Showing posts sorted by relevance for query Nigel Sheinwald. Sort by date Show all posts
Showing posts sorted by relevance for query Nigel Sheinwald. Sort by date Show all posts

Sunday 11 July 2010

Senators call on Britain to probe release of Lockerbie bomber, who has outlived prognosis

[This is the headline over an Associated Press report in the Los Angeles Times of 7 July 2010. It reads as follows:]

Four US senators are calling on Britain to investigate the circumstances of last year's release of the man convicted of the Lockerbie airliner bombing.

Abdel Baset al-Megrahi was released from a Scottish prison in September because a doctor said the cancer-stricken man had only three months to live. However, the doctor later said al-Megrahi could live for another decade.

Al-Megrahi had served eight years of a life sentence for the Dec 21, 1988, bombing of the Pan Am Flight 103 as it flew from London to New York.

Democrats Kirsten Gillibrand and Charles Schumer of New York and Frank Lautenberg and Robert Menendez of New Jersey requested the investigation Wednesday in a letter to the UK's ambassador to the US.

[The reply by the UK ambassador, Sir Nigel Sheinwald, to Senator Gillibrand can be read here. The reply to the senators from the Scottish Government Counsellor, North America, can be read here.

Many other organs of the media have since picked up the story, among them BBC News and STV News.]

Tuesday 20 July 2010

Cameron: ‘Megrahi should have died in jail’

[This is the headline over a report on the STV News website. It reads in part:]

David Cameron has said Lockerbie bomber Abdelbaset al-Megrahi "should have died in jail".

The Prime Minister made the comments as he sought to calm renewed criticism in the United States of his release amid fresh questions over the role played by oil giant BP.

Mr Cameron, making his first official visit to Washington since taking office, said the decision to free al-Megrahi had been "profoundly misguided" but denied that the beleaguered oil giant had been in any way involved.

Earlier, No 10 said that Mr Cameron had now agreed to meet a group of US senators who are pressing for a new investigation into the case.

Previously, officials had said that Mr Cameron was unable to find time for talks with the senators in his "very full schedule" and had instead offered them a meeting with the British ambassador Sir Nigel Sheinwald. (...)

During a radio interview in Washington, he said: "I will say to them (the senators) that I agree that the decision to release al-Megrahi was wrong. I said it was wrong at the time.

"It was the Scottish Government that took that decision. They took it after proper process and what they saw as the right, compassionate reasons. I just happen to think it was profoundly misguided.

"He was convicted of the biggest mass murder and in my view he should have died in jail. I said that very, very clearly at the time; that is my view today.

"Of course BP has got to do everything necessary to cap the oil well, to clean up the spill, to pay compensation. I have met with BP and I know they want to do that and will do that.

"But let's be clear about who released al-Megrahi... it was a Government decision in the UK. It was the wrong decision. It was not the decision of BP - it was the decision of Scottish ministers."

[So much for the "respect" that the Tories said would characterise the new government's dealings with the Scottish government (and other devolved administrations). So much also for the policy of building bridges to the Libyan regime.]

British PM agrees to see US senators on Lockerbie

[This is the headline over an Agence France Presse news agency report. It reads in part:]

British Prime Minister David Cameron has agreed to meet during his visit to Washington with four US senators angry over the Lockerbie bomber's release, his spokesman said Tuesday.

The British embassy in the US capital had originally said Cameron would not have time to meet the lawmakers as he had a full schedule, and would instead ask British Ambassador Nigel Sheinwald to see them.

But his spokesman later said the prime minister, on his first visit to Washington since taking office in May, had changed his plans and would invite the senators for a discussion later Tuesday at the British ambassador's residence.

"The prime minister recognises the strength of feeling and knows how important it is to reassure the families of the victims," said the spokesman.

"We are happy to see them face to face and find time in the diary."

Democratic Senators Chuck Schumer and Kirsten Gillibrand of New York and Frank Lautenberg and Robert Menendez of New Jersey wrote a letter to Cameron Monday asking to meet with him to discuss the Lockerbie case. (...)

Menendez earlier described Cameron's initial refusal to meet with him and his fellow senators as "disappointing", adding that "it is critical for us to get the full story from the British government."

[Well, it certainly didn't take long for this British poodle to see the wisdom of complying with his US master's wishes.

The BBC News report on the Prime Minister's speedy volte face can be read here.]

Friday 16 July 2010

Hillary Clinton raises Lockerbie bomber concerns

[This is the headline over a report on the BBC News website. It reads in part:]

The US has raised concerns about the release of the Lockerbie bomber, after the foreign secretary said the decision to free him was "a mistake".

William Hague spoke to US Secretary of State Hillary Clinton, who said Britain may wish to explain the circumstances behind Abdelbaset al-Megrahi's release.

