A commentary on the case of Abdelbaset al-Megrahi, convicted of the murder of 270 people in the Pan Am 103 disaster.
Wednesday, 27 October 2010
New closing date for Megrahi petition
In order partially to compensate for the more than five sign-up days lost by the crash of the e-petitions website, the Justice for Megrahi petition will now remain open for signature until 1 November 2010 without losing its place in the Public Petitions Committee's pre-election programme.
Len Murray speaks out in support of Megrahi petition
[Len Murray, one of the most distinguished of Scotland's criminal court solicitors and a signatory of the Justice for Megrahi petition, has authorised me to publish the following statement:]
When I retired I was senior partner in the firm of Levy & McRae. I am a graduate of Glasgow University and I am a member of the Society of Solicitors in the Supreme Courts of Scotland. I specialised in Litigation, both civil and criminal, and in media law. I was appointed the first ever media spokesman for the Law Society of Scotland in the late 60’s and some years later I became legal adviser news and current affairs for ITN and the Independent Television companies in Scotland, namely Scottish Television, Grampian Television and Borders Television.
I was a Justice of the Peace for the then districts of Bearsden and Milngavie and I was Vice-Chairman of the JP Advisory Committee for the district. Our function was to recommend appointments as Justices to the Secretary of State for Scotland.
I served on many of the bodies involved in the conduct and running of my profession, including Glasgow Bar Association, the Royal Faculty of Procurators in Glasgow and the Law Society of Scotland. Indeed, latterly I was Vice-Chairman of the Central Committee of the Law Society. My practice was very extensive and I think I might claim to have been one of the more experienced Court solicitors in the country.
I represented members of the Joint Branch Boards of the Scottish Police Federation in Strathclyde, Lothian & Borders, Tayside and Northen Constabulary in civil, criminal and Police disciplinary matters. This gave me a rather unique insight into the investigation and reporting of crime in Scotland. I also had experience as a Prosecutor, as a Temporary Sheriff and as a Chairman of Employment Tribunals.
I followed the trial as far as it was reported in the press at the time and I well remember thinking that the accused would not be convicted. I was not surprised that Al-Amin Khalifi Fhima was acquitted but equally I was surprised that Abdelbasset Al-Megrahi was.
I have had the benefit of reading Professor Black's lengthy submissions and I agree entirely with what he has written. Personally, I could not understand a number of things about the outcome of the case. Let me illustrate what I mean:
1. I could not and still cannot understand how the Court could hold, on the evidence of Gauci, that Megrahi made the purchase of the clothing. Without Gauci's evidence, which at its height was that Megrahi resembled the purchaser, there was no case.
2. Their finding that the purchase was made on 7 December bordered upon the perverse.
3. Their finding about the unaccompanied baggage fell within the same category.
Let me quote from Dickson on The Law of Evidence at Section 98. In speaking of inferences to be drawn in cases of circumstantial evidence he says: "It is not enough that his guilt [the accused] be a rational and probable inference as well as the most probable of several inferences from the circumstances. It must also be the only rational hypothesis which they will bear."
If that is still the law then how on earth could the Court have drawn so many adverse inferences against the accused when there were other explanations and explanations that were just as likely?
Megrahi was convicted on circumstantial evidence. That is frequently the strongest evidence that a court can hear. It may be likened to a chain - the more strands there are, the stronger is the chain. But just like a chain, if any link is broken, then that is the end of the matter. It seems to me that there were many broken links in that chain of evidnce upon which the Crown relied.
The other aspect relates to the Appeal. With the greatest respect to learned Senior Counsel who conducted the Appeal on behalf of Megrahi, in my respectful opinion two crucial errors were made, namely (i) a concession that there was sufficient evidence to convict; and (ii) a failure to argue s106(3)(b) of the Act. I would have thought that the outstanding ground of appeal was that based upon the Statutory provision to which I have just referred. Had I been the instructing solicitor then those would have been my instructions to Counsel.
It is fairly trite to say that the verdict of the Appeal Court did not "back up" the verdict of the Court of first instance. The appeal was taken on the wrong points and the refusal of the appeal came as little surprise. Had it been taken on the correct grounds then I would have expected a quite different result.
Apart from all these points, it respectfully seems to me that an enquiry is called for to investigate other matters. Was Gauci paid a huge sum of money by the CIA? Why? What was their interest? What was the evidence about the break in at Heathrow? To whom was that known? Why was that withheld from the defence and on whose instructions? The total impartiality of our prosecutors is fundamental to our system of prosecution and their duty to make available all the evidence is crucial.
