Forthcoming attraction

On Thursday, 22 January 2015 at 7pm GMT, I’ll be doing a live Skype chat on Lockerbie with David McGowran in the Independence Live Events series.

A deliberate perversion of justice

What follows is an item first published on this blog seven years ago on this date:

Rewards for Justice

The Sunday Post, the Scottish Sunday newspaper with the largest readership, published the following article by Adam Docherty about payment to witnesses in the Lockerbie trial on 13 January 2008:

'The US justice department paid for evidence that helped convict Abdel Basset Ali al-Megrahi for the Lockerbie bombing.

'With the next hearing in Megrahi's High Court Appeal due to take place next month, the admission casts a dark shadow over testimony at the original trial -- and the safety of the conviction.

'The Washington DC-based 'Rewards for Justice' organisation boasts that it has paid out more than 72 million dollars to over 50 people who have provided information that prevented international terrorist attacks or have brought to justice those involved in prior acts. Included on its website, in a list of those brought to justice, is Megrahi. Due to a strict policy of confidentiality Rewards for Justice will not name the witnesses nor divulge the exact amount paid to them.

'In June last year the Scottish Criminal Cases Review Commission referred Megrahi's case back to the Court of Appeal after a three-year inquiry. They found six areas of concern and are believed to have uncovered a £2-million reward paid by the CIA to key witness, Maltese shopkeeper Tony Gauci.

'Gauci was the only witness to link Megrahi directly to the bomb, and was therefore instrumental in convicting him on 31 January 2001. Gauci told the trial that Megrahi bought clothes in his shop, which were later used to wrap the bomb.

'At the trial, Gauci appeared uncertain about the exact date he sold the clothes in question, and was not entirely sure that it was Megrahi to whom they were sold. Nonetheless, Megrahi's appeal against conviction was rejected by the Scottish Court in the Netherlands in March 2002. Five years after the trial, former Lord Advocate, Lord Fraser of Carmyllie, publicly described Gauci as being "an apple short of a picnic" and "not quite the full shilling".

'Dr Jim Swire, whose daughter Flora was killed in the 1988 bombing, is convinced that Megrahi is innocent. Yesterday he said that such huge sums offered to witnesses could encourage them to perjury.

'"Many jurists would consider that promises of money to secure 'evidence' from any individual do not accord with the principles of justice," he explained.

'"It is the timing of such promises rather the payments themselves that determine whether the 'evidence' is likely to be degraded. To many such witnesses such sums would alter their lives.

'"And such promises of money, if concealed from court -- or perhaps divulged only to prosecution -- could be considered a deliberate perversion of justice.

'"Witnesses are supposed to serve the truth. But the old Scots adage holds firm here - 'He who pays the piper calls the tune'.

'"This document gives some idea of the scale of the payments. It also removes any doubt as to whether payments were, indeed, made in this case."

The newspaper also published an article containing Dr Swire's detailed reactions to the revelations. These included the following:

'I entered the Zeist trial believing (as the British Foreign secretary had told us) that there was conclusive evidence of Libya's guilt, and none concerning the guilt of any other nation.

'This was the reason that we, the UK relatives, had made every conceivable effort, including three visits to Colonel Gaddafi, to persuade him to allow his citizens to undergo trial under Scottish criminal justice.

'Within days of the start of the trial at Zeist it became clear that fundamental requirements for the collection of evidence for a criminal trial had been breached, when the court was told that a suitcase, belonging to one of the US passengers had been removed from the crash site, by persons unknown, cut open, and then returned for the Scottish searchers to find, with some of its contents put back and even labelled with the name of the owner.

'The court accepted that the rectangular cutting into that suitcase could not have been a result of the explosion, but appeared unfazed by the possible implications for other items allegedly recovered as evidence. This had intense relevance later in the case to the question of a fragment of timer circuit board, the key forensic 'link' to the credibility of the bomb ever having started from Malta.