Four US senators believe oil giant BP lobbied for the move to secure a deal with Libya.

The Scottish government said Megrahi was freed on compassionate grounds.

It has denied having any contact with BP before its decision last year to release the Libyan intelligence officer (...)

On Thursday, the US Senate foreign relations committee said it would ask BP officials to testify after the company admitted lobbying the British government in 2007 over a prisoner transfer agreement (PTA) with Libya.

It confirmed it did press for a PTA because it was aware that a delay might have "negative consequences" for UK commercial interests.

But the firm said it was not involved in any discussions regarding Megrahi's release.

The bomber was released in August by Scottish Justice Minister Kenny MacAskill because he was suffering terminal prostate cancer and was said to have as little as three months to live. (...)

Meanwhile, Britain's ambassador to the United States, Nigel Sheinwald, also said the new UK government disagreed with Scotland's decision to free the bomber.

However, he said the inaccuracies over the case were harmful to the UK.

A Scottish government spokesman said: "The Scottish government had no contact from BP in relation to Mr Al-Megrahi.

"The issues being raised in the United States at present regarding BP refer to the Prisoner Transfer Agreement negotiated by the governments of the UK and Libya, and therefore have nothing to do with the decision on compassionate release which is a totally different process, based on entirely different criteria.

"We were always totally opposed to the prisoner transfer agreement negotiated between the UK and Libyan governments.

"The memorandum that led to the PTA was agreed without our knowledge and against our wishes."

Monday 26 July 2010

Lockerbie probe may prove uncomfortable for Obama administration

[This is the headline over a report published today on the CNS News website. The following are excerpts:]

The four Democratic US senators probing the early release of the Libyan convicted in the Lockerbie bombing believe there were links to a BP oil deal, but their inquiry may have the unintended consequence of raising questions about just how strongly the Obama administration opposed the Libyan’s release. (...)

Scottish government ministers, stung by accusations that they released Megrahi to ease a massive oil exploration contract in Libya, are pointing out that it is the US government that is blocking the release of two documents relating to the decision.

One of the documents is a demarche and letter to Scottish First Minister Salmond from deputy chief of mission at the US Embassy in London, Richard LeBaron, dated August 12, 2009, eight days before Megrahi was released.

Leaked to London’s Sunday Times this week, the letter reportedly argues that Megrahi should remain in custody – but goes on to say that if Scotland concludes he must be released, then doing so on compassionate grounds would be “far preferable” to his repatriation under a prisoner transfer agreement (PTA) which Britain negotiated with Libya in 2007. (...)

The second document which Scotland says the US is withholding permission to make public is a note of a telephone conversation between Scottish justice minister Kenny MacAskill and Attorney General Eric Holder, apparently on June 26, 2009. The contents of that note remain secret.

Edinburgh says the two documents – the LeBaron letter and the MacAskill-Holder note – were both “part of the package of advice” MacAskill had before him when he made the decision to send Megrahi home last August.

At the height of last August’s controversy, Scotland made public its correspondence relating to the matter. On August 26, it asked the US government for permission to include the two documents in those it was releasing – offering to do so in redacted form if necessary.

But in a written reply on Sept 1, LeBaron declined. (...)

CNSNews.com also asked the Senate Foreign Relations Committee whether it would request that the administration make the two documents available for its hearing into the matter, scheduled for Thursday. In response, spokesman Frederick Jones merely said the committee did not have the documents in its possession.

Edinburgh law professor Robert Black, an expert on the Lockerbie case, opined on his blog that if the LeBaron letter effectively accepted Megrahi’s release on compassionate grounds as preferable to transfer under the prisoner transfer agreement, “it is unlikely – in a mid-term election year – that the US government would consent to its release or that Democrat senators would seriously try to persuade it to do so.” (...)

Potential witnesses not known to have been called by the committee include:

-- Tony Blair, the former British prime minister whose 2007 visit to Libya included an agreement on a PTA and the signing of “the single largest exploration commitment in BP’s 100-year history.”

-- British Ambassador to the US Nigel Sheinwald, who as a foreign policy advisor to Blair accompanied him on two key visits to Libya.

-- Saif al-Islam Gaddafi, son of the Libyan leader, who played a key role in Tripoli’s political and trade negotiations with Britain. (He has traveled to the US before, and met with Secretary of State Condoleezza Rice at the State Department in late 2008.)

-- Graham Forbes, chairman of the independent Scottish Criminal Cases Review Commission, which after a four-year investigation concluded in 2007 that there “may have been a miscarriage of justice” and recommended that Megrahi be allowed to an appeal.

-- Prof Robert Black, the law expert who designed the unusual format under which the Lockerbie trial was held in the Netherlands under Scottish law. Black in 2005 called Megrahi’s conviction “the most disgraceful miscarriage of justice in Scotland for 100 years.”