Perhaps I should add that I know Lord Sutherland, Lord Coulsfield and Lord MacLean. Indeed I worked with each of them while they were at the Bar and I have the highest regard for them all. The point, however, must be made that while they all have considerable experience of presiding over trials and directing juries, they have never had to determine guilt or innocence of an accused person in the course of their careers.
When I retired I was senior partner in the firm of Levy & McRae. I am a graduate of Glasgow University and I am a member of the Society of Solicitors in the Supreme Courts of Scotland. I specialised in Litigation, both civil and criminal, and in media law. I was appointed the first ever media spokesman for the Law Society of Scotland in the late 60’s and some years later I became legal adviser news and current affairs for ITN and the Independent Television companies in Scotland, namely Scottish Television, Grampian Television and Borders Television.
I was a Justice of the Peace for the then districts of Bearsden and Milngavie and I was Vice-Chairman of the JP Advisory Committee for the district. Our function was to recommend appointments as Justices to the Secretary of State for Scotland.
I served on many of the bodies involved in the conduct and running of my profession, including Glasgow Bar Association, the Royal Faculty of Procurators in Glasgow and the Law Society of Scotland. Indeed, latterly I was Vice-Chairman of the Central Committee of the Law Society. My practice was very extensive and I think I might claim to have been one of the more experienced Court solicitors in the country.
I represented members of the Joint Branch Boards of the Scottish Police Federation in Strathclyde, Lothian & Borders, Tayside and Northen Constabulary in civil, criminal and Police disciplinary matters. This gave me a rather unique insight into the investigation and reporting of crime in Scotland. I also had experience as a Prosecutor, as a Temporary Sheriff and as a Chairman of Employment Tribunals.
I followed the trial as far as it was reported in the press at the time and I well remember thinking that the accused would not be convicted. I was not surprised that Al-Amin Khalifi Fhima was acquitted but equally I was surprised that Abdelbasset Al-Megrahi was.
I have had the benefit of reading Professor Black's lengthy submissions and I agree entirely with what he has written. Personally, I could not understand a number of things about the outcome of the case. Let me illustrate what I mean:
1. I could not and still cannot understand how the Court could hold, on the evidence of Gauci, that Megrahi made the purchase of the clothing. Without Gauci's evidence, which at its height was that Megrahi resembled the purchaser, there was no case.
2. Their finding that the purchase was made on 7 December bordered upon the perverse.
3. Their finding about the unaccompanied baggage fell within the same category.
Let me quote from Dickson on The Law of Evidence at Section 98. In speaking of inferences to be drawn in cases of circumstantial evidence he says: "It is not enough that his guilt [the accused] be a rational and probable inference as well as the most probable of several inferences from the circumstances. It must also be the only rational hypothesis which they will bear."
If that is still the law then how on earth could the Court have drawn so many adverse inferences against the accused when there were other explanations and explanations that were just as likely?
Megrahi was convicted on circumstantial evidence. That is frequently the strongest evidence that a court can hear. It may be likened to a chain - the more strands there are, the stronger is the chain. But just like a chain, if any link is broken, then that is the end of the matter. It seems to me that there were many broken links in that chain of evidnce upon which the Crown relied.
The other aspect relates to the Appeal. With the greatest respect to learned Senior Counsel who conducted the Appeal on behalf of Megrahi, in my respectful opinion two crucial errors were made, namely (i) a concession that there was sufficient evidence to convict; and (ii) a failure to argue s106(3)(b) of the Act. I would have thought that the outstanding ground of appeal was that based upon the Statutory provision to which I have just referred. Had I been the instructing solicitor then those would have been my instructions to Counsel.
It is fairly trite to say that the verdict of the Appeal Court did not "back up" the verdict of the Court of first instance. The appeal was taken on the wrong points and the refusal of the appeal came as little surprise. Had it been taken on the correct grounds then I would have expected a quite different result.
Apart from all these points, it respectfully seems to me that an enquiry is called for to investigate other matters. Was Gauci paid a huge sum of money by the CIA? Why? What was their interest? What was the evidence about the break in at Heathrow? To whom was that known? Why was that withheld from the defence and on whose instructions? The total impartiality of our prosecutors is fundamental to our system of prosecution and their duty to make available all the evidence is crucial.
Perhaps I should add that I know Lord Sutherland, Lord Coulsfield and Lord MacLean. Indeed I worked with each of them while they were at the Bar and I have the highest regard for them all. The point, however, must be made that while they all have considerable experience of presiding over trials and directing juries, they have never had to determine guilt or innocence of an accused person in the course of their careers.
Cardinal backs call for independent inquiry into conviction of Megrahi
[This is the headline over The Herald's report on yesterday's event at the Scottish Parliament. It reads in part:]
The leader of the Catholic Church in Scotland has said the “web of mystery” surrounding the man convicted of the Lockerbie bombing must be cleared up.
