of Justiciary on 28th June 2007. Grounds of Appeal were lodged on Mr Megrahi’s behalf on 21st December 2007. The Crown sought to restrict the scope of the Grounds of Appeal submitted on behalf of Mr Megrahi. They submitted that only those Grounds which had been referred back to the Court by the Scottish Criminal Cases Review Commission could be heard. In their decision of 15th October 2008 the Court rejected the Crown’s argument and confirmed that Mr Megrahi was entitled to have his stated Grounds of Appeal decided by the Court on their respective merits.
A further hearing in the case has been assigned for 27th and 28th November 2008. At this hearing parties will discuss their proposals in relation to case management, as requested by the Court. Proposals in relation to the appointment of a Special Advocate/Counsel will also be discussed. This relates to the Public Interest Immunity plea taken by the Advocate General for Scotland in relation to a document relied upon by the Scottish Criminal Cases Review Commission in their decision to refer. Mr Megrahi has sought disclosure of significant documents for the proper preparation and presentation of his appeal. This application is being opposed by the prosecution. Procedures to resolve this matter will also be discussed on 27th and 28th November 2008.
Mr Megrahi was today refused bail pending the hearing of his appeal by the High Court of Justicary.
He said:
“I am very distressed that the Court has refused to grant me bail and denied me the chance to spend my remaining time with my family.
I wish to reiterate that I had nothing whatsoever to do with the Lockerbie bombing and that the fight for justice will continue, regardless of whether I am alive to witness my name being cleared.
I would like to take this opportunity to thank the many people of Scotland and elsewhere who have taken the time to send me cards and letters of support. Their kindness has touched me and helped me at this difficult time.
I ask that the privacy of my family is respected during this very difficult time.”
Notes for Editors
There is no appeal against the refusal of the application for bail pending the hearing of the appeal. The Court can consider a further application for review of the decision but there must be a change in circumstances to be placed before the Court before it can reconsider the matter.
The Scottish Criminal Cases Review Commission referred the case of Abdelbaset Ali Mohmed Al Megrahi back to the High Court of Justiciary on 28th June 2007. Grounds of Appeal were lodged on Mr Megrahi’s behalf on 21st December 2007. The Crown sought to restrict the scope of the Grounds of Appeal submitted on behalf of Mr Megrahi. They submitted that only those Grounds which had been referred back to the Court by the Scottish Criminal Cases Review Commission could be heard. In their decision of 15th October 2008 the Court rejected the Crown’s argument and confirmed that Mr Megrahi was entitled to have his stated Grounds of Appeal decided by the Court on their respective merits.
A further hearing in the case has been assigned for 27th and 28th November 2008. At this hearing parties will discuss their proposals in relation to case management, as requested by the Court. Proposals in relation to the appointment of a Special Advocate/Counsel will also be discussed. This relates to the Public Interest Immunity plea taken by the Advocate General for Scotland in relation to a document relied upon by the Scottish Criminal Cases Review Commission in their decision to refer. Mr Megrahi has sought disclosure of significant documents for the proper preparation and presentation of his appeal. This application is being opposed by the prosecution. Procedures to resolve this matter will also be discussed on 27th and 28th November 2008.
Interim liberation refused
The High Court of Justiciary this morning refused Abdelbaset Megrahi's application for interim liberation. The court's view was that the gravity of the crime of which he stands convicted is such that liberation pending his appeal could not reasonably be expected except on compelling compassionate grounds. Their Lordships expressed the view that Mr Megrahi's state of health has not as yet reached the stage where its seriousness overrides the factor of the gravity of the crime. The court indicated that it would be willing to consider a further application for bail if and when his prognosis is clearer or his medical condition deteriorates.
The court's written Opinion can be read here. The report of today's proceedings on the BBC News website can be read here.
The court's written Opinion can be read here. The report of today's proceedings on the BBC News website can be read here.
An anniversary
Seventeen years ago today, on 14 November 1991, the US Department of Justice announced that an indictment had been brought against Abdelbaset Ali Mohmed Al-Megrahi and Al-Amin Khalifa Fhimah for the murder of the 270 victims of the Lockerbie disaster. The Crown Office in Scotland simultaneously announced that a petition had been presented to the sheriff at Dumfries (the nearest court town to Lockerbie) charging the two Libyans with the murders and that warrants for their arrest had been granted. The Libyan Government was called upon to surrender the men for trial in Scotland or the United States.