'There was evidence of the presence of numerous unidentified US agents roaming the site at a very early stage - a situation which the resources of the Scottish police could never have been expected to anticipate or control.

'From this unhappy start, the picture grew of how certain intelligence agencies had contributed to the assembly of much of the evidence. Intelligence services act in support of the perceived advantage of the countries for which they work: this may or may not be consistent with seeking the truth.

'Remember that for this trial there was no jury.

'Now, as you report, we have the proud exhibition by 'Rewards for Justice' in Washington DC of their use of 'more than 72 million dollars' in persuading witnesses to give evidence in terror-related cases. Former Lord Advocate, Lord Fraser of Carmyllie's, post trial assessment of the key witness, Mr Gauci, as being 'one apple short of a picnic' was not vouchsafed to the court, but can only serve now to emphasize the possibility that an offer of cash might have affected the evidence that Mr Gauci was willing to give.

'As a layman, I emerged from the Zeist hearings convinced that the verdict should never have been reached.'

Amal Clooney representing Abdullah al-Senussi

[The following are excerpts from an article published yesterday on The World Post website, hosted by The Huffington Post:]

While Amal Clooney's resumé reads like most human rights activists' wildest dreams (stints working for the UN, heads of states, and ambassadors are not easy to come by) the term "human rights lawyer" is somewhat misunderstood by the public to mean "saint." (...)

Clooney's client list includes not only the ostensible "good guys" like former UN Secretary General Kofi Annan, but also very questionable characters like the King of Bahrain and Abdullah al Senussi. (...)

Abdullah al Senussi, another one of Clooney's clients, served as Muammar Gaddafi's intelligence chief and was captured in Libya in 2011. The International Criminal Court charged him with crimes against humanity in 2011 for his role in Gaddafi's brutal government as well as the Lockerbie bombing. [RB: I can find no evidence that charges have been brought against Senussi in relation to Lockerbie.] Clooney's decision to continue to work on his defense drew some fire after she became engaged to her current spouse, as if her professional life might take a backseat to her then-fiancé's humanitarian image. Clooney's primary role in the case appears to be appealing the decision to hold the trial in Libya's domestic courts, however, claiming her client's right to meet with his lawyers was denied by the ICC.

Clooney herself justified her choice to work on behalf of al Senussi, saying that everyone has a right to a defense lawyer (extremely true) and criticizing the International Criminal Court for violating the rights of her client. Even though this may seem ironic, given the charges of human rights violations against al Senussi, due process is an integral, essential part of the international legal structure, and failures to uphold due process undermine the entire system. When it comes to those accused of war crimes or human rights violations, this includes the right to a defense, which Clooney provided professionally and convincingly in al Senussi's case. What's more, Clooney, while being many other laudable things, is also a lawyer, and lawyers make their living and reputation from acting as both prosecution and defense.

Clooney's defense of al Senussi and legal advising to [Bahraini King Hasan bin Isa] al Khalifa is part of her success as a lawyer, and defense as well as prosecution is essential to ensure the functioning of international human rights law. It is a reminder that human rights lawyers are still lawyers, professionals who need to make a career by playing both sides of the courtroom.

More on the Megrahi prisoner transfer machinations

What follows is an item originally posted on this blog on 16 January 2009. It follows on from an article published first on 15 January 2009 and re-posted on this blog yesterday.

Follow-up on prisoner transfer

Today's issue of The Herald has a follow-up article on the alleged moves (which would involve abandonment of the current appeal) to secure Abdelbaset Megrahi's transfer back to Libya to serve the remainder of his sentence. It reads in part:

'The father of one of the victims of the Lockerbie bombing [Dr Jim Swire] plans to meet the man convicted of carrying out the atrocity to discuss a diplomatic deal which would allow the Libyan to return home, ending any prospect of an appeal.