Cardinal Keith O’Brien was speaking as campaigners handed in a 1500-strong petition to the Scottish Parliament yesterday calling for an independent inquiry into the verdict on Abdelbaset Ali Mohmed al Megrahi.
Cardinal O’Brien said: “We’re living in the 21st century now and really it shouldn’t be beyond us, it shouldn’t be beyond the Scottish Government, to take this on. Or are we all eventually going to die in a web of mystery about what happened at the time of the horrible Lockerbie bombing?
“What I am concerned with is basic justice, to find out what exactly went on. I want to find out the truth and I think when I say that I am speaking for many, many people, not just religious people, people of no faiths at all are desperate to find out what went on that time.” (...)
Cardinal O’Brien said he wanted to see not only justice for Megrahi but also “justice for all the innocent people who died at that time, and their families and friends who are grieving and wanting to be able to draw a line under that horrible episode in the history of Scotland”.
The Cardinal’s support was welcomed by Dr Jim Swire, whose daughter Flora was killed in the atrocity.
Dr Swire, speaking for the Justice For Megrahi campaign, said if the Scottish Government could not find the “get up and go to find a way to resolve this issue, then it’s a poor day for Scotland”.
He said there was a “need to sort out the uncertainty about this verdict sooner or later”. (...)
A Scottish Government spokesman said there was no doubt about the safety of Megrahi’s conviction. He added: “The questions to be asked and answered in any such inquiry would be beyond the jurisdiction of Scots law and the remit of the Scottish Government.”
[The Scottish Criminal Cases Review Commission -- an independent, expert, official body -- concluded, after a three-year investigation, that there were six grounds on which Abdelbaset Megrahi's conviction might have amounted to a miscarriage of justice. How can the Scottish Government have the effrontery to parrot the mantra that there is "no doubt about the safety of Megrahi's conviction"?
The Scotsman's report on the Holyrood event can be read here; that in The Sun here; and that in the Morning Star here. A good report is also to be found on the website of The Courier and Advertiser, a daily newspaper with a large circulation in Dundee and Fife; and a slightly less detailed report on the website of The Press and Journal, a daily newspaper with a large circulation in Aberdeen and the North of Scotland.
The petition is open for signature until 28 October. It can be signed here.]
The leader of the Catholic Church in Scotland has said the “web of mystery” surrounding the man convicted of the Lockerbie bombing must be cleared up.
Cardinal Keith O’Brien was speaking as campaigners handed in a 1500-strong petition to the Scottish Parliament yesterday calling for an independent inquiry into the verdict on Abdelbaset Ali Mohmed al Megrahi.
Cardinal O’Brien said: “We’re living in the 21st century now and really it shouldn’t be beyond us, it shouldn’t be beyond the Scottish Government, to take this on. Or are we all eventually going to die in a web of mystery about what happened at the time of the horrible Lockerbie bombing?
“What I am concerned with is basic justice, to find out what exactly went on. I want to find out the truth and I think when I say that I am speaking for many, many people, not just religious people, people of no faiths at all are desperate to find out what went on that time.” (...)
Cardinal O’Brien said he wanted to see not only justice for Megrahi but also “justice for all the innocent people who died at that time, and their families and friends who are grieving and wanting to be able to draw a line under that horrible episode in the history of Scotland”.
The Cardinal’s support was welcomed by Dr Jim Swire, whose daughter Flora was killed in the atrocity.
Dr Swire, speaking for the Justice For Megrahi campaign, said if the Scottish Government could not find the “get up and go to find a way to resolve this issue, then it’s a poor day for Scotland”.
He said there was a “need to sort out the uncertainty about this verdict sooner or later”. (...)
A Scottish Government spokesman said there was no doubt about the safety of Megrahi’s conviction. He added: “The questions to be asked and answered in any such inquiry would be beyond the jurisdiction of Scots law and the remit of the Scottish Government.”
[The Scottish Criminal Cases Review Commission -- an independent, expert, official body -- concluded, after a three-year investigation, that there were six grounds on which Abdelbaset Megrahi's conviction might have amounted to a miscarriage of justice. How can the Scottish Government have the effrontery to parrot the mantra that there is "no doubt about the safety of Megrahi's conviction"?
The Scotsman's report on the Holyrood event can be read here; that in The Sun here; and that in the Morning Star here. A good report is also to be found on the website of The Courier and Advertiser, a daily newspaper with a large circulation in Dundee and Fife; and a slightly less detailed report on the website of The Press and Journal, a daily newspaper with a large circulation in Aberdeen and the North of Scotland.
The petition is open for signature until 28 October. It can be signed here.]
