Guilty of monumental hypocrisy

[What follows is an item originally posted on this blog four years ago on this date:]

Truth lies hidden beneath the blather about Megrahi

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

Sir Gus O’Donnell’s trawl through certain documents relating to the Lockerbie bombing has become very bad news for Labour.

It is bad in London, bad in Edinburgh; bad for reputations, bad for careers. On both sides of the border, the charge is the same: saying one thing, doing another. The only difference is that some things were shouted in one place and whispered elsewhere.

David Cameron handled the report with a certain vicious elegance in the Commons, in his best more-in-sorrow-than-anger voice. Too many things, he pointed out, were left unsaid by Labour ministers. Whether he would have behaved any differently in their shoes was a point he was happy to leave moot. He had certain aims in mind, and he achieved them.

Thus: blame Labour, blame the SNP, placate America, exonerate BP, and remind us that he was always opposed to the freeing of Abdelbaset Ali Mohmed al Megrahi on any grounds. Better still, for the eternal interests of Her Majesty’s Government, nothing in O’Donnell’s document obliged Cameron to deal with a real question: what of profound doubts over the original conviction?

No-one in the Commons, as usual, had a word to say about that.

Labour was all over the place. Gordon Brown was forced into a statement that answered no questions. Jack Straw, England’s Justice Secretary in the period at issue, fell to parsing any phrase that might provide an excuse. Meanwhile, the Scottish party found itself in a truly hideous position.

Either its leading members knew about London’s efforts to “facilitate” a release deal with Libya, or they did not. If not, what does that tell us about relationships between Labour in Edinburgh and Labour in Westminster?

But if all was known, what excused the many, vehement accusations hurled at Kenny MacAskill, the SNP minister who freed Megrahi? Labour in Scotland was still at that game this week, even when it was beyond doubt that its colleagues in London had connived in Libyan efforts. Straw, O’Donnell tells us, even thought of supplying a supportive letter.

It’s possible, of course, that some Scottish Labour figures were “in the loop” and some were not. The Scotland Office, first under Des Browne, and by October 2008 in the charge of Jim Murphy, was under no illusions. The latter minister was certainly given the minutes of calls between Straw and Alex Salmond. So what about Holyrood?

But this means that some passionate opponents of Megrahi’s release were permitted – encouraged? – to go on conducting a campaign against MacAskill while the truth was otherwise kept hidden. Take your pick: scandal, shambles, or a bit of both?

None is easy to spin, but Labour has done its best. Supported by the – no doubt unprompted – right-wing blogger Guido Fawkes, a tale filtered into the London media this week to the effect that MacAskill was prepared, late in 2007, to amend the Scottish Government’s opposition to Labour’s prisoner transfer agreement with Libya. The alleged price: cash to pay off human rights claims over prison slopping out, and devolved control over airgun legislation. And how tawdry would that have been?

O’Donnell certainly relates – of exchanges in November, 2007 – that “it is clear that HMG’s understanding was that a PTA without any exclusions” – meaning Megrahi, the only Libyan in a British prison – “might be acceptable to the Scottish Government if progress could be made with regards to ongoing discussions...” (on slopping out and firearms law). The Cabinet Secretary’s footnotes then refer the reader to letters between Straw and Browne in which the two allude to that “understanding”.

But O’Donnell’s very next sentence in the body of his text records that, “Kenny MacAskill restated the Scottish Government’s position that any PTA should exclude anyone convicted of the Lockerbie bombing in a letter to Jack Straw on 6 December 2007”.

So much was already in the public domain, thanks to the Scottish Government’s website. Nor did the SNP deviate from that position.

Labour’s attempt to establish otherwise this week depends entirely on a “leaked” email from John McTernan, Brown’s adviser, who gleaned his “understanding” from unnamed “officials”.

You wouldn’t base a Scottish election campaign on that, I’d have thought. But what else does Iain Gray and his Holyrood party now possess? Continued demands for the release of Megrahi’s medical records? Such material is redacted even in O’Donnell’s report, on data protection grounds. An oncologist would tell you, meanwhile, that a prognosis is not a prediction, but add that prostate cancer treatments – and hence survival rates – are improving yearly.

Even given the horrific scale of Lockerbie, an attack on compassion is tricky. It’s also beside the point. As is O’Donnell’s report, and Cameron’s lofty satisfaction, and Brown’s floundering response.

