Probe into allegations of criminality in Megrahi investigation "still ongoing"

This is part of the headline over a report published in today’s edition of The Herald. It reads in part:

A three year police probe into allegations of criminality by Lockerbie investigators and prosecutors is still ongoing — 18 months after police said it had entered its “final stages”.

Police Scotland said they are still not in a position to say when Operation Sandwood, which was launched in February 2014, will be concluded and made public.

Police are investigating nine allegations of criminality levelled by campaign group Justice for Megrahi at the Crown Office and Procurator Fiscal Service, the police, and forensic officials involved in the investigation and legal processes relating to Megrahi’s conviction.

The allegations range from perverting the course of justice to perjury.

In March 2016, Deputy Chief Constable Iain Livingstone told Holyrood’s Justice Committee the report had “entered its final phase”.

However, in the latest update, which will be considered by the committee on Tuesday, police said the operation remains ongoing.

“Although in its final stages, there are certain aspects that are not fully concluded,” Police Scotland told the committee.

Committee clerks said: “Once Police Scotland’s report is completed, it will be submitted for consideration by an independently appointed Queen’s Counsel appointed by Police Scotland, before going to the Crown Office.

“Clerks continue to seek updates from Police Scotland as to a likely publication date but Police Scotland is as yet not in a position to suggest when the report will be made public.

“The Justice for Megrahi submission indicates that it believes the report will be available to the Crown Office at some stage this year.”

Justice For Megrahi’s petition to Holyrood for an independent inquiry into the conviction has remained open for nearly seven years.

On 4 July 2017, the Scottish Criminal Cases Review Commission (SCCRC) confirmed it had received a third application to review the conviction.

Justice For Megrahi said: “JfM's sole interest remains acquiring justice for the victims of Pan Am 103, their families and friends, and those whom we regard as having been wrongly accused and convicted.

“This report is central to any further analysis of the Lockerbie tragedy, is of direct significance to the ongoing SCCRC consideration of the Megrahi family's submission for another appeal and is vital if the massive stain on the Scottish Justice system is ever to be removed.

“JfM has complete confidence in the work of Police Scotland on its behalf regarding JfM's various allegations of criminality associated with the conviction of Mr al Megrahi.

“Our present understanding is that the Police Scotland Operation Sandwood Report is in its final stages and will be available to the Lord Advocate at some stage this year.”

Mr Megrahi previously applied to the SCCRC in 2003, who referred his case to the High Court for appeal in 2007 but this appeal was abandoned in 2009.

In his authorised biography, Mr Megrahi claimed Kenny MacAskill, the SNP justice secretary at the time, urged him to drop his appeal as a way of helping his compassionate release from prison — a claim the Scottish Government denied.

After Mr Megrahi’s death in 2012, a second application was made to the SCCRC on his behalf in 2014, which was rejected in 2015 as the SCCRC had not had access to appeal materials from 2007-09.

MSPs hear petition calling for inquiry into al-Megrahi's Lockerbie trial

[This is the headline over a report published in today’s edition of The National. It reads in part:]

A call for an independent inquiry into the conviction of the man jailed for the Lockerbie bombing will come before MSPs when they return to Holyrood next week.

Justice for Megrahi (JfM), a campaign group whose members believe Abdelbaset al-Megrahi is not guilty of planting the device that brought down Pan Am flight 103 in December 1988, first lodged the petition in 2010.

It has been kept open pending completion of a Police Scotland report into allegations made by them against the Crown Office and Procurator Fiscal Service (COPFS), the police and forensic officials involved in the investigation and legal processes relating to Megrahi’s conviction after his trial at the specially convened Scottish Court at Kamp van Zeist in the Netherlands.

The allegations range from perverting the course of justice to perjury. MSPs on the Scottish Parliament’s Justice Committee will discuss the petition on Tuesday.

Operation Sandwood is the Police Scotland investigation into the group’s claims. Papers lodged at Holyrood indicate that committee clerks understand that inquiries are continuing and, “although in its final stages, there are certain aspects that are not fully concluded”.

Police Scotland are not yet in a position to suggest when the Operation Sandwood report will be made public.

Once it is completed, the report will be submitted “to an independently appointed Queen’s Counsel appointed by Police Scotland before going to the Crown Office”.

