Wednesday, 22 April 2015

A case of gross prosecutorial misconduct

[What follows is excerpted from an article by Robert Parry entitled The US Hand in Libya’s Tragedy published yesterday on the Consortium News website which he edits:]

The mainstream US news media is lambasting the Europeans for failing to stop the humanitarian crisis unfolding in the Mediterranean Sea as desperate Libyans flee their war-torn country in overloaded boats that are sinking as hundreds drown. But the MSM forgets how this Libyan crisis began, including its own key role along with that of “liberal interventionists” such as Hillary Clinton and Samantha Power.

In 2011, it was all the rage in Official Washington to boast about the noble “responsibility to protect” the people of eastern Libya who supposedly were threatened with extermination by the “mad man” Muammar Gaddafi. We also were told endlessly that, back in 1988, Gaddafi’s agents had blown Pan Am 103 out of the skies over Lockerbie, Scotland.

The R2Pers, led by then-National Security Council aide Power with the backing of Secretary of State Clinton, convinced President Barack Obama that a “humanitarian intervention” was needed to prevent Gaddafi from slaughtering people whom he claimed were Islamic terrorists.

As this US-orchestrated bombing campaign was about to begin in late March 2011, Power told a New York City audience that the failure to act would have been “extremely chilling, deadly and indeed a stain on our collective conscience.” Power was credited with steeling Obama’s spine to press ahead with the military operation.

Under a United Nations resolution, the intervention was supposed to be limited to establishing no-fly zones to prevent the slaughter of civilians. But the operation quickly morphed into a “regime change” war with the NATO-led bombing devastating Gaddafi’s soldiers who were blown to bits when caught on desert roadways.

Yet, the biggest concern in Official Washington was a quote from an Obama’s aide that the President was “leading from behind” – with European warplanes out front in the air war – when America’s war hawks said the United States should be leading from the front.

At the time, there were a few of us who raised red flags about the Libyan war “group think.” Though no one felt much sympathy for Gaddafi, he wasn’t wrong when he warned that Islamic terrorists were transforming the Benghazi region into a stronghold. Yes, his rhetoric about exterminating rats was over the top, but there was a real danger from these extremists.

And, the Pan Am 103 case, which was repeatedly cited as the indisputable proof of Gaddafi’s depravity, likely was falsely pinned on Libya. Anyone who dispassionately examined the 2001 conviction of Libyan agent Ali al-Megrahi by a special Scottish court would realize that the case was based on highly dubious evidence and bought-and-paid-for testimony.

Megrahi was put away more as a political compromise (with a Libyan co-defendant acquitted) than because his guilt was proven beyond a reasonable doubt. Indeed, by 2009, the conviction was falling apart. Even a Scottish appeals court expressed concern about a grave miscarriage of justice. [RB: I suspect this refers to the findings of the Scottish Criminal Cases Review Commission and not to an appeal court.] But Megrahi’s appeal was short-circuited by his release to Libya on compassionate grounds because he was suffering from terminal prostate cancer.

Yet the US mainstream media routinely called him “the Lockerbie bomber” and noted that the Libyan government had taken “responsibility” for the bombing, which was true but only because it was the only way to get punitive sanctions lifted. The government, like Megrahi, continued to proclaim innocence.

During those heady days of bombing Libya in 2011, it also was common for the MSM to smirk at the notion that Megrahi was truly suffering from advanced prostate cancer since he hadn’t died as quickly as some doctors thought he might. Then, after Gaddafi’s regime fell in September 2011, Megrahi’s family invited the BBC and other news organizations to see Megrahi struggling to breathe in his sick bed.

His son, Khaled al-Megrahi, said, “I know my father is innocent and one day his innocence will come out.” Asked about the people who died in the Pan Am bombing, the son said: “We feel sorry about all the people who died. We want to know who did this bad thing. We want to know the truth as well.”

But it was only after Megrahi died on May 20, 2012, that some elements of the MSM acknowledged grudgingly that they were aware of the many doubts about his conviction all along. The New York Times obituary carried a detailed account of the evidentiary gaps that were ignored both during the trial in 2001 and during the bombing of Libya in 2011.

