Showing posts sorted by relevance for query Senate Foreign Relations Committee. Sort by date Show all posts
Showing posts sorted by relevance for query Senate Foreign Relations Committee. Sort by date Show all posts

Tuesday 28 September 2010

Lockerbie and the senators

[In the context of tomorrow's session of the US Senate Foreign Relations Committee on the release of Mr Megrahi, I think it worthwhile to share the contents of a letter sent by Dr Jim Swire on 28 July 2010 to The Herald but never published.]

In April 1991, before Mr Megrahi had even been indicted, Detective Chief Inspector Harry Bell of the investigating Scottish police was on Malta, and went to interview Vincent Vassallo, manager of the airport cafe at Luqa airport (Malta).

On page 7642 of the publicly available trial transcripts, in giving his evidence Vassallo says:

"What I remember is that when they came to my office, Harry Bell asked me -- he said 'Try to remember well. You know there is a large reward, and if you wish to have more money, perhaps go abroad somewhere, you can do so.'"

So potential monetary rewards seem to have figured in the process from before even the issue of the indictments against Fhima and Megrahi which occurred at the end of 1991, and of course long before the actual trial.

Harry Bell was keeping a diary, but its contents were not divulged to the court, since he had 'left it in Glasgow', though its existence was known to the court, nor was the above allegation from Vassallo taken up by the defence nor the judges.

The contents of the Bell diaries are now in the public domain on the web. They show that DCI Bell was aware of the US reward offers of $10,000 dollars 'up front' with $2,000,000 to follow, and that Gauci, the key Maltese shopkeeper witness had become increasingly aware that money was on offer. The FBI officers involved in the case, according to Bell, did not record what role, if any, they had played in the reward scenario. The US organisation 'Rewards for Justice' however records Mr Megrahi's name as someone brought to 'justice' by their payments.

I had hoped to persuade Senator Kerry [Chairman of the Foreign Relations Committee who has, however, delegated the role in relation to the Megrahi issue to Senator Robert Menendez] to raise his sights to the question of whether Megrahi really was guilty or not. That sadly has not happened, but seems rather more important than attempting to link BP to Megrahi's compassionate release.

However perhaps the senators could re-ignite their inquiry by arranging to pay each of those they wish to interview a similar amount for flying over to give evidence to them, though for senior British poIiticians or BP CEOs they might have to request a good deal more money from their 'Rewards for Justice' source, than was on offer to a humble Maltese shopkeeper.

Man, think of the deep-fried Mars bars you could get for that sort of money.

According to my father's edition (1933) of the Shorter Oxford English Dictionary, one definition of a bribe is " A reward given to pervert the judgment or corrupt the conduct (1535)", but then I don't think there were any senators around in 1535 were there?

Seriously, the situation is that whether the senators wish to address the issue of guilt or not, someone must do so and Scotland has a problem.

Our SCCRC found that the trial might have been a miscarriage of justice, yet by withdrawing the second appeal, which had been authorised by the SCCRC's findings, Mr Megrahi has effectively blocked the obvious route to a full and honest re-examination of the whole case, since the defence materials remain his property.

We must find a route to re-assess the validity of the verdict, that route must depend on a rigorous reappraisal, under the highest standards of Scots law, but on neither politicians nor bribery.

Justice and truth are beyond price.

Wednesday 28 July 2010

Menendez at work

[This is the heading over a post by Greg Milam on the American Pie blog on the Sky News website. It reads as follows:]

British diplomats in Washington are ‘surprised’ at the rant from US Senator Robert Menendez over his aborted hearing on the Lockerbie bomber.

They had no idea that Mr Menendez was going to give the UK both barrels for, in his eyes, helping to scupper the Senate Foreign Relations Committee meeting this week.

Maybe Mr Menendez feels a little foolish that he so heavily advertised a hearing before waiting for replies to his witness invitations.

But his announcement of the postponement came perilously close to accusing the UK and Scottish authorities of having something to hide.

Some here have labelled what the committee is investigating as a ‘conspiracy theory’.

Pointing the finger at BP is a pretty easy way of earning popularity in the US at the moment but the planned hearing seemed to cross a line.

Here is the evidence: Scotland says the Lockerbie bomber was freed on compassionate ground.

David Cameron (who even changed his schedule to meet Menendez’s team) says he’s seen nothing to suggest BP played any part in the release.

Both parties have co-operated with the committee and sent over a stack of documents.

For these reasons, it is not surprising that the invited witnesses didn’t fancy a few hours of haranguing from American politicians when the answers had already been provided.

It would set quite a precedent for one country’s legislature to feel it can investigate decisions taken by another.

What the committee, and many Americans, don’t seem to like is that BP was lobbying the UK government at all.

But people in glass houses… Many Americans don’t like the lobbying money bunged at senators to stop, for example, healthcare reform.

If they want a clampdown on lobbying, there are a few senators who would see a big black hole appear in their campaign funding.

They might not like BP very much at the moment – but should it really be one rule for one and another for everyone else?

[And the following is from a post by David Hughes, the chief leader writer of the Daily Telegraph, on a blog hosted by that newspaper.]

BP has hardly covered itself in glory over the Gulf oil spill and, as predicted last week, at least one head had to roll before the oil company could start to draw a line under the business. But the mood is changing fast, not only because the company has shown that it can carry the truly colossal cost of this disaster without going down the tubes. It also appears that the slick is vanishing far faster than thought. (...)

It is against this rather encouraging background that we should view the shameless political show-boating of the US Senate in trying to haul BP’s departing chief executive Tony Hayward to Washington (along with former Justice Secretary Jack Straw and Scotland’s Justice Minister Kenny MacAskill) to interrogate them on whether BP lobbied for the release of the Lockerbie bomber, Abdulbaset al-Megrahi. Wisely, all three have told the Senate to take a running jump. There is something nauseating about this continued hounding of BP by American law-makers. They live in the most oil-dependent country on the planet yet seem obsessed with kicking the companies that have to do the dirty work of getting the black stuff into their gas-guzzlers.