The fact that Labour has been found guilty of monumental hypocrisy is important in its own right, no doubt, but it is only one part of a larger argument. In the matter of mass murder, the question of guilt is paramount. Unless it is settled, beyond doubt, every other “row” is chatter, and distracting chatter at that. In the case of Megrahi, despite anything politicians claim, there is no certainty.

We do know, though, of $3 million paid by US authorities to Maltese brothers, Toni and Paul Gauci, for the sake of identification evidence. We know that Lord Peter Fraser, then Lord Advocate, would later describe the former brother, supposedly a star witness, as less than the full shilling and “an apple short of a picnic”.

We know, furthermore, that the forensic “experts” on both sides of the Atlantic, providers of still more “key evidence” at Camp Zeist, were later discredited thoroughly. We know Professor Hans Koechler, Kofi Annan’s UN observer, damned the trial as an outrage and an abuse.

There’s more, much more. We don’t know, though, why Megrahi still fails to provide proof of his innocence. We don’t know why no political party – the SNP included – is prepared to entertain even an inquiry into the conviction.

Those rows over the compassionate release of “the Lockerbie bomber” will do instead, at least until some successor to Sir Gus cares to examine a few more of the papers salted away in the hidden record.

Megrahi's first appeal

[Here is what I wrote on Thelockerbietrial.com website on this date in 2002 about the state of play at the close of week three of Abdelbaset Megrahi’s first appeal:]

In the course of Friday morning [8 February 2002] the Court decided that it was prepared to hear the new evidence proposed by the defence from security personnel on duty at Heathrow's Terminal 3 during the night before the departure of Pan Am 103, regarding a break-in in the luggage marshalling area.  Mr Alan Turnbull QC for the Crown had argued strongly that the proposed new evidence was not of sufficient "significance" to warrant the Court's hearing it.  By their decision the appeal judges indicated that they were of the view that the evidence in question could have the necessary "significance."  The Crown indicated that if this evidence was permitted, they would  themselves wish to lead evidence on the issue from up to eleven witnesses.  The Court suggested that discussions should take place between the Crown and the defence regarding these eleven potential Crown witnesses, with a view to ascertaining whether the attendance of all was really necessary.  It is likely that the Court will begin hearing the new evidence on Wednesday 13 February. 

During the week it has been abundantly clear that the appeal judges have absorbed the submissions made on behalf of the appellant Megrahi and appreciate the force of a number of the criticisms made in them of the reasoning in the written opinion of the trial Court.  Their Lordships have not been slow to draw their concerns to the attention of the Advocate-Depute.  In particular, Lord Osborne and Lord Kirkwood have asked some very pointed questions indeed and have subjected Advocate-Depute Turnbull and Advocate-Depute Campbell to rigorous cross-examination regarding the Crown's stance in supporting the trial Court's conclusions on certain crucial matters, such as the finding that the bomb was ingested at Luqa Airport in Malta; that Megrahi was the person who purchased the clothes from Mary's House in Sliema; and that the date of purchase was 7 December 1988.

Megrahi verdict a powerful tool to deny us objective inquiry

[What follows is the text of a letter submitted by Dr Jim Swire to a newspaper on 5 February but not (yet) published:]

A recent letter from an American Lockerbie relatives' group known as Victims of Pan Am Flight 103, Inc addressed to the Crown Office has been released to the media* by others.

It contains the sentence "it is past time for Dr Swire and the Megrahi supporters to end their disgraceful and expensive campaign".

So far as US relatives of the dead are concerned, of course we all have every right to hold our own views over the atrocity and certainly to believe in the findings of the Zeist court -- a comfort unfortunately denied to some of us. It is very sad that opinions should differ so radically amongst us, since we all hope to know the truth, and are rendered the more unhappy by any suggestions that we may not have reached that truth even yet.

There is also the awesome fact that if our view is correct, then the court process and all the delays that have followed may have protected the real perpetrators from any attempts at justice for fourteen years. On top of that, the Zeist verdict against Mr Megrahi is a powerful tool to deny us the full objective inquiry we have so often sought from Governments. 