Megrahi died five years ago, and the latest move comes as the Scottish Criminal Cases Review Commission (SCCRC) considers an application from his family to appeal against his conviction.

His relatives joined lawyer Aamer Anwar in Glasgow in July to lodge the appeal papers with the SCCRC.

In a letter to the committee last month, JfM said the Sandwood report was of “direct significance” to the SCCRC’s considerations.

“JfM’s sole interest remains acquiring justice for the victims of Pan Am 103, their families and friends, and those whom we regard as having been wrongly accused and convicted,” they said. “As your committee members will understand this report is central to any further analysis of the Lockerbie tragedy, is of direct significance to the ongoing SCCRC consideration of the Megrahi family’s submission for another appeal and is vital if the massive stain on the Scottish justice system is ever to be removed.”

They and Police Scotland maintained a “highly valued and constructive rapport”, the group said, adding: “JfM has complete confidence in the work of Police Scotland on its behalf regarding JfM’s various allegations of criminality associated with the conviction of Mr al-Megrahi.

“Our present understanding is that the Police Scotland Operation Sandwood Report is in its final stages and will be available to the Lord Advocate at some stage this year.”

Megrahi had previously applied to the SCCRC in 2003, when his case was referred to the High Court for appeal in 2007.

However, the appeal was abandoned in 2009, ahead of his return to Libya after being released from Greenock jail on compassionate grounds.

He died from prostate cancer in 2012, and a new application was made on his behalf in 2014, but this was rejected the following year because the commission did not have access to appeal materials from 2007-09. (...)

JfM have asked the Justice Committee to keep the petition open until the Crown Office considers the Operation Sandwood report and “any related decisions are made”.

Megrahi petition returns to Scottish Parliament Justice Committee

[Justice for Megrahi’s petition features on the agenda for the meeting of the Scottish Parliament’s Justice Committee to be held on Tuesday 5 September 2017 starting at 10.00 in Holyrood Committee Room 2. The following are (a) the committee clerk’s note on this agenda item and (b) Justice for Megrahi’s submission to the committee:]

PE1370: Independent inquiry into the Megrahi conviction

Terms of the petition

PE1370 (lodged 1 November 2010): The petition on behalf of Justice for Megrahi (JFM), calls on the Scottish Parliament to urge the Scottish Government to open an independent inquiry into the 2001 Kamp van Zeist conviction of Abdelbaset Ali Mohmed al-Megrahi for the bombing of Pan Am flight 103 in December 1988.

Current consideration

7. At its meeting on 2 May 2017 the Committee agreed, as it had at its meeting on 24 January 2017, to keep the petition open pending completion of Operation Sandwood. This is the operational name for Police Scotland’s investigation into the nine allegations of criminality levelled by Justice for Megrahi at the Crown Office and Procurator Fiscal Service, the police, and forensic officials involved in the investigation and legal processes relating to Megrahi’s conviction. The allegations range from perverting the course of justice to perjury.

8. The clerks understand from Police Scotland that the operation is ongoing and, although in its final stages, there are certain aspects that are not fully concluded. Once Police Scotland’s report is completed, it will be submitted for consideration by an independently appointed Queen’s Counsel appointed by Police Scotland, before going to the Crown Office. Clerks continue to seek updates from Police Scotland as to a likely publication date but Police Scotland is as yet not in a position to suggest when the report will be made public. (The JfM submission indicates that it believes the report will be available to the Crown Office at some stage this year).

9. The petitioners have provided a written submission (Annexe A) requesting the Committee to confirm that the petition will remain open until Crown Office consideration of the police report is complete and any related decisions are made. The submission also states, along similar lines to previous submissions, that the Petitioners continue to have regular meetings with the Operation Sandwood police team and that they have faith in the integrity and completeness of the police inquiry.

10. On 4 July 2017, the Scottish Criminal Cases Review Commission (SCCRC) confirmed it had received an application to review the conviction*. The SCCRC may refer a case to the High Court if it believes that a miscarriage of justice may have occurred and that it is in the interests of justice that a reference should be made. The SCCRC stated that it will give careful consideration to this new application, but that it will not make any further comment at this time.

11. The Committee is asked to consider and agree what action it wishes to take in relation to the petition (...), having regard to its decisions in January and in May to keep the petition open pending the completion of Operation Sandwood.

