[This is the headline over an article in today's edition of The Times. It reads in part:]
The investigating officers who led the original inquiry into the Lockerbie bombing have made an unprecedented intervention in the case to argue against the release of the Libyan convicted of the attack.
In a letter to the Justice Secretary, Kenny MacAskill, the Scottish police chief and the FBI boss who led the international investigation 20 years ago launch a powerfully worded plea against the release of Abdul Baset Ali al-Megrahi, who is serving a minimum sentence of 25 years for his part in the bombing.
In the letter obtained by The Times, Stuart Henderson, the retired senior investigating officer at the Lockerbie Incident Control Centre, and Richard Marquise, the FBI special agent in charge of the US taskforce, whose detective work helped to convict Abdul Baset Ali al-Megrahi, insist that he is guilty. They also argue that his release would “nullify the dedicated work of dozens of law enforcement and intelligence officials around the world”. (...)
In the letter sent to Kenny MacAskill last month, Mr Henderson and Mr Marquise claim the evidence they gathered added to a “strong circumstantial case” against al-Megrahi, and point out that Libya has admitted culpability for the bombing of Pan Am Flight 103 on a number of occasions since.
They say that releasing him would make a mockery of the work undertaken during the Lockerbie investigation, the biggest murder inquiry in British history, involving Scottish police, Scotland Yard, the FBI and other agencies from around the world.
The pair write: “To release Mr Megrahi to a regime which has admitted culpability for killing 270 citizens of the world would be a mistake. It would nullify the dedicated work of dozens of law enforcement and intelligence officials around the world who only wanted to find the truth.”
The detectives acknowledge al-Megrahi's poor health but contend it should not be a reason to release him.
“The eight judges who have already heard the evidence including three who were able to observe each witness under direct and cross-examination came to the same conclusion the rest of us did - Mr Megrahi was guilty of murder. His current health situation does not change that.”
Mr MacAskill, who is awaiting independent medical reports assessing al-Megrahi's condition, is expected to make a decision on his future by the end of this month. On Wednesday, the minister took the unprecedented step of visiting the Libyan in jail, prompting accusations that he was undermining the legal process. Al-Megrahi's second appeal is currently under way, although he will be forced to abandon his attempt to clear his name if he wishes to pursue a prisoner transfer. Release on compassionate grounds would allow him to continue with the appeal after being freed.
[Note by RB: Mr Henderson and Mr Marquise are gravely in error when they say that "The eight judges who have already heard the evidence ... came to the same conclusion as the rest of us did - Mr Megrahi was guilty of murder." Only the three judges at the Zeist trial heard the evidence and reached that conclusion. The five judges at the 2002 appeal made it clear that they had not considered the sufficiency of the evidence against Megrahi nor whether any reasonable tribunal could have convicted on that evidence. In paragraph 369 of their Opinion they said:
“When opening the case for the appellant before this court Mr Taylor [senior counsel for Megrahi] stated that the appeal was not about sufficiency of evidence: he accepted that there was a sufficiency of evidence. He also stated that he was not seeking to found on section 106(3)(b) of the 1995 Act [verdict unreasonable on the evidence]. His position was that the trial court had misdirected itself in various respects. Accordingly in this appeal we have not required to consider whether the evidence before the trial court, apart from the evidence which it rejected, was sufficient as a matter of law to entitle it to convict the appellant on the basis set out in its judgment. We have not had to consider whether the verdict of guilty was one which no reasonable trial court, properly directing itself, could have returned in the light of that evidence.”
The true position, as I have written elsewhere, is this:
"As far as the outcome of the appeal is concerned, some commentators have confidently opined that, in dismissing Megrahi’s appeal, the Appeal Court endorsed the findings of the trial court. This is not so. The Appeal Court repeatedly stresses that it is not its function to approve or disapprove of the trial court’s findings-in-fact, given that it was not contended on behalf of the appellant that there was insufficient evidence to warrant them or that no reasonable court could have made them. These findings-in-fact accordingly continue, as before the appeal, to have the authority only of the court which, and the three judges who, made them."
In June 2007, after a three-year investigation, the Scottish Criminal Cases Review Commission came to the conclusion that Megrahi's conviction may have constituted a miscarriage of justice. One of its six reasons for so finding was that in respect of absolutely crucial findings in fact by the trial court (the date of purchase of the clothing that surrounded the bomb and, hence, the identity of the purchaser) no reasonable tribunal could have reached the conclusion that the evidence established that it was Megrahi.
And whether Libya has admitted culpability for the Lockerbie tragedy has no bearing on whether a particular Libyan citizen was properly convicted or should now be released on compassionate grounds. But, of course, Libya has not admitted culpability. Here is a link to the official Libyan position which is that "Libya accepts responsibility for the actions of its officials". If, as a result of the present appeal, Megrahi's conviction is quashed there is no Libyan government admission of responsibility or culpability.]
Friday, 7 August 2009
Thursday, 6 August 2009
Linking compassionate release to dropping appeal
'Last month The Herald revealed that Megrahi had applied to return to Tripoli on "compassionate release" because he is terminally ill.
'Technically he could continue his appeal, but there is a growing expectation that he would be encouraged to first drop legal proceedings.'
These two sentences from The Herald's report on the Cabinet Secretary for Justice's meeting with Abdelbaset Megrahi are troubling. If the suggestion is that the Justice Department is encouraging Megrahi to abandon his appeal as a condition of being granted compassionate release, or is indicating that abandonment would improve his prospects of being granted compassionate release, this would be highly improper conduct on the part of the Department. The abandonment of an ongoing appeal is legally a wholly irrelevant consideration in the formulation of any decision on compassionate release; and a decision taken having regard to this irrelevant consideration would be judicially challengeable.
Moreover, it would make no sense: the advantage of compassionate release over prisoner transfer is precisely that it enables Megrahi's appeal to proceed; and it is clearly in the Scottish public interest that the widespread concerns over his conviction should be ventilated in court and judicially adjudicated upon, however embarrassing this may be for elements within the Scottish criminal justice system.
'Technically he could continue his appeal, but there is a growing expectation that he would be encouraged to first drop legal proceedings.'
These two sentences from The Herald's report on the Cabinet Secretary for Justice's meeting with Abdelbaset Megrahi are troubling. If the suggestion is that the Justice Department is encouraging Megrahi to abandon his appeal as a condition of being granted compassionate release, or is indicating that abandonment would improve his prospects of being granted compassionate release, this would be highly improper conduct on the part of the Department. The abandonment of an ongoing appeal is legally a wholly irrelevant consideration in the formulation of any decision on compassionate release; and a decision taken having regard to this irrelevant consideration would be judicially challengeable.