Thursday, 13 November 2008
Justice for families of Pan Am 103
On Dec. 21, 1988, my brother was killed aboard Pan Am Flight 103 when it was bombed by Libyan terrorists over Lockerbie, Scotland. Two decades later, my family and the families of the 189 other Americans killed on that flight are finally able to claim some form of justice for our lost loved ones.
The Scottish high court convicted one Libyan intelligence officer for his involvement after the initial investigation, but the complexities of a crime perpetrated by a foreign government made it impossible to seek traditional criminal justice for all those responsible, so we turned to the civil court.
After many painful years of negotiations, the Libyan government finally agreed to pay $10 million to each victim's family. The first 80 percent of this sum was paid as planned, but the Libyan government withheld the remaining 20 percent as it negotiated restored diplomatic relations with the United States. The closer the restoration of these ties came, the harder we fought to ensure that the Libyan government was held accountable for its debt.
In July, the United States and Libya agreed that relations could be normalized only after Libya paid its full debt for its state-sponsored terrorism. On Oct. 31, the Libyan government executed full payment to the victims and their families.
While we may never know the names of all of those involved in this crime or see them face the punishment they so justly deserve, we can gain some peace from forcing the Libyan government to be accountable for its crimes. We thank Sen. Frank Lautenberg and others who stood by us the last two decades.
Kara Weipz
President
Victims of Pan Am Flight 103
[Letter from the president of the largest US organisation of relatives of those who died in the Lockerbie disaster, published in today's issue of The Philadelphia Inquirer]
The Scottish high court convicted one Libyan intelligence officer for his involvement after the initial investigation, but the complexities of a crime perpetrated by a foreign government made it impossible to seek traditional criminal justice for all those responsible, so we turned to the civil court.
After many painful years of negotiations, the Libyan government finally agreed to pay $10 million to each victim's family. The first 80 percent of this sum was paid as planned, but the Libyan government withheld the remaining 20 percent as it negotiated restored diplomatic relations with the United States. The closer the restoration of these ties came, the harder we fought to ensure that the Libyan government was held accountable for its debt.
In July, the United States and Libya agreed that relations could be normalized only after Libya paid its full debt for its state-sponsored terrorism. On Oct. 31, the Libyan government executed full payment to the victims and their families.
While we may never know the names of all of those involved in this crime or see them face the punishment they so justly deserve, we can gain some peace from forcing the Libyan government to be accountable for its crimes. We thank Sen. Frank Lautenberg and others who stood by us the last two decades.
Kara Weipz
President
Victims of Pan Am Flight 103
[Letter from the president of the largest US organisation of relatives of those who died in the Lockerbie disaster, published in today's issue of The Philadelphia Inquirer]
Wednesday, 12 November 2008
Decision on interim liberation
Monday, 10 November 2008
Closed minds?
[Here, in its entirety, is a report from Google News, attributed to the UK news agency The Press Association.]
American relatives of those killed in the Lockerbie bombing have been accused of closing their minds to the possibility of a miscarriage of justice.
The charge came from former MP Tam Dalyell as the Lockerbie saga reached another milestone.
The US has begun transferring more than 500 million dollars in Libyan compensation money to the families of American victims of the 1988 Pan Am bombing.
[A fuller report can now be found on the website of The Independent. It reads in part:
'American relatives of those killed in the Lockerbie bombing were today accused of closing their minds to the possibility of a miscarriage of justice.
'The charge came from former MP Tam Dalyell as the Lockerbie saga reached another milestone.
'The US has begun transferring more than 500 million dollars in Libyan compensation money to the families of American victims of the 1988 Pan Am bombing.
'Mr Dalyell, who is convinced of the innocence of Abdelbaset Ali Mohmed Al Megrahi, serving a life term in a Scottish prison for the bombing, said developments in the case often saw some but not all US relatives asserting that Megrahi should die in prison.
'"This would be understandable if there were not the gravest doubts about whether he has anything to do with this crime that bereaved these relatives in the first place," said Mr Dalyell. a former Labour MP.
'"But I recognise that the pressures from some very vociferous relatives in the States are huge.