I and one other relative, Rev John Mosey, were the only two relatives from the UK or America to listen to all the evidence, as it unfolded, in court. I entered that court believing as a matter of course that the two Libyans must be guilty. I had toiled before the trial alongside such distinguished people as Professor Robert Black of Edinburgh and the late President Nelson Mandela, to try to  persuade Colonel Gaddafi to allow his men to appear, in the sincere belief that they would receive a fair trial under Scots law. But as the trial unfolded, to my lay mind it seemed that the evidence was telling of a very different scenario than that painted by the prosecution.

At the end of the trial, on hearing the verdict, I collapsed, to the point where at least one close onlooker thought I had died. This was widely interpreted as being overwhelming relief that 'we had nailed one of the bastards at last'. In fact it was due to my personal analysis of what the evidence had shown coupled with a personal certainty that the men would be acquitted under Scots law.

It is simply because I am determined to establish the truth as to who did murder my daughter and why the flight was not protected at Heathrow that I feel bound to continue my "disgraceful" campaign. It may be down to deficits in the way I have conducted that campaign that we have so far been unable to establish an objective forum, in Scotland or elsewhere, following the withdrawal of Megrahi's second appeal.

Where blame is being discussed, it may help to know that in a privileged interview with Scotland's Justice Secretary, immediately prior to Mr Megrahi's return to Libya I pleaded for his compassionate release.

In my belief that he should not have been found guilty and in knowledge of the lethal medical condition he carried (researched with one of the professionals involved in his case) and the misery that separation from his family was causing as his life ebbed away, it would have been profoundly wrong, in my view, to take any other position, even though it might make the search for the truth more difficult.

We should be proud that our criminal justice system does include provision for compassion.

I sincerely hope that this public expression of exasperation from US relatives will be seen in Scotland simply as a reminder, if one were needed, of the desperate misery that terrorist atrocities like Lockerbie inject into our communities, and profoundly wish that a genuine determination to establish the facts will settle the burden for all of us.

* I [Dr Swire] had inquiries from The Times of London at around 16.00 hours today, which clearly has already received a copy of the US Victims' letter to the Crown Office.

Long standing difference in approach between UK and US families

[Hexham parents of Lockerbie victim Alistair Berkley involved in new appeal call is the headline over a report published this evening on the Chronicle Live website. It reads as follows:]

The North East parents of a Lockerbie victim are involved in a campaign to have the only man convicted of the atrocity cleared.

Jean and Barrie Berkley, who lost son Alistair in the 1988 bombing, are among a number of UK relatives of victims who believe Abdelbaset al-Megrahi suffered a miscarriage of justice.

They - and relatives of al-Megrahi - have applied to the Scottish Criminal Cases Review Commission (SCCRC) to refer his case back to the High Court for a fresh appeal.

However, the move has pitted UK families against their American counterparts, who have called it “disgraceful” and registered their opposition.

Megrahi, who died in 2012, remains the only person convicted over the bombing of Pan Am flight 103 on December 21 1988, in which 270 people were killed.

Members of Megrahi’s family and the Justice for Megrahi campaign group, which includes relatives of British victims, are seeking to review the conviction.

Mrs and Mrs Berkley, 84 and 87 respectively and who live at Sandhoe, Hexham, are among the UK relatives to have signed the petition.

Mrs Berkley, whose son, a law lecturer at the Polytechnic of Central London, was 29 when he was killed, said: “To us it seems there are many unanswered questions and we would like to know what the answers are.

“There were many things about the trial which were unsatisfactory.”

However, the Mary Kay Stratis, the widow of US victim Elia Stratis, has written to the (SCCRC) to voice American relatives’ opposition to the petition.

Mrs Berkley, co-ordinator of the UK Families Flight 103 group with her husband treasurer, said there was a “long standing” difference in approach.

“I am very sorry the American families are upset about this but we just have a different way of looking at it,” she added.

End this disgraceful appeal on behalf of Lockerbie bomber, say US bereaved

[This is the headline over a report (behind the paywall) in today’s edition of The Times. It reads in part:]

American relatives of victims of the 1988 bombing of Pan Am 103 are calling on campaigners to bin their petition calling for another court hearing

American relatives of victims of the Lockerbie bombing have objected to a fresh appeal against the conviction of the Libyan found guilty of carrying it out.

In a letter to the Lord Advocate they say they are against the petition being lodged by Jim Swire and fellow-campaigners who believe that Abdul Baset Ali al-Megrahi was wrongly convicted.