Moreover, it would make no sense: the advantage of compassionate release over prisoner transfer is precisely that it enables Megrahi's appeal to proceed; and it is clearly in the Scottish public interest that the widespread concerns over his conviction should be ventilated in court and judicially adjudicated upon, however embarrassing this may be for elements within the Scottish criminal justice system.
MacAskill in row over prison visit to Megrahi
[This is the headline over The Herald's report on reactions to the Justice Secretary's visit to Abdelbaset Megrahi. It reads in part:]
Labour has been plunged into a row over the party's criticism of the Scottish Justice Secretary's visit to the man convicted of the Lockerbie bombing.
Opposition politicians rounded on Kenny MacAskill after he met Abdelbaset Ali Mohmed al Megrahi as he considers a request for him to be transferred to Libya. Labour's justice spokesman, Richard Baker, accused Mr MacAskill of setting a "dangerous precedent" by visiting the Libyan in Greenock Prison, where he is serving a 27-year sentence.
He said: "Does every convicted murderer get a chance to meet the Justice Minister if they fall ill? Megrahi's appeal is ongoing and Mr MacAskill should not be meeting this man."
But Tam Dalyell, the former Labour MP who has long argued Megrahi's innocence, told The Herald: "I feel very strongly that Mr MacAskill was right to have gone to see Mr Megrahi.
"He was my opponent and I have disagreed with Mr MacAskill on many matters, but on this, I strongly support him."
When asked if criticism of his visit was wrong, he replied "totally" before adding of the Justice Secretary's decision: "He has already seen the relatives of victims of the bombing. He has already seen the US law officers and frankly it's a unique case.
"I believe Megrahi had nothing to do with the crime and that he was a sanctions-buster for Libyan airlines.
"But on this particular point, I think it's totally unfair to criticise Mr MacAskill for going to see him. I wish Labour members of the Scottish Parliament had shown more interest in the whole Lockerbie saga and clearly Mr Baker knows little about it." (...)
In May the Libyan Government applied for the prisoner transfer of Megrahi under a controversial agreement signed with Westminster. However, for the transfer to go ahead Megrahi would have to first drop his appeal.
Last month The Herald revealed that Megrahi had applied to return to Tripoli on "compassionate release" because he is terminally ill.
Technically he could continue his appeal, but there is a growing expectation that he would be encouraged to first drop legal proceedings. (...)
Professor Robert Black, one of the architects of the trial at Zeist, said the visit was a "first" in Scottish legal history, but expressed concerns about any pressure being placed on Megrahi to drop the appeal.
A Scottish Government spokesman said: "The Justice Secretary is quite clear that he must have the fullest picture possible before making this important decision.
"To suggest he may do the same for any other convicted prisoner is just ridiculous. This is a unique situation."
[The Scotsman's report on the issue can be read here. The Times's report contains the following:
'Yesterday, after a half-hour visit to the Libyan in Greenock Prison by Kenny MacAskill, the Justice Secretary, it was revealed that a medical report on al-Megrahi's condition had been ordered by the Scottish government, and a spokeswoman said that it was expected soon. “The Cabinet Secretary is keen to move on it as soon as he can,” she added.
'Clear signs that ministers are anxious to resolve the matter in the Libyan's favour if possible came when it was indicated that they intended to be “flexible” in interpreting the rules which govern the term “compassionate grounds”. Scottish Prison Service guidelines state that these mean that inmates with three months to live or less may be released. However, it emerged that these guidelines could be relaxed in al-Megrahi's case. (...)
'A spokeswoman for Mr MacAskill said he spent about half an hour with al-Megrahi during the visit, which had been arranged while the minister was considering the Libyan's application for a transfer. The Justice Secretary has already spoken to the US Attorney General and British and American victims' families as part of considering the request. The spokeswoman confirmed that the visit would be used, not only to consider the prisoner transfer issue, but al-Megrahi's subsequent plea for release on compassionate grounds.
'“We are seeking medical advice and medical reports which we would not have sought under the prisoner transfer application. We are hoping to get the reports as soon as we can. The Cabinet Secretary is keen to move on it as soon as he can,” she said.
'When asked if the decision would be dependent on whether al-Megrahi had three months or less to live, the spokeswoman replied: “They are guidelines, they are flexible.” The Times understands that Mr MacAskill is aiming to make an announcement before the end of this month.
'Supporters are hoping the Libyan will be granted compassionate release in order to allow the continuation of his latest attempt to clear his name. The Scottish Criminal Cases Review Commission referred his case back to the courts two years ago on six points that may have constituted a miscarriage of justice. The first stage of the appeal has been heard in Edinburgh, but no ruling is expected until the autumn as one of the presiding judges is recovering from heart surgery.
'Pursuing a prisoner transfer, on the other hand, would force al-Megrahi to abandon his appeal. The terms of the deal permit deliberations, but forbid a final decision on the request while legal proceedings are taking place.']
Labour has been plunged into a row over the party's criticism of the Scottish Justice Secretary's visit to the man convicted of the Lockerbie bombing.
Opposition politicians rounded on Kenny MacAskill after he met Abdelbaset Ali Mohmed al Megrahi as he considers a request for him to be transferred to Libya. Labour's justice spokesman, Richard Baker, accused Mr MacAskill of setting a "dangerous precedent" by visiting the Libyan in Greenock Prison, where he is serving a 27-year sentence.
He said: "Does every convicted murderer get a chance to meet the Justice Minister if they fall ill? Megrahi's appeal is ongoing and Mr MacAskill should not be meeting this man."
But Tam Dalyell, the former Labour MP who has long argued Megrahi's innocence, told The Herald: "I feel very strongly that Mr MacAskill was right to have gone to see Mr Megrahi.
"He was my opponent and I have disagreed with Mr MacAskill on many matters, but on this, I strongly support him."
When asked if criticism of his visit was wrong, he replied "totally" before adding of the Justice Secretary's decision: "He has already seen the relatives of victims of the bombing. He has already seen the US law officers and frankly it's a unique case.
"I believe Megrahi had nothing to do with the crime and that he was a sanctions-buster for Libyan airlines.