*Mr Megrahi previously applied to the SCCRC in 2003, who referred his case to the High Court for appeal in 2007; however, this appeal was abandoned in 2009. After Mr Megrahi’s death in 2012, a new application was made to the SCCRC on his behalf in 2014, which was rejected in 2015 as the SCCRC had not had access to appeal materials from 2007-09

oooOooo

Annexe A

Letter from Justice for Megrahi

25 August 2017

Justice for Megrahi submission to the Justice Committee of the Scottish

Parliament’s consideration of PE 1370 on 5th September 2017

The position of Justice for Megrahi (JfM) remains largely as was following our last communication with your good selves on the Justice Committee of the ScottishParliament (JC).

We reiterate the value we place on the continued JC scrutiny until Crown Office has considered the Operation Sandwood report and has reported on its findings. JfM's sole interest remains acquiring justice for the victims of Pan Am 103, their families and friends, and those whom we regard as having been wrongly accused and convicted.

As your committee members will understand this report is central to any further

Analysis of the Lockerbie tragedy, is of direct significance to the ongoing SCCRC consideration of the Megrahi family's submission for another appeal and is vital if the massive stain on the Scottish Justice System is ever to be removed.

Moreover, it should be added that JfM and Police Scotland continue to maintain a highly valued and constructive rapport.

In short, JfM has complete confidence in the work of Police Scotland on its behalf regarding JfM's various allegations of criminality associated with the conviction of Mr al Megrahi.

Our present understanding is that the Police Scotland Operation Sandwood Report is in its final stages and will be available to the Lord Advocate at some stage this year.

JfM wishes all members of the Justice Committee of the Scottish Parliament our very best and looks forward to being represented at your meeting on 5th September, 2017.

Political oversight of Lockerbie “really important”

[What follows is the text of a report published in today’s edition of The National:]

Campaigners who believe that the only man convicted of the Lockerbie bombing is innocent say they’re encouraged that a Holyrood committee is to “watch with interest” a planned bid by his family to clear his name.

The case is expected to go to the Scottish Criminal Cases Review Commission (SCCRC) which investigates possible miscarriages of justice, and could refer it to the appeal court.

MSPs on Holyrood’s Justice Committee agreed to keep open a petition from Justice for Megrahi (JfM) calling for an independent inquiry into his 2001 conviction for the 1988 bombing which killed 270 people.

Committee convener Margaret Mitchell said: “Recently publicity suggests that the family of Mr Megrahi will launch a bid to appeal against his conviction in the coming weeks so we will watch that with interest and see if that affects where we go from here.”

JfM member and former police officer Iain McKie told The National: “Lockerbie was under the radar with no politicians involved, but now we’ve got it in the Scottish Parliament’s Justice Committee and they are keeping it on the table.

“It’s really important that we keep political oversight of this in Scotland and we welcome news that the committee is to maintain a watching brief on Operation Sandwood and on the possible appeal.”

Lockerbie bomb families in plea to reconsider evidence

[This is the headline over a report published in today’s edition of The National. It reads in part:]

A doctor whose daughter died in the bombing of Pan Am Flight 103 over Lockerbie has said that the right of families to know the truth about what happened is being blocked by the authorities’ failure to re-examine evidence from the trial in the Netherlands, which led to the conviction of Abdelbaset al-Megrahi for the atrocity.

Jim Swire, who lost his daughter Flora in the 1988 bombing, is among a number of victims’ relatives who believe Libyan Megrahi – who died in 2012 – was innocent.

In an open letter published on the Intel Today website, he said the evidence now appears to show that the bomb was loaded on to the flight at London Heathrow and not Malta.

That was a key part of the prosecutors’ case against Megrahi at the Camp Zeist trial, which heard from a Maltese shopkeeper who said he had sold the Libyan clothing that was found wrapped around the device. (...) [RB: The full text of Dr Swire’s letter can be read here.]

Megrahi’s family said earlier this week they would pursue a further appeal to clear his name.

Meanwhile, pressure group Justice for Megrahi (JfM) is still awaiting the results of the Operation Sandwood investigation by Police Scotland into nine criminal allegations it made against police and others involved in the initial investigation and trial.

JfM member and former police officer Iain McKie, said: “We have never been in a better place for getting to the truth. Sandwood has been a dedicated investigation by Police Scotland and its final report will be a seminal document.”