“While Dr Swire is a family member of a victim of the bombing, he speaks for himself and not for the US families of victims,” the letter says.

Writing on behalf of the US families, Mary Kay Stratis, whose husband, Elia, died when Pan Am flight 103 crashed into the town of Lockerbie in December 1988, says that they have confidence in the Scottish judicial system, and believe that justice was done when al-Megrahi was convicted.

“Our only objection, deeply felt and fervently held, concerned the release of Megrahi and his return to Libya for a hero’s welcome,” she writes.“It is past time for Dr Swire and the Megrahi supporters to end their disgraceful and expensive campaign.”

A High Court judge has been asked if families of some of the victims can launch a new appeal, despite al-Megrahi withdrawing his original bid to have the case re-opened.

The Scottish Criminal Cases Review Commission is considering an application from the Justice for Megrahi campaign group, which includes relatives of British victims of the bombing, including Dr Swire, to review the conviction.

A High Court judge, Lady Dorrian, will rule next month as to whether the campaigners have sufficient legal status to bring an appeal. Although members of al-Megrahi’s families are said to be behind the legal bid, the commission has said that so far they had failed to provide “appropriate evidence” supporting their involvement in the application.

Responding to the comments of the American relatives, Dr Swire, whose 23-year-old daughter Flora died in the bombing, said: “They are entitled to their opinion, but it really is time that all the relatives were allowed an objective look at all the evidence that is now available in this case.”

He added: “Much of the evidence that we want heard in open court was assembled for al-Megrahi’s second appeal, which he cancelled in order to be allowed home to die. It is time it was heard.”

Dr Swire said his desire to press ahead with the appeal was not an indication that he believed al-Megrahi was not guilty of the bombing. “I just want to hear all the evidence in open court,“ he said. “ I have never tried to tell relatives what they should think. I’m not saying he is not guilty. The American relatives aren’t motivated to look at the evidence. That’s fine for them, but it isn’t satisfactory to others involved in this.” (...)

[I]n 2009 al-Megrahi was controversially released on compassionate grounds by the Scottish justice secretary, Kenny MacAskill, because he had terminal cancer.

An application had also been made to transfer al-Megrahi to Libya through a prisoner transfer agreement between the UK government and Libya. To facilitate his transfer to Libya, al-Megrahi abandoned a second appeal against his conviction. He died on May 20, 2012, two years and nine months after his release.

[A report in today’s edition of The Herald reads as follows:]

A group of US Lockerbie relatives has become involved in a war of words with a leading British campaigner over his attempts to clear the Libyan convicted of the atrocity.

Dr Jim Swire's efforts on behalf of the late Abdelbaset al-Megrahi have been branded a "disgraceful and expensive campaign" by the Victims of Pam Am Flight 103 Inc in a letter to the chair of the Scottish Criminal Cases Review Commission (SCCRC).

The SCCRC has lodged court proceedings and are considering a joint bid by the Megrahi family and campaigners, including Dr Swire, whose daughter Flora was among the 270 victims of the disaster in December 1988.

The US families said: "We do not support this petition nor do we support the position of the UK family member, Dr Jim Swire and those with whom he stands on this matter.

"While Dr Swire is a family member of a victim of the bombing, he speaks for himself and not for the US families of victims.

"We believe that justice was done in the Scottish judgment and the appeal, and we believe that the Scottish judicial system is praiseworthy, despite the calumny visited upon it by Megrahi's supporters."

The letter concluded: "It will never really be ‘over’, but it is past time for Dr Swire and the Megrahi supporters to end their disgraceful and expensive campaign."

In an email to The Herald, Dr Swire said he was "saddened" by their view, but pledged to continue fighting.

He added: "I sincerely hope that this public expression of exasperation from US relatives will be seen in Scotland simply as a reminder, if one were needed, of the desperate misery that terrorist atrocities like Lockerbie inject into our communities, and profoundly wish that a genuine determination to established the facts will settle the burden for all of us."

A Crown Office spokesman said: "We can confirm that we are aware of the position of the US families board and we are intending to lodge answers to the SCCRC petition by March 6. It is not appropriate to comment further."

Megrahi died of cancer in May 2012.

[I anticipate a more detailed response from Dr Swire in the press tomorrow.]