-- Prof Hans Koechler, an Austrian academic nominated by the UN to observe the 84-day trial, who also believes justice was not done.

-- Robert Baer, a retired Middle East CIA operative, who has claimed that Iran was behind the bombing.

[The following are two paragraphs from a report on the CNN website:]

A pair of US senators and the families of Lockerbie bombing victims will hold a news conference Monday in Times Square ahead of this week's Senate Foreign Relations Committee hearing on the matter.

Sen Robert Menendez of New Jersey will chair Thursday's hearing on last year's release by Scotland of a Libyan man convicted in the 1988 bombing of Pam Am Flight 103 that killed 270 people. Kirsten Gillibrand of New York also is a member of the committee.

Wednesday 16 December 2015

UK-Libya rapprochement following the Lockerbie trial

[What follows is excerpted from an article headlined Gaddafi, Britain, UK and US: A secret, special and very cosy relationship that was published in The Independent on Sunday on 4 September 2011. An important event in the post-Lockerbie rapprochement occurred on 16 December 2003:]

Most of the papers were found at the private offices of Moussa Koussa, the foreign minister, regime security chief and one of Gaddafi's chief lieutenants, on Friday afternoon. (...)

Mr Koussa, who defected after the February revolution and spent time in the UK, left to take up residence in the Gulf after demands that he face police questioning over the murder of Libyan opposition figures in exile, the Lockerbie bombing and the killing of the policewoman Yvonne Fletcher. In a sign of the importance of the British connection, MI6 merited two files in Mr Koussa's office, while the CIA had only one. UK intelligence agencies had played a leading role in bringing Gaddafi's regime in from the cold.

The documents reveal that British security agencies provided details about exiled opposition figures to the Libyans, including phone numbers. Among those targeted were Ismail Kamoka, freed by British judges in 2004 because he was not regarded as a threat to the UK's national security. MI6 even drafted a speech for Gaddafi when he was seeking rapprochement with the outside world with a covering note stressing that UK and Libyan officials must use "the same script". (...)

Britain's extraordinary rekindling of relations with Libya did not start as Mr Blair sipped tea in a Bedouin tent with Gaddafi, nor within the walls of the Travellers Club in Pall Mall – although this "summit of spies" in 2003 played a major role. It can be traced back to a 1999 meeting Mr Blair held with the man hailed as one of the greatest to have ever lived: Nelson Mandela, in South Africa.

Mr Mandela had long played a key role in negotiations between Gaddafi, whom he had hailed as a key opponent of apartheid, and the British government. Mr Mandela first lobbied Mr Blair over Libya in October 1997, at a Commonwealth heads of government meeting in Edinburgh. Mr Mandela was pressing for those accused of the 1988 Lockerbie bombing to be tried outside Scotland. In January 1999, Mr Mandela, during a visit by Mr Blair to South Africa, actively lobbied the PM on behalf of Gaddafi, over sanctions imposed on Libya and the Lockerbie suspects.

UN sanctions were suspended in April 1999 when Gaddafi handed over the two Lockerbie suspects, including Abdelbaset al-Megrahi, who was eventually convicted of the bombing. Libya also accepted "general responsibility" for the death of Yvonne Fletcher. Both moves allowed the Blair government to begin the long process of renewing ties with Libya.

Within a couple of years, the issue of persuading the Gaddafi regime to turn itself from pariah into international player surged to the forefront of the British government's agenda. It was during this time, according to the documents found in Mr Koussa's office, that MI6 and the CIA began actively engaging with Libyan intelligence chiefs. But it was a key meeting on 16 December 2003, at the Travellers Club, that would put the official UK – and US – stamp on Gaddafi's credibility. Present were Mr Koussa, then head of external intelligence for Libya, and two Libyan intelligence figures; Mr Blair's foreign affairs envoy, Sir Nigel Sheinwald, and three MI6 chiefs; and two CIA directors. Mr Koussa's attendance at the meeting in central London was extraordinary – at the time he had been banned from entering Britain after allegedly plotting to assassinate Libyan dissidents, and so was given safe passage by MI6.

Mr Koussa's pivotal role at the Travellers Club casts light on how, following his defection from Gaddafi's regime during the initial Nato bombing campaign earlier this year, he was able to slip quietly out of the country. Two days after the 2003 meeting, Mr Blair and Gaddafi held talks by telephone; and the next day, 19 December, the announcement about Libya surrendering its WMD was made by Mr Blair and President Bush.

In March 2004, Mr Blair first shook hands with Gaddafi in his Bedouin tent. The pair then met again in May 2007, shortly before Mr Blair left office.