A spokesperson for the Crown Office and Procurator Fiscal Service (COPFS) told The National: “The only appropriate forum for the determination of guilt or innocence is the criminal court, and Mr Megrahi was convicted unanimously by three senior judges. His conviction was upheld unanimously by five judges, in an appeal court presided over by the Lord Justice General, Scotland’s most senior judge. As the investigation against others who were acting with Megrahi in this Libyan plot remains live, it would not be appropriate to offer further comment.”

Megrahi petition on agenda for 2 May meeting of Justice Committee

[Justice for Megrahi’s petition (PE1370) calling for an independent inquiry into the conviction of Abdelbaset Megrahi features on the agenda for the Scottish Parliament Justice Committee meeting to be held on Tuesday, 2 May 2017 at 10.00 in Holyrood Committee Room 2. JfM’s written submission to the committee reads as follows:]

INTRODUCTION
As you are aware the above petition has been kept open by the Justice Committee since 8 November 2011 to allow various developments related to the Lockerbie case to be monitored by the committee.

A full record of the relevant correspondence with the Justice Committee is reproduced on the Scottish Parliament website.

In this submission JfM wishes to bring the committee’s attention to developments since the petition was last considered on 17th January 2017.

Clarification: In our submission to the 17th January meeting of the Justice Committee, JfM requested that the Committee continue its review of our petition until the Operation Sandwood, ‘police report has been fully considered by Crown Office and its conclusions have been announced.’

In their contributions at this meeting, MSP’s Stewart Stevenson and Mary Fee stated that they agreed with our request for, ‘the petition to remain open until the conclusions of Operation Sandwood have been announced.’

In a letter informing us that the petition would be heard again by the committee on 2nd May, the Deputy Clerk to the committee informed us that it had been, ‘agreed to keep the petition open pending the completion of Operation Sandwood.’

It would be helpful to clarify that as requested in our last submission, and agreed by your committee, the petition will remain open until Crown Office consideration of the police report is complete and any related decisions are made.

Crown Office: As committee members will be aware, a series of Operation Sandwood related parliamentary questions to the Lord Advocate by MSP Alex Neil have been responded to and published.

Mr Neil thereafter wrote to the Lord Advocate and received a response on 20th April. Copies of Mr Neil’s questions and the Lord Advocates answers, his letter to the Lord Advocate and the LA’s response, are attached for member’s information.

Operation Sandwood: JfM continues to hold regular meetings with the Operation Sandwood police team providing mutual updates on the enquiry process and related matters, and continues to have faith in the integrity and completeness of the police enquiry.

The submission of the police report to Crown Office has been delayed and our latest understanding is that it should be submitted in the next few months.

Megrahi Family Appeal: JfM has noted the recent publicity suggesting that the family of Abdelbaset al-Megrahi will launch a bid to appeal against his conviction in the next few weeks.

If these reports are accurate then this is a significant development for those pursuing the truth about Lockerbie.

CONCLUSION
JfM appreciates the Justice Committee’s continuing oversight of the Operation Sandwood enquiry and report.

Given the central importance of the findings of Operation Sandwood to any future prosecutions, enquiries or appeals, JfM believes it is critical, and very much in the public interest, that the committee continues to monitor these findings until Crown Office has fully considered them and announced its conclusions.

We would respectfully urge the Committee to allow Petition PE1370 to remain on the table.

A welcome departure

[What follows is an item posted on this date in 2016 on Dr Jim Swire and Peter Biddulph’s Lockerbie Truth website:]

Scotland's Lord Advocate [Frank Mulholland] is to step down from his position as Scotland's leading law officer. Click here for more…

His decision comes just days after a media conference held in Edinburgh's Dynamic Earth conference centre on 16th March, chaired by representatives of Justice for Megrahi.

At that conference there were calls for the Lord Advocate to consider his position, following a special police investigation - Operation Sandwood - into allegations of criminality [by police and prosecutors] and a key forensic witness during the Lockerbie trial of Libyan Baset al-Megrahi.

It is understood that the Operation Sandwood report will be available for consideration in approximately two months time. [RB: It is now expected later this year. Justice for Megrahi's liaison group has regular meetings with the investigation team and is confident about the rigour of the complex investigation.]