A convenient stitch-up

What follows is a letter from Dr Jim Swire published in The Herald (and in this blog) on this date in 2008:

A recent newspaper article claims that Mr Blair's already publicised "memorandum of understanding" (as Whitehall decided to call it) was really negotiated to secure a huge contract for BP in the Libyan oil industry.

Readers will remember that even without knowledge of a cynical commercial reason for the agreement, there was concern as to its effect on Abdel Basset Ali al-Megrahi's position, and anger at the failure to consult the Scottish Government.

We now hear Jack Straw has admitted that Megrahi's transfer to Libya to serve the rest of his sentence for the Lockerbie bombing was essential to the completion of the deal. [RB: I cannot trace the Straw admission to which Dr Swire here refers. But here is a later relevant item: http://lockerbiecase.blogspot.co.uk/2009/09/straw-admits-lockerbie-trade-link.html]

The Crown Office maintains there is no question of Megrahi being allowed to be repatriated while his second appeal is in process. It is clear this appeal could not proceed without embarrassing revelations emerging over evidence led at Zeist, and in the view of many, the prosecution case would fail.

Megrahi is determined to clear his name. What is to stop the Crown now abandoning the case, thus serving "the national interest" (as exemplified by the Libya-BP deal)?

At the last hearing in Edinburgh High Court the prosecution were still not prepared to divulge the contents of a document (from abroad) to the defence. This failure would be likely to mean that the court would have to declare a fair appeal impossible. Already the Crown were talking of obtaining public interest immunity (PII) certificates to "protect" the document from being divulged.

Lockerbie relatives have bitter memories of threats of PII certificates being prepared against us. If the Crown abandons the case, or if the court cannot proceed without the document, Libya, Whitehall and BP would all be delighted. Abandonment would presumably result in the verdict being declared unsafe and overturned, in view of the Scottish Criminal Cases Review Commission's published view that the Zeist trial might not have been fair.

Scotland, her government and her justice system would have been used as an expendable tool to achieve a politically, and now commercially, convenient stitch-up. The relatives would see that their legitimate interests in seeking to find out who really murdered their loved ones and why their families were not protected, had again been treated with cynical derision, this time on the altar of profit.

Have we really sunk so low?

Lockerbie, the Lord Advocate and conflict of interest

The Lord Advocate is the head of the prosecution system in Scotland. All serious (solemn) cases are brought in his name and prosecuted by him or one of his deputes (or, in the sheriff court, by a procurator fiscal who is a member of his department, the Crown Office and Procurator Fiscal Service). In the investigation of crime, the police are legally obliged to obey any directions given by the Lord Advocate or on his behalf. 

Police Scotland are currently investigating serious allegations of criminal misconduct in the course of the Lockerbie criminal investigation, prosecution and trial. The allegations are directed against, amongst others, police officers, Crown Office personnel involved in the prosecution, and forensic scientists instructed and called as witnesses by the Crown Office. The current investigation is a rigorous and professional one. It is likely to be concluded later this year.

Under the current law the investigators’ report will be submitted to the Lord Advocate. Even if that report reaches the conclusion that there are grounds for prosecution, it is for the Lord Advocate to decide whether any prosecutions should in fact be brought. He could decide not to proceed.

Given that any charges would be against (i) police officers acting under the oversight of, and subject to direction by, the Crown Office; (ii) forensic scientists instructed and called as witnesses by the Crown Office; and (iii) members of the Crown Office’s prosecution team at the Lockerbie trial, there is an obvious conflict of interest involved in the current head of the Crown Office being the person to decide whether prosecutions should be commenced. This is all the more so when one considers recent statements dismissive of concerns about the Lockerbie investigation, prosecution and conviction made by the present Lord Advocate while Police Scotland’s investigation was still live and ongoing (not to mention older such statements).

In these circumstances it is submitted that now, before Police Scotland’s report is ready for submission, the necessary steps should be taken to avoid the Lord Advocate finding himself in the embarrassing position regarding conflict of interest that the report’s landing on his desk would place him and the Crown Office in. The police report should rather be handed to, and the decision whether prosecutions ought to follow should be devolved to, an independent lawyer outwith the Crown Office. Our American cousins in analogous situations make use of a special prosecutor or independent counsel. This is one area in which we can learn from them. Why not start putting the mechanism in place now?