BP has every right to lobby in defence of its commercial interests – are American senators saying it hasn’t? But it is the job of elected politicians – in this case the Scottish Executive – to take the decisions. Perhaps members of the Senate, so used to being manipulated by lobbyists, have lost sight of that distinction. Their attempt to make political mileage out of this should be treated with the contempt it deserves

Thursday 22 July 2010

We need a full Lockerbie inquiry

[This is the headline over an editorial in today's edition of The Herald. It reads as follows:]

It is unfortunate for David Cameron that his first official visit to the US as Prime Minister coincides with BP’s disastrous oil spill in the Gulf of Mexico.

Doubly so that a deal over drilling rights for BP in Libya has been conflated with the freeing on compassionate grounds of Abdelbaset Ali Mohmed al Megrahi, the only person convicted of the Lockerbie bombing. As a result the Prime Minister has been caught up in a wave of anti-British sentiment founded on a massive misunderstanding of the circumstances leading to his release.

Ever since PanAm flight 103 was blown apart over Lockerbie killing 270 people nearly 22 years ago the complex background to the terror attack has spawned multiple conspiracy theories. It is therefore not surprising that Americans shocked at the release of a Libyan convicted of mass murder should link his release with an agreement over the transfer of prisoners concluded between the UK and Libyan governments a few months earlier.

Even the most cynical, however, ought to be convinced [of] the genuine anger of the Scottish Government over the “deal in the desert” between Col Muammar Gadafi and Tony Blair. The decision by the Scottish Justice Secretary, Kenny MacAskill, to release Megrahi was not made under the Prisoner Transfer Agreement (PTA) but entirely on compassionate grounds on the basis of medical advice that he was not likely to live for more than around three months. The fact that he has survived for much longer than expected, although remaining terminally ill, does not negate the basis on which the decision was made, which was in accordance with a legal process that has been applied to other prisoners in similar circumstances. There was never any question of trading justice for oil and Alex Salmond’s hard-hitting letter to the Senate Committee on Foreign Relations outlining the Scottish Government’s opposition to the PTA is a necessary clarification of the basis for Megrahi’s release.

It is essential that as much documentation as possible relating to the decision to release him is made available. So far the Scottish Government has published those for which they have permission. Cameron’s decision to ask the Cabinet Secretary to review the documentation and publish what is available is welcome.

The PTA agreement, howevwer, is a different matter. BP has already acknowledged that it lobbied for an agreement but some obscurity remains over the details of the negotiations between the UK and Libyan governments. Any US senators who are not reassured by Salmond’s letter should direct their questions there.

Cameron has indicated that if any fresh concerns arise over the release he would consider an inquiry. But it is not the release of Megrahi which is at issue.

The basis of conviction is an entirely different matter. Lockerbie is unfinished business that will not end with Megrahi’s death. That can only be achieved by a wide-ranging, independent inquiry with the power to demand all the available documentation. That is what should be assessed.


[A report in the same newspaper headed "Cameron says public inquiry over Megrahi still on the table" reads in part:]

David Cameron has not ruled out a UK public inquiry into the release of the man convicted of the Lockerbie bombing as pressure mounts on both sides of the Atlantic for a full investigation.

Last night, the Prime Minister insisted that while “we should not leap to an inquiry”, he acknowledged that if the forthcoming trawl of documents by Sir Gus O’Donnell, the Cabinet Secretary, throws up new evidence about the circumstances surrounding Abdelbaset Ali Mohmed al Megrahi’s release, then “yes, we might have to look again” at holding one. (...)

Calls for an independent inquiry have been mounting over the past 24 hours.

Hans Koechler, the UN-nominated international observer at the Lockerbie trial, said: “The families of the victims deserve better and the rule of law requires more.

“The full truth of the Lockerbie tragedy must be known; the possible role of BP in the release of the only person convicted is only one of many aspects that would have to be investigated.”

He added the “real motives” of Kenny MacAskill had to be revealed and an inquiry should address why the Scottish Justice Secretary took the “unprecedented step” of visiting Megrahi in jail.

Asked about the criticism he was receiving from Obama and Cameron, MacAskill told Sky News: “It was a decision that they did not have to take and therefore they have the luxury of criticising it from the sidelines. I respect their judgments on a variety of matters but I had to deal with this matter holding true to the values of the people of Scotland, and that is why I stand by it.”

Professor Robert Black, Emeritus Professor in Law at Edinburgh University and an expert on the Megrahi case, called for a joint inquiry by the UK and Scottish Government.

He added that there should be a “broader inquiry into the whole circumstances, his conviction as well as his release”.

Jim Swire, whose 23-year-old daughter Flora died in the 1988 bombing, has written to Senator John Kerry, chairman of the US Senate Foreign Relations Committee, which will next week hold a hearing on the Megrahi case. Swire tells Kerry: “Please do not allow your determination to investigate this tragedy be thwarted by any one, it will be a tough call but we relatives have a right to the whole truth.”

In his letter to the committee chairman, Alex Salmond stresses how the Scottish Government would be willing to co-operate with any inquiry. He says: “The questions to be asked and answered in any such inquiry would be beyond the jurisdiction of Scots law and the remit of the Scottish Government and such an inquiry would therefore need to be initiated by those with the required power and authority to deal with an issue, international in its nature.”

[Yet another report in the same newspaper contains the following paragraphs:]

However, Megrahi dropped his appeal in August as he attempted to clear the way for his return home. Release under the PTA cannot be considered if there are any outstanding legal issues. However, the appeal had no bearing on his application for compassionate release, which was approved.

Jim Swire, whose daughter died in the Lockerbie bombing, said on Megrahi’s release that he would continue with the appeal on his behalf, if possible.

However, it is unlikely the appeal could move forward while Megrahi is still alive. The SCCRC would be unlikely to agree that it was in the interests of justice to proceed, when Megrahi gave up his chance to prove his innocence.

It is thought that relatives of those who died in the bombing would be well placed to take the appeal forward once Megrahi dies.

[The seven readers' letters in The Herald on the subject are well worth reading.]

