[This is the headline over an exclusive report on the website of Scottish lawyers' magazine The Firm. it reads as follows:]
The three judges who convicted Abdelbaset Ali Mohmed Al Megrahi were under “undue pressure” during the Lockerbie trial it is claimed, despite protestations from the High Court Information Officer Elizabeth Cutting, published today in the New York Times .
The New York Times published a letter from Cutting following earlier reports that had claimed the judges – who had never before been tasked with determining guilt or innocence in their judicial careers, had been placed under pressure to return a guilty verdict.
“I remember talking to one of the judges from the panel that convicted him. He said there was enormous pressure put on the court to get a conviction,” Professor Diedrik Vanderwalle was reported to have said by the New York Times. Today, Cutting’s letter on behalf of the judges attempted to undermine that claim.
“I’m authorized to say that to the best of their knowledge the three deciding judges on the panel — Lord Sutherland, Lord Coulsfield and Lord MacLean — have never met Mr. Vandewalle,” she said.
“Moreover, they assert that none of them has ever said what Mr Vandewalle reports one of them to have said. They were never under any pressure to return any particular verdict.”
However the Firm has been told exclusively by sources close to Professor Vanderwalle that the crucial information had been passed to him by a member of the Scottish judiciary, not one of the three trial judges, at a conference in London organised by the Royal Institution of International Affairs after the Zeist trial, but before the appeal.
The source told the Firm that “a Scottish judge thought that some of the people involved – not necessarily the three judges in the court itself -- felt there had been a lot of pressure to get this case over and done with.”
The “Scottish judge” said he thought undue pressure was being put on people connected to the trial, and that if it went to appeal “his impression was that there would be some irregularities [revealed] that people would not want to come to light,” the source said.
The identity of the Scottish judge referred to was not disclosed.
Professor Robert Black QC has said publicly that he also believed subtle pressure had been present in the judges’ minds.
"I don’t think for a minute that political pressure of that nature was placed on the judges,” Black said in 2007.
“I think what influenced these judges was that they thought that if both of the Libyans accused are found not guilty, this will be the most fiendish embarrassment to the Lord Advocate."
A commentary on the case of Abdelbaset al-Megrahi, convicted of the murder of 270 people in the Pan Am 103 disaster.
Friday, 2 October 2009
More Megrahi materials released
A second batch of materials has been released on Abdelbaset Megrahi’s website. These take the form of Grounds of Appeal numbers 3.1 to 3.3 (which would have been argued at the second stage of the – now abandoned – appeal that had been due to start on 2 November 2009) along with two expert reports and the US Department of Justice publication Eyewitness Evidence: A Guide for Law Enforcement.
These materials relate principally to the evidence emanating from Malta.
1. The credibility and reliability of the evidence of “identification” of Megrahi by Maltese shopkeeper, Tony Gauci, is challenged by reference to (a) new evidence about the circumstances in which Gauci’s various “resemblance” statements came to be made, including improper conduct by investigators; (b) failure by the Crown to disclose to the defence statements by Gauci that undermined or contradicted his “identification”; (c) failure to disclose to the defence the existence of, and a police statement by, a witness who may have been present when the purchase of the clothes in Gauci’s shop took place; (d) the expectation of money from US official sources on the part of Tony Gauci and his brother, Paul, and its subsequent payment to them; (e) evidence from two leading psychologists and experts on facial recognition of the unreliability of Gauci’s “identification” of Megrahi.
2. The Lockerbie court’s acceptance of 7 December 1988 as the date of purchase of the clothes and other items in Tony Gauci’s shop is challenged. Even on the material before the court at Zeist, the Scottish Criminal Cases Review Commission had concluded that it was strongly arguable that no reasonable court could have reached the conclusion that this was the date. The materials released today disclose the existence of new evidence that confirms that the date of purchase was not 7 December 1988 (and hence that the purchaser was not Abdelbaset Megrahi).
The importance of this is, of course, that if the court at Zeist had not decided that Mr Megrahi was the purchaser of the clothes in Malta, they would not in law have been entitled to convict him.
A further matter expected to be adverted to in today’s materials, but which does not seem to be, is the SCCRC ground of referral based on documents in respect of which the UK Foreign Secretary has claimed public interest immunity and to which Mr Megrahi’s legal team still have not had access. Had the appeal continued, Megrahi’s lawyers would have argued that, without the information on which the SCCRC had referred the case back to the appeal court, he could not exercise his right of appeal and would accordingly have been denied fairness, contrary to Article 6 of the European Convention on Human Rights.
