[This is the headline over an article by me just published on the website of the Scottish Review. It was written in response to a letter that appeared on the site yesterday from retired solicitor Alistair R Brownlie OBE, criticising the Megrahi petition. Other SR readers have written in supporting the petition and their contributions can be accessed on the same web page. My article reads as follows:]
At the end of June 2007, the Scottish Criminal Cases Review Commission (SCCRC) referred Abdelbaset Ali Mohmed al-Megrahi's conviction of the Lockerbie bombing back to the High Court of Justiciary for a further appeal. The case had been under consideration by the SCCRC since September 2003 and its statement of reasons (available only to Megrahi, the Crown and the High Court) extends to more than 800 pages, accompanied by 13 volumes of appendices.
The commission, in the published summary of its findings, indicated there were six grounds on which it had concluded a miscarriage of justice might have occurred. Strangely, only four of these grounds are enumerated in the summary. They are:
• That there was no reasonable basis for the trial court's conclusion that the date of purchase of the clothes which surrounded the bomb was 7 December 1988, the only date on which Megrahi was proved to have been on Malta and so could have purchased them. The finding that he was the purchaser was 'important to the verdict against him'.
• That evidence not heard at the trial about the date on which Christmas lights were switched on in Malta further undermined the trial court's conclusion that the date of purchase was as late as 7 December.
• That evidence was not made available to the defence that four days before the shopkeeper made a tentative identification of Megrahi at an ID parade he had seen a magazine article containing a photograph of Megrahi, linking him to the bombing.
• That other evidence which undermined the shopkeeper's identification of Megrahi and the finding as to the date of purchase was not made available to the defence.
The reasons given by the commission for finding that a miscarriage of justice may have occurred in this case are not limited to the effect of new evidence (such as the payment to a key prosecution witness of $2m) which has become available since the date of the original trial and the non-disclosure by the police and prosecution of evidence helpful to the defence.
The prima facie miscarriage of justice identified by the commission includes the trial court's finding in fact on the evidence heard at the trial that the clothes which surrounded the bomb were purchased in Malta on 7 December 1988 and that Megrahi was the purchaser. This was the cornerstone of the Crown's case against him. If, as suggested, that finding had no reasonable basis in the evidence, then there is no legal justification for his conviction.
I have always contended that no reasonable tribunal could have convicted Megrahi on the evidence led. Here is one example of the trial court's idiosyncratic approach to the evidence. Many more could be provided.
A vitally important issue was the date on which the goods that surrounded the bomb were purchased in Malta. There were only two live possibilities: 7 December 1988, a date when Megrahi was proved to be on Malta, and 23 November 1988, when he was not. In an attempt to establish just which of these dates was correct, the weather conditions in Sliema on those two days were explored.
Shopkeeper Tony Gauci's evidence was that when the purchaser left his shop it was beginning to rain heavily enough for his customer to think it advisable to buy an umbrella to protect himself while he went in search of a taxi. The unchallenged meteorological evidence led by the defence established that, while it had rained on 23 November at the relevant time, it was unlikely to have rained at all on 7 December and, if there had been any rain, it would have been at most a few drops, insufficient to wet the ground. On this material, the judges found in fact that the clothes were purchased on 7 December.
On evidence as weak as this, how was it possible for the trial court to find him guilty? And how was it possible for the appeal court in 2002 to fail to overturn the conviction? The Criminal Appeal Court dismissed Megrahi's first appeal on the most technical of technical legal grounds: it did not consider the justifiability of the trial court's factual findings at all. Indeed, it is clear from their interventions during the Crown submissions in the appeal that at least some of the judges were only too well aware of how shaky certain crucial findings were and how contrary to the weight of the evidence.
I contend that at least part of the answer lies in the history of the Scottish legal and judicial system. For centuries courts have accorded a specially privileged status to the Lord Advocate. It has been unquestioningly accepted that, though a political appointee and the UK government's (now the Scottish Executive's) chief Scots law adviser, he (now she) would at all times, in his capacity as head of the prosecution system, act independently, without concern for political considerations, and would always place the public interest in a fair trial above the narrow interest of the prosecution in gaining a conviction.
This vision of the role of the Lord Advocate was reinforced by the fact that, until the Scottish Judicial Appointments Board commenced operations in 2002, all Scottish High Court judges (and lower court judges) were nominated for appointment to the Bench by the Lord Advocate of the day. This meant that, in all criminal proceedings, the presiding judge owed his position to the person (or one of his predecessors in office) who was ultimately responsible for bringing the case before him, and for its conduct while in his court.
I believe that, subconsciously at least, the judges were reluctant to reach a verdict acquitting both accused because of the humiliation that this would entail for the office of Lord Advocate in the most high profile prosecution ever brought in the Scottish courts.
Megrahi launched an appeal based on the SCCRC findings, but abandoned it in 2009 in order to maximise his prospects of repatriation to Libya when terminal metastatic prostate cancer was diagnosed. But the concerns regarding the propriety of his conviction raised by the SCCRC and others have not disappeared.
Lord Denning tarnished his reputation by expressing the view that an alleged miscarriage of justice should not be investigated because it might undermine confidence in the English criminal justice and judicial systems. It is sad to see Alistair Brownlie appearing to take the same stance in Scotland.