Wednesday 29 September 2010

Senate asks why Lockerbie bomber was freed

[This is the headline over an article published today on the website of The Wall Street Journal. It reads in part:]

The Senate Foreign Relations Committee will hold a long-awaited hearing Wednesday that aims to find out why Scotland last year gave a controversial "compassionate release" to cancer-stricken Lockerbie bomber Abdel Baset al-Megrahi.

But the session may only widen the gulf between US politicians demanding a more detailed medical explanation of how Mr Megrahi won his freedom and Scottish officials who are declining to provide one.

A Senate staffer's fact-finding trip to Britain this month appears to have produced even more conflict between the US and Scotland, particularly surrounding the details of Mr Megrahi's prognosis and the question of whether he began chemotherapy treatments before or after he was released by the Scots.

The Senate staffer met with George Burgess, who was Scotland's deputy director for Criminal Law and Licensing at the time of Mr Megrahi's release. According to an aide to Sen Robert Menendez, (D, NJ), the senator who is heading the hearing, Mr Burgess said the convicted bomber began chemotherapy before leaving Scotland. According to the aide, the Scottish official also said it was Peter Kay, Mr Megrahi's general practitioner in the Scottish prison system, who issued the prognosis that Mr Megrahi had about three months to live—a guideline prisoners must meet to qualify for compassionate release in Scotland. That prognosis was later sanctioned by Scottish Prison Service medical administrator Andrew Fraser. The hearing stands to address both those assertions on Wednesday, the aide said.

Scotland, however, says that isn't an accurate portrayal of what was said in the meeting. Mr Burgess couldn't be reached to comment.

"It is a matter of public record that Megrahi was not on chemotherapy treatment in Scotland at any point," a spokeswoman for the Scottish government said in an email Tuesday. She added that "the responsibility to provide a reasonable estimate of prognosis was Dr Fraser's—no one else's—and therefore the prognosis was his." The spokeswoman didn't say whether Dr Kay agreed to the prognosis, or made it initially. (...)

Mr Megrahi's lawyer, Tony Kelly, said he didn't feel comfortable divulging details of his client's medical treatment. Despite the haggling between the US and Scotland over when the chemotherapy began and which doctor made the prognosis, the issue of Mr Megrahi's chemotherapy—which had been discussed around the time of his release—has added weight to the Senate's call for the release of the medical documents.

One of the primary points of inquiry for the Senate is Mr Megrahi's chemotherapy treatment, the aide to Sen Menendez said. Doctors normally wouldn't administer chemotherapy to a patient seen to be three months from death, experts have said.

Neither the Scottish government nor the UK government are sending representatives to testify at the hearing. Nor is BP plc, which has at times been accused of influencing the decision to release Mr. Megrahi to advance its oil interests in Libya. The Senate committee has said it will explore "the possible influence of commercial interests" on Mr Megrahi's release.

BP has said it lobbied to speed the passage of a Prisoner Transfer Agreement between the UK and Libya ratified in spring 2009. But the oil giant's involvement in the Megrahi case has so far been a moot point. Though Mr Megrahi applied to be transferred under that agreement last year, his application was rejected; instead, he went free thanks to a separate application under Scottish law's provision for compassionate release.

Friday 23 July 2010

Statement by Scottish Government on refusal to attend Senate hearing

[What follows is the text of a statement issued by the Scottish Government.]

First Minister Alex Salmond has written to the US Senate Committee on Foreign Relations again today following the Scottish Government's decision to formally decline the invitation for Justice Secretary Kenny MacAskill, and Director of Health and Care of the Scottish Prison Service Dr Andrew Fraser to attend a hearing in person.

The FM, in addition to information already provided, has offered to answer any additional questions in advance of the hearing, and any more that may arise from the hearing itself.

A Scottish Government spokesperson said:

"The First Minister wrote to Senator Kerry on Wednesday providing comprehensive information and assistance, which is the appropriate nature of Scottish Government involvement in the Senate Committee's hearing next week.

"Since the Lockerbie atrocity in 1988, all matters regarding the investigation, prosecution and compassionate release decision have been conducted according to the jurisdiction and laws of Scotland. Clearly, the Senate Committee has responsibility to scrutinise decisions taken within the US system, and Scottish Ministers and public officials are accountable within the Scottish Parliament system. That is the constitutional basis of our democracies.

"The Scottish Parliament's Justice Committee has already undertaken a full inquiry into the decision on compassionate release, and the Westminster Scottish Affairs Committee has also examined the issue in terms of the formal inter-governmental relations that exist within the UK. That is right and proper.

"The focus of the Senators' concern has been any role played by BP in decisions on Al-Megrahi, and we have stated categorically to Senator Kerry that there was no contact of any kind between the Scottish Government and BP.

"In addition to the extensive information already provided, we have written to Senator Kerry again today and offered to answer any additional questions in advance of the hearing, and we would also be very happy to answer formally and in writing any more questions that may arise from the hearing itself.

"In that constructive spirit, we have also given the Committee permission to have the First Minister's initial letter to Senator Kerry, containing substantive information, entered into the hearing's record."

"If any matters emerge concerning the Scottish Government from the UK Cabinet Secretary's upcoming trawl of papers, we would also be happy to respond as necessary.

"We reiterate, however, that the only relevant material held by us and not yet published is information provided by or concerning the US and UK administrations - which we would like to publish in the interests of openness and full disclosure."

Wednesday 4 August 2010

Rottweiler Alex is right to stand up to American bullies

[This is the headline over an article in today's edition of The Press and Journal by columnist Nicola Barry. It reads in part:]

You have to hand it to Alex Salmond. Yes, OK, at times the first minister can be loud, irritating, bumptious even, but, when the knives are out and the going gets tough, he is never afraid to stick his head above the parapet.

Scotland’s first minister has delivered a right royal raspberry to the US over the al Megrahi and BP affair. Not before time. Instead of skulking around, furiously passing the buck like many of his colleagues, Mr Salmond has said “no” to America.

No, we will not obey. No, the justice secretary will not go to America for a grilling in front of a Senate committee. Neither will Alex Salmond. There will be no grilled Salmond on the menu.

Now, had it been Tony Blair, our former prime minister, things would have been different. Mr Blair would have been at Heathrow Airport, in an instant, tail wagging furiously, on his way to Washington. Not for nothing was old Tone known as Bush’s poodle.