Tuesday, 26 October 2010
Megrahi motion before Scottish Parliament
A motion in the following terms has today been submitted to the Scottish Parliament by Christine Grahame MSP:
*S3M-7251♦ Christine Grahame: Megrahi Petition—That the Parliament notes the lodging of a petition by the Justice for Megrahi Committee, led by Dr Jim Swire, Iain McKie, Robert Forrester and Professor Robert Black, urging the establishment of an independent inquiry into the 2001 conviction of Mr Abdelbaset Ali Mohmed Al Megrahi for the bombing of Pan Am flight 103 over Lockerbie on 21 December 1988; notes that the findings of the Scottish Criminal Cases Review Commission, which reported that there may have been a miscarriage of justice in the case, have still to be tested in a legal forum; would welcome the establishment of an independent inquiry in Scotland to consider all the circumstances that led to the conviction, and considers that there should be widespread international co-operation with such an inquiry.
*S3M-7251♦ Christine Grahame: Megrahi Petition—That the Parliament notes the lodging of a petition by the Justice for Megrahi Committee, led by Dr Jim Swire, Iain McKie, Robert Forrester and Professor Robert Black, urging the establishment of an independent inquiry into the 2001 conviction of Mr Abdelbaset Ali Mohmed Al Megrahi for the bombing of Pan Am flight 103 over Lockerbie on 21 December 1988; notes that the findings of the Scottish Criminal Cases Review Commission, which reported that there may have been a miscarriage of justice in the case, have still to be tested in a legal forum; would welcome the establishment of an independent inquiry in Scotland to consider all the circumstances that led to the conviction, and considers that there should be widespread international co-operation with such an inquiry.
Copy of Megrahi petition handed to Petitions Committee
At a ceremony held in the Scottish Parliament at lunch time today, attended by a large number of print and broadcast media representatives, a paper copy of the Justice for Megrahi petition was handed over to members of the Parliament's Public Petitions Committee. Dr Jim Swire spoke as follows:
"It has been evident since the completion of the original trial of Mr Baset al-Megrahi in the Zeist court in 2001 that there appeared to be flaws in the evidence led, in the sharing of evidence by the Crown Office with the defence, and in some of the decisions made by the court itself , which together call into question the fairness of the trial under Scots law.
"These questions were made public by one of the UN's appointed trial observers at once describing the verdict as 'incomprehensible', and after three years of research, Scotland's SCCRC found that the trial 'may have been a miscarriage of justice'. This finding opened the way for Mr Baset al-Megrahi to launch a new appeal in the Edinburgh High Court.
"Meanwhile many had reviewed the trial for themselves and concluded that the verdict had been subject to political pressure and was not justified. This has led to scathing comments concerning the quality of the Scottish court's proceedings and impartiality, which some would say has made Scots law a laughing stock, particularly outside Britain and America. Only Scotland herself could correct that view now.
"It had been hoped that Mr Baset al-Megrahi's appeal would settle these dire issues, both for him and for the reputation of Scots law in the future. However, following a desperately drawn out opening phase of his second appeal, and in the face of his illness, it was withdrawn, leaving Scotland with no obvious means whereby the verdict's validity could be reassessed.
"Aware of the difficulties surrounding use of the material assembled by the SCCRC, and in urgent search of the truth about Mr Megrahi's conviction, JFM, through this petition, now calls upon the Holyrood Parliament to request the Scottish government to find a route for the re-examination of this dreadful case.
"We believe that Mr Megrahi and his family are already long overdue a full review of this verdict and that the reputation of Scotland's judicial system demands it, while the relatives of the Lockerbie dead have an inalienable right to the whole truth, a right which some of them find to be obstructed by the uncertainty surrounding this verdict."
Cardinal Keith O'Brien thereupon signed the petition and it was then handed over. Questions from the press were answered by Dr Swire, by Cardinal O'Brien and by Justice for Megrahi committee members Iain McKie and Robert Black.
Border Television's coverage of the event can be viewed here; an Associated Press news agency report on the Fox News website can be read here.
The petition is open for signature until 28 October. It can be signed here.
"It has been evident since the completion of the original trial of Mr Baset al-Megrahi in the Zeist court in 2001 that there appeared to be flaws in the evidence led, in the sharing of evidence by the Crown Office with the defence, and in some of the decisions made by the court itself , which together call into question the fairness of the trial under Scots law.
"These questions were made public by one of the UN's appointed trial observers at once describing the verdict as 'incomprehensible', and after three years of research, Scotland's SCCRC found that the trial 'may have been a miscarriage of justice'. This finding opened the way for Mr Baset al-Megrahi to launch a new appeal in the Edinburgh High Court.