'"They have shut their minds to the possibility that the court could have carried out a miscarriage of justice."'
The full article can be read here.]
American relatives of those killed in the Lockerbie bombing have been accused of closing their minds to the possibility of a miscarriage of justice.
The charge came from former MP Tam Dalyell as the Lockerbie saga reached another milestone.
The US has begun transferring more than 500 million dollars in Libyan compensation money to the families of American victims of the 1988 Pan Am bombing.
[A fuller report can now be found on the website of The Independent. It reads in part:
'American relatives of those killed in the Lockerbie bombing were today accused of closing their minds to the possibility of a miscarriage of justice.
'The charge came from former MP Tam Dalyell as the Lockerbie saga reached another milestone.
'The US has begun transferring more than 500 million dollars in Libyan compensation money to the families of American victims of the 1988 Pan Am bombing.
'Mr Dalyell, who is convinced of the innocence of Abdelbaset Ali Mohmed Al Megrahi, serving a life term in a Scottish prison for the bombing, said developments in the case often saw some but not all US relatives asserting that Megrahi should die in prison.
'"This would be understandable if there were not the gravest doubts about whether he has anything to do with this crime that bereaved these relatives in the first place," said Mr Dalyell. a former Labour MP.
'"But I recognise that the pressures from some very vociferous relatives in the States are huge.
'"They have shut their minds to the possibility that the court could have carried out a miscarriage of justice."'
The full article can be read here.]
Dr Swire feels responsible
[Dr Jim Swire] admitted he feels responsible [for Abdelbaset Megrahi's plight] because he met Libyan leader Colonel Gadaffi in 1998 and persuaded him to hand over al-Megrahi and another suspect for trial.
The retired GP said: “I believe he was handed over by Gadaffi because of my meetings with him.
“But after hearing the evidence at the trial, I believe he isn’t guilty.”
He added: “I believe the truth will never come out while I’m alive.
“Justice will not be done in my lifetime.”
[From today's issue of The Scottish Sun and drawn to my attention by a blog reader who wishes it to be clearly understood that the newspaper in question is not his regular morning read. The full article can be accessed here.]
[From an e-mail from Dr Swire to me: "I don't know how the Sun can live with itself, they've used the mistakes from another article to misrepresent my position, without ever bothering to ask me what I actually thought."]
The retired GP said: “I believe he was handed over by Gadaffi because of my meetings with him.
“But after hearing the evidence at the trial, I believe he isn’t guilty.”
He added: “I believe the truth will never come out while I’m alive.
“Justice will not be done in my lifetime.”
[From today's issue of The Scottish Sun and drawn to my attention by a blog reader who wishes it to be clearly understood that the newspaper in question is not his regular morning read. The full article can be accessed here.]
[From an e-mail from Dr Swire to me: "I don't know how the Sun can live with itself, they've used the mistakes from another article to misrepresent my position, without ever bothering to ask me what I actually thought."]
Sunday, 9 November 2008
US transfers Libyan money to Lockerbie victims
The U.S. said Sunday it has begun transferring more than $500 million in Libyan compensation money to the families of American victims of the 1988 Pan Am 103 bombing over Lockerbie, Scotland.
More money is on the way to complete the settlement, but $504 million of $536 million to be distributed to the families was moved from the Treasury to a private account administered by Lockerbie families' lawyers on Friday, the top U.S. diplomat for the Mideast said.
David Welch spoke to reporters aboard Secretary of State Condoleezza Rice's plane as she returned to Washington from the Middle East. He said he expected the rest of the Lockerbie payments would be made soon as soon as administrative details were worked out.
The cash comes from a $1.5 billion fund for U.S. victims of Libyan-linked terrorism in the 1980s that Libya finished paying into last month. (...)
Libya's payment into the fund cleared the last hurdle in full normalization of ties between Washington and Tripoli. On Oct. 31, President Bush signed an executive order restoring the Libyan government's immunity from terror-related lawsuits and dismissing pending compensation cases. (...)
There has been a huge increase in interest from U.S. firms, particularly in the energy sector, in doing business in Libya, where European companies have had much greater access in recent years. Libya's proven oil reserves are the ninth largest in the world, close to 39 billion barrels, and vast areas remain unexplored for new deposits.