The Times noted that “even some world leaders” saw Megrahi “as a victim of injustice whose trial, 12 years after the bombing, had been riddled with political overtones, memory gaps and flawed evidence. … Investigators, while they had no direct proof, believed that the suitcase with the bomb had been fitted with routing tags for baggage handlers, put on a plane at Malta and flown to Frankfurt, where it was loaded onto a Boeing 727 feeder flight that connected to Flight 103 at London, then transferred to the doomed jetliner.”

Besides the lack of proof supporting that hypothesis was the sheer implausibility that a terrorist would assume that an unattended suitcase could make such an unlikely trip without being detected, especially when it would have been much easier to sneak the suitcase with the bomb onto Pan Am 103 through the lax security at Heathrow Airport outside London.

The Times’ obit also noted that during the 85-day trial, “None of the witnesses connected the suspects directly to the bomb. But one, Tony Gauci, the Maltese shopkeeper who sold the clothing that forensic experts had linked to the bomb, identified Mr Megrahi as the buyer, although Mr Gauci seemed doubtful and had picked others in photo displays. …

“The bomb’s timer was traced to a Zurich manufacturer, Mebo, whose owner, Edwin Bollier, testified that such devices had been sold to Libya. A fragment from the crash site was identified by a Mebo employee, Ulrich Lumpert. Neither defendant testified. But a turncoat Libyan agent testified that plastic explosives had been stored in [Megrahi’s co-defendant’s] desk in Malta, that Mr Megrahi had brought a brown suitcase, and that both men were at the Malta airport on the day the bomb was sent on its way.”

In finding Megrahi guilty, the Scottish court admitted that the case was “circumstantial, the evidence incomplete and some witnesses unreliable,” but concluded that “there is nothing in the evidence which leaves us with any reasonable doubt as to the guilt” of Megrahi.

However, the evidence later came under increasing doubt. The Times wrote: “It emerged that Mr Gauci had repeatedly failed to identify Mr Megrahi before the trial and had selected him only after seeing his photograph in a magazine and being shown the same photo in court. The date of the clothing sale was also in doubt.” Scottish authorities learned, too, that the US Justice Department paid Gauci $2 million for his testimony.

As for the bomb’s timer, The Times noted that the court called Bollier “untruthful and unreliable” and “In 2007, Mr Lumpert admitted that he had lied at the trial, stolen a timer and given it to a Lockerbie investigator. Moreover, the fragment he identified was never tested for residue of explosives, although it was the only evidence of possible Libyan involvement.

“The court’s inference that the bomb had been transferred from the Frankfurt feeder flight was also cast into doubt when a Heathrow security guard revealed that Pan Am’s baggage area had been broken into 17 hours before the bombing, a circumstance never explored. Hans Köchler, a United Nations observer, called the trial ‘a spectacular miscarriage of justice,’ words echoed by [South African President Nelson] Mandela.”

In other words, Megrahi’s conviction looked to have been a case of gross prosecutorial misconduct, relying on testimony from perjurers and failing to pursue promising leads (like the possibility that the bomb was introduced at Heathrow, not transferred from plane to plane to plane). And those problems were known prior to Megrahi’s return to Libya in 2009 and prior to the US-supported air war against Gaddafi in 2011.

Yet, Andrea Mitchell at MSNBC and pretty much everyone else in the MSM repeated endlessly that Megrahi was “the Lockerbie bomber” and that Libya was responsible for the atrocity, thus further justifying the “humanitarian intervention” that slaughtered Gaddafi’s soldiers and enabled rebel militias to capture Tripoli in summer 2011.

Tuesday, 21 April 2015

Today's session of the Justice Committee

At this morning’s meeting of the Scottish Parliament’s Justice Committee it was decided (1) to keep open Justice for Megrahi’s petition (PE1370) calling for an independent inquiry into the conviction of Abdelbaset Megrahi; and (2) to write to the Lord Advocate enquiring how the Crown Office proposes to deal with the forthcoming Police Scotland report on JFM’s allegations of criminal misconduct on the part of police officers, prosecutors and Crown forensic scientists in the Lockerbie investigation, prosecution and trial. This arises out of the suggestion made on this blog that a special prosecutor or independent counsel might be required, in the light of the Lord Advocate’s publicly expressed views about the merits of JFM’s allegations and the character of JFM members.