'As revealed by The Herald yesterday, official talks have been held in secret on allowing Abdelbaset Ali Mohmed al Megrahi to serve the remainder of his 27-year sentence in Libya but any appeal proceedings would have to be dropped for the transfer to be agreed. (...)

'He wants to raise the issues at a meeting with Megrahi which he hopes will take place "fairly soon" but he said he would not ask the Libyan, who is suffering from advanced prostate cancer, to stay in Scotland simply so the evidence can be heard in court.

'He said: "I couldn't possibly go to him and say Please continue the appeal because we want to get to the truth'. I couldn't possibly take that attitude. He is an intelligent man, an honest kind of guy. I wouldn't be surprised if he is mulling over his decision, considering the effects of it on people like myself, people who want to get to the truth.

"I wouldn't want him hanging back on the decision to go home because he thought that he shouldn't, out of loyalty to people like me." (...)

'Professor Robert Black, one of the architects of the original trial at Camp Zeist, said it was "very important" that evidence collated for a future appeal should be released even if legal proceedings are dropped.

'He said: "Theoretically all of this material is Megrahi's. He is the client and he, or his wife and children, would make the decision. I can't think of any reason why the material that Megrahi's lawyers have gathered for the appeal shouldn't simply be released into the public domain.

'"It would be a very unusual step and there are difficulties. Some of the material that has been discovered will be, I think, highly defamatory so if it is simply disclosed without any legal protection that could cause legal difficulties."

'Dr Swire, who first met Megrahi more than three years ago, said: "I would hope some outlet for the evidence could be found but it would have to be used in a format where there was credibility."

'During First Minister's Questions at the Scottish Parliament yesterday, the "prisoner transfer agreement" was raised by Conservative leader Annabel Goldie, who asked whether the integrity and principles of the Scottish justice system would be upheld in relation to any plan to release Megrahi. Alex Salmond replied "yes".

'The Tory leader then asked if Megrahi would be returned to Libya, adding that releasing the bomber would cause "deep unease". Mr Salmond said he could not prejudge or comment on a decision he might be asked to make.'

The Scotsman also has a brief article on the matter. It can be read here.

Behind the scenes manoeuvring to return Megrahi to Libya

What follows is an item originally posted on this blog on 15 January 2009:

Secret talks on deal to return Megrahi to Libya

[This is the headline over a front-page article by Lucy Adams in today's edition of The Herald. It reads:]

Official talks are being held in secret which could result in the man convicted of the Lockerbie bombing dropping his appeal and being freed from Greenock Prison and sent back to Libya under a diplomatic deal.

The Herald can reveal today that senior civil servants from both the Westminster and Holyrood administrations have met a delegation from Tripoli to discuss how to resolve the impasse over Abdelbaset Ali Mohmed al Megrahi.

It is understood an agreement could be reached within months which would see him serve the remainder of his 27-year sentence with his family in Libya.

Megrahi is suffering from advanced prostate cancer but has been denied bail by judges pending his appeal. The appeal is due to begin on April 27, but could last as long as 12 months because of the complexity of the case and volume of material to be examined.

However, while he wants to clear his name, it is far from certain that he would survive such a long appeal case, and now there is an opportunity for the UK and Libya to settle the matter away from the courts and through diplomatic channels.

According to Libyan officials, senior civil servants at Whitehall have actively "encouraged" them to apply for prisoner transfer for Megrahi - a move likely to be highly unpopular with campaigners and some of the relatives of the victims of the bombing, who want to hear the fresh evidence in open court.

A Libyan source said: "We have been encouraged to apply for the prisoner transfer option once the agreement is ratified, but there are concerns as to whether the UK Government can be trusted."

The Prisoner Transfer Agreement (PTA) was signed off by a delegation from Tripoli and senior UK officials in November and is due to be ratified by the UK and Libyan parliaments in March.

It would take months for an agreement on such a transfer to be reached, partly because Megrahi is serving a life sentence and his case would have to be reviewed by the Scottish Prison Service and the Parole Board.