Justice Committee keeps open Megrahi petition

At its meeting this morning the Scottish Parliament’s Justice Committee decided unanimously to keep open Justice for Megrahi’s petition. This enables the Committee to continue to maintain a watching brief in relation to Lockerbie developments, in particular Police Scotland’s ongoing investigation of JFM’s allegations of criminality in the Lockerbie investigation, prosecution and trial; and the joint application to the Scottish Criminal Cases Review Commission by Megrahi family members and relatives of Lockerbie victims. The Committee’s proceedings can be viewed here. The speech by John Finnie MSP (and especially his critical remarks about recent statements by the Lord Advocate) merits particular attention.

Rev’d John Mosey, Dr Jim Swire, Iain McKie, Robert Forrester and I were present during the session.

The Justice Committee and the Megrahi petition

A reminder that consideration of Justice for Megrahi’s petition calling for an independent inquiry into the Lockerbie investigation, prosecution and conviction (PE1370) forms part of agenda item 2 for the meeting of the Scottish Parliament’s Justice Committee to be held today, Tuesday, at 10am in Holyrood Committee Room 2. The agenda and supporting documents can be accessed here. The proceedings can be followed live on Parliament TV.

Not Guilty pleas entered by Megrahi and Fhimah

[What follows is the text of a report from The Associated Press news agency published on this date fifteen years ago:]

The two Libyan defendants charged in the 1988 bombing of Pan Am Flight 103 over Lockerbie, Scotland, pleaded innocent today at a pretrial hearing in the Scottish High Court. Although the trial is scheduled to begin May 3 at a former US air base in the Netherlands, the pretrial session was held in Edinburgh because the defendants did not express a desire to be present.

"In the absence of my client, I formally enter a plea of not guilty to the indictments," said defense attorney Bill Taylor, representing defendant Abdel Basset Ali al-Megrahi. Attorney Richard Keen entered an innocent plea on behalf of co-defendant Lamen Khalifa Fhimah. The pleas, which had been expected at a later stage, were a surprise ending at a one-hour hearing held to resolve a disagreement between prosecutors and defense lawyers on measures to conceal the identities of sensitive witnesses. The two sides agreed that the measures would be decided on a case-by-case basis.

Both sides also said they were ready to begin the trial on May 3, following several postponements since the suspects last April were handed over by Libya for trial in the Netherlands.

Out of court negotiations between prosecutors and the defense team have resulted in agreements on evidence that may shorten the length of the trial, previously estimated at one year. "Good progress is being made as to the agreement of noncontroversial evidence," said Taylor. As a result, he expected that hundreds of witnesses would not have to appear to give testimony. Last month, the Scotland on Sunday newspaper reported that the prosecution's star witness had watered down his testimony that he saw Al-Megrahi placing a suspicious suitcase on the luggage carousel at Malta airport, where both of them worked. That suitcase allegedly made its way to Frankfurt and then London, where prosecutors say it was placed aboard the Pan Am airliner.

When defense attorneys recently interviewed the witness, identified as Libyan defector Abu Maged Jiacha [RB: normally written Abdul Majid Giaka], in the United States, he said he saw someone who looked like Al-Megrahi take the suitcase off the carousel, according to the newspaper report. The reported change was seen as a setback to the prosecution case. At a pretrial hearing in December in the Netherlands, prosecutors had requested permission to have witnesses appear in disguises. They argued that identification by the public would jeopardize the lives and livelihoods of the witnesses. Many among the more than 1,000 prosecution witnesses are present or former employees of US and European intelligence agencies.

According to several legal sources and media reports, Jiacha wore a blond lady's wig and heavy makeup during the encounter with defense lawyers, held in the back of a van traveling through suburban Washington. Today's hearing was told by Bill Taylor QC, for Megrahi, that the trial courtroom will be divided in two by a glass screen, with the public on one side and the well of the court on the other. Blinds would be raised, covering about half the glass, preventing the public from seeing the witnesses, he said.

Detailing the revised Crown request on the identity of witnesses, the Solicitor General said the judge had already ruled out elaborate methods of disguise such as masks. He said the judge had made clear it was always open to a witness to alter his appearance by methods like growing a beard or changing his hair style, and the issues could to be dealt with on a witness-by-witness basis. "The purpose ... is to prevent the identity of the witnesses travelling further than the well of the court," he said. Mr Boyd said former East German security service members had indicated "reluctance - in one case extreme reluctance" to come to court if their true identities were revealed.