Alex Salmond is no one’s poodle. Rottweiler, maybe, but never a poodle. (...)

When a small country such as Scotland, with a remit as big as the al Megrahi decision, made a compassionate choice, America chose to vilify us.

In all the criticisms of the Scottish Government over the Megrahi decision, none of the American politicians has so much as mentioned the possibility of a miscarriage of justice. Why not? Because the truth does not interest them.

The wonderful Mr Salmond said there was no way the Senate foreign relations committee would be allowed to hold hearings or interview ministers in either London or Edinburgh, as it was unconstitutional and unprecedented.

He also said that the Scottish and UK governments had already answered the committee's questions by letter and supplied all the relevant documents related to al Megrahi's release on compassionate grounds. (...)

I doubt we will ever know the ins and outs of Tony Blair’s deal with Libya’s Colonel Gaddafi in the desert, back in 2004, but the fallout from that meeting lingers on into this present crisis.

Scotland, a small country, has been singled out by the US so that certain politicians over there can flex their muscles at our expense. This has gone on for some time now.

Kenny MacAskill showed a great deal of integrity by refusing to buckle under intense international pressure. He made a difficult, controversial decision off his own bat. And, by the way, the fact that an unruly bunch of Saltire-waving Libyans greeted al Megrahi on his return home has nothing to do with the Scottish Government. Also, it has to be said that the justice secretary proved Scotland was very capable of independence, because we made our own decision in the devolved area of criminal justice, and stuck to our guns.

Therefore, I respect Alex Salmond, our occasionally pugnacious first minister, for getting on his high horse and telling the US Senate that he will not be dispatching members of his government to Washington to be grilled by senators who, let’s be honest, sense there is blood in the water.

[In The Herald a letter from Jo Greenhorn headed "Leaders should be vociferous in condemning American interference in our sovereign affairs" reads as follows:]

For how much longer will the parliaments at Westminster and Holyrood tolerate interference in British and Scottish affairs by the United States?

When will we hear public condemnation of recent US behaviour from every single party leader at Westminster, including the Prime Minister, and from all opposition leaders at Holyrood? It really is time the gloves came off.

The US has now crossed many lines in what we know is nothing more than a blatant attempt by four insignificant politicians there to use the recent oil spill, and the involvement of BP in that matter, to rustle up some votes ahead of their elections later this year.

They are now breaching not only diplomatic protocol but sailing dangerously close to disregarding the right of every sovereign country, under UN regulations, to manage its own business. What next? Will they invade?

The Herald is to be congratulated for supporting the approach taken by Alex Salmond in dealing with the increasingly bizarre behaviour of the US in a recent powerful editorial on the subject.

It is a pity Iain Gray, Annabel Goldie and Tavish Scott would not do the same, regardless of their feelings about the release of Abdelbaset Ali Mohmed al Megrahi last year. This is no time for party politics, and their silence is something all Scots should view with alarm. Ultimately, they should condemn outright what the US is doing by openly interfering in British and Scottish business. They should also be supporting calls from The Herald and elsewhere for a full investigation into Lockerbie.

If the Americans want an inquiry, let’s give them one, but let’s make it worthwhile. Let’s investigate Lockerbie from start to finish, including the public doubts expressed by the Scottish Criminal Cases Review Commission regarding Megrahi’s original trial and conviction. Megrahi’s appeal may be gone but the findings of the SCCRC are still on record and they will not go away.

Saturday 24 July 2010

The Libya investment firm and the release of the Lockerbie bomber

[This is the headline over a report on the Telegraph website. The following are excerpts.]

The terraced house just around the corner from the American embassy in London looks like most in the affluent street. Tall and elegant, only the shiny brass plaque gives a clue to what lies beyond the black front door.

The name reads Dalia Advisory Limited, a company established by Libyan businessmen just a week after the country's officials were told the Lockerbie bomber Abdelbaset al-Megrahi was being considered for release on compassionate grounds.

Dalia Advisory is in fact a "front" for the Libyan Investment Authority (LIA), a sovereign wealth fund with £80 billion, to invest in Britain and beyond. The Georgian town house, bought for £6 million, is, ironically, only a few yards from the US Embassy in Grosvenor Square.

Senior business sources have told The Sunday Telegraph that had Megrahi died in a British jail, the LIA would have taken its vast sums elsewhere. "If Megrahi had perished in Scotland, we would have become a pariah state as far as the Libyans were concerned," said one source.

Oliver Miles, a former ambassador to Libya and now deputy chairman of the Libyan British Business Council, said: "At the time of his release everyone knew that if he died in a Scottish jail, it would be bad for our relations." (...)

However long Megrahi now survives, the fact is business between Britain and Libya is currently booming. British exports to Libya are now double what they were a year ago while imports from Libya have risen three fold. In the first two months of this year alone, the UK exported £110 million of goods and services.

In Washington this week, the timing of the establishment of Dalia, run by an associate of Libyan leader Colonel Muammar Gaddafi's favourite son Saif, will come under the scrutiny of the powerful Senate Foreign Relations Committee at a wide-ranging hearing into the release.

Angry US politicians and victims' families are convinced that Megrahi – convicted of the murder of 270 people, 189 of them Americans, when Pan Am flight 103 was blown up over Lockerbie in Dec 1988 – was allowed home to ease oil and business deals between Libya and Britain.

There is particular focus on the role of BP, already on America's most hated list because of the Gulf of Mexico oil spill. In the US, the company is prime suspect in masterminding the release – although the British and Scottish governments and BP have all denied this.

And US-British relations are heading for a fresh crisis over the Megrahi affair as it appears that none of the five invited British witnesses will attend Thursday's hearing. (...)

BP is to expected to send a senior executive but not the two men requested by senators – Tony Hayward, the beleaguered chief executive who may be about to leave the company, and Sir Mark Allen, the former MI6 agent who acted as a go-between for British and Libyan authorities. (...)

Speaking in a personal capacity, Mr Miles believes the American senators are conducting a "kangaroo court". He said: "They have already decided BP are guilty but they haven't got any evidence to say that." (...)