Sunday 25 July 2010

US must be open on Megrahi letter

[This is the heading over a press release issued today by the SNP. It reads in part:]

The SNP called for the US Government to give its full co-operation to the Senate inquiry and to release the documents and any information over American discussions with Libya in relation to Abdelbasset Mohmed Al Megrahi.

Responding to revelations in todays newspapers of the content of US correspondence with the Scottish Government, reports of US negotiations over the Lockerbie bomber and campaign donations to the US senators involved in the inquiry from BP organizations SNP MSP Christine Grahame repeated her call for the US Government to allow the release of documents and for the Senate investigation to call the right witnesses:

“As a newspaper appears to have obtained this document it is ridiculous that the public and the US Senate Committee are unable to see it.

“At the very least the US Government must release its correspondence with the Scottish Government to its own Senate committee and lift the embargo on Scottish Government publication. Senator Menendez has asked for this document and the Obama administration must give permission for it to be released. The families of victims on both sides of the Atlantic deserve to know the full position of the US Government on this issue.

“If this senate inquiry is to be taken seriously it must ask the right questions of the right people and along with revisiting its failure to formally invite Tony Blair and his former adviser, now UK ambassador to the US Sir Nigel Sheinwald, they should ask the US government to set out what discussions it had with Libya over Mr Megrahi and if US officials were in contact or even accompanied UK officials in discussions around the deal in the desert.”

Commenting on the revelations of significant campaign donations by BP to US Senators and senior Democrats including President Obama and Hilary Clinton and by US oil companies drilling in and around Libya SNP MSP Michael Matheson said this exposed the pure politicking around what should be an incredibly serious issue.

Commenting on the revelations Mr Matheson said

"It's astonishing that after all the rhetoric and talk of BP funds as 'blood money' that those Senators attacking BP have benefited from their donations. It exposes some of the sheer political opportunism currently being played out over the tragic events at Lockerbie and in the Gulf."

Sunday 3 September 2017

Mandela, Gaddafi and Blair

[What follows is excerpted from a long article headlined Gaddafi, Britain and US: A secret, special and very cosy relationship that was published in The Independent on this date in 2011:]

Britain's extraordinary rekindling of relations with Libya did not start as Mr Blair sipped tea in a Bedouin tent with Gaddafi, nor within the walls of the Travellers Club in Pall Mall – although this "summit of spies" in 2003 played a major role. It can be traced back to a 1999 meeting Mr Blair held with the man hailed as one of the greatest to have ever lived: Nelson Mandela, in South Africa.
Mr Mandela had long played a key role in negotiations between Gaddafi, whom he had hailed as a key opponent of apartheid, and the British government. Mr Mandela first lobbied Mr Blair over Libya in October 1997, at a Commonwealth heads of government meeting in Edinburgh. Mr Mandela was pressing for those accused of the 1988 Lockerbie bombing to be tried outside Scotland. In January 1999, Mr Mandela, during a visit by Mr Blair to South Africa, actively lobbied the PM on behalf of Gaddafi, over sanctions imposed on Libya and the Lockerbie suspects.
UN sanctions were suspended in April 1999 when Gaddafi handed over the two Lockerbie suspects, including Abdelbaset al-Megrahi, who was eventually convicted of the bombing. Libya also accepted "general responsibility" for the death of Yvonne Fletcher. Both moves allowed the Blair government to begin the long process of renewing ties with Libya.
Within a couple of years, the issue of persuading the Gaddafi regime to turn itself from pariah into international player surged to the forefront of the British government's agenda. It was during this time, according to the documents found in Mr Koussa's office, that MI6 and the CIA began actively engaging with Libyan intelligence chiefs. But it was a key meeting on 16 December 2003, at the Travellers Club, that would put the official UK – and US – stamp on Gaddafi's credibility. Present were Mr Koussa, then head of external intelligence for Libya, and two Libyan intelligence figures; Mr Blair's foreign affairs envoy, Sir Nigel Sheinwald, and three MI6 chiefs; and two CIA directors. Mr Koussa's attendance at the meeting in central London was extraordinary – at the time he had been banned from entering Britain after allegedly plotting to assassinate Libyan dissidents, and so was given safe passage by MI6.
Mr Koussa's pivotal role at the Travellers Club casts light on how, following his defection from Gaddafi's regime during the initial Nato bombing campaign earlier this year, he was able to slip quietly out of the country. Two days after the 2003 meeting, Mr Blair and Gaddafi held talks by telephone; and the next day, 19 December, the announcement about Libya surrendering its WMD was made by Mr Blair and President Bush.
In March 2004, Mr Blair first shook hands with Gaddafi in his Bedouin tent. The pair then met again in May 2007, shortly before Mr Blair left office.

