A commentary on the case of Abdelbaset al-Megrahi, convicted of the murder of 270 people in the Pan Am 103 disaster.
Sunday 21 June 2015
Inconvenient Truths
Wednesday 24 August 2011
Lockerbie: Romney, the Monroe Doctrine and justice denied?
A hundred years ago [RB: actually eighty] a legal case in Scotland swept across the world establishing her legal system in the front row of jurisprudence in the world. [Donoghue v Stevenson] Scots Law was all grown up and walking tall. (...)
Thereafter the Scottish profession, chuffed to the gutties, has over the hundred years since rather rested on the rollocks, basking in the lingering afterglow of their glory days, complacent, flabby minded and arrogant, quietly assuming that the world’s lawyers continue to turn to her for guidance in novelties in law. It was an amusing conceit, something to smile at when seeing the representatives of the profession strut their stuff at conferences abroad, an engaging foible at worst. Until, a December night in 1988 when a jumbo jet fell from the sky over Lockerbie. Here at last they thought was an opportunity to once again show the world that Scots Law was right up there at the cutting edge, a golden opportunity again to show the world how things are done.
What followed was a disaster for the reputation of Scots law. The profession was out of its depth from the get-go. The case was mishandled from the beginning, and the trial, such as it was, held in the Nederlands on specially created Scottish soil, a catastrophe. For whatever reason the profession was completely unprepared, would not listen to advice, were utterly overwhelmed by forces far greater than they had met before, and the investigation, management and trial became riddled with contentious errors. No one at any stage stood up for justice and everyone allowed themselves to be bullied into a guilty verdict. If you want the whole sordid thing in expert detail turn to Professor Bob Black’s excellent blog here. (...)
And it’s not just my opinion. Here is Hugh Miles writing in the Independent [on Sunday] on 21st December 2008. “Since the Crown never had much of a case against Megrahi, it was no surprise when the Scottish Criminal Cases Review Commission (SCCRC) found prima facie evidence in June 2007 that Megrahi had suffered a miscarriage of justice and recommended that he be granted a second appeal. If Megrahi didn’t do it, who did? Some time ago suspicion fell on a gang headed by a convicted Palestinian terrorist named Abu Talb and a Jordanian triple agent named Marwan Abdel Razzaq Khreesat. Both were Iranian agents; Khreesat was also on the CIA payroll. Abu Talb was given lifelong immunity from prosecution in exchange for his evidence at the Lockerbie trial; Marwan Khreesat was released for lack of evidence by German police even though a barometric timer of the type used to detonate the bomb on Pan Am Flight 103 was found in his car when he was arrested”.
The problems became so acute with the prisoner at death’s door, and the distinct probability of his winning any appeal dealing permanent damage to Scots legal profession that the Justice Minister Kenny MacAskill, himself a member of the legal profession, was required to go to the prisoner in person. The result was to create another legal fiction in Scots Law (a new maxim to join the snail) the concept of Compassion in Scots Law. Actions which never went anywhere near the central question of his guilt or innocence. (...)
Miscarriage of justice it might be, an embarrassment for Scotland certainly, but surely still a storm in a tea cup far from the world’s great decisions? Nothing to bother a blog on American politics surely?
But I have also written about the gradual extension of Monroe’s doctrine into international legal areas. (...) Now we see Mitt Romney the lead candidate for the GOP and a possible President of the USA, seek to overturn the due process of law in another country (and an ally at that) to unilaterally render Abdel al-Megrahi from the jurisdiction of Scotland to some unknown unstated destination. Unlawful certainly but when the reach of Scotland’s justice minister Kenny MacAskill cannot touch (or protect his ward) what is to stop them?
“It is my hope that Libya will now move toward a representative form of government that supports freedom, human rights, and the rule of law,” Romney said in his statement strickingly lacking in an appreciation of irony. Bloody rich really, but he does not stop there. “As a first step, he continued I call on this new government to arrest and extradite the mastermind behind the bombing of Pan Am 103, Abdelbaset Mohmed Ali al-Megrahi, so justice can finally be done." Which seems plain enough to me. (...)
You see, far from having been simply released as a free man to live it up in Libya as the press frequently assert, Megrahi is still subject to the Scottish legal system. He was released on license and allowed to remain in Libya. Every month Megrahi has to abide by the terms of his release and contact the Parole officers of Renfrewshire County Council who administer these matters for Greenock Prison. And, he cannot leave Libya, save with the express permission of the Scottish Justice Minister. Hello again Kenny.