American anger is only compounded by the tone from Tripoli. Megrahi's wife Aisha, a schoolteacher, said: "Abdelbaset was a political prisoner who paid with ten years of his life to support his country. Libyans are perfectly right to celebrate his return to his family." And his eldest brother Mohammed added: "The public response is not a political one, but a show of support for someone who is much loved." (...)

Dalia was incorporated, according to Companies House records, on July 14 last year. A week earlier, at a meeting between Scottish and Libyan officials, Mr MacAskill first discussed the possibility of Megrahi being released on compassionate grounds rather than under PTA. [Note by RB: This wording gives the impression that, out of the blue, Kenny MacAskill raised the possibility of compassionate release with Libyan officials. This is arrant nonsense. The compassionate release option had been discussed in the media and was familiar to Libyan officials long before their meeting with Mr MacAskill.] BP's lobbying for the PTA – which was holding up ratification of a Libyan oil exploration deal – is at the centre of the US senate hearing next week.

Sunday 12 September 2010

Alex Salmond accuses US Lockerbie bomber inquiry of lacking credibility

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

Alex Salmond has cut off communications with US senators investigating the release of the Lockerbie bomber after denouncing them for twisting the evidence he has submitted.

In an angry letter to the Senate’s foreign relations committee, which is conducting the inquiry, the First Minister said their behaviour “calls into question your ability to conduct any credible and impartial investigation.”

Mr Salmond accused the senators of selectively quoting from Scottish Executive documents to create the “contrived” illusion the release was influenced by British commercial interests.

He also said they were “unable or unwilling to understand” that the terminally-ill bomber was freed on compassionate grounds, and not under a controversial prisoner transfer agreement (PTA) between Libya and Britain.

The First Minister concluded by saying he was “drawing a line” under his correspondence with them and would not attend a meeting with the senators’ representative, who is due to arrive in Scotland this week.

But Richard Baker, Scottish Labour justice spokesman, said he would use his talks with the official to call for the publication of the bomber’s medical reports. (...)

In a letter sent to Mr Salmond last month, on the first anniversary of the release, Senator Robert Menendez, the committee’s chair, cited five occasions on which commercial pressures were put on Mr MacAskill.

But in his reply, the First Minister branded the committee’s evidence “circumstantial”, adding: “This seems to be a considerable weakening of your original position, but is still totally wrong”.

He said senators had selectively quoted from evidence provided by his administration, without making clear the decision was made on judicial grounds alone.

“To then accuse the Scottish government of selectively publishing correspondence … significantly undermines your credibility,” he added.

Mr Salmond said there is evidence BP’s interests influenced the PTA, but he had opposed the British Government signing the deal in 2007. In contrast, he told the senators: “You were silent”.

He argued his administration’s opposition to the PTA, and Mr MacAskill’s rejection of Libya’s application for Megrahi to be released under the agreement, “fatally undermines your line of argument”.

To get around this, the First Minister suggested the senators have “conflated” the bomber’s failed PTA application and the successful bid for him to be released on compassionate grounds.

Despite his attempts to make clear the distinction, Mr Salmond wrote: “You seem unable or unwilling to understand the nature of these separate legal processes.”

He said this failure to “accept these irrefutable and well-evidenced facts … calls into question your ability to conduct any credible and impartial investigation into these matters.”

Mr Salmond said “appropriate officials” would be made available to the committee’s representative but ministers will not attend.

[The treatment of this story in The Herald of Monday 13 September can be seen here; and The Scotsman's here.]

Friday 1 July 2011

Key US Senate panel votes to authorize Libya role

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

A key Senate panel voted Tuesday to authorize the US military role in the NATO-led campaign against Libyan strongman Moamer Kadhafi's forces but forbid the deployment of ground troops.

The Senate Foreign Relations Committee backed a resolution green-lighting the US role for one year by a 14-5 margin after rejecting an attempt by Republican Senator Richard Lugar to end direct US combat strikes on Libyan targets.

The panel's actions came amid a bitter political dispute over whether President Barack Obama should have secured congressional permission to take part in the three-month-old campaign.

Democratic Senator John Kerry told AFP he hoped the full Senate could take up the measure this week. (...)

The panel also approved an amendment urging the president to press any successor government to Kadhafi's regime to cooperate in a new investigation into the Lockerbie bombing.

[Any new investigation would, of course, be welcome. But to be meaningful it would require to extend much further than the role, if any, that Libya may have played. I very much doubt if such a broad-based investigation would be welcomed by either the US or UK governments.]

Thursday 25 September 2008

US lawmakers block ambassador to Libya over fund

Reuters reports that the confirmation of the United States ambassador to Libya has been blocked in the Senate until the last payment of compensation is actually made to the relatives of those killed at Lockerbie. The report reads in part:

'On Wednesday, U.S. Sen. Frank Lautenberg of New Jersey put on hold the nomination of diplomat Gene Cretz to become Washington's envoy to Libya until American victims were paid from a fund agreed on last month by both countries.

'"Libya has not yet satisfied its obligations to U.S. victims of its terrorist acts and I will object to this nomination's moving forward until those victims receive justice," said Lautenberg, a Democrat.(...)

'Appointing a U.S. ambassador was seen as one of the rewards for Libya giving up its weapons of mass destruction program in 2003, which led to a warming of ties between the former foes.

'Relatives of the Pan Am victims welcomed the Senate foreign relations committee's decision.

'"The committee's action ... has sent an unequivocal message to the administration and Libya that the Senate will not appoint a U.S. ambassador until Libya has fulfilled the agreement," said a statement from a group of families.'

The full report can be read here. I am grateful to Big David for drawing this story to my attention.

Monday 26 July 2010

US may release Lockerbie files

[This is the headline over a report in The Herald by UK Political Editor Michael Settle. It reads in part:]

The US Government is deciding whether to release all of its Lockerbie files, after Alex Salmond called for full disclosure – including details of the contacts between the UK Government and BP.

With a Senate hearing just four days away, the focus is beginning to fall on the exchanges between Washington, Edinburgh and London in the run-up to the release of Abdelbaset Ali Mohmed al Megrahi, the man convicted of the Lockerbie bombing.