Saturday 24 January 2015

Dear Muammar ... Yours Tony

The following reports in today’s editions of The Herald, The Independent and The Guardian, although not directly related to the Lockerbie case, perhaps add support to the contention that the Blair Government was determined, by hook or by crook, to secure Abdelbaset Megrahi’s return to Libya: Dear Muammar ...Yours Tony: Blair letter is latest evidence of UK-Libya links and Letter between Tony Blair and Colonel Gaddafi revealed as part of documents seized following Libyan revolution and Revealed: How Blair colluded with Gaddafi regime in secret.

From my own meetings with Libyan officials at the very highest level, I can testify that the Libyan government, as a result of its dealings with Tony Blair, Sir Nigel Sheinwald and Sir Mark Allen, believed in 2008 that the repatriation of Megrahi was a done deal. There was a distinct measure of consternation and some scepticism when I informed the Libyan officials that the question of repatriation was one for the Scottish Government, not the UK Government.  

Saturday 17 July 2010

Libyan oil official: Lockerbie wasn't part of BP talks

[This is the headline over a report on the CNN website. It reads in part:]

A top Libyan oil official on Friday denied allegations of an agreement to free the Lockerbie bomber in exchange for bolstered BP commercial interests in the country.

Britain and Libya had sparred over whether Abdelbeset Ali Mohmed al Megrahi should be included in a prisoner transfer agreement the two nations were negotiating. Under the agreement, Libyan prisoners in Britain would be transferred to Libya to serve out their sentences.

British officials and BP said the oil company's interests -- mainly, seeking a huge deal to drill for oil in Libya -- were a consideration in those talks.

In the end, al Megrahi was included in the transfer agreement, but he was never transferred to a Libyan jail. Instead, he was freed on what officials in Scotland said were humanitarian grounds separate from the agreement. (...)

"I was leading the negotiations on BP," said Shokri Ghanem, chairman of the National Oil Corp of Libya, [and a former prime minister] in an interview Friday with CNN's Richard Quest.

"I was the person who was negotiating the technical [points] and the whole agreement" for the oil company to drill off the Libyan coast, he said. "I never spoke on any political [issues], not did I accept any political interference."

Ghanem insisted Friday that the oil agreement was ratified in 2007 -- two years before al Megrahi's release. (...)

Earlier Friday, Britain's ambassador to the United States, Nigel Sheinwald, said the government believes it was wrong to let al Megrahi out of prison in August 2009 and return to his native Libya, but it was a decision taken by the Scottish executive, not the British government. Scotland has its own government that is responsible for most of the day-to-day issues there, including the justice system. (...)

The ambassador's statement came a day after the US Senate Foreign Relations Committee announced it will hold a hearing July 29 to examine whether BP may have played a role in lobbying for al Megrahi's release.

Ghanem dismissed the announcement as political posturing. "The US can do any hearing they want, this is their business," he said. "But we're a sovereign country. ... American Congress can do whatever they want, but senators, they have to give the impression they are US senators."

Sunday 18 July 2010

Did BP play a part in the release of the Lockerbie bomber?

[This is the headline over an article by Eddie Barnes in today's edition of Scotland on Sunday. It reads in part:]

Bob Monetti laughs sarcastically. "This is the story that never goes away, huh?" Just before Christmas in 1988, Monetti was preparing to welcome his son Richard back home. (...) But Richard never made it home.

Thirty-eight minutes after taking off from Heathrow Airport, he was murdered when Pan Am Flight 103 was blown up in the skies above Lockerbie.

Bob Monetti and the rest of the family drew some solace after his death from the links they formed here. "The only people who were heroes in this were the Scottish people. The people of Lockerbie were wonderful," he says. Then, just under year ago, Abdelbaset Al Megrahi - the man he is convinced killed his son - was released by Scottish ministers. His voice takes on a different tone. He sounds resigned to cynicism. "The Scots caved into the English so that these BP oil contracts could go ahead," he says. "BP does what BP does. They will make money any way they can. The thing that really has hurt is the Scottish reputation. They (the Scottish Government] have been fighting for independence and the first thing they do is cave in." (...)

The outrage felt in America last August when Al Megrahi was freed by Kenny MacAskill, the Justice Secretary, on compassionate grounds has re-emerged with a vengeance. Scottish and UK ministers are once again facing accusations of having let him go for all the wrong reasons. This week, David Cameron heads to Washington for his first talks in the White House with Barack Obama, with Lockerbie one of the issues being raised. The outcry over the case suggests that the relationship between the UK and the US is no longer quite so special. (...)

The latest burst of senatorial anger over Lockerbie does not have its roots in Scotland but in the oil-filled waters of the Gulf of Mexico. Last week, BP finally plugged the leak in its broken well off the coast of Louisiana, a full 87 days after it first exploded. (...)