Thursday, 21 October 2010
Wednesday, 20 October 2010
Personal statements from members of JFM Committee on importance of petition
[Scottish lawyers' magazine The Firm today publishes a long article, prepared by Justice for Megrahi's Robert Forrester, which includes statements from Ian Hamilton QC and from JFM committee members Jim Swire, Iain McKie and Robert Black. Mr McKie's statement reads as follows:]
The Police Officer
I have had some interesting discussions with family members and friends who understandably feel, not knowing the full background, that they cannot fault the Megrahi conviction. It is very hard for them to accept that cover-up and corruption might be integral to the police investigation and eventual conviction. Others suffer from ‘Lockerbie fatigue’ and feel that the cost of an inquiry with cutbacks in the offing is a step too far.
As an ex-police officer this has also been hard for me to cope with and it has taken years of enquiry, (and the suffering of my daughter Shirley Mckie), to satisfy myself that from beginning to end the whole affair was overshadowed by incompetence and political and other interests intent on ensuring that the truth was never known. My answer to the doubters is, I suppose, it is a question of how highly we value justice? For me one resolvable injustice is the mark of a country in decline. I continue to believe that if, as a society, we accept injustice on the Lockerbie scale then we had better all watch our backs.
My involvement with the JFM committee is driven by a need to know that the investigative and prosecution process that led our judges to their conclusion that Mr. Megrahi was guilty of destroying the lives of 270 victims and their families was right and just. No, the UK and American governments will not want this and will do everything but co-operate but I firmly believe that a Scottish based inquiry will satisfy my hopes and aspirations for our Scottish justice system.
The Police Officer
I have had some interesting discussions with family members and friends who understandably feel, not knowing the full background, that they cannot fault the Megrahi conviction. It is very hard for them to accept that cover-up and corruption might be integral to the police investigation and eventual conviction. Others suffer from ‘Lockerbie fatigue’ and feel that the cost of an inquiry with cutbacks in the offing is a step too far.
As an ex-police officer this has also been hard for me to cope with and it has taken years of enquiry, (and the suffering of my daughter Shirley Mckie), to satisfy myself that from beginning to end the whole affair was overshadowed by incompetence and political and other interests intent on ensuring that the truth was never known. My answer to the doubters is, I suppose, it is a question of how highly we value justice? For me one resolvable injustice is the mark of a country in decline. I continue to believe that if, as a society, we accept injustice on the Lockerbie scale then we had better all watch our backs.
My involvement with the JFM committee is driven by a need to know that the investigative and prosecution process that led our judges to their conclusion that Mr. Megrahi was guilty of destroying the lives of 270 victims and their families was right and just. No, the UK and American governments will not want this and will do everything but co-operate but I firmly believe that a Scottish based inquiry will satisfy my hopes and aspirations for our Scottish justice system.
1,200 back call for Megrahi inquiry
[This is the headline over a report in The Scotsman. It reads in part:]
More than 1,200 people have backed the call for an independent inquiry into the conviction of the Lockerbie bomber. (...)
One year after the Libyan's release on compassionate grounds, campaigners launched the new attempt to secure an inquiry, an online campaign which attracted 1,245 signatories in ten days.
The appeal is being led by pressure group Justice For Megrahi, which involves Dr Jim Swire, whose daughter Flora was killed in the Pan Am bombing.
He said the case has been "corrosive and deeply damaging" to the Scottish justice system and called on the government to open an inquiry.
Mr Swire added: "Only is such a manner can Scotland demonstrate that it is making a sincere attempt to resolve this highly contentious issue." (...)
The petition, lodged on October 8, can be accessed through the Scottish Parliament's website and closes on Thursday next week.
[The signature total now stands at 1325.]
More than 1,200 people have backed the call for an independent inquiry into the conviction of the Lockerbie bomber. (...)
One year after the Libyan's release on compassionate grounds, campaigners launched the new attempt to secure an inquiry, an online campaign which attracted 1,245 signatories in ten days.
The appeal is being led by pressure group Justice For Megrahi, which involves Dr Jim Swire, whose daughter Flora was killed in the Pan Am bombing.
He said the case has been "corrosive and deeply damaging" to the Scottish justice system and called on the government to open an inquiry.
Mr Swire added: "Only is such a manner can Scotland demonstrate that it is making a sincere attempt to resolve this highly contentious issue." (...)
The petition, lodged on October 8, can be accessed through the Scottish Parliament's website and closes on Thursday next week.
[The signature total now stands at 1325.]
Tuesday, 19 October 2010
Over 1,000 sign Lockerbie petition
[This is the headline over a Press Association news agency report just published on the website of the Selkirk Weekend Advertiser. It reads in part:]
More than 1,200 people have backed an independent inquiry into the conviction of the Lockerbie bomber, campaigners have revealed.
A petition was lodged at the Scottish Parliament urging ministers to look again at the 2001 trial, which saw Abdelbaset Ali Mohmed Al Megrahi become the only man to be found guilty of the 1988 terror attack.
One year after the Libyan's release on compassionate grounds, campaigners launched the new attempt to secure an inquiry, attracting 1,245 signatories in 10 days.
The appeal is being led by pressure group Justice For Megrahi, which involves Dr Jim Swire, whose daughter Flora was killed in the Pan Am bombing.