A video recording of the Justice Committee session is now available here.

Libyan agreement to neutral venue trial confirmed

[What follows is an article headlined Lockerbie trial agreement published in The Herald on this date in 1998:]

The two men suspected of causing the Lockerbie bombing could soon be handed over for trial in a neutral country, reports claimed yesterday after Libyan leader Muammar Gaddafi met British representatives, writes Ron MacKenna.

Dr Jim Swire, whose daughter Flora was among the 270 who died in the disaster a decade ago, and Professor Robert Black, from Edinburgh University, had a 40-minute meeting with the Libyan leader in Tripoli on Monday. They said the talks were "of some substance" but refused to elaborate. However, Egypt's Middle East News Agency quoted Ibrahim el-Ghoweily [RB: normally anglicised as “Legwell”], a lawyer for the suspects, as saying the two sides had agreed "to hold the trial in a third country with a panel of judges headed by a Scottish judge and in light of Scottish law".

The talks indicate movement towards ending the seemingly intractable problems over having the two men accused of the outrage tried. Both Britain and the United States both want to try the men but Libya has so far refused to surrender them to either country, saying they will not get a fair trial. El-Ghoweily said Dr Swire and other representatives of British relatives will "work to convince" Britain and the United States "that the trial should be held in a third country".

Libyan officials have apparently indicated they are prepared to compromise, allowing a trial before an international panel headed by a Scottish judge. British relatives would prefer the trial to be held in Scotland but many have indicated they would agree to it being held in a neutral country, possibly the Netherlands. El-Ghoweily said both sides had agreed on Monday on "the importance of avoiding prejudiced jurors and any country in which the media or other factors would influence the trial", and wanted the hearing to take place "as soon as possible".

The British and American governments argue that the accused men should not be allowed to dictate conditions for their trial and they are concerned that there will be no jury.

[A press release issued at the end of the visit to Libya by Dr Swire and me between 18 and 20 April 1998 reads as follows:]

A meeting to discuss issues arising out of the Lockerbie bombing was held in the premises of the Libyan Foreign Office in Tripoli on the evening of Saturday 18 April 1998.  Present were Mr Abdul Ati Obeidi, Under-Secretary of the Libyan foreign Office; Mr Mohammed Belqassem Zuwiy, Secretary of Justice of Libya; Mr Abuzaid Omar Dorda, Permanent Representative of Libya to the United Nations; Dr Ibrahim Legwell, head of the defence team representing the two Libyan citizens suspected of the bombing; Dr Jim Swire, spokesman for the British relatives group UK Families-Flight 103; and Professor Robert Black QC, Professor of Scots Law in the University of Edinburgh and currently a visiting professor in the Faculty of Law of the University of Stellenbosch, South Africa.

At the meeting discussion focused upon the plan which had been formulated in January 1994 by Professor Black for the establishment of a court to try the suspects which would:
* operate under the criminal law and procedure of Scotland
* have in place of a jury an international panel of judges presided over by a senior Scottish judge
* sit not in Scotland but in a neutral country such as The Netherlands.

Among the issues discussed were possible methods of appointment of  the international panel of judges, and possible arrangements for the transfer of the suspects from Libya for trial and for ensuring their safety and security pending and during the trial.

Dr Legwell confirmed, as he had previously done in January 1994, that his clients agreed to stand trial before such a court if it were established.  The representatives of the Libyan Government stated, as they had done in 1994 and on numerous occasions since then, that they would welcome the setting up of such a court and that if it were instituted they would permit their two citizens to stand trial before it and would co-operate in facilitating arrangements for that purpose.

Dr Swire and Professor Black undertook to persist in their efforts to persuade the Government of the United Kingdom to join Libya in accepting this proposal.