Recently in an unusual move, the National Scottish Police Force has appointed an independent QC to advise it on the Sandwood inquiry because it felt unable to ask Crown Office lawyers to assess the evidence of alleged wrongdoing against certain Crown officers.  Click here for more on this story.

Al-Megrahi was convicted in 2000 for the Lockerbie bombing, in which 259 passengers and eleven townspeople were killed by a bomb placed on flight Pan Am 103.

[RB: Frank Mulholland QC was installed as a judge of the Court of Session and High Court of Justiciary on 15 December 2016. His disgraceful comments about Justice for Megrahi’s criminality allegations gravely compromised the Crown Office’s position in relation to Operation Sandwood.]

Independent counsel to consider any Lockerbie criminality allegations

[What follows are written questions answered on 2 March 2017 in the Scottish Parliament:]

Question S5W-06844: Alex Neil, Airdrie and Shotts, Scottish National Party, Date Lodged: 02/02/2017

To ask the Scottish Government who will decide on what action should be taken arising from the findings of the Police Scotland report on Operation Sandwood.

Answered by James Wolffe QC (02/03/2017):

If there is any report submitted by Police Service of Scotland alleging criminality by named individuals, the Law Officers consider it important that such allegations in accordance with normal practice are dealt with fairly and robustly by independent counsel, supported as required by a senior Procurator Fiscal with no prior involvement in the investigation into the bombing of Pan Am 103. Independent counsel would therefore be expected to decide on what action should be taken.

Current Status: Answered by James Wolffe QC on 02/03/2017

Question S5W-06832: Alex Neil, Airdrie and Shotts, Scottish National Party, Date Lodged: 02/02/2017

To ask the Scottish Government whether it remains the case that neither the Lord Advocate nor the Crown Office and Procurator Fiscal Service personnel involved in Lockerbie-related matters would take part in the consideration of the Police Scotland report on Operation Sandwood and that an independent counsel would consider the report and, if so, who this counsel will be.

Answered by James Wolffe QC (02/03/2017):

As has been confirmed previously, in accordance with normal practice any report emanating from Operation Sandwood will be dealt with fairly and robustly by independent counsel, supported as required by a senior Procurator Fiscal with no prior involvement in the investigation into the bombing of Pan Am 103. Independent counsel will be appointed if any report alleging criminality is received.

Current Status: Answered by James Wolffe QC on 02/03/2017

Fresh look at Lockerbie report 'would honour memory of Tam Dalyell’

[This is the headline over a report by Greg Russell in today’s edition of The National. It reads in part:]

The Crown Office has been urged to honour the memory of Tam Dalyell by ensuring that a police report into criminal allegations against those involved with the Lockerbie investigation and subsequent trial is given an “objective analysis”.

Iain McKie, a leading member of Justice for Megrahi (JfM), whose members believe Libyan Abdelbaset al-Megrahi was innocent of the bombing, was speaking to The National after our sister paper the Sunday Herald published details of Dalyell’s last interview.

In it, the former Labour MP said he would go to his grave believing Megrahi’s conviction was a “massive injustice”. (...)

Dalyell, who formerly represented Linlithgow, died last week, and was convinced Megrahi was innocent.

“I had great admiration for Tam Dalyell,” said McKie. “I really respected the way he stood up for his principles, and Lockerbie of course was one of the biggest he stood up for.

“It’s a major loss when you lose someone of the integrity and standing of Tam Dalyell.”

McKie said that while the MP’s death was a loss for JfM, it would also keep Lockerbie in the public eye, although he did not think it would affect the Operation Sandwood report on the group’s nine criminal allegations against police, Crown Office officials and forensic scientists involved in the Lockerbie investigation and trial.

He said: “It’s an awful thing to say in the tragedy of someone dying, but when something like this happens it keeps whole Lockerbie case open. It says that even in death he is speaking out to people and saying he believed in the innocence of Megrahi and he continued to believe in that until his dying day.

“It won’t directly affect the police report, but I think it affects the atmosphere in which it will be received and one would hope it would make the Crown Office open their eyes for once and realise that this is an issue which does matter to people; and when they receive the Operation Sandwood report that they give it an objective and fair look, because certainly the previous Lord Advocate had made up his mind that wasn’t going to happen.”