"But on this particular point, I think it's totally unfair to criticise Mr MacAskill for going to see him. I wish Labour members of the Scottish Parliament had shown more interest in the whole Lockerbie saga and clearly Mr Baker knows little about it." (...)
In May the Libyan Government applied for the prisoner transfer of Megrahi under a controversial agreement signed with Westminster. However, for the transfer to go ahead Megrahi would have to first drop his appeal.
Last month The Herald revealed that Megrahi had applied to return to Tripoli on "compassionate release" because he is terminally ill.
Technically he could continue his appeal, but there is a growing expectation that he would be encouraged to first drop legal proceedings. (...)
Professor Robert Black, one of the architects of the trial at Zeist, said the visit was a "first" in Scottish legal history, but expressed concerns about any pressure being placed on Megrahi to drop the appeal.
A Scottish Government spokesman said: "The Justice Secretary is quite clear that he must have the fullest picture possible before making this important decision.
"To suggest he may do the same for any other convicted prisoner is just ridiculous. This is a unique situation."
[The Scotsman's report on the issue can be read here. The Times's report contains the following:
'Yesterday, after a half-hour visit to the Libyan in Greenock Prison by Kenny MacAskill, the Justice Secretary, it was revealed that a medical report on al-Megrahi's condition had been ordered by the Scottish government, and a spokeswoman said that it was expected soon. “The Cabinet Secretary is keen to move on it as soon as he can,” she added.
'Clear signs that ministers are anxious to resolve the matter in the Libyan's favour if possible came when it was indicated that they intended to be “flexible” in interpreting the rules which govern the term “compassionate grounds”. Scottish Prison Service guidelines state that these mean that inmates with three months to live or less may be released. However, it emerged that these guidelines could be relaxed in al-Megrahi's case. (...)
'A spokeswoman for Mr MacAskill said he spent about half an hour with al-Megrahi during the visit, which had been arranged while the minister was considering the Libyan's application for a transfer. The Justice Secretary has already spoken to the US Attorney General and British and American victims' families as part of considering the request. The spokeswoman confirmed that the visit would be used, not only to consider the prisoner transfer issue, but al-Megrahi's subsequent plea for release on compassionate grounds.
'“We are seeking medical advice and medical reports which we would not have sought under the prisoner transfer application. We are hoping to get the reports as soon as we can. The Cabinet Secretary is keen to move on it as soon as he can,” she said.
'When asked if the decision would be dependent on whether al-Megrahi had three months or less to live, the spokeswoman replied: “They are guidelines, they are flexible.” The Times understands that Mr MacAskill is aiming to make an announcement before the end of this month.
'Supporters are hoping the Libyan will be granted compassionate release in order to allow the continuation of his latest attempt to clear his name. The Scottish Criminal Cases Review Commission referred his case back to the courts two years ago on six points that may have constituted a miscarriage of justice. The first stage of the appeal has been heard in Edinburgh, but no ruling is expected until the autumn as one of the presiding judges is recovering from heart surgery.
'Pursuing a prisoner transfer, on the other hand, would force al-Megrahi to abandon his appeal. The terms of the deal permit deliberations, but forbid a final decision on the request while legal proceedings are taking place.']
Jim Swire interview
Dr Jim Swire was interviewed on STV yesterday in the context of Justice Secretary Kenny MacAskill's visit to Abdelbaset Megrahi in HMP Greenock. The interview can be viewed here.
There are interesting articles on the issue and on Lockerbie generally in The Independent by the paper's Defence Correspondent Kim Sengupta. They can be read here and here. A short article in The New York Times can be read here and a longer one from the Congressional Quarterly website CQ Politics can be read here.
There are interesting articles on the issue and on Lockerbie generally in The Independent by the paper's Defence Correspondent Kim Sengupta. They can be read here and here. A short article in The New York Times can be read here and a longer one from the Congressional Quarterly website CQ Politics can be read here.
Wednesday, 5 August 2009
Dutch TV documentary 'Lockerbie revisited'
Dr Jim Swire has suggested that it would be useful to have a link on this blog to the Dutch television documentary directed by Gideon Levy that was broadcast in Europe in April (and had a by-invitation-only showing in the Scottish Parliament). I am happy to oblige. The film can be watched here.
At the suggestion of a reader, I am also posting here a link to Allan Francovich's 1994 film The Maltese Double Cross. The audio and visual quality is not high.
At the suggestion of a reader, I am also posting here a link to Allan Francovich's 1994 film The Maltese Double Cross. The audio and visual quality is not high.
Scotland considers freeing Lockerbie bomber on compassionate grounds
The Libyan jailed for the Lockerbie bombing could be released soon on compassionate grounds after Scottish ministers were told his prostate cancer is at a terminal stage.
The Scottish justice minister, Kenny Macaskill, has been given "compelling" new medical reports that show Abdelbaset Ali Mohmed al-Megrahi's prostate cancer has significantly worsened over the last few weeks and is in its final stages.
Macaskill took the unprecedented step of visiting Megrahi – who was jailed in 2001 for a minimum of 25 years for bombing Pam Am flight 103 in December 1988 – at Greenock prison earlier today after the Libyan government made two formal requests for his early release. (...)
It is thought that Megrahi pleaded to be allowed to die at home in Libya when he met Macaskill today. The minister would not comment after leaving the prison this morning and Megrahi's lawyer, Tony Kelly, who was present at the meeting, refused to discuss the case.
Sources have indicated that Megrahi's release on compassionate grounds is the first option being considered by Macaskill, with a decision expected before the end of this month.
Christine Grahame, the Scottish National party MSP for South of Scotland, who visited Megrahi in prison recently, said she believed the medical case for his compassionate release had become very powerful. "He's not responding well to chemotherapy," she said. "He's in the terminal stages and the prognosis is in terms of months or extended weeks; certainly not into next year. That man is desperate to be home."
Sending Megrahi to continue his sentence in a Libyan jail under the prisoner transfer agreement would require the former Libyan sanctions buster to drop his appeal – a move he is thought to be resisting. Backed by many relatives of the British victims and senior Scottish legal figures, Megrahi has insisted he is innocent of the bombing – a claim disputed by the US authorities, the CIA and American relatives of the dead.
If it continues, his appeal will hear new evidence that casts significant doubt on the reliability and accuracy of a Maltese shopkeeper who was the lead witness, the conduct of Scottish detectives and scientific evidence about the bombing.