So Kenny MacAskill finds himself beset by numerous different factions seeking to devour him.
1. The Scottish public, who because they do not hear the doubts or speak with professionals who know in their bones it is wrong,want him back in jail.
2. The British public who, embarrassed at the old Libyan regime making whoopee, want him back in jail.
3. Kenny MacAskill has exposed his beloved Scotland to the worst ridicule of all - that of simply being ignored and no one in this game is really listening to Scottish lawyers anymore. The profession are aghast.
4. The fact that his decision, far from protecting Megrahi, has placed him at deadly risk and by his actions Kenny Macaskill may have signed not so much an instrument of compassion, but a death warrant. As Kenny is a good man at heart this must sit heavily indeed.
5. The terror of an Appeal going ahead.
6. The terror of the Grounds of Appeal being released. This would certainly embarrass his profession, his government and the justice system in Scotland as a whole, and may very well expose American interference with the evidence and due process including bribery of witnesses and tampering with witnesses. It is certain there are an awful lot of awkward questions that want answered.
7. The crushing vice of American opinion to have Megrahi extradited and tried (even though he has been tried already). There he would face a death penalty which is not an option in Scotland.
8. Worst of all, the distinct probability that the transitional regime may themselves render Megrahi to the Americans to get him out of the country and remove a source of internal tension from their soil.
In fact looking at the options the most likely outcome that would serve everyone’s interests (except those of justice and Megrahi himself) would be that he dies. Very shortly.
Will my next post on this subject be called “Who killed Megrahi”?
[An article in today's edition of The Scotsman headlined Libya: Hunt for Lockerbie bomber amid the chaos of Tripoli deals with (a) the concerns of East Renfrewshire Council about their supervisory duties in respect of Megrahi in the current situation and (b) the calls by US and UK politicians for him to be returned to jail.
A similar article in The Herald can be read here.]
Tuesday 29 December 2015
Lockerbie trial is an historic miscarriage of justice
Wednesday 21 June 2017
When truth is inconvenient
Tuesday 30 December 2014
Tactics to reduce chances of being asked difficult questions
Tuesday 30 December 2008
Lockerbie Trial is an Historic Miscarriage of Justice
'Since the British Crown never had much of a case against Megrahi, it was no surprise when the Scottish Criminal Cases Review Commission (SCCRC) found prima facie evidence in June 2007 that Megrahi had suffered a miscarriage of justice and recommended that he be granted a second appeal.
'For 11 years, while legal proceedings were pending and throughout the trial, the British Government argued that a public inquiry into Lockerbie was not appropriate as it would prejudice legal proceedings. After the conviction, it switched tack, arguing instead that no public inquiry was necessary. But if the conviction were overturned, there would no longer be a reason to hold back. For Megrahi, this cannot come soon enough. In September, he was diagnosed with advanced terminal prostate cancer.
'The British Government is preparing for Megrahi to be transferred to Libya for the rest of his sentence. This would eliminate the risk of an acquittal and lessen the chance of a subsequent inquiry. Applications for a transfer cannot be submitted while an appeal is pending, which for the Government raises the convenient prospect that Megrahi will abandon his appeal so he can die at home. But letting Megrahi die a condemned man reduces the chance of Scottish prosecutors, the police, various British intelligence services plus many American and other foreign bodies being asked a lot of difficult questions. In November 2008, a general agreement on the exchange of prisoners was signed between Libya and Britain paving the way for such a transfer. The agreement will be ratified in January 2009.
'"The Crown and the prosecution are using every delaying tactic in the book to close off every route available to Megrahi except prisoner transfer, as this means he has to abandon his appeal," commented Professor Robert Black Q.C., the Scottish lawyer who was the architect of the original trial who feels partly responsible for the miscarriage that occurred. "It is an absolute disgrace. It was June 27, 2007 when the SCCRC released its report and sent its case back to the criminal appeal court, and here we are 18 months later and the Crown has still not handed over all of the material that the law requires it to hand over and it is still making every objection conceivable."'
The full text can be read here.
Sunday 21 December 2008
Lockerbie: was it Iran? Syria? All I know is, it wasn't the man in prison
Last week saw more than its share of stories about miscarriages of justice. But spare a thought this Christmas for the victim of the biggest miscarriage of justice in Scottish legal history, Abdelbaset Ali Mohmed al-Megrahi, the man convicted of blowing up Pan Am flight 103 en route from London to New York, 20 years ago today. (...)