The final decision will ultimately lie with Kenny MacAskill, the Justice Secretary - a point clarified last year during the very public argument which followed the Scottish Government's discovery that it had not been privy to the details of the Memorandum of Understanding signed between Tony Blair and Colonel Gaddafi in May 2007 as part of the "deal in the desert".

While Whitehall officials denied the deal and subsequent PTA had anything to do with the man convicted of the Lockerbie bombing, the row between the Scottish and UK Governments highlighted the fact that it was about Megrahi.

Professor Robert Black, one of the architects of the original trial at Camp Zeist, said: "If this happens [if he decides he wants to go home and is allowed no other options] it will leave a stain on the Scottish criminal justice system because lots of people now believe there is something wrong with the conviction.

"But is that really the path a civilised legal system should be taking? Compelling him to go down that path would leave serious questions about the criminal justice system unanswered."

Neither the Foreign Office nor the Scottish Government is able to comment publicly on the fact they are encouraging an application for a transfer, such is the sensitivity of the case.

A UK Government spokesman said: "HM Government continues to engage positively with Libya, but it remains the case that any decision relating to an individual prisoner will be for Scottish ministers to take."

A spokesman for the Scottish Government said: "There have been no recent meetings between Scottish Government officials and representatives of the Libyan government. However, if the Libyan officials were to seek further meetings for factual information, we would be happy to provide that.

"The meetings last year were purely to provide factual information. No encouragement or advice was given on any of the procedures open to Mr Megrahi."

[A further article headed "Libyan may not live to see conclusion of appeal: Try to clear name or return home: Megrahi faces decision" appears in the inside pages.

A leader headed "The Megrahi dilemma" ends with the following paragraph:

'Megrahi's return home under the PTA might seem a neat solution but it ignores several factors. Megrahi continues to plead innocence and wants to clear his name (the main witness against him has been largely discredited). Testing all the evidence, including the secret document, in an appeal hearing offers the best hope of establishing the truth about the Lockerbie bombing. The opportunity will be gone if there is no appeal. The prospect of securing any subsequent convictions, should that be a possibility, would be remote as the world has moved on and relations with the countries suspected of involvement, including Libya, Iran and Syria, have changed. If, however, the integrity and independence of the Scottish judicial system is paramount, the appeal process should be allowed to run its course and make a final determination. Justice should be blind, not thwarted by political or diplomatic convenience.'

The issue has also been raised in the Scottish Parliament. The exchange between Annabel Goldie, the leader of the Tory group and First Minister Alex Salmond can be read here.]

US-Libya rapprochement following Lockerbie trial

[The following are excerpts from an article by Robert S Greenberger published in The Wall Street Journal on this date in 2002:]

Libya's Col Moammar Gadhafi, is attempting a rehabilitation.

Top US and Libyan officials have held several unpublicized meetings in England and Switzerland in recent years to discuss improving ties. Public-relations campaigns and lobbying efforts on Libya's behalf are under way, funded in part by oil money and driven by a desire to cash in on future deals or resume business interrupted by sanctions. The Libyan leader himself has been taking steps and sending signals that suggest he may want to get out of the terrorism business, US officials say.

The Gadhafi makeover could be reaching a critical moment. Last week, a top US official and a Libyan intelligence operative met near London in another attempt to talk about the steps Libya must take before ties can be resumed. Later this month, a Scottish court is scheduled to hear the appeal of a Libyan intelligence agent found guilty in the 1988 bombing of Pan Am 103, over Lockerbie, Scotland, which killed 270 people, including 189 Americans. Libya has signaled to US officials directly and through intermediaries that when the legal process ends, the Gadhafi government may compensate the victims' families and take responsibility for the bombing, US officials say. Many US officials believe Col. Gadhafi himself was involved in the Pan Am bombing, the bloodiest terrorist attack on Americans before Sept 11.