"Meanwhile many had reviewed the trial for themselves and concluded that the verdict had been subject to political pressure and was not justified. This has led to scathing comments concerning the quality of the Scottish court's proceedings and impartiality, which some would say has made Scots law a laughing stock, particularly outside Britain and America. Only Scotland herself could correct that view now.
"It had been hoped that Mr Baset al-Megrahi's appeal would settle these dire issues, both for him and for the reputation of Scots law in the future. However, following a desperately drawn out opening phase of his second appeal, and in the face of his illness, it was withdrawn, leaving Scotland with no obvious means whereby the verdict's validity could be reassessed.
"Aware of the difficulties surrounding use of the material assembled by the SCCRC, and in urgent search of the truth about Mr Megrahi's conviction, JFM, through this petition, now calls upon the Holyrood Parliament to request the Scottish government to find a route for the re-examination of this dreadful case.
"We believe that Mr Megrahi and his family are already long overdue a full review of this verdict and that the reputation of Scotland's judicial system demands it, while the relatives of the Lockerbie dead have an inalienable right to the whole truth, a right which some of them find to be obstructed by the uncertainty surrounding this verdict."
Cardinal Keith O'Brien thereupon signed the petition and it was then handed over. Questions from the press were answered by Dr Swire, by Cardinal O'Brien and by Justice for Megrahi committee members Iain McKie and Robert Black.
Border Television's coverage of the event can be viewed here; an Associated Press news agency report on the Fox News website can be read here.
The petition is open for signature until 28 October. It can be signed here.
Scottish Parliament e-petition website operational again
The Scottish Parliament e-petition website has been restored. The Justice for Megrahi petition can once again be signed here.
Scottish Cardinal to sign Lockerbie petition
[This is the headline over a report on the website of Independent Catholic News. It reads as follows:]
Cardinal Keith O’Brien will add his name to an online petition on Tuesday, calling for an independent inquiry to be set up by the Scottish Parliament into the 2001 conviction of Abdelbaset Ali Mohmed al-Megrahi for the bombing of Pan Am flight 103 in December 1988. [RB: The petition calls upon the Scottish Parliament to urge the Scottish Government to establish such an inquiry. A copy of the petition will be handed over by representatives of Justice for Megrahi to members of the Scottish Parliament's Public Petitions Committee at Holyrood today at 12.30pm.]
The petition which closes on 28 October 2010 will be submitted to the Parliament for consideration. Commenting on his decision to sign the petition, Cardinal O’Brien said: "Earlier this year, I described the murder of 243 innocent people on board Pan Am flight 103 over the town of Lockerbie on 21 December 1988 as an act of unbelievable horror and gratuitous barbarity. Many legal consequences flowed from that act culminating in the conviction of a Libyan citizen, Abdelbaset Ali Mohmed al-Megrahi for the bombing. From the moment that verdict was announced, voices have been raised in protest. Over the years the clamour has grown amongst, lawyers, politicians, academics and growing numbers of ordinary citizens that the verdict amounted to a miscarriage of justice.”
Cardinal O’Brien added: “I do not claim to have examined all the evidence in this case, far from it, but I do claim to be increasingly concerned about the reputation of the Scottish Justice system. I have defended publicly the system of justice in this country and have done so because it enjoys my support and confidence. Global accusations of wrongful conviction made against our system must be dealt with. Left unheeded they will weaken the administration of justice in Scotland by casting doubts on its probity and ability. I believe the best way to remedy this is for the Scottish Parliament to launch an independent inquiry into the 2001 conviction of Abdelbaset Ali Mohmed al-Megrahi for the bombing of Pan Am flight 103.
"Regardless of the outcome I believe Scotland’s Justice System would be strengthened by such a process. Either a conviction will be upheld and the process vindicated or it will be struck down, demonstrating to the world that Scotland has the wisdom and compassion needed to rectify its mistakes. In either event I will willingly accept the outcome.”
[A report on the BBC News website, headed "Cardinal Keith O'Brien calls for Megrahi inquiry" can be read here. The Scotsman's report can be read here; and that on the Telegraph website here.
Steven Raeburn, editor of Scottish lawyers' magazine The Firm appeared last night on Newsnight Scotland discussing the petition. The programme can be watched here by people in the UK or people overseas who use a UK proxy server. The Firm's article on the issue, headlined "Ian Hamilton QC says Judges' report into Megrahi conviction should be published" can be read here.
My comments on the Newsnight Scotland segment can be read here.
Five full days after it crashed, the Scottish Parliament e-petitions website is still out of commission.]