He said the case has been "corrosive and deeply damaging" to the Scottish justice system and called on the Government to open an inquiry.
Mr Swire added: "Only in such a manner can Scotland demonstrate that it is making a sincere attempt to resolve this highly contentious issue."
Professor Robert Black QC, who has been described as the "architect" of the Kamp van Zeist trial, also leant his name to the campaign. He has hit out on the "weak" quality of evidence which placed Megrahi in Malta, linking him to the bombing later over Scotland.
Prof Black said: "I have always contended that no reasonable tribunal could have convicted Megrahi on the evidence led."
The petition, lodged on October 8, can be accessed through the Scottish Parliament's website and closes on Thursday next week.
More than 1,200 people have backed an independent inquiry into the conviction of the Lockerbie bomber, campaigners have revealed.
A petition was lodged at the Scottish Parliament urging ministers to look again at the 2001 trial, which saw Abdelbaset Ali Mohmed Al Megrahi become the only man to be found guilty of the 1988 terror attack.
One year after the Libyan's release on compassionate grounds, campaigners launched the new attempt to secure an inquiry, attracting 1,245 signatories in 10 days.
The appeal is being led by pressure group Justice For Megrahi, which involves Dr Jim Swire, whose daughter Flora was killed in the Pan Am bombing.
He said the case has been "corrosive and deeply damaging" to the Scottish justice system and called on the Government to open an inquiry.
Mr Swire added: "Only in such a manner can Scotland demonstrate that it is making a sincere attempt to resolve this highly contentious issue."
Professor Robert Black QC, who has been described as the "architect" of the Kamp van Zeist trial, also leant his name to the campaign. He has hit out on the "weak" quality of evidence which placed Megrahi in Malta, linking him to the bombing later over Scotland.
Prof Black said: "I have always contended that no reasonable tribunal could have convicted Megrahi on the evidence led."
The petition, lodged on October 8, can be accessed through the Scottish Parliament's website and closes on Thursday next week.
Monday, 18 October 2010
Petition push for independent inquiry to get at the truth of the bombing of Pan Am flight 103
[This is the heading over a letter by Ruth Marr in today's edition of The Herald. It reads as follows:]
Hillary Clinton’s meddling in UK defence spending made it all the more refreshing to hear Kenny MacAskill declare that he is accountable only to the Holyrood Parliament (Salmond hits back at Senate on Megrahi “misinformation”, The Herald, October 16). Mr MacAskill deserves respect for standing firm throughout the Megrahi affair, upholding the principles of Scots law, and refusing to be bullied by the “might is right” pressure from the United States.
The parliament is a great example which many around the world would benefit from emulating. One of its strengths is its public petitions process, available to individuals and groups who wish to petition parliament. One has been opened by the group Justice For Megrahi, which includes Professor Robert Black, Desmond Tutu, Dr Jim Swire and other British Lockerbie relatives, lawyers, diplomats and aviation security experts. It calls on the parliament to urge the Scottish Government to open an independent inquiry into the conviction of Mr Megrahi for the bombing of Pan Am flight 103.
It is available for signing until October 28 by anyone – resident in Scotland or not. It can also be signed by text, and I would urge all concerned about what many consider a miscarriage of justice to access the petition via the Scottish Parliament’s website.
The victims’ families, including the Megrahis, need to know the facts about this most terrible tragedy, and they deserve the support of all who care about justice.
Hillary Clinton’s meddling in UK defence spending made it all the more refreshing to hear Kenny MacAskill declare that he is accountable only to the Holyrood Parliament (Salmond hits back at Senate on Megrahi “misinformation”, The Herald, October 16). Mr MacAskill deserves respect for standing firm throughout the Megrahi affair, upholding the principles of Scots law, and refusing to be bullied by the “might is right” pressure from the United States.
The parliament is a great example which many around the world would benefit from emulating. One of its strengths is its public petitions process, available to individuals and groups who wish to petition parliament. One has been opened by the group Justice For Megrahi, which includes Professor Robert Black, Desmond Tutu, Dr Jim Swire and other British Lockerbie relatives, lawyers, diplomats and aviation security experts. It calls on the parliament to urge the Scottish Government to open an independent inquiry into the conviction of Mr Megrahi for the bombing of Pan Am flight 103.
It is available for signing until October 28 by anyone – resident in Scotland or not. It can also be signed by text, and I would urge all concerned about what many consider a miscarriage of justice to access the petition via the Scottish Parliament’s website.
The victims’ families, including the Megrahis, need to know the facts about this most terrible tragedy, and they deserve the support of all who care about justice.
Sunday, 17 October 2010
Alex Salmond and the Megrahi release
Uncharacteristically, it seemed that Mr Salmond had disappeared from view for much of the year. For a while, too, it looked like he and his justice minister, Kenny MacAskill, would be engulfed in the fall-out from the discovery by Abdelbasat al-Megrahi that the privations of the Libyan desert nevertheless appear more conducive to life than a west of Scotland prison cell.