In October, William Burns, the assistant secretary of state for the Middle East, who was at last week's meeting outside London, addressed a congressional committee about the purpose of US diplomacy toward Libya. He said it was meant "to make clear that there are no shortcuts around Libya ... accepting responsibility for what happened and also for paying appropriate compensation" for the Pan Am bombing.

There's a lot to be gained on both sides from rapprochement. Resolving the bombing could persuade Washington to lift the sanctions imposed in 1986. That would open the way for American companies to do business with the oil-rich country and for Libya to do some much-needed repair work on its economy. (...)

Still, the diplomatic dance between the US and Libya has produced a stark change in Libya's previously sharp anti-American rhetoric. It began in secret more than two years before Sept 11, in a series of meetings on the outskirts of London and in Geneva, Switzerland. Those meetings brought together senior officials of the Clinton administration, British officials and a top Libyan intelligence operative, Musa Kusa, according to US officials.

The idea to meet emerged in February 1998, when the US was embroiled in one of its periodic crises with Iraq. British Prime Minister Tony Blair telephoned President Clinton to discuss growing complaints by moderate Arab allies that the West was dealing unfairly with Arab states. Mr Blair suggested it might be helpful to resolve the Libya issue in some way, a Clinton administration official recalls. (...)

President Clinton didn't move until after Col. Gadhafi agreed in April 1999 to hand over two Libyan suspects in the Pan Am 103 bombing. The White House then sent Martin Indyk, the assistant secretary of state for the Middle East at the time, and Bruce Riedel, the top White House Middle East staffer, to meet with Mr Kusa, who often handles delicate missions for Col Gadhafi. Mr Kusa has been associated for more than 20 years with Libyan intelligence, which has been connected to assassinations of Libyan dissidents abroad and the Pan Am bombing. (...)

In the highest-level contacts since President Reagan imposed sanctions in 1986, the US held four meetings in which Clinton administration officials laid out the steps Col Gadhafi must take to warm up relations with Washington. US officials hammered away at one theme: Libya must compensate the families of Pan Am 103 victims and take responsibility for the terrorist bombing to make normal ties possible. A United Nations resolution also calls for Libya to compensate the victims' families and take responsibility for the bombing.

Then, the day after the Sept 11 terrorist attacks, Col Gadhafi condemned the actions publicly as "horrifying, destructive." In October, in a previously planned secret meeting, Mr Kusa met in England with Mr Burns. Mr Kusa talked about what he called their common enemy, terrorism, according to a diplomat familiar with the session. Mr Kusa offered information on the Libyan Islamic Fighting Group, which is believed to be linked to al Qaeda and which also targets Col Gadhafi.

On Dec 5, the US included the group on an expanded list of terrorist organizations whose members will be automatically barred from the US or expelled if found here. At last week's meeting outside London, Mr Burns reiterated the American stance on Pan Am 103, according to a State Department official. (...)

Turning over the terrorism suspects also bolstered a public-relations and lobbying campaign conducted by Libya and its supporters, with quiet help from American companies. Four days after Col Gadhafi agreed to the handover, the US-Libya Dialogue Group held its first meeting, in Maastricht, the Netherlands. Mustafa Fitouri, a Libyan who is an information-technology professor at the Maastricht School of Management, helped arrange the session. He says the nonprofit group was set up "to show people in both countries, away from government, that people can communicate, work with each other." (...)

Mr Fitouri says some funds for the meeting were provided by US and Libyan companies, which he won't name. He adds that he doesn't know where all the money comes from because it's handled by a person, whom he also won't name, at a Libyan university. Until the Pan Am 103 case is resolved and sanctions are lifted, US companies don't want to be identified as being close to Tripoli.

Megrahi's son joins campaign to clear his father's name

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

The son of the man convicted of the Lockerbie bombing has joined a Facebook group protesting his father's innocence to help dispel the notion that an application for a posthumous appeal is not backed by his family.