On Sunday 19 April 1998, Professor Black met the South African ambassador to Libya and Tunisia, His Excellency Ebrahim M Saley, and discussed with him current developments regarding the Lockerbie bombing.  He also took the opportunity to inform the ambassador of how much President Mandela's comments on the Lockerbie affair at the time of the Commonwealth Heads of Government Meeting in October 1997 in Edinburgh had been appreciated.

On Monday 20 April, Dr Swire and Professor Black had a meeting a lasting some 40 minutes with the Leader of the Revolution, Muammar al-Qaddafi.  Also present were the Libyan Foreign Secretary, Mr Omar al-Montasser, and Mr Dorda.  The Leader was informed of the substance of the discussions held on Saturday 18 April, and expressed his full support for the conclusions reached.

Monday, 20 April 2015

BBC fails in legal bid to televise Lockerbie trial

[What follows is the text of a report published on the BBC News website on this date in 2000:]

The BBC has lost its appeal to televise the trial of the two Libyans accused of causing the Lockerbie bombing.

The corporation learned on Thursday that its court action to broadcast the trial on television and the internet had been rejected by the High Court in Edinburgh.

Two men, Abdelbaset Ali Mohmed Al Megrahi, 47, and Al Ali Khalifa Fhimah, 43, stand accused of killing 270 people in the tragedy on 21 December 1988.

All 259 on board Pan Am flight 103 from Heathrow to New York perished, along with 11 people in the Scottish town of Lockerbie.

The BBC had appealed against an earlier ruling which said the proceedings could not be televised.

The original request was turned down because it was judged that the Libyan defendants' right to a fair trial was more important than the media's right to freedom of expression.

The trial begins on 3 May [2000] and the BBC had hoped to broadcast proceedings live on the internet and show extracts on BBC news programmes.

The panel of appeal judges, headed by Lord Kirkwood, heard pleas from the BBC's QC, Roy Martin, that the initial decision should be reversed.

He told the court the Lockerbie trial was of unique interest, nationally and internationally.

The BBC had argued that the former Lord Advocate, Lord Hardie, was breaching the European Convention on Human Rights, which is now a part of Scottish law, by not allowing the trial to be broadcast.

It contested Lord Macfadyen's ruling that witnesses at the Lockerbie trial would be affected by the presence of cameras.

The judge had said there was a risk of witnesses not attending the trial in Camp Zeist, Holland, if they knew it was being televised.

There were also concerns that witnesses would know what evidence had been given, and that some might play to the cameras.

The corporation's case centred on the decision by the former Lord Advocate, Lord Hardie, to allow relatives of those killed in the 1988 bombing to watch encoded pictures of the trial in four locations - Dumfries, London, New York and Washington.

But in his judgement, Lord McFadyen said there was a clear distinction between transmitting pictures to remote sites, to allow relatives to watch proceedings, and broadcasting to the general public.

Sunday, 19 April 2015

"A fair and just trial ... in a neutral country"

[What follows is excerpted from an article on The Pan Am 103 Crash Website, which is itself based partly on a report from this date in 1998 by the Libyan news agency JANA:]

Jim Swire held talks in Libya on Saturday with the justice minister about the trial for two suspects in the attack, Libya's official news agency reported on the 19th April. J[im] Swire, and victims' legal adviser Robert Black met Justice Minister Mohammed Belqasim al-Zuwiy [or Zwai] after arriving in Tripoli.

They discussed suggestions by Swire and Black “concerning reaching ... a fair and just trial of the two suspects in a neutral country,” Libya's official news agency, JANA, reported. Swire and Black drove 215 miles from Tunisia to the Libyan capital Saturday, Swire's spokesman, David Ben-Aryeah, said in London. Swire told Ben-Aryeah he was grateful for the “efficient and warm welcome” they received.

Black and Swire held talks in Tripoli this week with Legwell and Libyan foreign affairs and justice officials.

The most important meeting was held with the Libyan lawyer for Fhima and Megrahi in Tripoli, Dr Ibrahim Legwell. Ibrahim Legwell said he told Scottish lawyer Robert Black and Jim Swire, that his two Libyan clients were ready to stand trial under Scottish law in a neutral country.