The Scottish government is under intense diplomatic pressure from the US government to keep Megrahi in prison. The US state department and its attorney general, Eric Holder, have formally opposed the Libyan applications.
Macaskill said he recently had a "pretty difficult" video conference with US relatives who reject Megrahi's claim that he is innocent and believe he should die in prison.
Sources have indicated that Megrahi's rapidly worsening condition makes it more difficult to argue against his release on compassionate grounds, but it poses a different dilemma for Macaskill.
His compassionate release would allow him to continue his appeal and for the appeal to be heard after his death. If the appeal succeeds, the Scottish legal system and police would face intense criticism and embarrassing claims that Megrahi was deliberately framed for the bombing.
Grahame said: "It would be much more damaging for the Scottish judicial system if the appeal didn't continue but the material later came out in the public domain which showed there was a miscarriage of justice."
[From a report by Scotland correspondent Severin Carrell on the website of The Guardian.]
The Scottish justice minister, Kenny Macaskill, has been given "compelling" new medical reports that show Abdelbaset Ali Mohmed al-Megrahi's prostate cancer has significantly worsened over the last few weeks and is in its final stages.
Macaskill took the unprecedented step of visiting Megrahi – who was jailed in 2001 for a minimum of 25 years for bombing Pam Am flight 103 in December 1988 – at Greenock prison earlier today after the Libyan government made two formal requests for his early release. (...)
It is thought that Megrahi pleaded to be allowed to die at home in Libya when he met Macaskill today. The minister would not comment after leaving the prison this morning and Megrahi's lawyer, Tony Kelly, who was present at the meeting, refused to discuss the case.
Sources have indicated that Megrahi's release on compassionate grounds is the first option being considered by Macaskill, with a decision expected before the end of this month.
Christine Grahame, the Scottish National party MSP for South of Scotland, who visited Megrahi in prison recently, said she believed the medical case for his compassionate release had become very powerful. "He's not responding well to chemotherapy," she said. "He's in the terminal stages and the prognosis is in terms of months or extended weeks; certainly not into next year. That man is desperate to be home."
Sending Megrahi to continue his sentence in a Libyan jail under the prisoner transfer agreement would require the former Libyan sanctions buster to drop his appeal – a move he is thought to be resisting. Backed by many relatives of the British victims and senior Scottish legal figures, Megrahi has insisted he is innocent of the bombing – a claim disputed by the US authorities, the CIA and American relatives of the dead.
If it continues, his appeal will hear new evidence that casts significant doubt on the reliability and accuracy of a Maltese shopkeeper who was the lead witness, the conduct of Scottish detectives and scientific evidence about the bombing.
The Scottish government is under intense diplomatic pressure from the US government to keep Megrahi in prison. The US state department and its attorney general, Eric Holder, have formally opposed the Libyan applications.
Macaskill said he recently had a "pretty difficult" video conference with US relatives who reject Megrahi's claim that he is innocent and believe he should die in prison.
Sources have indicated that Megrahi's rapidly worsening condition makes it more difficult to argue against his release on compassionate grounds, but it poses a different dilemma for Macaskill.
His compassionate release would allow him to continue his appeal and for the appeal to be heard after his death. If the appeal succeeds, the Scottish legal system and police would face intense criticism and embarrassing claims that Megrahi was deliberately framed for the bombing.
Grahame said: "It would be much more damaging for the Scottish judicial system if the appeal didn't continue but the material later came out in the public domain which showed there was a miscarriage of justice."
[From a report by Scotland correspondent Severin Carrell on the website of The Guardian.]
Lockerbie families' anger as bomber al-Megrahi gets ministerial visit
Lockerbie victim families expressed anger today after the Scottish Justice Secretary made an unprecedented visit to the bomber in prison as speculation grew that he could be returned to Libya.
Kenny MacAskill met with Abdel Basset Ali al-Megrahi, 57, at Greenock Prison, as part of ongoing deliberations about his future. It is thought to be the first time a senior Holyrood minister has visited a convicted killer in jail.
In May, Libyan authorities applied for al-Megrahi's repatriation under the terms of a controversial prisoner transfer deal agreed by Tripoli and the UK. That request was followed last week by a separate application for al-Megrahi's release on compassionate grounds. He is suffering from prostate cancer and his condition is now said to be terminal. (...)
Supporters are hoping the Libyan will be granted compassionate release in order to allow the continuation of his latest attempt to clear his name. The Scottish Criminal Cases Review Commission referred his case back to court two years ago on six points that may have constituted a miscarriage of justice. The first stage of the appeal has already been heard in Edinburgh, but no ruling is expected until the autumn as one of the judges presiding over the case has had to undergo heart surgery.
Pursuing a prisoner transfer, on the other hand, would force al-Megrahi to abandon his appeal. The terms of the deal permit deliberations, but forbid a final decision on the request while legal proceedings are taking place. Reports yesterday suggested that al-Megrahi is now moving towards agreeing to drop the appeal, clearing the way for him to serve the rest of his sentence in Libya. (...)
American victims' families are thought to be considering a judicial appeal if Scotland agrees to a prisoner transfer.
Kathleen Flynn, from New Jersey, who lost her son JP in the atrocity, said: "When are we going to come to the conclusion that what happened happened and we're going to punish the people who did it?
"My feeling is that when someone has committed a crime as serious as his, why would you decide he should go someplace else? He should be punished in the country that he performed the crime in."
Mrs Flynn also dismissed claims that the Libyan's health is deteriorating.
"My husband had prostate cancer," she said. "He had it 10 years ago and he is still alive and well 10 years later."
Christine Grahame, the SNP MSP for the South of Scotland, who visited al-Megrahi in jail in June, argued that the Libyan should be given compassionate release.
"The trouble with a prisoner transfer is it will never be resolved through the Scottish courts," she said.
"The appeal must proceed and justice be done and seen to be done."
She also rejected suggestions that Mr MacAskill's visit set a "dangerous precedent."
She added: "I think it's appropriate that when someone's considering what's to happen to someone who's terminally ill and in prison that all aspects are examined."
[From a report just posted on the website of The Times.]
Kenny MacAskill met with Abdel Basset Ali al-Megrahi, 57, at Greenock Prison, as part of ongoing deliberations about his future. It is thought to be the first time a senior Holyrood minister has visited a convicted killer in jail.