Khaled El Megrahi has joined the Friends of Justice for Megrahi group and has been welcomed warmly by the other 180 members committed to clearing his father's name.

They include British relatives of the 270 victims who perished 26 years ago, Professor Robert Black, the architect of the trial under Scots Law in a neutral country, and prominent figures like James Robertson, one of Scotland's greatest novelists. Robertson's acclaimed novel, The Professor of Truth, was based loosely on the Lockerbie atrocity which killed 270 people in December 1988.

Shortly before El Megrahi joined the group, the Scottish Criminal Cases Review Commission had expressed doubts about continuing the investigation that could lead to a fresh attempt to overturn the conviction of Abdelbaset Ali Mohmed Al Megrahi.

The commission had asked the High Court to decide whether it could continue with the application, submitted earlier this year by Aamer Anwar, the Scottish solicitor acting for the Megrahi family and other supporters.

Scots Law allows for posthumous appeals to be pursued by the executor of the deceased, and leaves it open to others with an irrefutable interest to pursue justice, but their right is not enshrined in the same way as the executor's.

The SCCRC is seeking clarification about whether the victims' families alone could pursue a fresh appeal without the support of Megrahi's executor.

The confusion has arisen because the SCCRC insists it must have the original document confirming El Megrahi as his father's executor.

Mr Anwar said that the current climate in Libya made it extremely unlikely the legal team could travel there soon to obtain the necessary documentation, nor would they ask the Megrahi family to put their lives at risk.

He added: "With regards to the rights of the victims' families to pursue an appeal, we would submit that there is a fundamental duty on the state to protect the rights of victims of crime, which includes responsibility for the administration of justice."

Without the original executry documents, other Megrahi family members and "outsiders" like the British relatives of the victims, including Dr Jim Swire and the Rev John Mosey, would have to persuade the High Court of the legitimacy of their interest.

Given the stakes for the Scottish criminal justice system, there are fears that the judges who decide on the SCCRC's submission will not be easily convinced to encourage further close scrutiny of crucial aspects of the case, most notably the conduct of police, prosecutors and expert witnesses.

El Megrahi's public support for his father, therefore, could be very significant.

The SCCRC in 2007 referred the case back to the appeal court for what would have been a second appeal on six grounds that suggested there might have been a miscarriage of justice.

Since then, the case for an appeal has been strengthened by fresh scientific evidence showing that a fragment said to be from the timer that detonated the bomb was not a match for a type of device that the court accepted had been used and had been sold only to Libya.

Megrahi died on 20 May 2012, some 33 months after his release on compassionate grounds as he was dying from cancer.

He abandoned his appeal believing it would help secure his compassionate release, and although the Scottish Government has always denied a deal was done, his controversial release was confirmed soon after.

El Megrahi was welcomed to the Facebook group by Prof Black, who said: "I hope that 2015 will be the year when the injustice to your father, and your family, will begin to be rectified."

The sentiment was echoed later by other members, and El Megrahi later posted short messages thanking supporters, expressing hope for progress, and offering best wishes and a happy new year to all members.

[RB: Other members of Abdelbaset Megrahi’s immediate family are also members of the Facebook group.]

First Scottish judge to meet Lockerbie accused dies

[What follows is taken from an obituary published in The Herald on 10 January 2015:]

Graham Loudon Cox.
Lawyer.

Born: December 22, 1933;
Died: December 27, 2014.

Graham Cox, who has died aged 81, was a young army lawyer who went on to play a key role in the initial stages of the Lockerbie bombing case.

By then a veteran sheriff, who had already presided over the Lanarkshire Fatal Accident Inquiry into what was then the world's worst outbreak of E.coli, he was Sheriff Principal of the jurisdiction that covered the site of the atrocity and the first member of the Scottish judicial system to come into contact with the two Libyan suspects.