Louis Susman, the American ambassador to Britain, stressed the US Government is examining whether its correspondence over Megrahi could be released. “We will come up with a decision later on in relation to the hearing,” he said.

Salmond, meanwhile, noted the previous UK Government’s exchanges with BP were “more extensive than anyone had hitherto thought”. The First Minister was referring to a seven-page letter sent at the weekend to the Senate Foreign Relations Committee by William Hague, the UK Foreign Secretary, confirming BP had met the former Labour Government five times in October and November 2007 over fears that disputes about a prisoner transfer agreement could damage its oil exploration contracts with Libya.

However, Hague emphasised this was a “perfectly normal and legitimate practice for a British company”, and said there was no evidence to corroborate the allegation BP was involved in Justice Secretary Kenny MacAskill’s decision to release Megrahi on compassionate grounds.

In the autumn of 2007, Jack Straw, the former UK Justice Secretary, had at least two telephone calls from Sir Mark Allen, a former MI6 agent and a BP consultant. It has been suggested the oil giant, which a few months earlier had signed the “deal in the desert” with Tripoli, worth almost £600 million, was concerned that any delay in the prisoner transfer agreement between Libya and the UK could damage its commercial interests. (...)

Salmond said: “Just as I would say it would be helpful for the US to publish all the correspondence, the present Prime Minister is right in saying he is going to publish all that correspondence as well. When all that is published, the position of the Scottish Government will be vindicated.

“We’ve acted throughout with total integrity.” (...)

Elsewhere, a leaked memo has shown that while the US Government did not want Megrahi released, it made clear that compassionate grounds were “far preferable” to his transfer to a Libyan jail.

This seems to fly in the face of the statement last week by Barack Obama that America had been “surprised, disappointed and angry” about the release.

Susman said: “We had a mutual understanding with the British Government that if he was tried and convicted he would serve his entire sentence in Scotland.

“The fact [MacAskill] made a decision on compassionate grounds to release him was something we were not in favour of.”

Friday 10 September 2010

US ambassador hits back at cardinal over Megrahi release

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

One of America's most senior diplomats last night issued hard-hitting criticisms of the Scottish Government and a senior Catholic cardinal when he spoke in Glasgow last night.

Louis Susman, US ambassador to the UK, strongly condemned justice secretary Kenny MacAskill's decision to release Abdelbaset Ali Mohmed Al Megrahi, the Lockerbie bomber, and made the pointed remark that America was "not a vengeful nation" in reference to recent comments made by Cardinal Keith O'Brien, the leader of Scotland's Roman Catholics.

Speaking at a CBI dinner in Glasgow, Mr Susman said: "We have said repeatedly we respect the right of the Scottish Government to make the decision, but we felt that the heinous nature of the crime did not justify the release under any circumstances.

"We agree with Prime Minister Cameron who said that Megrahi should not have been shown compassion when he did not show any himself.

"The fact that Megrahi lives on as a free man, 13 months after his release, in Libya, in luxurious surroundings, only reinforces our conviction that he should have served his sentence in Scotland. America is not a vengeful nation as some have said."

His last remark was seen as a pointed response to statements from Cardinal O'Brien. Last month the cardinal criticised America's "culture of vengeance" and told US Senators they had no right to question the standards of Scotland's justice system over the release of the Lockerbie bomber. (...)

In his remarks, Cardinal O'Brien condemned the American justice system and spoke of a "conveyor belt of killing" in its use of the death penalty. (...)

He said the US senators seeking to question Scottish and British government ministers should instead "direct their gaze inwards".

The Cardinal also backed Mr Salmond's decision not to send his ministers to the US for a Senate hearing, saying that Scottish ministers are answerable to Scots and not to the US. He described the decision as "thoughtful and considered". (...)

MacAskill rejected Megrahi's application to be released under a Prisoner Transfer Agreement negotiated by the UK government and Libya.

It emerged subsequently that the Libyans had delayed signing an oil deal with BP in order to pressure Megrahi to be included in the agreement, which the then UK justice secretary Jack Straw subsequently agreed to.

The revelations prompted the US Senate's Foreign Relations Committee to launch a hearing into the release.

Both MacAskill and Straw were asked to attend, but both declined on the grounds they did not answer to a foreign legislature. The senators have now declared they may visit Scotland later this year to speak to MacAskill and Straw here.

[The Herald's report of the ambassador's speech can be read here.

A letter from Ruth Marr in The Herald of Saturday, 11 September contains the following:]

Abdelbaset Ali Mohmed al Megrahi must feel that he is encircled by vultures. The latest to complain that he has not met his three-month deadline is the American ambassador to Britain, Louis Susman., speaking at the CBI Scotland’s annual dinner.

Tuesday 31 August 2010

BP boss again rejects US Senate request to appear at Lockerbie hearing

[This is the headline over a report on the website of The Tripoli Post, Libya's English language daily newspaper. It reads in part:]

The outgoing chief executive of BP has refused US officials' requests to appear at a hearing next month over the release of the Libyan man convicted of bombing Pan Am Flight 103 over Lockerbie.

Tony Hayward told Senator Robert Menendez, a Democrat, in a letter that he is focusing on ensuring a smooth transition of leadership at the company and will be unable to testify.

The Senate Foreign Relations Committee is looking into whether the British-based oil company had sought Abdelbaset Al Megrahi's release to help get a $900 million exploration agreement with Libya off the ground.

In the letter, obtained by The Associated Press, Mr Hayward noted that UK and Scottish officials said they found no evidence that BP played a role in Al Megrahi's release.

He said BP has nothing to add to those statements. (...)

Al-Megrahi, a Libyan citizen, unfairly served twelve year of a life sentence as a result of miscarriage of justice when a Scottish make-shift court unjustly accused him of involvement in the Dec 21, 1988, bombing, which killed all 259 people on board, most of them Americans, and 11 people on the ground.

In August of last year, Scotland's government released the cancer-stricken man on compassionate grounds and he returned to Libya.