In May, Libyan authorities applied for al-Megrahi's repatriation under the terms of a controversial prisoner transfer deal agreed by Tripoli and the UK. That request was followed last week by a separate application for al-Megrahi's release on compassionate grounds. He is suffering from prostate cancer and his condition is now said to be terminal. (...)
Supporters are hoping the Libyan will be granted compassionate release in order to allow the continuation of his latest attempt to clear his name. The Scottish Criminal Cases Review Commission referred his case back to court two years ago on six points that may have constituted a miscarriage of justice. The first stage of the appeal has already been heard in Edinburgh, but no ruling is expected until the autumn as one of the judges presiding over the case has had to undergo heart surgery.
Pursuing a prisoner transfer, on the other hand, would force al-Megrahi to abandon his appeal. The terms of the deal permit deliberations, but forbid a final decision on the request while legal proceedings are taking place. Reports yesterday suggested that al-Megrahi is now moving towards agreeing to drop the appeal, clearing the way for him to serve the rest of his sentence in Libya. (...)
American victims' families are thought to be considering a judicial appeal if Scotland agrees to a prisoner transfer.
Kathleen Flynn, from New Jersey, who lost her son JP in the atrocity, said: "When are we going to come to the conclusion that what happened happened and we're going to punish the people who did it?
"My feeling is that when someone has committed a crime as serious as his, why would you decide he should go someplace else? He should be punished in the country that he performed the crime in."
Mrs Flynn also dismissed claims that the Libyan's health is deteriorating.
"My husband had prostate cancer," she said. "He had it 10 years ago and he is still alive and well 10 years later."
Christine Grahame, the SNP MSP for the South of Scotland, who visited al-Megrahi in jail in June, argued that the Libyan should be given compassionate release.
"The trouble with a prisoner transfer is it will never be resolved through the Scottish courts," she said.
"The appeal must proceed and justice be done and seen to be done."
She also rejected suggestions that Mr MacAskill's visit set a "dangerous precedent."
She added: "I think it's appropriate that when someone's considering what's to happen to someone who's terminally ill and in prison that all aspects are examined."
[From a report just posted on the website of The Times.]
Minister talks to Lockerbie bomber
Scottish Justice Secretary Kenny MacAskill has met the Lockerbie bomber in prison as he considered a request for him to be transferred to Libya.
Abdelbaset Ali Mohmed Al Megrahi has terminal prostate cancer and has also lodged a separate application for compassionate release.
The pair met in Greenock prison where Megrahi is serving a life sentence for his 2001 conviction for blowing up Pan Am flight 103 in December 1988, which left 270 people dead.
Mr MacAskill, who has the final say over whether Megrahi should be transferred or released, arrived in his ministerial car at 9am and left an hour later, making no comment.
Megrahi's lawyer Tony Kelly also took part in the visit but made no comment as he left the jail just after 10am.
The Libyan authorities have asked for Megrahi to be moved to a jail in his homeland under the recently agreed prisoner transfer agreement.
Mr MacAskill cannot grant the prisoner a transfer while his appeal against his conviction for the bombing goes through the courts. However, the Justice Secretary can still consider the application from Libya.
Megrahi has also made a separate appeal for release on compassionate grounds as he has terminal cancer. He would not have to drop his appeal for this to be granted, unlike the prisoner transfer option.
Mr MacAskill has said that political and economic factors will not influence his decision and that a 90-day deadline on the prisoner transfer will not be met.
The minister has spoken to the US Attorney General and the US and British families of the Lockerbie bomb victims.
[This is the text of a report from the Press Association news agency. It can be accessed here.]
Abdelbaset Ali Mohmed Al Megrahi has terminal prostate cancer and has also lodged a separate application for compassionate release.
The pair met in Greenock prison where Megrahi is serving a life sentence for his 2001 conviction for blowing up Pan Am flight 103 in December 1988, which left 270 people dead.
Mr MacAskill, who has the final say over whether Megrahi should be transferred or released, arrived in his ministerial car at 9am and left an hour later, making no comment.
Megrahi's lawyer Tony Kelly also took part in the visit but made no comment as he left the jail just after 10am.
The Libyan authorities have asked for Megrahi to be moved to a jail in his homeland under the recently agreed prisoner transfer agreement.
Mr MacAskill cannot grant the prisoner a transfer while his appeal against his conviction for the bombing goes through the courts. However, the Justice Secretary can still consider the application from Libya.
Megrahi has also made a separate appeal for release on compassionate grounds as he has terminal cancer. He would not have to drop his appeal for this to be granted, unlike the prisoner transfer option.
Mr MacAskill has said that political and economic factors will not influence his decision and that a 90-day deadline on the prisoner transfer will not be met.
The minister has spoken to the US Attorney General and the US and British families of the Lockerbie bomb victims.
[This is the text of a report from the Press Association news agency. It can be accessed here.]
Lockerbie bomber could be free in days as Justice Minister prepares for face-to-face meeting
[This is the headline over a story by Tom Hamilton in today's edition of the Daily Record, one of Scotland's largest-circulation tabloids. It reads in part:]
The Lockerbie bomber could be freed and flown home within days.
Justice Minister Kenny MacAskill will meet dying Abdelbaset Ali Mohmed al-Megrahi, 57, in his cell at Greenock Prison today.
He will then make a decision on whether to repatriate the Libyan, who has advanced prostate cancer, on "compassionate grounds".
If MacAskill recommends Megrahi's release he will be flown to Tripoli within a week, the Record understands from senior legal and diplomatic sources. (...)
Megrahi's outstanding appeal - his second - has been delayed, most recently after one of five judges hearing the case underwent heart surgery - postponing a possible outcome for months.
Megrahi was granted the new appeal more than two years ago on six different points suggesting his conviction may have been a miscarriage of justice. Even if he wins, the relatives of the 189 US victims - many of whom believe he is guilty - may demand a judicial review causing even more delays which he may not survive.
In another bid to free him, Libya applied for the transfer of Megrahi, a married dad-of-five, in May this year.
That followed a 2007 agreement between ex-PM Tony Blair and Colonel Gaddafi. But for a 'prisoner transfer' to happen Megrahi would have to drop his appeal, effectively admitting he is guilty.
His third option for freedom rests with the compassionate appeal to Scottish ministers. If granted, that would allow him to return home without dropping the appeal of abandoning any legal processes. (...)
MacAskill has been examining the compassionate case in recent days since it was lodged by Megrahi last month.
There is now a growing feeling that Megrahi will be allowed his freedom.