He sat on the bench at Camp Zeist, the temporary court set up in the Netherlands to hear the case of Abdelbaset al-Megrahi and Al-Amin Khalifa Fhimah, when they made their first appearance in private there on April 6, 1999. The pair, alleged to be behind the 1988 blowing up of Pan-Am Flight 103 over Lockerbie which left 270 dead, faced charges of conspiracy, murder and violations of aviation laws.

The following week, April 14, Sheriff Principal Cox committed them for trial, a court case from which the reverberations still echo, more than a quarter of a century after the bombing. Fhimah was acquitted in 2001. Megrahi was convicted of the killings and sentenced to life imprisonment. He maintained his innocence and died of cancer in 2012 after being released on compassionate grounds.

The Scottish Government and a Megrahi inquiry

What follows is an item first posted on this blog on this date in 2011:

Megrahi inquiry delay sparks anger

[This is the headline over an article by Bob Smyth in today's edition of The Sunday Post. It does not appear on the newspaper's vestigial website. The article reads as follows:]

The Scottish Government has been criticised over its dealings with an influential parliamentary committee.

Holyrood's Public Petitions Committee finally received answers over ministers' refusal to hold an inquiry into the Lockerbie case on Friday -- a month after the deadline.

The response came after The Sunday Post quizzed the Scottish Government on the delay.

Before the late reply arrived, the campaigners behind the petition slammed the hold-up and a member of the committee also hit out.

Justice for Megrahi, who believe bomber Abdelbaset al Megrahi was the victim of a miscarriage of justice, have demanded the inquiry.

The campaigners met the committee on November 9 to highlight their petition calling for a probe into the bombing and the conviction of Megrahi. The group includes Lockerbie relatives, Archbishop Desmond Tutu, TV journalist Kate Adie, retired politician Tam Dalyell and Professor Robert Black, who was central to the setting up of the Lockerbie trial.

The Scottish Government has always refused an inquiry, saying it's beyond their jurisdiction.

Justice for Megrahi secretary Robert Forrester said, "We want them to have an inquiry about the matters that come under Scotiish jurisdiction, such as the police investigation, Megrahi's trial and appeal and his release. (...)

"They were supposed to respond to the committee by December 10 but didn't."

Committee member Cathie Craigie [MSP, Labour] said, "It's very concerning if the Scottish Government is not engaging with the proper process and responding within the timescale. They have an army of civil servants."

The Scottish Government reply said, "The Government’s view is that the petition is inviting the Scottish Government to do something which falls properly to the criminal justice system -- inquire into whether a miscarriage of justice has taken place. 

"The Inquiries Act 2005 provides that, to the extent that the matters dealt with are devolved, and criminal justice is devolved, the Scottish Government would have the power to conduct an inquiry.

"However, the wide ranging and international nature of the issues involved (even if the inquiry is confined to the trial and does not concern itself with wider matters) means that there is every likelihood of issues arising which are not devolved, which would require either a joint inquiry with or a separate inquiry by the UK government."

Legal expert Professor Robert Black said, "The Scottish Criminal Cases Review Commission has no jurisdiction and powers outwith Scotland. Yet it managed to conduct an investigation into the Megrahi conviction that enabled it to reach the conclusion that the conviction might have amounted to a miscarriage of justice. 

"There is no conceivable reason why a Scottish inquiry under the Inquiries Act should have less success in obtaining and uncovering evidence."

[Later today I shall be starting my trek from the Roggeveld back to Edinburgh. It is therefore unlikely that there will be further posts on this blog before 13 January.

Here are a few lines from one of the poems in Michael Cole’s Ghaap: Sonnets from the Northern Cape:

The place was empty, void of anything,

A barren wilderness of thorn and thirst,

Of night frost, and armoured sun spearing

Hard rays all day; the diamonds in the worst

Terrain they could imagine, but their call

Undeniable. No sustenance

But for the game, until they'd shot it all.

Ox and horse brought food and elegance,

Machinery and cables, makeshift sheds,

Rhodes, apartheid, flu and iron beds.]