For reasons unclear yet the US Senate is putting much pressure on Britain and Scotland, and with no respect to this state's sovereignty, as to persecute [sic] their former and current officials who may have any relation with the release of the Libyan man from prison.

Tuesday 14 September 2010

Justice officials to meet US senate team over Lockerbie

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

US senate officials investigating the release of the Lockerbie bomber are to hold talks with the Scottish government in Edinburgh on Thursday.

The team, representing Senator Robert Menendez, will meet Scottish justice officials. (...)

Opposition members of the Scottish Parliament will also meet with the American delegation.

The investigators are preparing a report for the US senate's foreign relations committee which is due to hold a hearing on Capitol Hill later this month.

It launched an inquiry amid claims - denied by the Scottish and UK governments - that Megrahi's release was linked to an oil deal.

[This report, for some reason best known to the BBC (unlike the report on the BBC News Arabic website) does not mention that the Scottish Government has refused to allow the investigators to interview ministers; and that the UK Government has declined to allow either ministers or civil servants to meet them. The investigators are Andrew Gounardes, legislative aide for investigations to Senator Menendez, and legislative counsel Hal Connolly.]

Sunday 18 July 2010

Tory MP calls on PM to hold inquiry into Megrahi release

A Tory MP has made a fresh call for a full public inquiry into the release of the only man convicted of the Lockerbie bombing.

The chairman of Westminster's all-party group on Libya, Daniel Kawczynski, has written to the prime minister.

He urged David Cameron to hold Scottish ministers to account for their decision to allow Abdelbaset al-Megrahi home to Libya on compassionate grounds.

The Scottish government said an inquiry had already been held. (...)

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.

The Scottish government denied having any contact with BP before its decision.

A spokesman for Scotland's First Minister Alex Salmond said the Scottish government had opposed the PTA between the UK and Libya, which was brokered by former prime minister Tony Blair.

The spokesman said Megrahi had been released on compassionate grounds.

"If the US Senate wants to get the truth about the 'deal in the desert' by the UK and Libyan governments in 2007, they should call Tony Blair to give evidence," the spokesman said.

"Blair was its architect - he would be the one who knows about an oil deal.

"Kenny MacAskill rejected Libya's prisoner transfer application for al-Megrahi and he based his decisions on both the PTA and the compassionate release application on strict justice criteria."

The spokesman added: "We have of course had an inquiry in the Scottish Parliament, and also by the Westminster Scottish Affairs Select Committee, which was very critical of the UK government for keeping Scottish ministers in the dark about Tony Blair's deal in the desert on a prisoner transfer agreement with Libya."

[From a report on the BBC News website.

I wonder precisely what powers Mr Kawczynski believes the Prime Minister (or, indeed, the UK Government) has to "hold Scottish ministers to account" in respect of a function (deciding on the compassionate release of a prisoner in a Scottish jail) that the law of the land confers upon the Scottish government. Or is this just a case of a British MP wanting to demonstrate that he can be just as daft and uninformed and publicity-hungry as a US senator?]

Wednesday 30 July 2014

Disgraceful behaviour and an inexplicable decision

[At the end of July four years ago, the US Senate Foreign Relations Committee was posturing with a hearing into the release of Abdelbaset Megrahi. Here is an excerpt from a post on this blog on 30 July 2010:]

[A letter in today's edition of The Herald from Iain A D Mann (...) reads as follows:]

It is becoming clearer by the day that an independent judicial inquiry is now essential into all the events surrounding the PanAm 103 disaster and the subsequent conviction of one person, the Libyan Abdelbaset Ali Mohmed al Megrahi, for the crime ...

The pathetic attempt by some US Senators to investigate this deeply complex matter in one afternoon session, by grilling a few foreign politicians on the basis of misguided assumptions and misunderstood facts, underlines how important it now is to have such an inquiry in the United Kingdom (or Scotland) under proper judicial conditions.

If a public inquiry continues to be refused by those in authority, the alternative is to find some way to re-open Megrahi’s second appeal in the Scottish courts. I cannot believe that the Scottish Government and/or the Scottish Justice Department could not devise some way of achieving this if they really wanted to. It pains me to say so, but I believe that the original trial in Camp Zeist, before three High Court judges with no jury, was not the finest hour of our much-vaunted legal system. Its reputation would be repaired, and perhaps enhanced, if it were now seen to provide an opportunity for all the relevant and previously unheard evidence to be reconsidered and tested in court.

Whether that scrutiny is by a public inquiry or a court appeal process, it is imperative that this time both the UK and US governments make available all the relevant documents that they have so far disgracefully refused to disclose, on the spurious grounds of either “national security” or “not in the public interest”. The Scottish Criminal Cases Review Commission, after an exhaustive three-year investigation, reported no fewer than six possible reasons for a possible miscarriage of justice, and these must be properly examined and tested judicially.

I am sure there are many like me who want to prove to the world that our country – Britain and Scotland – is still a true democracy, where justice is not denied or distorted by those in authority for whatever misguided reason. The families of all the 270 victims of the PanAm atrocity deserve to know the whole truth and nothing but the truth.

[A letter from Tam Dalyell in today's edition of The Scotsman reads:]

... Alex Salmond and his justice secretary should travel to Washington to blurt out the unpalatable truth; namely that their decision to release Mr Megrahi had nothing whatsoever to do with BP, compassion or legal precedent.

It had everything to do with avoiding an appeal which would have revealed the delaying and disgraceful behaviour of the Crown Office over 21 years, the "inexplicable" (the UN observer's word) decision by the judges at Zeist and the shortcomings in Mr Megrahi's original defence, not to mention the involvement of the American government in scapegoating Libya, for the crime that was carried out by Jibril, Abu Talb and the PFLP-GC.

The Americans should now be told that the motive for Mr Megrahi's release was the avoidance of the humiliation of Scottish justice in the eyes of the world.

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."

Thursday 22 July 2010

Scots won't testify to Congress about Lockerbie bomber's release

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

Top Scottish officials have declined an invitation to appear before a Senate panel investigating allegations of fraud and corporate pressure that may have led to the release of convicted Lockerbie bomber Abdulbaset al Megrahi, ABC News has learned.