South of Scotland MSP Christine Grahame, who has also met Megrahi twice in recent months, said Scottish Prison Service officials have admitted they have no accommodation to manage him.
She added: "This makes the case for compassionate release absolutely imperative. That option is not subject to judicial review and is the only sensible compromise position in light of the fresh evidence and Mr Megrahi's deteriorating health."
She says if Megrahi dies in prison and is later cleared on appeal, the Scottish justice system would be condemned for having "failed so dramatically".
Margaret Scott, Megrahi's QC, recently told judges his health is deteriorating and he is experiencing a "relentless onset of symptoms".
[There is also a report on the BBC News website on today's forthcoming visit by the Cabinet Secretary for Justice. It can be read here.]
The Lockerbie bomber could be freed and flown home within days.
Justice Minister Kenny MacAskill will meet dying Abdelbaset Ali Mohmed al-Megrahi, 57, in his cell at Greenock Prison today.
He will then make a decision on whether to repatriate the Libyan, who has advanced prostate cancer, on "compassionate grounds".
If MacAskill recommends Megrahi's release he will be flown to Tripoli within a week, the Record understands from senior legal and diplomatic sources. (...)
Megrahi's outstanding appeal - his second - has been delayed, most recently after one of five judges hearing the case underwent heart surgery - postponing a possible outcome for months.
Megrahi was granted the new appeal more than two years ago on six different points suggesting his conviction may have been a miscarriage of justice. Even if he wins, the relatives of the 189 US victims - many of whom believe he is guilty - may demand a judicial review causing even more delays which he may not survive.
In another bid to free him, Libya applied for the transfer of Megrahi, a married dad-of-five, in May this year.
That followed a 2007 agreement between ex-PM Tony Blair and Colonel Gaddafi. But for a 'prisoner transfer' to happen Megrahi would have to drop his appeal, effectively admitting he is guilty.
His third option for freedom rests with the compassionate appeal to Scottish ministers. If granted, that would allow him to return home without dropping the appeal of abandoning any legal processes. (...)
MacAskill has been examining the compassionate case in recent days since it was lodged by Megrahi last month.
There is now a growing feeling that Megrahi will be allowed his freedom.
South of Scotland MSP Christine Grahame, who has also met Megrahi twice in recent months, said Scottish Prison Service officials have admitted they have no accommodation to manage him.
She added: "This makes the case for compassionate release absolutely imperative. That option is not subject to judicial review and is the only sensible compromise position in light of the fresh evidence and Mr Megrahi's deteriorating health."
She says if Megrahi dies in prison and is later cleared on appeal, the Scottish justice system would be condemned for having "failed so dramatically".
Margaret Scott, Megrahi's QC, recently told judges his health is deteriorating and he is experiencing a "relentless onset of symptoms".
[There is also a report on the BBC News website on today's forthcoming visit by the Cabinet Secretary for Justice. It can be read here.]
Monday, 3 August 2009
Megrahi taken to hospital
A usually reliable source informs me that Abdelbaset Megrahi was rushed from HMP Greenock to Inverclyde Royal Hospital at 08.00 this morning.
The BBC News website now has a report [timed 11.16] about the hospital visit. This report states that the visit was a planned one. It reads in part:
'The man convicted of the Lockerbie bombing has returned to Greenock Prison after a planned visit to hospital.
'It is understood Abdelbasset Ali al-Megrahi had an X-ray during a short stay of less than an hour at the Inverclyde Royal Hospital. (...)
'[In connection with the prisoner transfer and compassionate release applications] Justice Secretary Kenny MacAskill is to visit Megrahi in his cell on Wednesday.'
The BBC News website now has a report [timed 11.16] about the hospital visit. This report states that the visit was a planned one. It reads in part:
'The man convicted of the Lockerbie bombing has returned to Greenock Prison after a planned visit to hospital.
'It is understood Abdelbasset Ali al-Megrahi had an X-ray during a short stay of less than an hour at the Inverclyde Royal Hospital. (...)
'[In connection with the prisoner transfer and compassionate release applications] Justice Secretary Kenny MacAskill is to visit Megrahi in his cell on Wednesday.'
Friday, 31 July 2009
Megrahi deadline will be missed
[This is the headline over a report on the BBC News website. It reads in part:]
A 90-day deadline to decide the prison transfer request of the man convicted of the Lockerbie bombing will not be met by the Scottish Government.
Justice Secretary Kenny MacAskill told BBC Radio Scotland he needed more information before reaching a decision.
However, he stressed that the final outcome would not be affected by "political or economic" factors.
An application was received in May to let Abdelbaset Ali al-Megrahi complete his sentence in a Libyan jail.
Mr MacAskill is currently considering the transfer request as well as an application for release on compassionate grounds by the Libyan.
He told BBC Radio Scotland's Morning Extra programme: "There's a 90-day timescale within the PTA (prisoner transfer agreement) and that's due to end shortly.
"I won't be able to meet it precisely because of information still to come in and I will have to reflect upon what happens.
"But I will thereafter be seeking to act as expeditiously as possible and I think I will seek if I can to deal with questions of prisoner transfer and compassion together."
Mr MacAskill has spoken with the US Attorney General, the US families and British families of victims.
He will also meet with Megrahi next week and said today that his final decision will be taken on a variety of factors. (...)
Megrahi is currently appealing against his conviction and Mr MacAskill cannot grant a transfer while this is outstanding in the courts.
However, the justice secretary is able to consider the application from Libya and could refuse the transfer while the appeal is running.
It emerged earlier this month that no decision on the appeal against conviction will be reached until the autumn, after one of the judges involved underwent heart surgery.
[The Morning Extra programme on which Mr MacAskill was speaking was broadcast starting at 09.00, one hour after the publication of the previous post on this blog.
The two Scottish "heavy" newspapers cover the matter in their editions of 1 August. The Herald's report can be read here; and The Scotsman's here.]
A 90-day deadline to decide the prison transfer request of the man convicted of the Lockerbie bombing will not be met by the Scottish Government.
Justice Secretary Kenny MacAskill told BBC Radio Scotland he needed more information before reaching a decision.
However, he stressed that the final outcome would not be affected by "political or economic" factors.
An application was received in May to let Abdelbaset Ali al-Megrahi complete his sentence in a Libyan jail.
Mr MacAskill is currently considering the transfer request as well as an application for release on compassionate grounds by the Libyan.