Yet it was to be this very issue and the clumsy posturing of American senators following the BP oil spill in the Gulf of Mexico that handed Mr Salmond the opportunity to rediscover his political mojo. The first minister imperiously rebutted the senators' claims that the Scottish government had concluded a deal with BP by permitting the early release of al-Megrahi. In a series of coruscating and judiciously leaked letters, he exposed the Americans' ignorance of the issue. Having been soundly thrashed by George Galloway a few years ago, they ought to have hesitated before deciding to engage with another truculent and articulate Scottish bauchle.
Mr Salmond may not yet have reached the status of international statesman, but at times such as this he certainly looks the part. Thus the opposition were reminded that he remains our most formidable political belligerent heading into an election year.
[From an article by Kevin McKenna in today's edition of The Observer.]
Yet it was to be this very issue and the clumsy posturing of American senators following the BP oil spill in the Gulf of Mexico that handed Mr Salmond the opportunity to rediscover his political mojo. The first minister imperiously rebutted the senators' claims that the Scottish government had concluded a deal with BP by permitting the early release of al-Megrahi. In a series of coruscating and judiciously leaked letters, he exposed the Americans' ignorance of the issue. Having been soundly thrashed by George Galloway a few years ago, they ought to have hesitated before deciding to engage with another truculent and articulate Scottish bauchle.
Mr Salmond may not yet have reached the status of international statesman, but at times such as this he certainly looks the part. Thus the opposition were reminded that he remains our most formidable political belligerent heading into an election year.
[From an article by Kevin McKenna in today's edition of The Observer.]
Megrahi dossier pledge
[What follow are excerpts from an article on page 17 of today's edition of The Sunday Post. It does not feature on the newspaper's website unless, perhaps, you are a subscriber, which I am not.]
The Lockerbie bomber is to pass a shattering dossier of evidence to campaigners fighting to clear his name.
Dr Jim Swire ... has revealed Abdelbaset al-Megrahi has pledged to give him a folder of information the Libyan claims will crush his conviction.
Dr Swire believes Megrahi ... made the promise because he feels guilty about letting down relatives who want answers about the case.
The campaigner says Megrahi regrets denying them the chance to hear evidence of a potential miscarriage of justice when he dropped his appeal before he was freed on compassionate grounds last year.
Megrahi made the pledge last month as Dr Swire sat by his hospital bed in Libya.
Now Dr Swire hopes the dossier will boost his plans to re-launch Megrahi's appeal after his death.
Dr Swire ... said, "He promised that there is a folder, which he thinks would destroy the verdict once and forever, which will be made available to me at a later date.
"I didn't like to firm it up with him and he didn't say so in so many words, but I think he meant that when he dies this folder will be passed to me. (...)"
Dr Swire says he didn't know why Megrahi had decided to drop his appeal but he detected he was in anguish over the move.
He said, "Talking as two men who'd met before and had a common cause, I got the vibe that he felt guilty.
"Not about having caused Lockerbie -- he denies that as resolutely as ever. What he was feeling guilty about was having withdrawn his appeal.
"I think telling me that there was a folder waiting for me one day was his way of soothing his conscience because he knew very well that the withdrawal was a blow to people like me who are seeking the truth."
Dr Swire has previously said he's been given legal advice indicating it would be possible for him to lead an appeal over Megrahi's conviction after his death.
He said, "If we're granted permission to restart the appeal we'd want as much information as possible, including whatever it is that Baset has got squirreled away to give to me."
Dr Swire's revelations come as he and other campaigners in the group Justice for Megrahi launched a petition at the Scottish Parliament, calling for an independent inquiry into Lockerbie.
The group includes Lockerbie relatives, Archbishop Desmond Tutu, TV journalist Kate Adie, retired politician Tam Dalyell and Professor Robert Black (...)
Dr Swire said, "We have over 1000 signatures after a week but we need more people to sign before the deadline of October 28."
The Lockerbie bomber is to pass a shattering dossier of evidence to campaigners fighting to clear his name.
Dr Jim Swire ... has revealed Abdelbaset al-Megrahi has pledged to give him a folder of information the Libyan claims will crush his conviction.
Dr Swire believes Megrahi ... made the promise because he feels guilty about letting down relatives who want answers about the case.
The campaigner says Megrahi regrets denying them the chance to hear evidence of a potential miscarriage of justice when he dropped his appeal before he was freed on compassionate grounds last year.
Megrahi made the pledge last month as Dr Swire sat by his hospital bed in Libya.
Now Dr Swire hopes the dossier will boost his plans to re-launch Megrahi's appeal after his death.
Dr Swire ... said, "He promised that there is a folder, which he thinks would destroy the verdict once and forever, which will be made available to me at a later date.
"I didn't like to firm it up with him and he didn't say so in so many words, but I think he meant that when he dies this folder will be passed to me. (...)"
Dr Swire says he didn't know why Megrahi had decided to drop his appeal but he detected he was in anguish over the move.
He said, "Talking as two men who'd met before and had a common cause, I got the vibe that he felt guilty.
"Not about having caused Lockerbie -- he denies that as resolutely as ever. What he was feeling guilty about was having withdrawn his appeal.
"I think telling me that there was a folder waiting for me one day was his way of soothing his conscience because he knew very well that the withdrawal was a blow to people like me who are seeking the truth."
Dr Swire has previously said he's been given legal advice indicating it would be possible for him to lead an appeal over Megrahi's conviction after his death.
He said, "If we're granted permission to restart the appeal we'd want as much information as possible, including whatever it is that Baset has got squirreled away to give to me."