Cardinal Keith O’Brien will add his name to an online petition on Tuesday, calling for an independent inquiry to be set up by the Scottish Parliament into the 2001 conviction of Abdelbaset Ali Mohmed al-Megrahi for the bombing of Pan Am flight 103 in December 1988. [RB: The petition calls upon the Scottish Parliament to urge the Scottish Government to establish such an inquiry. A copy of the petition will be handed over by representatives of Justice for Megrahi to members of the Scottish Parliament's Public Petitions Committee at Holyrood today at 12.30pm.]
The petition which closes on 28 October 2010 will be submitted to the Parliament for consideration. Commenting on his decision to sign the petition, Cardinal O’Brien said: "Earlier this year, I described the murder of 243 innocent people on board Pan Am flight 103 over the town of Lockerbie on 21 December 1988 as an act of unbelievable horror and gratuitous barbarity. Many legal consequences flowed from that act culminating in the conviction of a Libyan citizen, Abdelbaset Ali Mohmed al-Megrahi for the bombing. From the moment that verdict was announced, voices have been raised in protest. Over the years the clamour has grown amongst, lawyers, politicians, academics and growing numbers of ordinary citizens that the verdict amounted to a miscarriage of justice.”
Cardinal O’Brien added: “I do not claim to have examined all the evidence in this case, far from it, but I do claim to be increasingly concerned about the reputation of the Scottish Justice system. I have defended publicly the system of justice in this country and have done so because it enjoys my support and confidence. Global accusations of wrongful conviction made against our system must be dealt with. Left unheeded they will weaken the administration of justice in Scotland by casting doubts on its probity and ability. I believe the best way to remedy this is for the Scottish Parliament to launch an independent inquiry into the 2001 conviction of Abdelbaset Ali Mohmed al-Megrahi for the bombing of Pan Am flight 103.
"Regardless of the outcome I believe Scotland’s Justice System would be strengthened by such a process. Either a conviction will be upheld and the process vindicated or it will be struck down, demonstrating to the world that Scotland has the wisdom and compassion needed to rectify its mistakes. In either event I will willingly accept the outcome.”
[A report on the BBC News website, headed "Cardinal Keith O'Brien calls for Megrahi inquiry" can be read here. The Scotsman's report can be read here; and that on the Telegraph website here.
Steven Raeburn, editor of Scottish lawyers' magazine The Firm appeared last night on Newsnight Scotland discussing the petition. The programme can be watched here by people in the UK or people overseas who use a UK proxy server. The Firm's article on the issue, headlined "Ian Hamilton QC says Judges' report into Megrahi conviction should be published" can be read here.
My comments on the Newsnight Scotland segment can be read here.
Five full days after it crashed, the Scottish Parliament e-petitions website is still out of commission.]
Monday, 25 October 2010
Crashing the petition
[This is the heading over a post today by Caustic Logic on his blog The Lockerbie Divide. It reads in part:]
Conspiracy theories naturally arise among many commentators [RB: referring to commentators here, on this blog], naturally I think given the duplicitous handling of this case from the beginning. Others have voiced a more generous interpretation. For example, Robert Forrester (as "Quincey Riddle") said somewhere in there, three days ago, when people were starting to voice suspicions:
JFM deals in verifiable facts only. The facts concerning the current difficulties on the Scottish Parliament Petitions Site are at present:
1 The site crashed in the early hours of 21/10/10.
2 BT is still working on a solution.
[...] Speaking personally, I do not hold with the contention that those whom JFM is confronting on the Lockerbie/Zeist case are attempting to sabotage the petition. There are far more effective methods of dealing with us, also including the tried and tested 'just-ignore-them' tactic. To do something as blatant as this would simply present JFM with yet another weapon to use against them.
That's a darn good point, and considering the known issues with the occoasional ill-managed government site, and how inundated as this one was by signers and viewers, something along these lines should be the obvious default conclusion. But the days dragged on without a fix and, by number, the comments espousing the paranoiac view are predominating. (...)
Forrester continued, helping put this in perspective:
Once the petition comes down on the 28/10/10, we will be able to assess any impact this breakdown may have had. However, given that the JFM petition went online on the 8/10/10 and was around the 1,500 mark at the time of the crash, there are good grounds for concluding that it had already broken existing records for the number of signees over time. [...] the average number of signees per day has been around a steady 100 plus. [...] the phenomenal response to the petition has already made a very significant point, and one which cannot easily be ignored, even if the site remains down right up to the 28/10/10. [...] I believe in sporting circles that could be described as something of 'a result'. (...)
Let's do what we can to keep the word out there for a few more days, encourage e-mail submissions unless/until the petition is restored. And then come Thursday it'll be time to move on to the next things as we wait and see. Any evil plot that may lurk here has already failed (unless it's very clever and will unfurl itself in our midst later on...).