He told BBC Radio Scotland's Morning Extra programme: "There's a 90-day timescale within the PTA (prisoner transfer agreement) and that's due to end shortly.
"I won't be able to meet it precisely because of information still to come in and I will have to reflect upon what happens.
"But I will thereafter be seeking to act as expeditiously as possible and I think I will seek if I can to deal with questions of prisoner transfer and compassion together."
Mr MacAskill has spoken with the US Attorney General, the US families and British families of victims.
He will also meet with Megrahi next week and said today that his final decision will be taken on a variety of factors. (...)
Megrahi is currently appealing against his conviction and Mr MacAskill cannot grant a transfer while this is outstanding in the courts.
However, the justice secretary is able to consider the application from Libya and could refuse the transfer while the appeal is running.
It emerged earlier this month that no decision on the appeal against conviction will be reached until the autumn, after one of the judges involved underwent heart surgery.
[The Morning Extra programme on which Mr MacAskill was speaking was broadcast starting at 09.00, one hour after the publication of the previous post on this blog.
The two Scottish "heavy" newspapers cover the matter in their editions of 1 August. The Herald's report can be read here; and The Scotsman's here.]
Justice Secretary's visit to Megrahi
It was announced more than two weeks ago that Kenny MacAskill, the Cabinet Secretary for Justice, was to meet Abdelbaset Megrahi in the context of the Libyan Government's application for his repatriation under the Libya-UK prisoner transfer agreement. Presumably such a meeting would also be relevant to the application for compassionate release that has also now been lodged.
No such meeting has as yet taken place. The 90 day period within which, according to the prisoner transfer agreement, a decision should, if practicable, be reached, expires on 3 August. The Scottish Government did, however, make it clear when the PTA application was received that it might not be possible for a decision to be arrived at within this time scale.
No such meeting has as yet taken place. The 90 day period within which, according to the prisoner transfer agreement, a decision should, if practicable, be reached, expires on 3 August. The Scottish Government did, however, make it clear when the PTA application was received that it might not be possible for a decision to be arrived at within this time scale.
Monday, 27 July 2009
The waiting game
[This is the headline over my column in the July issue of the Scottish lawyers' magazine The Firm. It reads as follows:]
It took three years for the SCCRC to conclude that Abdelbaset Ali Mohmad al- Megrahi may be the victim of a miscarriage of justice, and a further two years will have passed before his appeal is heard, by which time he may have died. Professor Robert Black QC calls on the Scottish authorities to show some courage before it is too late.
Abdelbaset al-Megrahi should never have been convicted for the Lockerbie atrocity. His conviction, on the evidence led at the trial, was nothing short of astonishing. It constitutes the worst miscarriage of justice perpetrated by a Scottish criminal court since the conviction of Oscar Slater in 1909.
It should never be forgotten that one crucial ground on which the Scottish Criminal Cases Review Commission held that there might have been a miscarriage of justice in Megrahi’s case, was its view that no reasonable court could have reached the conclusion that the trial court did, on a matter absolutely central to its reasons for convicting.
The delay in bringing Megrahi’s current appeal to the hearing stage has been scandalous. Had a modicum of urgency been shown, it is entirely conceivable that the appeal could have been over before now and the appellant back with his wife and children in his own country, a free man. The SCCRC had his case under consideration for more than three years before referring it back to the High Court. But the issue of the trial court’s unreasonable findings is a very simple and straightforward one and required virtually no investigation other that a perusal of the relevant portions of the transcript of evidence. If the SCCRC decided early in its deliberations that the case was going to have to be referred back on this ground – and it is difficult to believe that it did not – then delaying taking that step for three years is hard to justify.
Then there is the delay that has occurred after the SCCRC referred the case to the High Court in June 2007, attributable in large part to the Fabian tactics of the Crown and the spurious public interest immunity claims of the UK Foreign Office. Two whole years have passed since the SCCRC reference. Eighteen months have passed since the appellant’s full written grounds of appeal were lodged with the court. And it was only at the end of April 2009 that the first tranche of the appeal was heard. On the leisurely timetable that the appeal court has set, it would require a minor miracle for the proceedings to be concluded by the twenty-first anniversary of the disaster in December 2009.
What makes all of this worse is that the appellant was diagnosed in October 2008 with terminal, late-stage prostate cancer. His condition has recently deteriorated to such an extent that he was unable to attend court for the first tranche of the appeal or, indeed, comfortably to follow the proceedings over the TV link that had been set up.
The recently lodged prisoner transfer application would enable him to return to Libya to spend his remaining weeks with his wife, children, aged mother and siblings, which is – understandably – now his overriding priority. But, for prisoner transfer to be granted by the Scottish Government, Megrahi would have to abandon his appeal. This, clearly, would bring joy to the hearts of the Crown Office and the Scottish Government Justice Department. The manifold concerns over the Lockerbie conviction could be gleefully swept under the carpet and the pretence maintained that the system had worked perfectly and a guilty man had been justly convicted.
However, there is another course of action open to the Scottish Government, if Ministers have the strength of will and character to withstand the pressure of civil servants assiduously punting the prisoner transfer option. That course of action is compassionate release. This would enable Megrahi to be freed on licence and return to Libya. His appeal would run to its natural conclusion. If he died before the appeal court reached its decision, the appeal could be transferred to his executor or any person having a legitimate interest.
The Scottish public interest demands nothing less than that the concerns over Megrahi’s conviction be ventilated fully in court. Compassionate release provides the only mechanism whereby this can be achieved alongside the humanitarian goal of allowing him to die at home. Have Scottish Ministers the wisdom and the courage to embrace it?
It took three years for the SCCRC to conclude that Abdelbaset Ali Mohmad al- Megrahi may be the victim of a miscarriage of justice, and a further two years will have passed before his appeal is heard, by which time he may have died. Professor Robert Black QC calls on the Scottish authorities to show some courage before it is too late.
Abdelbaset al-Megrahi should never have been convicted for the Lockerbie atrocity. His conviction, on the evidence led at the trial, was nothing short of astonishing. It constitutes the worst miscarriage of justice perpetrated by a Scottish criminal court since the conviction of Oscar Slater in 1909.
It should never be forgotten that one crucial ground on which the Scottish Criminal Cases Review Commission held that there might have been a miscarriage of justice in Megrahi’s case, was its view that no reasonable court could have reached the conclusion that the trial court did, on a matter absolutely central to its reasons for convicting.