Dr Swire's revelations come as he and other campaigners in the group Justice for Megrahi launched a petition at the Scottish Parliament, calling for an independent inquiry into Lockerbie.
The group includes Lockerbie relatives, Archbishop Desmond Tutu, TV journalist Kate Adie, retired politician Tam Dalyell and Professor Robert Black (...)
Dr Swire said, "We have over 1000 signatures after a week but we need more people to sign before the deadline of October 28."
Hundreds sign petition seeking inquiry into Lockerbie bomber conviction
[This is the headline over an article in today's edition of Scotland on Sunday. It reads as follows:]
A petition urging ministers to hold an independent inquiry into the conviction of the Lockerbie bomber has been signed by almost 1,000 people in its first week.
Campaigners launched the petition, calling on MSPs to put pressure on the Scottish Government to re-examine the evidence presented at the 2001 trial of Abdelbaset Ali al Megrahi at Camp Zeist in the Netherlands. Since then, hundreds of signatories have come forward including award-winning novelists AL Kennedy, James Robertson, and Aonghas MacNeacail and senior figures within the legal community, such as Len Murray ... Ian Hamilton QC, most famous for stealing the Stone of Destiny from Westminster Abbey, and Hector MacQueen, the Scots law professor and a vice-president of the Royal Society of Edinburgh.
Notable signatories from outwith Scotland include Benedict Birnberg, the retired human rights solicitor who acted for Virgin tycoon Richard Branson and Ian Brady, the Moors murderer, among others, during his 40-year career.
The petition has also been signed by about 100 people from Malta, where the bomb which caused the explosion of Pan Am Flight 103, claiming 270 lives, was said to have been smuggled on board.
Some long-term Lockerbie campaigners, including Dr Jim Swire, whose daughter Flora was killed in the mid-air explosion, believe that Megrahi, the only man convicted of playing a part in the atrocity and who was released from prison on compassionate grounds last year, is innocent. Robertson, a former Booker longlist nominee, whose latest novel, And The Land Stood Still, was published this month, said he had felt strongly about the Lockerbie issue for several years, but had only become "actively engaged" over the last year.
"When Megrahi was released the political shenanigans detracted attention from the important issue: the safety of the verdict at the Camp Zeist trial," he said.
"If you look at the original trial it seems the evidence on which Megrahi was convicted was very slight, in my view. Since then we've learned a lot more, but it hasn't been dealt with by the courts."
Robertson said he has taken a stand because he fears that when Megrahi dies, the truth will never be told. "It is crucial for the relatives because they feel, 22 years after the event, that they still don't know what happened and who was responsible," he said.
"There is also a stain on the Scottish justice system, as this does not look or feel right. As long as the answers are not addressed this stain will not be removed."
The petition was raised by the Justice for Megrahi campaign group, which includes Swire and Professor Robert Black QC, widely credited with coming up with the framework for Megrahi's unique trial, which was held in a foreign jurisdiction but under Scots law.
Dr Swire, who has long been convinced that Megrahi is innocent, said yesterday he was pleased with the response to date.
"No Scottish lawyer I know of believes in the integrity of the verdict. All it takes for this situation to continue is for good men to do nothing so I would urge people to sign the petition now."
A petition urging ministers to hold an independent inquiry into the conviction of the Lockerbie bomber has been signed by almost 1,000 people in its first week.
Campaigners launched the petition, calling on MSPs to put pressure on the Scottish Government to re-examine the evidence presented at the 2001 trial of Abdelbaset Ali al Megrahi at Camp Zeist in the Netherlands. Since then, hundreds of signatories have come forward including award-winning novelists AL Kennedy, James Robertson, and Aonghas MacNeacail and senior figures within the legal community, such as Len Murray ... Ian Hamilton QC, most famous for stealing the Stone of Destiny from Westminster Abbey, and Hector MacQueen, the Scots law professor and a vice-president of the Royal Society of Edinburgh.
Notable signatories from outwith Scotland include Benedict Birnberg, the retired human rights solicitor who acted for Virgin tycoon Richard Branson and Ian Brady, the Moors murderer, among others, during his 40-year career.
The petition has also been signed by about 100 people from Malta, where the bomb which caused the explosion of Pan Am Flight 103, claiming 270 lives, was said to have been smuggled on board.
Some long-term Lockerbie campaigners, including Dr Jim Swire, whose daughter Flora was killed in the mid-air explosion, believe that Megrahi, the only man convicted of playing a part in the atrocity and who was released from prison on compassionate grounds last year, is innocent. Robertson, a former Booker longlist nominee, whose latest novel, And The Land Stood Still, was published this month, said he had felt strongly about the Lockerbie issue for several years, but had only become "actively engaged" over the last year.
"When Megrahi was released the political shenanigans detracted attention from the important issue: the safety of the verdict at the Camp Zeist trial," he said.
"If you look at the original trial it seems the evidence on which Megrahi was convicted was very slight, in my view. Since then we've learned a lot more, but it hasn't been dealt with by the courts."
Robertson said he has taken a stand because he fears that when Megrahi dies, the truth will never be told. "It is crucial for the relatives because they feel, 22 years after the event, that they still don't know what happened and who was responsible," he said.