“We agreed on several basic points and details,” Legwell told Reuters in a telephone interview from the Libyan capital Tripoli. “I confirmed to them, as I have done previously, that my clients would stand for trial before such a court, which will be set not in Scotland nor the United States, but in a neutral country,” he added. “We also agreed that it would be established with an international panel of judges to be agreed upon and presided over by a senior Scottish judge. The court would operate under the criminal law and procedures of Scotland,” he added as well.

“We also are very concerned about how to ensure the safety, the security and the rights for our clients pending, during and after the trial,” he said. Legwell said Libya's Justice Minister Mohamed Belqasem Zwai, Vice-Minister for Foreign Affairs Abdel Ati al-Obeidi, and Libya's representative at the UN, Abouzid Omar Dorda, attended part of his meetings with Black and Swire when these issues were discussed.

Zwai said he expected a settlement of the dispute over where to hold the trial. ”We expect we will reach a solution that satisfies all parties before the World Court issues its decision,” he told reporters in Cairo late Monday.

Saturday, 18 April 2015

The only two nations in the civilised world rejecting Lockerbie compromise

[What follows is a report on a meeting held on 16 April 1998 in Cairo between officials of the Arab League, including the Secretary-General Dr Esmat Abdel-Meguid, and Dr Jim Swire and me:]

The Scottish lawyer Robert Black said on the 16th of April in Cairo after the talks with Abdel Maguid, that his latest proposal to end a dispute between Libya, Britain and the United States over the trial of two Libyan suspects in a 1988 airliner bombing would be his last. Black gave no details on the modifications in the more recent proposal. But he said there was “fine-tuning” to make it more acceptable to the British and Americans.

“What we are hoping for is that continued pressure on these two governments will cause them to see the error of their ways,” Black said.

Robert Black told a news conference he was “51 percent sure” the Libyans would accept the modified proposal. He would not give details, but Black and Swire are suggesting the suspects be tried under Scottish law in a neutral venue by an international panel of judges, without a jury. But Robert Black, a legal expert advising the victims' families, said there was little hope the United States would accept the proposal, although international pressure might succeed in winning Britain's support. “One simply has to give up on the American government,” Black said. “They are unmovable.”

“It's now plain that the United States and the United Kingdom as far as I know are the only two nations in the civilised world which are not saying 'this is a sensible compromise solution, accept it',” Black said after meeting the head of the Cairo-based Arab League. “What I am hoping is that the United Kingdom can see the error of its ways if it is given an opportunity marginally to save face. They have to find a solution. If this proposal does not work, then I suspect that this may very well be the end of the line.

“I can't very well go on drafting scheme after scheme, that are accepted by one side but rejected outright by the other. All three are going to have to accept something with which they are not 100% happy in order for there to be a compromise,” he said. "If they are prepared to do that then there is a remote possibility of progress. But I wouldn't put it above saying there is a slight chance. But any chance is better than no chance."

Swire slammed the British government for not moving fast enough to end the crisis. “For six years, I have been waiting for the men charged with the brutal murder of my daughter to be put on trial but on March 20, the permanent representative of my country in the United Nations was busy telling the Security Council that the sanctions they imposed on Libya were not working.

“Why have you kept us waiting for six years when they are not working? They are demolishing the thing they invited us to depend on and if that doesn't make you angry, then it should.”

Jim Swire, who acted as representative for British victims of the bombing, said Abdel-Meguid would pass the new proposal to the Libyans.

[RB: Just over four months later the UK and USA accepted the solution of a Scottish court in a neutral venue.]

Zeist court on display

[What follows is the text of a report on the BBC News website from this date in 2000, just before the Lockerbie trial was due to begin:]

The cost of the Lockerbie trial exceeds £40m so far, according to the Scottish Executive.

The courtroom and prison complex built for the trial at Camp Zeist, in the Netherlands, has cost £12m and running costs are said to be more than £3m a month.

The figures emerged as the courtroom was put on display for the media.

BBC Scotland's home affairs correspondent, Reeval Alderson, was among those shown the facilities. He estimated that if the trial lasted for a year, the overall cost could reach £150m.