Halfway around the world, it emerged that Libya had given approval for BP to start a well in the Gulf of Sirt off the African coast. With awful timing, the oil firm's 2007 deal with Libya to begin exploiting the rich reserves held by the country, was finally being realised.

This was the deal, the Americans remembered, that had been linked to an agreement between the UK and Libyan government to allow prisoners including Al Megrahi to be transferred from one country to the other. BP's oil well at the bottom of the Gulf of Mexico was not the only thing about to blow. Their sense of injustice already high as a result of the BP oil spill, senators Robert Menendez, Kirsten Gillibrand and Frank Lautenberg decided to open a new front. "The question we now have to answer is, was this corporation willing to trade justice in the murder of 270 innocent people for oil profit?" (...)

Of more interest to the senators are the stories which have emerged in the UK following Al Megrahi's release about the oil firm's alleged involvement. The company reached its agreement with Libya in late 2007, in the wake of Tony Blair's historic meeting with Colonel Muammar Gadaffi - the so-called "deal in the desert". It was here that the pair first discussed, among other things, a prisoner transfer agreement. Quite what the pair actually agreed upon is still a matter of conjecture. For the Libyans, however, the terms of the deal were clear - Al Megrahi was involved. Speaking on Libyan TV last year, Gadaffi's son, Saif al-Islam Gadaffi told Al Megrahi: "In all the trade, oil and gas deals which I have supervised, you were there on the table. When British interests came to Libya, I used to put you on the table."

BP now makes no bones that it raised the question of the prisoner transfer agreement which Libya wanted signed before the oil exploration deal was agreed. Sir Mark Allan, a former MI5 spy and a consultant for BP, lobbied former Justice Secretary Jack Straw to get the matter dealt with. A spokesman for BP said last week the firm was "concerned about the slow progress that was being made" to resolve the deal. Sir Mark contacted Straw to try to push things along. As it emerged last year, Straw was persuaded; agreeing to include Al Megrahi as part of the PTA deal. Hence the conspiracy has grown legs.

But this view of the saga has several weak points. First, as Straw himself pointed out, he never had the power to actually release Al Megrahi in the first place. So, while intelligence sources insist that Al Megrahi almost certainly came up in the Libya-UK talks, talk of a deal to release him remains fanciful, relying as it does on the improbable scenario of the UK Labour government strong-arming the SNP-led Scottish Government into doing what it wanted.

The UK ambassador to the USA, Sir Nigel Sheinwald, took the unusual step of writing to Kerry on the Senate Committee last week, urging him to effectively tone it down. "The British Government worked with British business to promote legitimate commercial interests with Libya," he wrote. "But there was no link between those legitimate commercial activities and the Scottish Executive's decision to release Megrahi."

As for that decision, no-one yet has come up with any explanation beyond the obvious one stated at the time. Despite a huge amount of correspondence being published since, there is no evidence that Kenny MacAskill was influenced by any commercial interests. He actually refused to release Al Megrahi under the terms of the prisoner transfer agreement negotiated by the British, with Alex Salmond having already made plain his opposition to it. Instead, with Al Megrahi's plea for clemency ringing in his ears, the Justice Secretary decided to show him compassion. Within St Andrew's House MacAskill's aides understand that American relatives disagree with the decision to release Al Megrahi for compassionate reasons - particularly as he remains alive. But there is frustration they are being dragged into a conspiracy in which they played no part. One senior source says: "Where were these senators in 2007 when Blair did his deal in the desert and what did they think the PTA was all about? Instead, they gave him standing ovations in the Capitol." (...)

Many come from Frank Duggan, another relative, who represents the Victims of Flight 103 group. "So the Brits are now saying it was a mistake to release Megrahi, but we didn't do it the Scots did, and that BP did lobby us but didn't mention Megrahi by name," he wrote on Friday. "Meanwhile, Gaddafi's son says we always spoke of Megrahi during the negotiations with BP. The Scots, on the other hand, say we never talked to BP, it was the Brits. And we let him go because he was clearly terminally ill. And this had nothing to do with the prisoner transfer agreement. Don't you think there are some questions to answer?"

The questions now look set to be put, with both MacAskill and Straw among those who may be called for testimony in Washington next week. But whether families such as the Monettis (...) will get the answers they have long awaited, is another matter entirely.

[The same newspaper's editorial on the subject can be read here and an article in The Independent on Sunday here.]

Sunday 25 July 2010

Lockerbie: now pressure switches to America

[This is the headline over an article in today's edition of The Sunday Herald. It reads in part:]

Pressure is growing on the US government to release secret documents which detail its position on the release of the man convicted of the Lockerbie bombing.