[How to sign by SMS is explained here and how to sign by e-mail here.]
Conspiracy theories naturally arise among many commentators [RB: referring to commentators here, on this blog], naturally I think given the duplicitous handling of this case from the beginning. Others have voiced a more generous interpretation. For example, Robert Forrester (as "Quincey Riddle") said somewhere in there, three days ago, when people were starting to voice suspicions:
JFM deals in verifiable facts only. The facts concerning the current difficulties on the Scottish Parliament Petitions Site are at present:
1 The site crashed in the early hours of 21/10/10.
2 BT is still working on a solution.
[...] Speaking personally, I do not hold with the contention that those whom JFM is confronting on the Lockerbie/Zeist case are attempting to sabotage the petition. There are far more effective methods of dealing with us, also including the tried and tested 'just-ignore-them' tactic. To do something as blatant as this would simply present JFM with yet another weapon to use against them.
That's a darn good point, and considering the known issues with the occoasional ill-managed government site, and how inundated as this one was by signers and viewers, something along these lines should be the obvious default conclusion. But the days dragged on without a fix and, by number, the comments espousing the paranoiac view are predominating. (...)
Forrester continued, helping put this in perspective:
Once the petition comes down on the 28/10/10, we will be able to assess any impact this breakdown may have had. However, given that the JFM petition went online on the 8/10/10 and was around the 1,500 mark at the time of the crash, there are good grounds for concluding that it had already broken existing records for the number of signees over time. [...] the average number of signees per day has been around a steady 100 plus. [...] the phenomenal response to the petition has already made a very significant point, and one which cannot easily be ignored, even if the site remains down right up to the 28/10/10. [...] I believe in sporting circles that could be described as something of 'a result'. (...)
Let's do what we can to keep the word out there for a few more days, encourage e-mail submissions unless/until the petition is restored. And then come Thursday it'll be time to move on to the next things as we wait and see. Any evil plot that may lurk here has already failed (unless it's very clever and will unfurl itself in our midst later on...).
[How to sign by SMS is explained here and how to sign by e-mail here.]
Ninety-six hours on ...
The Scottish Parliament's e-petitions website is still not operational, more than four full days after it crashed. The Justice for Megrahi petition was opened for signature on 8 October 2010. The last date for signing (fixed, amongst other reasons, so that the petition could be dealt with before the Scottish Parliament elections) is 28 October. The website's failure has already deprived the petition of twenty per cent of the time allotted for signature.
Note, however, that you can sign the petition by SMS. Text the number 417 and your name to 07537 400395 (from outside the UK +44 7537 400395).
Note, however, that you can sign the petition by SMS. Text the number 417 and your name to 07537 400395 (from outside the UK +44 7537 400395).
Sunday, 24 October 2010
Seventy-two hours on ...
Well over seventy-two hours have now passed since the Scottish Parliament's e-petition website crashed. It remains out of commission. And still no explanation of what the problem is and when it will be rectified.
Scottish lawyers' magazine The Firm once again highlights the issue in a report headlined Holyrood Petitions crash persists into 4th day as Parliament launches "Digital Future".
Scottish lawyers' magazine The Firm once again highlights the issue in a report headlined Holyrood Petitions crash persists into 4th day as Parliament launches "Digital Future".
Saturday, 23 October 2010
Forty-eight hours on ...
It is now well over forty-eight hours since the Scottish Parliament's e-petition website crashed. It is still not operational. We should now be told by the Parliament's officials exactly what the problem is and just when it is likely to be rectified.
A report on the saga of the e-petitions website in Scottish lawyers' magazine The Firm can be read here.
A report on the saga of the e-petitions website in Scottish lawyers' magazine The Firm can be read here.
Friday, 22 October 2010
Scottish Parliament e-petition website still down
"Unfortunately, the Scottish Parliament’s e-petitions website is currently experiencing technical difficulties and is temporarily unavailable. We are working on a solution to resume the service as quickly as possible. Once the service is back online, users will be able to sign e-petitions as normal. Please accept our apologies for the inconvenience caused."
This statement appears on the Scottish Parliament's Public Petitions Committee's webpage. The e-petitions website has now been unavailable for at least thirty hours. The Justice for Megrahi e-petition opened for signatures on 8 October. The closing date is 28 October. Disappointed supporters can sign by following the procedure suggested here.
The coverage of the issue in Scottish lawyers' magazine The Firm can be read here.
The latest bulletin reads:
"UPDATE 22/10/10: 16:30. Work is still ongoing to resolve the technical difficulties we are experiencing. Those wishing to access the e-petition site may wish to return and try to access the link periodically should the problems be resolved over the weekend."