The Crown (prosecution) also revealed that it would not seek to determine where in the Camp Zeist courtroom observers appointed by the UN should sit. Mr Boyd said the Crown would not seek to prevent UN observers at the trial from having the same view of witnesses as was visible to the two accused men.

Conviction unsafe and unsatisfactory

[On 31 January 2001, Abdelbaset Megrahi was convicted of the Lockerbie bombing. Here is something that I wrote on 1 February:]

The Reasons for Convicting Megrahi In paragraph 89 of the Opinion of the Court the judges say: “We are aware that in relation to certain aspects of the case there are a number of uncertainties and qualifications.  We are also aware that there is a danger that by selecting parts of the evidence which seem to fit together and ignoring parts which might not fit, it is possible to read into a mass of conflicting evidence a pattern or conclusion which is not really justified.” The danger may have been recognised.  But it has not been avoided. i.    Who was the purchaser of the clothing and when did he do it? The judges held it proved (a) that it was Megrahi who bought from Mary’s House in Malta the clothes and umbrella which were in the suitcase with the bomb and (b) that the date of purchase was 7 December 1988 (when Megrahi was on Malta) and not 23 November 1988 (when he was not). As regards (a), the most that the Maltese shopkeeper, Tony Gauci, would say (either in his evidence in court or in a series of police statements) was that Megrahi “resembled a lot” the purchaser, a phrase which he equally used with reference to Abu Talb, one of those named in the special defence of incrimination lodged on behalf of Megrahi.  Gauci had also described the purchaser to the police as being six feet tall and over 50 years of age. The evidence at the trial established (i) that Megrahi is 5 feet 8 inches tall and (ii) that in late 1988 he was 36 years of age.  On this material the judges found in fact that Megrahi was the purchaser. As regards (b), the evidence of Tony Gauci was that when the purchaser left his shop it was raining (or at least drizzling) to such an extent that his customer thought it advisable to buy an umbrella  to protect himself while he went in search of a taxi. The unchallenged meteorological evidence established that while it had rained on 23 November at the relevant time, it was unlikely that it had rained at all on 7 December, and if it had it would have been only a few drops, insufficient to wet the street.  On this material, the judges found in fact that the clothes were purchased on 7 December. ii.    Did the bomb start from Malta? The judges held it proved that there was a piece of unaccompanied baggage on Flight KM 180 from Malta to Frankfurt on 21 December 1988 which was then carried on to Heathrow.  The evidence supporting that finding was a computer printout which could be interpreted to indicate that a piece of baggage went through the particular luggage coding station at Frankfurt used for baggage from KM 180 and was routed towards the feeder flight to Heathrow, at a time consistent with its having been offloaded from KM 180. Against this, the evidence from Malta Airport was to the effect that there was no unaccompanied bag on that flight to Frankfurt.  All luggage on that flight was accounted for.  The number of bags loaded into the hold matched the number of bags checked in (and subsequently collected) by the passengers on the aircraft.  The court nevertheless held it proved that there had been a piece of unaccompanied baggage on Flight KM 180. iii.   Where did the fragment of timer come from? An important link to Libya in the evidence was a fragment of circuit board from a MST-13 timer manufactured by MeBo. Timers of this model were supplied predominantly to Libya (though a few did go elsewhere, such as to the Stasi in East Germany).  This fragment is also important since it is the only piece of evidence that indicates that the Lockerbie bomb was detonated by a stand-alone timing mechanism, as distinct from a short-term timer triggered by a barometric device, of the type displayed in the bombs and equipment found at Neuss in the Autumn Leaves operation.  The provenance of this vitally important piece of evidence was challenged by the defence, and in their written Opinion the judges accept that in a number of respects this fragment, for reasons that were never satisfactorily explained, was not dealt with by the investigators and forensic scientists in the same way as other pieces of electronic circuit board (of which there were many).  The judges say that they are satisfied that there is no sinister reason for the differential treatment. But they do not find it necessary enlighten us regarding the reasons for their satisfaction. These are some of the many factors that lead me to be astonished that the court found itself able to be satisfied beyond reasonable doubt of the guilt of Megrahi, and which equally convince me that his conviction is unsafe and unsatisfactory.