As the trans-Atlantic row deepens over why Abdelbaset Ali Mohmed Al Megrahi was freed from a Scottish jail last summer, the US government is being urged to drop its ban on the publication of letters it sent to both the Scottish Government and Whitehall on the issue.

The US government refused Holyrood permission to make the papers public in a strongly worded letter last September, a month after Megrahi, who has terminal cancer, was allowed to return to Libya following his compassionate release.

But the move to make the documents public took a step forward as the Senate committee on foreign affairs prepares for Thursday’s inquiry into the prisoner’s release, with chairman Senator Robert Menendez requesting that the Scottish Government provide information on Megrahi’s release in five key areas.

They include “any documents including communications to or from Scottish Government officials, relating to the US government’s position on Al Megrahi’s release or transfer to Libyan custody.”

A spokesman for the Scottish Government said last night: “We have received another letter from Senator Menendez, who will chair next week’s hearing, and who has now asked for us to provide five categories of documents relating to the case. We are more than happy to do so, and indeed have already published all we hold on this issue, with the exception of some documents where permission for publication has so far been declined.

“These unpublished documents include correspondence between the Scottish Government and the US Government, whose release Senator Menendez has now requested. We would urge the Senator and his colleagues to work with their own Government so that the remaining information we hold can be published in the interests of maximum transparency.”

The Scottish Government also denied reports that Alex Salmond received a letter from committee member Senator Frank Lautenberg, who is said to have “pleaded” with the First Minister to send a representative to the hearing to add “credibility” to proceedings.

[Another article in the same newspaper by James Cusick contains the following:]

Of all the missing pieces in the jigsaw of information on the Lockerbie bombing and its aftermath one of the most confusing is Abdelbaset Ali Mohmed al Megrahi’s decision to drop his appeal against his conviction for the greatest terrorist atrocity ever perpetrated over Scottish soil. (...)

The Scottish Government had repeatedly branded the 2007 Prisoner Transfer Agreement between the UK and Libya – brokered in Tripoli in May 2007 by the then-Prime Minister, Tony Blair, and his foreign affairs adviser, Sir Nigel Sheinwald – as unconstitutional because it took no account of Scotland’s separate legal identity from the UK Government,

For the prisoner transfer agreement to go ahead Megrahi would have had to drop his appeal. But MacAskill rejected the PTA and opted instead to release Megrahi on compassionate grounds, under the terms of which the appeal could have gone ahead as planned. Yet Megrahi opted to drop it. Why? (...)

MacAskill will have known the full facts that lay behind the SCCRC’s decision to grant the appeal. The commission produced an 800-page report of the decision taken at Camp Zeist in the Netherlands in 2001. It was a Scottish court sitting in an independent country, and heard by three high court judges. A further 14 pages offered evaluation of new evidence and new circumstances surrounding the case against Megrahi, and identified six key areas where a potential miscarriage of justice may have taken place. (...)

Perhaps the most damning fall-out from the imminent appeal process, however, is the potential shredding of the evidence used to convict Megrahi and the unanswered questions about why they were admitted to court in the first place. Other uncomfortable questions centre on why wider investigations into the background of key witnesses did not take place on any scale that would have routinely been tested in a different legal arena.

Crucial to Megrahi’s conviction was the prosecution’s ability to place him in Malta on December 7, 1988. That was the day the court identified as the date a purchase was made at Mary’s House, a shop run by Tony Gauci. Clothes bought in the Sliema shop on this specific date were said to have been in the Samsonite case containing the explosive device.

Gauci was the witness who identified Megrahi as buying the clothes from his shop, on December 7. (...) This is crucial because the Libyan’s passport states that he was in Malta at that time. But if the clothes purchase was made earlier then Megrahi couldn’t have been in Malta at the time. That is the new picture painted in the evidence reviewed by the SCCRC. Gauci’s identification of Megrahi in his shop is also questioned.

Documents also allege that at an early stage of the US-UK investigation Gauci asked for, and was given, $2m by the US Department of Justice for his contributions to the case.

Other new areas of evidence which cast doubt on the conviction included documents said to have come from the CIA which relate to the ‘Mebo’ timer that is said to have been the key device which detonated the bomb on the aircraft. Details of these documents were not given to Megrahi’s defence counsel.

The owner of the Mebo firm, Edwin Bollier, is also listed in review of the evidence as claiming that in 1991 the FBI offered him $4m to testify that the fragments of a timer found near the scene of the crash were part of a Mebo MST-13 timer which the company said had been supplied to Libya.

The truth, the whole truth and nothing but the truth is supposed to be the outcome of any legal process seeking justice. The appeal of Megrahi, had it gone ahead, suggests that Scottish justice fell short in the way it dealt with Lockerbie.