This statement appears on the Scottish Parliament's Public Petitions Committee's webpage. The e-petitions website has now been unavailable for at least thirty hours. The Justice for Megrahi e-petition opened for signatures on 8 October. The closing date is 28 October. Disappointed supporters can sign by following the procedure suggested here.
The coverage of the issue in Scottish lawyers' magazine The Firm can be read here.
The latest bulletin reads:
"UPDATE 22/10/10: 16:30. Work is still ongoing to resolve the technical difficulties we are experiencing. Those wishing to access the e-petition site may wish to return and try to access the link periodically should the problems be resolved over the weekend."
"Disappointed with Scotland in nabbing the wrong guy to begin with"
[This is the first of the readers' comments on an article headlined Bomber's freedom damaged Scotland in today's Scottish edition of The Sun. The article reads in part:]
Kenny MacAskill's decision to free the Lockerbie bomber has damaged Scotland's standing in the US, a new poll has revealed.
The troubling survey shows almost a third of Americans feel less positive towards this country because of Abdelbaset Ali al-Megrahi's release.
And 17 per cent of those quizzed said they are now less likely to visit Scotland - a potential hammer blow to our tourist industry.
Exporters are also affected, with 15 per cent of Americans saying they're less likely to buy Scottish goods.
The YouGov poll shows 29 per cent of Americans feel less positive towards Scotland because of the release, 61 per cent say it hasn't affected their view, while just three per cent are more positive towards us. (...)
Within Scotland, the Megrahi scandal appears to have split opinion.
His release made 15 per cent more positive about their own country and 15 per cent are more negative, while 68 per cent say it hasn't changed their feelings.
Only one per cent of Scots say they are now less likely to purchase Scottish products as a result of the Megrahi decision, while six per cent are more likely to buy and 90 per cent say it's had no effect.
Last night Labour shadow justice minister Richard Baker said: "It is obviously very disappointing that our standing seems to have been diminished by MacAskill's misguided decision.
"It's time for him to apologise to all the families - particularly those in America - who have been traumatised by it."
Kenny MacAskill's decision to free the Lockerbie bomber has damaged Scotland's standing in the US, a new poll has revealed.
The troubling survey shows almost a third of Americans feel less positive towards this country because of Abdelbaset Ali al-Megrahi's release.
And 17 per cent of those quizzed said they are now less likely to visit Scotland - a potential hammer blow to our tourist industry.
Exporters are also affected, with 15 per cent of Americans saying they're less likely to buy Scottish goods.
The YouGov poll shows 29 per cent of Americans feel less positive towards Scotland because of the release, 61 per cent say it hasn't affected their view, while just three per cent are more positive towards us. (...)
Within Scotland, the Megrahi scandal appears to have split opinion.
His release made 15 per cent more positive about their own country and 15 per cent are more negative, while 68 per cent say it hasn't changed their feelings.
Only one per cent of Scots say they are now less likely to purchase Scottish products as a result of the Megrahi decision, while six per cent are more likely to buy and 90 per cent say it's had no effect.
Last night Labour shadow justice minister Richard Baker said: "It is obviously very disappointing that our standing seems to have been diminished by MacAskill's misguided decision.
"It's time for him to apologise to all the families - particularly those in America - who have been traumatised by it."
Thursday, 21 October 2010
Lockerbie petition hit by technical glitch
[This is the headline over a long article just published on the Newsnet Scotland website. The first two paragraphs read as follows:]
Having been online accepting signatures for only thirteen complete days at the Scottish Parliament’s Petitions Site, the Justice for Megrahi petition has suffered a technical glitch. Just as the petition was about to break through the 1,500 mark, possibly a record for the parliamentary site, the system crashed today.
As yet no explanation has been forthcoming from BT, however, it may simply be down to a system overload or suchlike. In the meantime a solution to the problem is available via e-mail (see details at the end of this piece). The petition has attracted huge support in the short period that it has been up and running despite the almost non-existent press coverage, particularly over the border.
Having been online accepting signatures for only thirteen complete days at the Scottish Parliament’s Petitions Site, the Justice for Megrahi petition has suffered a technical glitch. Just as the petition was about to break through the 1,500 mark, possibly a record for the parliamentary site, the system crashed today.
As yet no explanation has been forthcoming from BT, however, it may simply be down to a system overload or suchlike. In the meantime a solution to the problem is available via e-mail (see details at the end of this piece). The petition has attracted huge support in the short period that it has been up and running despite the almost non-existent press coverage, particularly over the border.
Scottish Parliament e-petitions website crashed
The Scottish Parliament's e-petitions website has been down all day. If you wish to sign, e-mail the Public Petitions Committee, mentioning e-petition 417, Justice for Megrahi. The e-mail address can be found here.
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