Megrahi's conviction was a shocker. No material evidence was presented linking him to the bombing, let alone any evidence that he put the bomb on the plane or that he handled any explosives. Even the prosecution subsequently questioned the credibility of its star witness.
Nevertheless, keen to move on, Libya accepted responsibility for the bombing although it never accepted guilt. Gaddafi paid $2.7bn (£1.8bn) in compensation to the victims' families – $10m for every victim. The final payment was made this year. US lawyers took approximately a third of the final amount. But the economic and humanitarian price for Libya was far higher: UN sanctions over an 11-year period inflicted billions of dollars' worth of economic damage on Libya and prevented thousands of Libyan citizens from travelling abroad. (...)
Since the Crown never had much of a case against Megrahi, it was no surprise when the Scottish Criminal Cases Review Commission (SCCRC) found prima facie evidence in June 2007 that Megrahi had suffered a miscarriage of justice and recommended that he be granted a second appeal.
For 11 years, while legal proceedings were pending and throughout the trial, the British Government argued that a public inquiry into Lockerbie was not appropriate as it would prejudice legal proceedings. After the conviction, it switched tack, arguing instead that no public inquiry was necessary. But if the conviction were overturned, there would no longer be a reason to hold back. For Megrahi, this cannot come soon enough. In September he was diagnosed with advanced terminal prostate cancer.
The British Government is preparing for Megrahi to be transferred to Libya for the rest of his sentence. This would eliminate the risk of an acquittal and lessen the chance of a subsequent inquiry. Applications for a transfer cannot be submitted while an appeal is pending, which for the Government raises the convenient prospect that Megrahi will abandon his appeal so he can die at home. But letting Megrahi die a condemned man reduces the chance of Scottish prosecutors, the police, various UK intelligence services plus many American and other foreign bodies being asked a lot of difficult questions. Last month, a general agreement on the exchange of prisoners was signed between Libya and Britain paving the way for such a transfer. The agreement will be ratified in January.
"The Crown and the prosecution are using every delaying tactic in the book to close off every route available to Megrahi except prisoner transfer, as this means he has to abandon his appeal," commented Professor Robert Black QC, the Scottish lawyer who was the architect of the original trial who feels partly responsible for the miscarriage that occurred. "It is an absolute disgrace. It was 27 June 2007 when the SCCRC released its report and sent its case back to the criminal appeal court, and here we are 18 months later and the Crown has still not handed over all of the material that the law requires it to hand over and it is still making every objection conceivable."
There are, however, two obstacles to the British plan. Firstly, the decision to transfer Megrahi lies with the Scottish First Minister, Alex Salmond. Upset that the Government reached an agreement over Megrahi without consulting him first, Mr Salmond has ruled out any transfer.
Secondly, whether Megrahi dies in jail in Scotland or Libya, under Scottish law his appeal can still go ahead without him. "Any interested person can continue the case. In this case one of Megrahi's children could continue with the appeal to clear their father's name," says Professor Black. (...)
The fate of Abdelbaset al-Megrahi, however, and the tarnished reputation of the Scottish criminal justice system rest in the hand of the Scottish courts. Megrahi's acquittal, posthumous or otherwise, will undo a heinous wrong and return us to where we were 20 years ago – searching for the truth behind the bombing of Pan Am flight 103.
[From an article by Hugh Miles in today's edition of The Independent on Sunday. The full text can be read here.]
Friday 24 November 2023
The conspiracies are as plausible as the official explanation
[What follows is a review published in yesterday's edition of the London Evening Standard:]
For a disaster that happened 35 years ago, the story of Pan Am Flight 103’s destruction over Lockerbie has a very 21st-Century feel.
This bombing, which caused the deaths of 270 people over a quiet Scottish town, has a confused and controversial epilogue. Moving from the attack itself and the immediate aftermath, this four-part Sky documentary traces the hunt for the bombers and the personal and public struggles of the victims’ families.
This sense of protracted tragedy is entangled with espionage and geopolitics of the most amoral and conflicted kind, where concepts of national interest supersede individual human lives, so it was inevitable that the bombing has become a focus for conspiracy theories. That the conspiracies are as plausible as the official explanation only makes it murkier.