"There is also a stain on the Scottish justice system, as this does not look or feel right. As long as the answers are not addressed this stain will not be removed."
The petition was raised by the Justice for Megrahi campaign group, which includes Swire and Professor Robert Black QC, widely credited with coming up with the framework for Megrahi's unique trial, which was held in a foreign jurisdiction but under Scots law.
Dr Swire, who has long been convinced that Megrahi is innocent, said yesterday he was pleased with the response to date.
"No Scottish lawyer I know of believes in the integrity of the verdict. All it takes for this situation to continue is for good men to do nothing so I would urge people to sign the petition now."
Saturday, 16 October 2010
Salmond hits back at Senate on Megrahi 'misinformation'
[This is the headline over a report in today's edition of The Herald. It reads in part:]
Alex Salmond told John Kerry, chairman of the US Senate’s Foreign Relations Committee, that despite attempts by the Scottish Government to set the record straight, “misinformation” was still given to the hearing looking into the circumstances surrounding the release of Abdelbaset Ali Mohmed Al Megrahi.
While not participating in the hearing, the Scottish Government moved behind the scenes to deny allegations Megrahi had been on chemotherapy in Scotland and that his prognosis was made by a primary care physician who did not have the expertise to determine how advanced his prostate cancer was.
But the claims were still put to the Senate Foreign Relations Committee hearing and medical experts speaking at the Senate forum accepted he was undergoing chemotherapy and argued that would never have justified a three-month prognosis.
Mr Salmond said a letter intended to “set the record straight” had been passed to Senator Robert Menendez before he led the hearing.
It explained that Megrahi was not on chemotherapy while on Scottish soil and that the Libyan’s prognosis came from “the most senior health professional in the Scottish Prison Service”, its director of health and care, Dr Andrew Fraser.
Mr Salmond said: “It was therefore with intense disappointment that I noted that the same misinformation was presented to the hearing, unsupported by any evidence whatsoever, and no reference was made to the correction provided well in advance by the Scottish Government.
“The Scottish Government has made every effort to provide members of the US Senate and their staff with information to assist their understanding of the matter, and it is extremely unfortunate that the concerns that I expressed in my letter of September 10, 2010 ... about the prospects for a credible and impartial investigation, have been realised.
“I should therefore be grateful if you would investigate, as a matter of urgency, how the committee came to be misled in this manner at its hearing.”
Alex Salmond told John Kerry, chairman of the US Senate’s Foreign Relations Committee, that despite attempts by the Scottish Government to set the record straight, “misinformation” was still given to the hearing looking into the circumstances surrounding the release of Abdelbaset Ali Mohmed Al Megrahi.
While not participating in the hearing, the Scottish Government moved behind the scenes to deny allegations Megrahi had been on chemotherapy in Scotland and that his prognosis was made by a primary care physician who did not have the expertise to determine how advanced his prostate cancer was.
But the claims were still put to the Senate Foreign Relations Committee hearing and medical experts speaking at the Senate forum accepted he was undergoing chemotherapy and argued that would never have justified a three-month prognosis.
Mr Salmond said a letter intended to “set the record straight” had been passed to Senator Robert Menendez before he led the hearing.
It explained that Megrahi was not on chemotherapy while on Scottish soil and that the Libyan’s prognosis came from “the most senior health professional in the Scottish Prison Service”, its director of health and care, Dr Andrew Fraser.
Mr Salmond said: “It was therefore with intense disappointment that I noted that the same misinformation was presented to the hearing, unsupported by any evidence whatsoever, and no reference was made to the correction provided well in advance by the Scottish Government.
“The Scottish Government has made every effort to provide members of the US Senate and their staff with information to assist their understanding of the matter, and it is extremely unfortunate that the concerns that I expressed in my letter of September 10, 2010 ... about the prospects for a credible and impartial investigation, have been realised.
“I should therefore be grateful if you would investigate, as a matter of urgency, how the committee came to be misled in this manner at its hearing.”
MacAskill blast at US
[This is the headline over a report in today's Scottish edition of the The Sun. It reads in part:]
Justice Secretary Kenny MacAskill yesterday defended his record over his decision to release the Lockerbie bomber.
He told delegates at the SNP party conference he had "upheld the laws and followed the values of Scotland".
And he sparked huge applause when he hit out at US senators who tried to order him to Washington to face a grilling over the compassionate release of Abdelbaset Ali al-Megrahi.
Mr MacAskill said it was a "great privilege" to be a member of the Scottish Parliament.
He added: "It is to that institution that I am answerable. To no other, irrespective of their status. Scotland's not the biggest country, but it's our homeland and we are proud of it."
[A snippet in The Scotsman reads as follows:]
The Kailyard Cup for the couthiest contribution to conference yet again goes to Kenny MacAskill. The old Scots saying "If ye fly wi the craws, yi get shot wi the craws" was how he summarised legislation cracking down on lawyers and accountants who turn a blind eye to crime.
Kenny added his own wee gem: "We've not got the best fitba' team in the world but they're oor team and we're proud of them. Scotland's not the biggest country in the world, but it's oor ain hameland and we're all proud of it."
Justice Secretary Kenny MacAskill yesterday defended his record over his decision to release the Lockerbie bomber.
He told delegates at the SNP party conference he had "upheld the laws and followed the values of Scotland".