[A third article in The Sunday Herald by Tom Gordon reads in part:]

To many observers, it was the day Kenny MacAskill crossed a line. Before BP’s oil spill made it the focus for conspiracy theories, it was also the moment some felt ministers pressured a dying man to spare the blushes of the Scots legal system.

Just before 9am on Wednesday, August 5 last year, the Justice Secretary entered Greenock Prison for a meeting with inmate 55725. (...)

On May 5, the Libyan government had applied for Megrahi’s release under the Prisoner Transfer Agreement (PTA) initiated by Tony Blair.

The following month, on the advice of George Burgess, head of the government’s criminal law and licensing division, MacAskill agreed to meetings with key players in the Lockerbie case, including Megrahi.

On July 24, Megrahi made a separate application for release on compassionate grounds. (...)

MacAskill came with Robert Gordon, director of the Justice Department, and Linda Miller, from the Criminal Law and Licensing Division.

According to official notes of the meeting, MacAskill said he would be considering both applications for release “in parallel”.

After asserting his innocence, Megrahi gave a history of his case, from his surrender in 1999, to trial at Camp Zeist in 2001, up to the present day, his illness, separation from his family, and feeling of “desolation”.

MacAskill stressed he could only grant a PTA transfer if there were no court proceedings ongoing – in other words, if Megrahi dropped his appeals against conviction and sentence.

“Mr Megrahi confirmed he understood this point,” the note recorded.

However, according to one of those close to events, Megrahi wrongly took this to mean that dropping his appeals was also a pre-condition of compassionate release. It wasn’t.

“MacAskill said something stupid. He shouldn’t have mentioned the appeal at all. “[The two processes] were conflated. That’s ultimately what Megrahi took from it,” said the source.

A week later, Megrahi signalled he was dropping his appeals.

His QC, Maggie Scott, told the High Court her client thought this would “assist in the early determination of these applications”.

Note the “applications” plural. (...)

A senior legal source told the Sunday Herald Megrahi was definitely under the false impression that abandoning his appeals would help secure compassionate release.

However the Libyan may simply have calculated that with MacAskill considering the PTA and compassionate applications at the same time, ending his appeals would leave both options open rather than just one. [Note by RB: This is the correct interpretation. Mr Megrahi was very well aware that compassionate release did not require abandonment of the appeal. Equally, he knew that prisoner transfer did; and he, like his government, was still labouring under the lingering impression created by Blair and Sheinwald during the "deal in the desert" that his repatriation under the PTA was really a done deal. Release under the PTA was what was really expected, because that was what Nigel and Tony had led the Libyan government to believe.]

On September 2, by a majority vote, the Scottish Parliament declared MacAskill had “mishandled” the release decision, and that meeting Megrahi while considering his application for compassionate release was “wrong”, and an “inappropriate precedent”.

[An editorial in the same newspaper headlined "Don’t let America give us lessons in justice" contains the following:]

[E]ven if MacAskill’s decision was flawed – and that is surely a subjective opinion – there remains no evidence that BP played any role whatsoever in persuading the Justice Minister to release Megrahi. The Scottish Government has insisted it received no representations from the oil company, and that it had no contact with it. There is no evidence, or indeed any serious suggestion, that is not the case.

There is, however, plenty of evidence that the Westminster Government wanted Megrahi free and that it was lobbied by BP to pave the way for his return to Libya.

It was the Westminster Government – albeit not the present Government – that agreed the prisoner transfer agreement with Libya when Megrahi was the only significant Libyan in a British jail. It was a Westminster Government which specifically agreed not to exclude Megrahi from that agreement. And it was a Westminster Government that decided to agree a strategy of bringing Libya back in from the cold. BP has already admitted lobbying Westminster for a quick conclusion to the prisoner transfer agreement so that trade with Libya could resume. Indeed, a deal between the Libyan government and BP was signed almost immediately after the prisoner transfer agreement was approved. All this is in the public domain. It does not require an inquiry in America to establish these facts.

It was only when it became apparent that Westminister did not have the legal authority to release Megrahi that the matter landed on MacAskill’s desk. Westminster may have officially kept its wishes to itself while MacAskill was making his deliberations but there can be no doubt that it privately wished Megrahi freed. It had already agreed a deal to make that happen.

In the end, MacAskill went against the prisoner transfer agreement but instead decided on compassionate release. It is acceptable to question the wisdom of that decision. It is not acceptable to question MacAskill’s right to make it.

Yet if the events surrounding Megrahi’s death are known, there are many facts about his conviction, and in particular his appeal against that conviction, which remain shrouded in mystery.

By all means we should have an inquiry which would allow the serious doubts about the veracity of the evidence against Megrahi to be aired. But we do not need the inquiry currently being demanded and we do not need America to give us lessons in justice. Alex Salmond is right to have nothing to do with it.