At 7.03pm on 21 December 1988, residents of Lockerbie in Dumfries and Galloway heard the explosion. Those out in the fields would have seen a fireball falling to earth. Those unlucky enough to have been in its path were vaporised by exploding aviation fuel.
The Boeing 747 crashed through the edge of the town spraying debris and the dead over many miles. All 259 on board died that night along with 11 on the ground. Even given the sensitivity of the producers, the cumulative grief is hard to watch and harder to forget.
Viewers have no reference point for a golf course strewn with a hundred corpses or bodies rained on to the roofs of terraced houses. The image of a red suitcase embedded in Scottish mud and the sound of screaming families at JFK airport conveys the unimaginable.
The intimate stories begin with the families and Lockerbie residents, traumatised yet finding an odd comfort in communal loss. Among them is the English doctor Jim Swire, who has spent his life since the crash in pursuit of the truth about those responsible for the death of his 23-year-old daughter Flora.
Swire’s grief evolves into obsession (in 1990 he smuggled a fake bomb on to a flight to New York to prove the inadequacy of Heathrow security) and his testimony, including how his interpretation of events changed over time, provides the moral frame of the film and a necessary touchstone of human dignity and love amid realpolitik at its most cynical.
The film talks to FBI agents who began their investigation at the end of a decade of state-sponsored terrorism linked to anti-American regimes in the Middle East. The agents are led away from the prime suspects, Iranian proxies the Popular Front for the Liberation of Palestine-General Council (PFLP-GC), towards Libyans via Malta and Frankfurt.
It had been suggested that Iran used this Palestinian group based in Lebanon (where US and UK hostages had been taken) to exact revenge for the accidental shooting down of an Iranian passenger plane by an American warship a year before, but evidence from the crime scene lead the FBI to two Libyan intelligence agents, including the man eventually convicted of mass murder by Scottish judges in a Netherlands court, Abdelbaset al-Megrahi.
For eight years the Libyan dictator Colonel Gaddafi (“Mad Dog”, as Ronald Reagan called him), refused to hand over the two suspects. Swire went to see him in an extraordinary act of recklessness. “I was pretty crazy because of the freshness of the bereavement and I’d have done anything I could.”
In Tripoli, surrounded by Gaddafi’s female bodyguards with AK47s, he showed the dictator a briefcase full of pictures of his daughter and he asked him to allow the two men to go on trial, before pinning a badge that said “Lockerbie, The Truth Must be Known” on Gaddafi’s lapel.
By the time of the trial in 2000, the consensus about who was guilty had collapsed. The CIA and the FBI operated in suspicion and sometimes outright contempt for each other, a Libyan supergrass was discredited, the shopkeeper who sold clothes in which the bomb was wrapped was paid $2m by the FBI and the Swiss manufacturer of timers allegedly used in the bomb changed his testimony at the trial.
That Gaddafi’s son Saif stated Libya accepted responsibility but didn’t admit to actually doing it does lend credence to the view that they paid $2.86bn in compensation as the price of readmittance to the global oil trade after years of crippling US sanctions.
What is left behind are two starkly defined camps who believe either justice was served or there was a cover-up – and between them are families in a state of purgatorial uncertainty. Among the politics, the film shows one of the recurring visits to Scotland of the Ciulla family from New York, who come to remember Frank Ciulla and to be reunited with the Lockerbie couple Hugh and Margaret Connell who discovered Frank’s body still strapped to his seat.
Many of these families, predominantly American, mix their anger with suspicion about the conduct of their own government. Swire says he believes the al-Megrahi trial was a sham and the PFLP-GC were responsible. Rev John Mosey from Birmingham, whose 19-year-old daughter Helga died, says he is 99.9% certain al-Megrahi was innocent. The FBI insist they got their man. An ex-CIA operative says they were wrong all along.
The moral authority of Swire is so powerful it is almost overwhelming – he is only really challenged once to which he reacts with the anger of a man who has spent more than 30 years fighting for something not yet realised. Lockerbie plays to the idea that government agencies are incapable of telling the truth, something corroding trust in institutions in the US and increasingly in Britain.
This is a poised and sensitive documentary. It’s moving in so many ways that at times it’s hard to ready yourself for the blows, even when you know they’re coming. What is left are open wounds: grief that does not rest and no sense of an ending.
Lockerbie is available to watch on Sky Documentaries and Now from 25 November