[A report on this newly released material can be read on the Sky News website. A report on the heraldscotland website, which contains comments by Megrahi himself, can be read here, that on The Guardian website here and that on The Times website here.]
These materials relate principally to the evidence emanating from Malta.
1. The credibility and reliability of the evidence of “identification” of Megrahi by Maltese shopkeeper, Tony Gauci, is challenged by reference to (a) new evidence about the circumstances in which Gauci’s various “resemblance” statements came to be made, including improper conduct by investigators; (b) failure by the Crown to disclose to the defence statements by Gauci that undermined or contradicted his “identification”; (c) failure to disclose to the defence the existence of, and a police statement by, a witness who may have been present when the purchase of the clothes in Gauci’s shop took place; (d) the expectation of money from US official sources on the part of Tony Gauci and his brother, Paul, and its subsequent payment to them; (e) evidence from two leading psychologists and experts on facial recognition of the unreliability of Gauci’s “identification” of Megrahi.
2. The Lockerbie court’s acceptance of 7 December 1988 as the date of purchase of the clothes and other items in Tony Gauci’s shop is challenged. Even on the material before the court at Zeist, the Scottish Criminal Cases Review Commission had concluded that it was strongly arguable that no reasonable court could have reached the conclusion that this was the date. The materials released today disclose the existence of new evidence that confirms that the date of purchase was not 7 December 1988 (and hence that the purchaser was not Abdelbaset Megrahi).
The importance of this is, of course, that if the court at Zeist had not decided that Mr Megrahi was the purchaser of the clothes in Malta, they would not in law have been entitled to convict him.
A further matter expected to be adverted to in today’s materials, but which does not seem to be, is the SCCRC ground of referral based on documents in respect of which the UK Foreign Secretary has claimed public interest immunity and to which Mr Megrahi’s legal team still have not had access. Had the appeal continued, Megrahi’s lawyers would have argued that, without the information on which the SCCRC had referred the case back to the appeal court, he could not exercise his right of appeal and would accordingly have been denied fairness, contrary to Article 6 of the European Convention on Human Rights.
[A report on this newly released material can be read on the Sky News website. A report on the heraldscotland website, which contains comments by Megrahi himself, can be read here, that on The Guardian website here and that on The Times website here.]
No pressure to return particular verdict
[The following letter from Elizabeth Cutting, Public Information Officer for the Scottish Judiciary, is published in today's edition of The New York Times. The issue was referred to in a post on this blog on 14 September.]
Re “Still Chafing After 40 Years, Qaddafi Baffles the West With His Behavior” (news analysis, Aug. 26):
Dirk J. Vandewalle, associate professor of government at Dartmouth College, is quoted as stating that a judge from the Scottish panel that in January 2001 convicted Abdel Basset Ali al-Megrahi of the Lockerbie bombing told him during a conversation that “there was enormous pressure put on the court to get a conviction.”
I’m authorized to say that to the best of their knowledge the three deciding judges on the panel — Lord Sutherland, Lord Coulsfield and Lord MacLean — have never met Mr. Vandewalle.
Moreover, they assert that none of them has ever said what Mr. Vandewalle reports one of them to have said. They were never under any pressure to return any particular verdict.
Re “Still Chafing After 40 Years, Qaddafi Baffles the West With His Behavior” (news analysis, Aug. 26):
Dirk J. Vandewalle, associate professor of government at Dartmouth College, is quoted as stating that a judge from the Scottish panel that in January 2001 convicted Abdel Basset Ali al-Megrahi of the Lockerbie bombing told him during a conversation that “there was enormous pressure put on the court to get a conviction.”
I’m authorized to say that to the best of their knowledge the three deciding judges on the panel — Lord Sutherland, Lord Coulsfield and Lord MacLean — have never met Mr. Vandewalle.
Moreover, they assert that none of them has ever said what Mr. Vandewalle reports one of them to have said. They were never under any pressure to return any particular verdict.
Thursday, 1 October 2009
The American media and its Libyan script
[This is the headline over an article on the website of The Final Call. It reads in part:]
Before Muammar Gadhafi arrived on the shores of America, the stage had already been set, the script written and the actors were in place.
All that was missing was the lead character that the American media had decided to cast as a villain and that person was the leader of Libya and president of the African Union.