And he sparked huge applause when he hit out at US senators who tried to order him to Washington to face a grilling over the compassionate release of Abdelbaset Ali al-Megrahi.
Mr MacAskill said it was a "great privilege" to be a member of the Scottish Parliament.
He added: "It is to that institution that I am answerable. To no other, irrespective of their status. Scotland's not the biggest country, but it's our homeland and we are proud of it."
[A snippet in The Scotsman reads as follows:]
The Kailyard Cup for the couthiest contribution to conference yet again goes to Kenny MacAskill. The old Scots saying "If ye fly wi the craws, yi get shot wi the craws" was how he summarised legislation cracking down on lawyers and accountants who turn a blind eye to crime.
Kenny added his own wee gem: "We've not got the best fitba' team in the world but they're oor team and we're proud of them. Scotland's not the biggest country in the world, but it's oor ain hameland and we're all proud of it."
Two standing-room-only showings of Lockerbie Revisited
Such was the interest in Gideon Levy's Lockerbie Revisited documentary at a Scottish National Party conference fringe event in Perth yesterday evening that a second showing of the film had to be hurriedly arranged. The event was sponsored by Christine Grahame MSP. Questions from the audience were answered by Ms Grahame, Dr Jim Swire and me.
The film can be viewed here. In this version (though not that shown in Perth) the commentary is in Dutch, though all of the interviews, of which the film mainly consists, are in English.
The film can be viewed here. In this version (though not that shown in Perth) the commentary is in Dutch, though all of the interviews, of which the film mainly consists, are in English.
Thursday, 14 October 2010
Weel-kent names on Megrahi petition signature list
Among the well-known names that appear on the list of signatories of the Megrahi petition are: Benedict Birnberg, William Gillies, Ian Hamilton QC, AL Kennedy, Hector MacQueen, Aonghas MacNeacail, Stephen Maxwell, Marcello Mega, Len Murray, Tessa Ransford, James Robertson, Kenneth Roy, John Scott, and Jock Thomson QC. There is also a Libyan signatory whose name appears as Khaled Elmegarhi. I believe this to be Abdelbaset al-Megrahi's eldest son.
At around 10am tomorrow, the e-petition will have been online for one week. In spite of almost complete silence from the mainstream media, it should by then have gathered in the region of one thousand signatures. It remains open for signature until 28 October.
At around 10am tomorrow, the e-petition will have been online for one week. In spite of almost complete silence from the mainstream media, it should by then have gathered in the region of one thousand signatures. It remains open for signature until 28 October.
Wednesday, 13 October 2010
Justice system "available to manipulation"
[This is the heading over a news item on the website of Scottish lawyers' magazine The Firm. It reprises the views expressed by Dr Jim Swire in the article published in today's P & J, and continues as follows:]
Solicitor Eddie Mackechnie, who represented acquitted co-accused Lamin Khalifa Fhimah, told The Firm that the US intelligence services assured the Scots prosecution authorities before the trial that they possessed a "star witness" who could identify the two accused and place them at the centre of the events. Crucially, the key material was redacted and not disclosed until the trial proceedings were underway.
The testimony of that witness, Abdul Majid Giaka, was dismissed from consideration by the three judge bench, who noted in the verdict that he was salaried monthly by the CIA.
"We are unable to accept Abdul Majid as a credible and reliable witness on any matter," they said.
UN special observer Hans Koechler also criticised the interference of intelligence services in the trial and appeal proceedings.
Solicitor Eddie Mackechnie, who represented acquitted co-accused Lamin Khalifa Fhimah, told The Firm that the US intelligence services assured the Scots prosecution authorities before the trial that they possessed a "star witness" who could identify the two accused and place them at the centre of the events. Crucially, the key material was redacted and not disclosed until the trial proceedings were underway.
The testimony of that witness, Abdul Majid Giaka, was dismissed from consideration by the three judge bench, who noted in the verdict that he was salaried monthly by the CIA.
"We are unable to accept Abdul Majid as a credible and reliable witness on any matter," they said.
UN special observer Hans Koechler also criticised the interference of intelligence services in the trial and appeal proceedings.
Fresh inquiry call into Lockerbie bomber’s conviction
[This is the headline over a report in today's edition of The Press and Journal, a daily newspaper circulating mainly in the North-East of Scotland. It reads in part:]
Justice for Megrahi group says verdict ‘fatally flawed’ and calls for ministers to re-examine trial evidence
The Scottish Government has been urged to launch an independent inquiry into the conviction of the Lockerbie bomber.
Campaigners have called on MSPs to put pressure on SNP ministers to re-examine the evidence presented at the trial of Abdelbaset Ali Mohmed al Megrahi at Camp Zeist in the Netherlands in 2001.
A group called Justice for Megrahi claims the verdict was “fatally flawed” and says a fresh probe is needed to establish who was really responsible for the atrocity.
Group member Dr Jim Swire said the Scottish Criminal Cases Review Commission had concluded that the Libyan’s trial may have been a miscarriage of justice.
The campaigner, whose 24-year-old daughter Flora was one of 270 people who died when Pan Am Flight 103 blew up and crashed into Lockerbie in 1988, said the verdict had damaged the reputation of Scotland’s justice system. (...)