[From Matthew Lee, Associated Press]
More money is on the way to complete the settlement, but $504 million of $536 million to be distributed to the families was moved from the Treasury to a private account administered by Lockerbie families' lawyers on Friday, the top U.S. diplomat for the Mideast said.
David Welch spoke to reporters aboard Secretary of State Condoleezza Rice's plane as she returned to Washington from the Middle East. He said he expected the rest of the Lockerbie payments would be made soon as soon as administrative details were worked out.
The cash comes from a $1.5 billion fund for U.S. victims of Libyan-linked terrorism in the 1980s that Libya finished paying into last month. (...)
Libya's payment into the fund cleared the last hurdle in full normalization of ties between Washington and Tripoli. On Oct. 31, President Bush signed an executive order restoring the Libyan government's immunity from terror-related lawsuits and dismissing pending compensation cases. (...)
There has been a huge increase in interest from U.S. firms, particularly in the energy sector, in doing business in Libya, where European companies have had much greater access in recent years. Libya's proven oil reserves are the ninth largest in the world, close to 39 billion barrels, and vast areas remain unexplored for new deposits.
[From Matthew Lee, Associated Press]
Lockerbie Reflections
This is the title of a lengthy post on Ed's Blog City which takes the line that Pan Am flight 103 was probably a revenge attack for the downing of Iran Air flight 655 by the USS Vincennes on 3 July 1988. The article links the official stonewalling over Lockerbie to the Shirley McKie case. It also points out the involvement in Lockerbie of various notorious (some might say murky) characters on the US intelligence scene.
The post can be read here.
The post can be read here.
Saturday, 8 November 2008
20 years on and Lockerbie victim's father still searches for the truth
This is the headline over a moving article on the website of the Sunday Mercury, a newspaper serving largely the English midlands. It consists largely of interviews with Jim and Jane Swire. It reads in part:
'... Jim pledged to win justice for his daughter and all those killed on Pan Am Flight 103. Yet over the years he has become convinced the Libyans were not involved.
'He said: “The evidence points to the involvement of Iran and Syria, not Libya. The case against al-Megrahi, I believe is invalid.”
'Jim believes the Lockerbie bombing was a revenge attack against the Americans who had ordered an Iranian Airbus to be shot down months before Lockerbie killing 290 innocent people.
'He also believes a Syrian terror group had amassed a cache of bombs designed for infiltration into European airports, explosives would sense the drop of pressure as an aircraft climbed into the skies - and would explode about 40 minutes after take-off.
'And the Lockerbie bomb, he claims, may have been handed to and planted by an insider at Heathrow during a break-in the night before the disaster.
'But with al-Megrahi serving a life sentence, he fears the true story will never be known unless the conviction is overturned.
'Jim added: “I believe that the truth will never come out while I am alive. Justice will not be done in my lifetime.”
'Soon after Lockerbie Jim and Jane planted young trees in the grounds of their family home in Bromsgrove, Worcestershire, which they named Flora’s Wood.
'The trees are mature now and still stand there today, despite the couple selling the house in 2002. They were planted in the shape of an F for Flora, a poignant outline that can still be seen from satellite pictures on Google Earth.'
The full article can be read here.
'... Jim pledged to win justice for his daughter and all those killed on Pan Am Flight 103. Yet over the years he has become convinced the Libyans were not involved.
'He said: “The evidence points to the involvement of Iran and Syria, not Libya. The case against al-Megrahi, I believe is invalid.”
'Jim believes the Lockerbie bombing was a revenge attack against the Americans who had ordered an Iranian Airbus to be shot down months before Lockerbie killing 290 innocent people.
'He also believes a Syrian terror group had amassed a cache of bombs designed for infiltration into European airports, explosives would sense the drop of pressure as an aircraft climbed into the skies - and would explode about 40 minutes after take-off.
'And the Lockerbie bomb, he claims, may have been handed to and planted by an insider at Heathrow during a break-in the night before the disaster.
'But with al-Megrahi serving a life sentence, he fears the true story will never be known unless the conviction is overturned.
'Jim added: “I believe that the truth will never come out while I am alive. Justice will not be done in my lifetime.”
'Soon after Lockerbie Jim and Jane planted young trees in the grounds of their family home in Bromsgrove, Worcestershire, which they named Flora’s Wood.