McKie said JfM hoped that Lord Advocate James Wolffe, QC, who replaced Frank Mulholland last summer, would ensure Sandwood was considered “objectively”.

“People like Tam Dalyell have held it close to their heart for many years – and there are others like him – and the Crown Office could honour him by ensuring that the police report gets an objective analysis,” said McKie.

Meanwhile, The National understands that Megrahi’s wife Aisha is likely to lead a new appeal by the family to clear his name, and is preparing to lodge a dossier of documents with the Scottish Criminal Cases Review Commission.

The commission had ruled in 2007 that there were several grounds that a miscarriage of justice may have occurred.

The Megrahis will be backed by British relatives of those who died in the bombing.

However, Glasgow lawyer Aamer Anwar, who has represented the Megrahi family, yesterday would not comment on the move.

He said: “I can only say that things are at a highly critical and sensitive stage and it would be inappropriate to comment at the moment.”`

'The world will know he's innocent'

[This is part of the headline over an article (with pictures) by Marcello Mega in today’s Scottish edition of The Mail on Sunday. It reads in part:]

The son of the Libyan convicted of the Lockerbie bombing is launching a fresh appeal to clear his father's name and has declared: 'The world will know he is innocent.'

Abdelbaset Ali Mohmed Al Megrahi was found guilty in 2001 of planting the bomb which destroyed a Pan-Am jumbo jet over southern Scotland in 1988 – killing 270 people in the worst act of mass murder ever carried out on British soil.

Now his son Ali, backed by his family and the British relatives of those who died in the atrocity, is to ask Scottish authorities to declare his father's conviction a miscarriage of justice.

Within weeks, the son of the man who came to be known as the Lockerbie Bomber, will present a dossier of documents and new evidence to the Scottish Criminal Cases Review Commission (SCCRC).

He said: 'We believe as a family that my father is innocent. My father knew he would die one day, so he gave us all the evidence for his case and it is with me right now.

'Injustice is there to see, because there is new evidence that has never been handed to the court of Scotland or any other place.

'I want the opening of the case again, and we are ready to give all the new evidence from start to finish and the world will know that my father is innocent.

I want to tell the victims of the massacre and the people living in Lockerbie: 'I want you to give him a chance so that you will know the truth.'

‘The evidence that will be put forward to the court will show the innocence of my father.”

Megrahi's son added that the case would be re-opened 'pretty soon'.

After being found guilty of the bombing, Megrahi served his sentence in a Scottish jail.

From prison he referred his case to the SCCRC – which ruled in 2007 that there were several grounds for considering there may have been a miscarriage of justice.

But despite the apparent vindication he had received from the SCCRC, Megrahi – who had been diagnosed with terminal cancer – dropped his appeal. Soon afterwards he was controversially freed from jail on compassionate grounds and flown back to his native Libya, where he died in May 2012.

Campaigners including Dr Jim Swire, whose daughter Flora was among the passengers killed when the Pan-Am flight was blown out of the sky, tried to persuade the SCCRC to re-open the case in a bid to overturn Megrahi's conviction posthumously.

But the SCCRC ruled it could only look at the case again if Megrahi's family formally became part of the appeal process – which is now happening, the Scottish Mail on Sunday can reveal.

In November, Scottish lawyer Aamer Anwar flew to Zurich with Dr Swire to meet Megrahi's son Ali and widow Aisha to collect documents relating to the appeal and to Megrahi's estate.

Last night Mr Anwar declined to discuss the case, saying only that it was at 'a sensitive stage'.

But Dr Swire confirmed the case is progressing. He said: 'I'm starting to believe that by the 30th anniversary in December 2018, we must have progress. With Baset's family now able to prove it is on board, I really believe the justice system has nowhere to hide.

'The commission cannot go back on its findings of a decade ago that there may have been a miscarriage of justice, and there is an absolute avalanche of fresh forensic information that will destroy a case already picked apart ten years ago.'

Megrahi's oldest son, Khaled, said: 'I know that one day the truth must go out. The last words my dad said were that one day God will show the truth.' (...)

For the past three years Police Scotland has also been running an Operation Sandwood investigation into claims that Crown officials, police officers and expert witnesses acted illegally to secure Megrahi's conviction.

Yesterday the SCCRC said: 'We do not currently have an application in this case.' The Crown Office said that as papers had not yet been lodged it had nothing to say.