In a letter sent yesterday, Senate Foreign Relations Committee Chairman John Kerry, D-Mass, formally invited Scottish First Minister Alex Salmond and Justice Minister Kenny MacAskill to appear before a July 29 hearing on the topic, chaired by New Jersey Democrat Robert Menendez.

In response to Kerry's letter, Salmond denied the allegations levied by a group of US senators and said his letter explaining his government's position would suffice.

"I believe that I have offered all assistance that could reasonably be expected of an overseas government and respectfully decline your invitation for Scottish ministers to appear at the hearing," Salmond wrote in a letter dated today.

[A report on the Telegraph website contains the following:]

Susan Cohen lost her only daughter, Theodora, in the bombing. Speaking from her home in New Jersey, she said: “This is just the sort of stonewalling governments do.

“He doesn’t want to be asked any tough questions and see his lies unravelling. I think they want it to go away. How can they believe BP had nothing to do with it?”

Annabel Goldie, Scottish Tory leader, said: “A no-show would only fuel suspicion that they have something to hide. We need clarity, not confusion.”

Richard Baker, Scottish Labour justice spokesman, said: “Kenny MacAskill is running away from criticism as fast as Alex Salmond is running away from responsibility for the decision.

“Only Kenny MacAskill can explain his decision to release the man convicted of the worst terrorist atrocity committed on Scottish soil.”

[The report on the refusal to attend on the BBC News website also contains comments from Dr Hans Koechler.]

Friday 1 October 2010

Row sparks new Megrahi records call

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

The clash between the Scottish Government and US Senators has prompted fresh calls for the release of the medical records of the man convicted of the Lockerbie bombing.

The Labour and Tory justice spokesmen said the contradictory claims of Senator Robert Menendez and the Scottish Government had to be cleared up.

The Scottish Government has accused Mr Menendez, the chairman of the Senate Committee on Foreign Relations, of making factual errors after he accused Scottish ministers of “intentionally skewing” the reasons for freeing Abdelbaset Ali Mohmed Al Megrahi and intervening in the medical diagnosis.

A Scottish Government spokesman said: “Within due channels of accountability we have been as helpful as possible to the senator, certainly going further than the UK Government or any other group in terms of being helpful.

“We were the only organisation that gave the senator’s staffer the courtesy of a meeting, which others refused.”

After the meeting, the American official reported back that Megrahi had been receiving chemotherapy treatment for cancer while in Greenock Prison and that the three-month prognosis of how long he had to live had been signed off by a GP.

The spokesman rejected both claims, adding that it was “a matter of public record that Megrahi was not on chemotherapy treatment in Scotland at any point”. (...)

Tory justice spokesman John Lamont said: “There is a gaping contradiction between the words of the US Senate Committee and the Scottish Government. Both cannot be true.

“Either Mr Megrahi was receiving more medical treatment, so far undisclosed, or he wasn’t. The only way to deal with this is to publish the medical reports.”

Labour spokesman Richard Baker said: “The difference between the Senate’s representatives’ view of their meeting and the Government’s view is mutually exclusive and does not get us any nearer to why Megrahi was actually released.

“Only the full publication of the medical evidence will get to the bottom of this.”

The Scottish Government spokesman said it had published “everything we can, except where permission was withheld by the US and UK administrations, and all of the evidence demonstrates that the Justice Secretary’s decisions to reject the prisoner transfer application and grant compassionate release were taken on judicial grounds alone – and not political, economic, diplomatic or any other factors”.

[The same newspaper publishes two letters on the subject. They read as follows:]

It seems the mantra in the Labour Party these days is: “It’s history … move on.” We heard it at the Manchester conference: New Labour is “history … move on”; Tony Blair and Iraq are “history … move on”; Gordon Brown, Alistair Darling and the financial mess are “history … move on”.

It is surprising, therefore, that word of this does not seem to have percolated down to their Scottish justice spokesman, Richard Baker, who continues to give ammunition to, or ingratiate himself with, the US Senate committee investigating the early release of Abdelbaset Ali Mohmed al Megrahi , by querying the professional opinions of the Scottish doctors and cancer specialists whose prognosis of Megrahi’s advanced condition led to his compassionate release.

If they can say of the calls for an appeal against Megrahi’s dubious conviction: “It’s history … move on,” why, then, can Mr Baker not follow apparent Labour Party policy on the Megrahi release?

Perhaps he needs to read it in black and white. “It’s history, Mr Baker … move on.”
Donnie MacNeill, Livingston.

I hear the US senators are now describing the release of Abdelbaset Ali Mohmed al Megrahi as “incredibly flawed, if not purposefully manipulated”.

Ironically, that seems to describe the original conviction almost perfectly.
Morag Kerr, Peeblessshire.

Wednesday 18 May 2011

New Libya regime should aid Lockerbie probe

[This is the headline over a report published yesterday in the Maltese newspaper The Times. It reproduces a report that featured in one of the two disappearing posts on this blog. The report reads in part:]

The United States would "encourage" any new Libyan government to help a new investigation of the 1988 bombing of Pan Am Flight 103 over Lockerbie, Scotland, a top US official said.

"I would encourage them, we would hope that they would do that," Deputy US Secretary of State James Steinberg told Democratic Senator Robert Menendez during a hearing of the Senate Foreign Relations Committee on Libya.

But Steinberg repeatedly sidestepped Menendez's push to make US diplomatic recognition of any government to replace embattled strongman Moamer Kadhafi contingent on cooperating on a new probe into the attack.

"We share the importance that you attach to it," the diplomat said, but it would be better for Libya to do so of their own accord "rather than because we impose the commitment."

Menendez said he had met with senior Libyan opposition figure Mahmud Jibril, who handles foreign policy for Libya's National Transitional Council (NTC) and discussed the issue.

"He indicated that, once a new government is formed, that they would be willing to cooperate with the United States on a new investigation" into the Lockerbie bombing, said the senator. (...)

Scottish prosecutors, who as part of a devolved administration operate independently from the British government in London, have said that they are still investigating the bombing.

[Any genuine new investigation should be warmly welcomed. But I fear that the outcome of an investigation such as is here envisaged would be pre-determined.]