'The trees are mature now and still stand there today, despite the couple selling the house in 2002. They were planted in the shape of an F for Flora, a poignant outline that can still be seen from satellite pictures on Google Earth.'
The full article can be read here.
Op-ed from The Tripoli Post
Will Justice be Served? Will Al-Megrahi be Released from Prison Soon?
By Zainab Al-Arabi
07/11/2008 22:44:00
Yes I know that this week the eyes and ears of the world are concentrated on America and the new President-elect, Barack Obama; that the United Nations and various human rights organisations are calling for help concerning the crisis in the Democratic Republic of Congo. But my thoughts are with Abdul Basit Al-Megarhi, the Libyan man wrongly convicted of mass murder in the Lockerbie case, who has been in prison since 1999.
The news that he has been diagnosed with advanced-stage prostate cancer has stunned many Libyans. For years his appeals for a re-examination of the evidence against him had been refused, and only last year was this even considered a possibility.
The case for a re-trial is strongly put forward by many experts in the field of law, perhaps the most eminent of whom is Professor Robert Black (born and raised in Lockerbie, Scotland). Often referred to as the architect of the Lockerbie trial at Camp Zeist in the Netherlands, he has been sceptical of the grounds on which the court delivered its sentence for years.
Based on his assessment of the evidence and the witnesses, he is convinced that a gross miscarriage of justice has taken place. This seemed to be more evident when a British court ruled in early 2008, in answer to a request by the Appeals Court in October, 2007, that certain documents deliberately withheld from Al-Megarhi’s defence lawyers by the prosecution, could not be released due to reasons of ‘National Security’.
Finally in October 2008, the defence lawyers request for a hearing was approved. The next hearing in the High Court in Edinburgh is planned to take place on the 21st of November 2008. On the question of whether Al-Megarhi has the right to be released on bail while his case is under review by the Scottish court, Professor Black (on his website) answers,” yes.
What matters is whether the grounds of appeal (1) if successful, would lead to the conviction being quashed and (2) are arguable, i.e. not on the face of it doomed to failure. These tests are clearly satisfied in cases, such as Abdelbaset Megrahi’s, where an independent expert body (the Scottish Criminal Cases Review Commission) has referred the case to the Criminal Appeal Court on the ground that the conviction may have amounted to a miscarriage of justice.”
Al-Megarhi has requested that the privacy of his family be respected, and that he would prefer to undergo medical treatment in Scotland if exonerated. The Swiss Department of Foreign Affairs has reportedly also informed Libya on the 25th of October that it would welcome Al-Megarhi for medical treatment on his release.
The Swiss company, Mebo Ltd, the makers of the device allegedly used in the Lockerbie bombing, have their own ‘Lockerbie’ website in which they call Al-Megarhi the ‘271st Lockerbie victim’.
Their claim is that the evidence produced by the prosecution was misleading and false.
In his most recent comment on the subject, “The Scotsman” reported on 7 July 2007 that the United Nations observer Dr. Hans Köchler has written to Mr. Salmond and Jacqui Smith, the Home Secretary of Scotland, calling for experts from countries not involved in the case to investigate the way the investigation was conducted by UK and US authorities.
In his letter, Dr. Köchler called for a full and independent public inquiry of the Lockerbie case and its handling by the Scottish judiciary as well as the British and US political and intelligence establishments.
He also called for the SCCRC’s full report to be made public. Although he was included in talks regarding prisoner exchange between Libya and Britain, Al-Megarhi has refused to leave his prison in Scotland until his innocence was proven.
According to Jim Swire, spokesman for the UK Family Group, whose daughter was among the victims of the Lockerbie tragedy, stated that the families of the UK victims agreed that Al-Megarhi should be released for compassionate reasons whatever the outcome of SCCRC hearing.
Even though they might not all be convinced of his innocence, they saw no reason to keep a dying man in prison far from his country and family.
Dr.Swire has been to Libya on several occasions and has stated that he is not convinced of the court’s sentencing. He has continued to press the British government for a new investigation. Will justice be served?