The lion and the unicorn of ancient British heraldry stare down into the well of the courtroom, equipped with computerised evidence screens and translation booths, and protected from the gallery by a wall of bulletproof glass.

Court registrar, Gordon Beaton, said: "This is almost all technology adapted from the International Criminal Tribunal for the former Yugoslavia at The Hague.

"We are using tried and tested methods to minimise the risk of anything going wrong.

"The whole proceedings will be translated from English into Arabic, and we can handle Swedish, Japanese, Kurdish or whatever other language we have to."

A video screen the size of a billiard table on one wall will show how the debris of the doomed jumbo jet was "scattered from Newcastle to the Firth of Clyde", Mr Beaton said.

Screens could be drawn over the bullet-proof glass wall to obscure the features of those who, with the court's assent, seek to conceal their faces, and voices can be altered electronically.

"They cannot be forced to testify, since this court is not in Scotland. We have to persuade them to come," he added.

Some 60 armed Scottish police from all branches of the service guard the site, where the accused enjoy better than normal prison conditions.

Abdelbaset Ali Mohmed Al Megrahi and Al Amin Khalifah Fhimah are charged with murdering 270 people when Pan Am Flight 103 came down on Lockerbie.

The men are being held at the Camp Zeist temporary detention centre.

The indictment states that the two men were members of the Libyan Intelligence Services and conspired, along with others, to destroy Pan Am flight 103 and murder those on board and 11 people in Lockerbie.

As yet, they have been convicted of no crime and they have been on remand for a year.

The Moslem prisoners, who have pleaded not guilty to the charges, each have a prayer mat, with a compass to find east.

They receive regular visits from relatives and representatives and can watch Arabic television by satellite.

The Crown Office has said it proposes to call more than 1,000 witnesses and that there would be almost 1,500 documents and 550 other articles of evidence.

The trial will be heard by three judges, sitting without a jury, under Scots law.

It will make legal history by being the first time a Scottish court has sat abroad and without a jury.

The defence will also call witnesses and cite productions during the trial, which will be shown on closed circuit television systems to relatives of the deceased who are not able or willing to travel to the Netherlands.

Friday, 17 April 2015

'The whole truth..'?

[This is the headline over a report in Al-Ahram Weekly Online from this week in 2001:]

A conference on Lockerbie organised by the Arab League this week concluded that the verdict was politically motivated, reports Gamal Nkrumah

Last Saturday, a two-day international conference on the trial at Kamp van Zeist in the Netherlands of two Libyan nationals accused of bombing a PanAm flight over the Scottish village of Lockerbie began at the headquarters of the Arab League in Cairo. Several luminaries, including a former Algerian president, attended the conference, which condemned the Scottish court's decision to convict former Libyan intelligence agent Abdel-Basset Al-Megrahi and acquit his co-defendant Amin Khalifa Fhima. A UN trial observer from Austria, also at the conference, denounced the trial as unfair and the verdict as irrational.

"Lockerbie was a sham trial. The whole purpose of that farcical but tragic exercise in legal acrobatics was to punish the Libyan regime. The United States and the United Kingdom wanted to make an example of Libya. They want to deter other Third World countries from daring to stand up for the rights of the downtrodden and dispossessed," Dr Said Hafyana, Libya's assistant secretary for legal affairs, told Al-Ahram Weekly.

"To this day, US sanctions have not been lifted," Hafyana said. "The trial was simply a means to penalise Libya and cripple the Libyan government by forcing it to pay hefty compensation fines to the families of the victims," Hafyana argued. "It was mainly a political trial," he added.