The delay in bringing Megrahi’s current appeal to the hearing stage has been scandalous. Had a modicum of urgency been shown, it is entirely conceivable that the appeal could have been over before now and the appellant back with his wife and children in his own country, a free man. The SCCRC had his case under consideration for more than three years before referring it back to the High Court. But the issue of the trial court’s unreasonable findings is a very simple and straightforward one and required virtually no investigation other that a perusal of the relevant portions of the transcript of evidence. If the SCCRC decided early in its deliberations that the case was going to have to be referred back on this ground – and it is difficult to believe that it did not – then delaying taking that step for three years is hard to justify.
Then there is the delay that has occurred after the SCCRC referred the case to the High Court in June 2007, attributable in large part to the Fabian tactics of the Crown and the spurious public interest immunity claims of the UK Foreign Office. Two whole years have passed since the SCCRC reference. Eighteen months have passed since the appellant’s full written grounds of appeal were lodged with the court. And it was only at the end of April 2009 that the first tranche of the appeal was heard. On the leisurely timetable that the appeal court has set, it would require a minor miracle for the proceedings to be concluded by the twenty-first anniversary of the disaster in December 2009.
What makes all of this worse is that the appellant was diagnosed in October 2008 with terminal, late-stage prostate cancer. His condition has recently deteriorated to such an extent that he was unable to attend court for the first tranche of the appeal or, indeed, comfortably to follow the proceedings over the TV link that had been set up.
The recently lodged prisoner transfer application would enable him to return to Libya to spend his remaining weeks with his wife, children, aged mother and siblings, which is – understandably – now his overriding priority. But, for prisoner transfer to be granted by the Scottish Government, Megrahi would have to abandon his appeal. This, clearly, would bring joy to the hearts of the Crown Office and the Scottish Government Justice Department. The manifold concerns over the Lockerbie conviction could be gleefully swept under the carpet and the pretence maintained that the system had worked perfectly and a guilty man had been justly convicted.
However, there is another course of action open to the Scottish Government, if Ministers have the strength of will and character to withstand the pressure of civil servants assiduously punting the prisoner transfer option. That course of action is compassionate release. This would enable Megrahi to be freed on licence and return to Libya. His appeal would run to its natural conclusion. If he died before the appeal court reached its decision, the appeal could be transferred to his executor or any person having a legitimate interest.
The Scottish public interest demands nothing less than that the concerns over Megrahi’s conviction be ventilated fully in court. Compassionate release provides the only mechanism whereby this can be achieved alongside the humanitarian goal of allowing him to die at home. Have Scottish Ministers the wisdom and the courage to embrace it?
Lockerbie -- bomber or victim?
The only man convicted of Britain’s worst ever terrorist outrage has asked to be released from prison on compassionate grounds. Abdelbaset al-Megrahi, a Libyan intelligence officer, was jailed for 27 years for the Lockerbie bombing in 2001. His co-defendant was acquitted.
Al-Megrahi, who is suffering from terminal cancer, was alleged to have got the bomb onto PanAm Flight 103 in December 1988 via a connecting flight from Malta, though many people, including families of some of the 270 victims of the attack, are not convinced of his guilt, and believe he was the fall guy in a sordid stitch-up designed to end Libya’s diplomatic isolation.
In particular, sceptics have pointed to the fact that it was never mentioned at his trial that there had been a break-in at a Heathrow baggage store just 18 hours before flight 103 departed, and that someone could have smuggled a bag on board by getting it into this area.
Al-Megrahi is appealing against the verdict, and in June 2007, the Scottish Criminal Cases Review Commission said it feared he may have been the victim of a miscarriage of justice. If his conviction were to be overturned it would, of course, raise some very inconvenient questions.
[This is the text of a post of today's date on John Withington's Disaster History blog.]
Al-Megrahi, who is suffering from terminal cancer, was alleged to have got the bomb onto PanAm Flight 103 in December 1988 via a connecting flight from Malta, though many people, including families of some of the 270 victims of the attack, are not convinced of his guilt, and believe he was the fall guy in a sordid stitch-up designed to end Libya’s diplomatic isolation.
In particular, sceptics have pointed to the fact that it was never mentioned at his trial that there had been a break-in at a Heathrow baggage store just 18 hours before flight 103 departed, and that someone could have smuggled a bag on board by getting it into this area.
Al-Megrahi is appealing against the verdict, and in June 2007, the Scottish Criminal Cases Review Commission said it feared he may have been the victim of a miscarriage of justice. If his conviction were to be overturned it would, of course, raise some very inconvenient questions.
[This is the text of a post of today's date on John Withington's Disaster History blog.]
Sunday, 26 July 2009
Police consider prosecuting Crown Agent McFadyen
Lothian and Borders police have confirmed that they are considering whether to proceed to bring charges against Crown Agent Norman [McFadyen], more than a week after receiving information from MSP Christine Grahame in respect of his handling of the Lockerbie investigation.
[McFadyen] is presently on leave and cannot be contacted.
Lothian and Borders police said they were considering the content of Ms Grahame's letter, and would not rule out bringing charges against [McFadyen]. A police press officer said that they could not give any indication as to what will happen in the future.
The contents of Ms Grahame's letter are not known. However on 17 July the Crown Office took the unprecedented step of issuing a statement in defence of Mr [McFadyen], saying he was "a man of the utmost integrity who is held in the highest regard by the Law Officers.”
The Crown statement added that Ms Grahame's letter contained “defamatory and entirely unfounded allegations of the most serious kind,” although to date The Firm understands that no action for defamation is proceeding.
[The above is the text of a news item posted yesterday on the website of the Scottish lawyers' magazine The Firm.
For an update from the magazine's website, click here.]
[McFadyen] is presently on leave and cannot be contacted.
Lothian and Borders police said they were considering the content of Ms Grahame's letter, and would not rule out bringing charges against [McFadyen]. A police press officer said that they could not give any indication as to what will happen in the future.
The contents of Ms Grahame's letter are not known. However on 17 July the Crown Office took the unprecedented step of issuing a statement in defence of Mr [McFadyen], saying he was "a man of the utmost integrity who is held in the highest regard by the Law Officers.”
The Crown statement added that Ms Grahame's letter contained “defamatory and entirely unfounded allegations of the most serious kind,” although to date The Firm understands that no action for defamation is proceeding.
[The above is the text of a news item posted yesterday on the website of the Scottish lawyers' magazine The Firm.
For an update from the magazine's website, click here.]
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