By Zainab Al-Arabi
07/11/2008 22:44:00
Yes I know that this week the eyes and ears of the world are concentrated on America and the new President-elect, Barack Obama; that the United Nations and various human rights organisations are calling for help concerning the crisis in the Democratic Republic of Congo. But my thoughts are with Abdul Basit Al-Megarhi, the Libyan man wrongly convicted of mass murder in the Lockerbie case, who has been in prison since 1999.
The news that he has been diagnosed with advanced-stage prostate cancer has stunned many Libyans. For years his appeals for a re-examination of the evidence against him had been refused, and only last year was this even considered a possibility.
The case for a re-trial is strongly put forward by many experts in the field of law, perhaps the most eminent of whom is Professor Robert Black (born and raised in Lockerbie, Scotland). Often referred to as the architect of the Lockerbie trial at Camp Zeist in the Netherlands, he has been sceptical of the grounds on which the court delivered its sentence for years.
Based on his assessment of the evidence and the witnesses, he is convinced that a gross miscarriage of justice has taken place. This seemed to be more evident when a British court ruled in early 2008, in answer to a request by the Appeals Court in October, 2007, that certain documents deliberately withheld from Al-Megarhi’s defence lawyers by the prosecution, could not be released due to reasons of ‘National Security’.
Finally in October 2008, the defence lawyers request for a hearing was approved. The next hearing in the High Court in Edinburgh is planned to take place on the 21st of November 2008. On the question of whether Al-Megarhi has the right to be released on bail while his case is under review by the Scottish court, Professor Black (on his website) answers,” yes.
What matters is whether the grounds of appeal (1) if successful, would lead to the conviction being quashed and (2) are arguable, i.e. not on the face of it doomed to failure. These tests are clearly satisfied in cases, such as Abdelbaset Megrahi’s, where an independent expert body (the Scottish Criminal Cases Review Commission) has referred the case to the Criminal Appeal Court on the ground that the conviction may have amounted to a miscarriage of justice.”
Al-Megarhi has requested that the privacy of his family be respected, and that he would prefer to undergo medical treatment in Scotland if exonerated. The Swiss Department of Foreign Affairs has reportedly also informed Libya on the 25th of October that it would welcome Al-Megarhi for medical treatment on his release.
The Swiss company, Mebo Ltd, the makers of the device allegedly used in the Lockerbie bombing, have their own ‘Lockerbie’ website in which they call Al-Megarhi the ‘271st Lockerbie victim’.
Their claim is that the evidence produced by the prosecution was misleading and false.
In his most recent comment on the subject, “The Scotsman” reported on 7 July 2007 that the United Nations observer Dr. Hans Köchler has written to Mr. Salmond and Jacqui Smith, the Home Secretary of Scotland, calling for experts from countries not involved in the case to investigate the way the investigation was conducted by UK and US authorities.
In his letter, Dr. Köchler called for a full and independent public inquiry of the Lockerbie case and its handling by the Scottish judiciary as well as the British and US political and intelligence establishments.
He also called for the SCCRC’s full report to be made public. Although he was included in talks regarding prisoner exchange between Libya and Britain, Al-Megarhi has refused to leave his prison in Scotland until his innocence was proven.
According to Jim Swire, spokesman for the UK Family Group, whose daughter was among the victims of the Lockerbie tragedy, stated that the families of the UK victims agreed that Al-Megarhi should be released for compassionate reasons whatever the outcome of SCCRC hearing.
Even though they might not all be convinced of his innocence, they saw no reason to keep a dying man in prison far from his country and family.
Dr.Swire has been to Libya on several occasions and has stated that he is not convinced of the court’s sentencing. He has continued to press the British government for a new investigation. Will justice be served?
Friday, 7 November 2008
Scottish "heavies" on the bail hearing
There is good coverage in both The Herald and The Scotsman of yesterday's interim liberation hearing. Lucy Adams's article in The Herald is entitled "Lockerbie bomber bail ruling deferred" and contains a useful synopsis of the arguments advanced by both the appellant and the Crown.
John Robertson's article in The Scotsman is headlined "'Compelling' case to free dying Megrahi but Crown insists he must remain behind bars" and predicts that the judges will announce their decision in days rather than weeks.
John Robertson's article in The Scotsman is headlined "'Compelling' case to free dying Megrahi but Crown insists he must remain behind bars" and predicts that the judges will announce their decision in days rather than weeks.
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