Mr Swire said the group had lodged a petition at Holyrood calling for action because the UK and Scottish governments had been playing a “macabre game of ping-pong” over who was responsible for addressing claims Megrahi was wrongly convicted.
Mr Swire, who visited Mr Megrahi in Libya last month, said: “Almost everyone who has looked at the evidence has come to the conclusion it was fatally flawed.
“Megrahi was allowed to start a second appeal but when he saw a chance to get home to his family to die he decided to withdraw it.
“I understand why he did it, but it has left Scotland in a very difficult position.
“The justice system is regarded with scorn in many countries because there is a view that it is available to manipulation. We should be demanding this verdict is reviewed so we can start to recover the reputation of the justice system.”
The Scottish Government said it did not doubt the safety of Megrahi’s conviction but understood that others did.
A spokesman said ministers would be happy to co-operate fully with any inquiry but they were not in a position to order a probe because several countries had an interest.
“The questions to be asked and answered in any such inquiry would be beyond the jurisdiction of Scots Law and the remit of the government,” he said. “Such an inquiry would therefore need to be initiated by those with the required power and authority to deal with an issue, international in its nature.”
Holyrood’s public petitions committee is expected to discuss the issue next month.
[The petition remains open for signature until 28 October.]
Justice for Megrahi group says verdict ‘fatally flawed’ and calls for ministers to re-examine trial evidence
The Scottish Government has been urged to launch an independent inquiry into the conviction of the Lockerbie bomber.
Campaigners have called on MSPs to put pressure on SNP ministers to re-examine the evidence presented at the trial of Abdelbaset Ali Mohmed al Megrahi at Camp Zeist in the Netherlands in 2001.
A group called Justice for Megrahi claims the verdict was “fatally flawed” and says a fresh probe is needed to establish who was really responsible for the atrocity.
Group member Dr Jim Swire said the Scottish Criminal Cases Review Commission had concluded that the Libyan’s trial may have been a miscarriage of justice.
The campaigner, whose 24-year-old daughter Flora was one of 270 people who died when Pan Am Flight 103 blew up and crashed into Lockerbie in 1988, said the verdict had damaged the reputation of Scotland’s justice system. (...)
Mr Swire said the group had lodged a petition at Holyrood calling for action because the UK and Scottish governments had been playing a “macabre game of ping-pong” over who was responsible for addressing claims Megrahi was wrongly convicted.
Mr Swire, who visited Mr Megrahi in Libya last month, said: “Almost everyone who has looked at the evidence has come to the conclusion it was fatally flawed.
“Megrahi was allowed to start a second appeal but when he saw a chance to get home to his family to die he decided to withdraw it.
“I understand why he did it, but it has left Scotland in a very difficult position.
“The justice system is regarded with scorn in many countries because there is a view that it is available to manipulation. We should be demanding this verdict is reviewed so we can start to recover the reputation of the justice system.”
The Scottish Government said it did not doubt the safety of Megrahi’s conviction but understood that others did.
A spokesman said ministers would be happy to co-operate fully with any inquiry but they were not in a position to order a probe because several countries had an interest.
“The questions to be asked and answered in any such inquiry would be beyond the jurisdiction of Scots Law and the remit of the government,” he said. “Such an inquiry would therefore need to be initiated by those with the required power and authority to deal with an issue, international in its nature.”
Holyrood’s public petitions committee is expected to discuss the issue next month.
[The petition remains open for signature until 28 October.]
It's no joke
[This is the heading over a letter from Tom Minogue in today's edition of The Scotsman. It reads as follows:]
Andy Parsons' show on BBC2 last Sunday night was hilarious. He had the audience rolling in the aisles as he drily dissected the quirks of British life: bankers, the teaching profession, politicians, the environment and traffic wardens, they all got it in the neck.
There was also a gag about the possibility the Lockerbie bomber was innocent, because, said Andy, the chief prosecution witness was paid $2 million by the FBI to testify, was then shown a photo of the suspect Megrahi, and was able to identify him at an identity parade in order to collect his millions.
This, said Andy, "was not justice, but more like a high-stakes version of the board game Guess Who?" Oh, how we laughed. But hold on: this was not scripted comedy material, this was fact.
So the Lockerbie trial, which until very recently took pride of place on the Crown Office website, is now right up there with the mother-in-law, traffic wardens and bankers as material for a stand-up comedian. World famous in a way, I suppose.
Andy Parsons' show on BBC2 last Sunday night was hilarious. He had the audience rolling in the aisles as he drily dissected the quirks of British life: bankers, the teaching profession, politicians, the environment and traffic wardens, they all got it in the neck.
There was also a gag about the possibility the Lockerbie bomber was innocent, because, said Andy, the chief prosecution witness was paid $2 million by the FBI to testify, was then shown a photo of the suspect Megrahi, and was able to identify him at an identity parade in order to collect his millions.
This, said Andy, "was not justice, but more like a high-stakes version of the board game Guess Who?" Oh, how we laughed. But hold on: this was not scripted comedy material, this was fact.
So the Lockerbie trial, which until very recently took pride of place on the Crown Office website, is now right up there with the mother-in-law, traffic wardens and bankers as material for a stand-up comedian. World famous in a way, I suppose.
Subscribe to:
Posts (Atom)