The conference on Lockerbie was officially opened by Dr Esmat Abdel-Meguid, the outgoing secretary-general of the Arab League. Abdel-Meguid emphasised in his keynote address that the Arab world and the international community have an obligation to lift completely the sanctions against Libya. He also reminded his audience that the United Nations security council resolution, which imposed sanctions against Libya in 1992, linked ending the sanctions to the extradition of the two suspects. The resolution did not stipulate other conditions. But after the two suspects were extradited to the Netherlands, the Security Council only suspended sanctions, leaving open the door for the US to set more conditions before total withdrawal of the sanctions. The Iran-Libya Sanctions Act, the independent sanctions regime unilaterally imposed by the US outside the authority of the UN, is still in force, though due to expire in August. Washington now insists that Libya accept full responsibility for the Lockerbie bombing and compensate the families of the victims before it will lifts its sanctions. Official Libyan sources say that sanctions have cost Libya over $26 billion to date.

Former Algerian President Ahmed Ben Bella was one of the conference guests. Ben Bella has been an outspoken critic of the Lockerbie trial and a tireless champion of the Libyan cause. He joined with former South African President Nelson Mandela to lead the international campaign to lift sanctions from Libya.

Ibrahim Legwell, Al-Megrahi's Libyan lawyer when the case first started, was also present in Cairo. "Historically, there have always been miscarriages of justice," he said. "But there have been no precedents to such a case by which proceedings can be compared and evaluated," he added. "Al-Megrahi insists that this is a case of mistaken identity and that he has been falsely accused. He says that he is innocent and cannot accept a situation where the families of the victims believe him to be the murderer," Legwell said.

Farouk Abou-Eissa, head of the Cairo-based Arab Lawyers Union was a panelist at the opening session. With the results of the appeal process still pending, Abou-Eissa appealed to the judges not to give in to the whims of world powers.

Some of the most damning criticisms of the trial came from Dr Hans Köchler, an official UN observer at Kamp van Zeist. Köchler told the Weekly that British and especially American pressure and political influence was brought to bear on the judges and that the trial was unfair. Köchler, a member of the International Progress Organisation, was nominated to his post by United Nations Secretary-General Kofi Annan on the basis of Security Council Resolution 1192. He is a professor at Innsbruck University in Austria.

Köchler upbraided the court for holding the suspects for an unseemly length of time. "The extraordinary length of detention of the two suspects from their time of arrival in the Netherlands until the beginning of the trial in May 2000 is a serious problem in regard to their basic human rights under European standards, in particular those of the European Convention on Human Rights," he said. The two Libyans were indicted in 1999.

Köchler also ridiculed the prosecution's grip on legal procedure. He noted the curious role played by the Libyan double agent Abdul-Majid Giaka. "The serious problem of process at Kamp van Zeist became evident when it transpired that CIA cables concerning one of the Crown's key witnesses, Giaka, were initially dismissed by the prosecution as 'not relevant.' Only later were they partially released thanks to pressure from the defence. Such incidents seriously damaged the integrity of the entire procedure. In the end, only a select few of the cables sent by the CIA to Giaka were released. Most were never made available," Köchler said. He also claimed that politics intruded into the court. The presence of government representatives of both sides in the courtroom gave the trial a highly political aura. But the official reporting of the court failed to declare this. "The presence of foreign nationals on the side of the defence team was not mentioned in any of the Scottish Court Service's official briefing documents," Köchler said.

Köchler was also concerned by the prosecution's witnesses. According to him, virtually everyone presented by the prosecution as a key witness lacked credibility, some having openly lied to the Court. Köchler was also worried about which information was released. It was officially stated by the Lord Advocate that substantial new information was received from an unnamed foreign government relating to the defence's case. But the content of this information was never revealed. "Foreign governments or secret government agencies may have been allowed, albeit indirectly, to determine which evidence was made available to the Court," Köchler said.

Many questions are still unanswered. It is unclear, for example, why the defence team suddenly dropped its "special defence" and cancelled the appearance of nearly all defence witnesses. Köchler says that defence lawyers were unavailable for comment on this crucial matter. Summing up his views of the trial, Köchler said, "The verdict was based on circumstantial evidence and on a series of highly problematic inferences. There is not one single piece of material evidence linking the two accused to the crime." Finally, Köchler called the court's decision that Al-Megrahi was guilty, "arbitrary and irrational." In conclusion Köchler had grave misgivings about the trial. He thought that it was unfair; that it was not conducted objectively; that the legal process was opaque and that evidence may have been withheld for political reasons.