The media “script” was based on the pain of loss felt by relatives of victims of Pan Am Flight 103 and the release of the Libyan national convicted of bombing the plane and causing the death of innocent people. The convicted bomber was released to return to his country to die, but his countrymen, convinced of his innocence, came out to welcome him home.
Those images did not translate well in the United States or the United Kingdom and surely pained those who lost loved ones and felt justice was not done because the person they believed was responsible was free.
Their pain is real and understandable, but there is another side to the story: When Pan Am Flight 103 was bombed, Libya was not initially charged in the bombing. There have long been questions about the validity of the judgment rendered in the case of Abdel-baset Ali al-Megrahi, and whether he was guilty. Libya accepted responsibility for the acts of any of its nationals who may have been connected to the deadly incident. Libya paid damages, gave up its pursuit of weapons of mass destruction and worked with the Bush administration in the war against terror. (...)
Instead of media outlets telling the full story of Libya's history and the deaths of Libyans because of bombs dropped by America---a very one-sided story was told. The story was emotional, but not insightful. The story reported inflamed passions and brought heat from those who felt outraged, but it did not offer additional light that the American people might get a better understanding. It appealed to old ugly stereotypes of evil Arabs and terrorist Muslims.
In the past, Libya pursued its support for causes based on her revolutionary ideals and seeing oppression in all corners of the globe. The U.S. pursued her goals around the globe based on national interests and security objectives. These competing visions clashed and the U.S. and Libya clashed. It was hardly a fair fight with the small nation going up against a world power.
Instead of offering the public insightful reporting on the causes of these clashes and later developments, which still allow people to make up their own minds, media outlets almost went into a time warp. Newspaper accounts of the Libyan leader in September were like reprints of articles published in the 1980s.
An exchange between Khalifa Elderbak and a Fox News reporter near the Libyan Mission was symbolic of the problem with the U.S. media. The reporter peppered the Libyan Ph.D. student with loaded questions, demanding to know how the man could support a “horrible” figure and “terrorist” like Col. Gadhafi.
No matter how hard Mr. Elderbak tried to make a point or explain an issue, or share his thinking, the reporter would not relent or open a different line of discussion. It was obvious that a decision had been made on how the characters in this story would unfold and there would be little, if any, room for anyone who did not agree with casting Brother Gadhafi as a villain.
“Much of the Americans know that media tries to confuse the people of the United States about the news they broadcast,” Mr. Elderbak told The Final Call.
“I think that the media is doing a very bad thing; they don't say the truth about what's going on outside the United States which is a shame. I don't say all the American media are doing the same thing, but most of the big media do that. And they try not to let their people know the reality, the truth about other countries, about the way they live." (...)
Even when family members of Pam Am 103 victims met with Col. Gadhafi, they were challenged and questioned as if they had no right to decide how to deal with the loss of their loved ones. One woman stressed she felt the tragedy offered an opportunity to learn about Libya and to find a way to peace so that such events would never occur again. Isn't her voice a valid voice and isn't her choice a valid choice?
If there are at least two sides to every story, the U.S. media failed miserably in offering the other side—and the America people are the losers, if an informed electorate is the hallmark of a healthy democracy.
Before Muammar Gadhafi arrived on the shores of America, the stage had already been set, the script written and the actors were in place.
All that was missing was the lead character that the American media had decided to cast as a villain and that person was the leader of Libya and president of the African Union.
The media “script” was based on the pain of loss felt by relatives of victims of Pan Am Flight 103 and the release of the Libyan national convicted of bombing the plane and causing the death of innocent people. The convicted bomber was released to return to his country to die, but his countrymen, convinced of his innocence, came out to welcome him home.
Those images did not translate well in the United States or the United Kingdom and surely pained those who lost loved ones and felt justice was not done because the person they believed was responsible was free.
Their pain is real and understandable, but there is another side to the story: When Pan Am Flight 103 was bombed, Libya was not initially charged in the bombing. There have long been questions about the validity of the judgment rendered in the case of Abdel-baset Ali al-Megrahi, and whether he was guilty. Libya accepted responsibility for the acts of any of its nationals who may have been connected to the deadly incident. Libya paid damages, gave up its pursuit of weapons of mass destruction and worked with the Bush administration in the war against terror. (...)
Instead of media outlets telling the full story of Libya's history and the deaths of Libyans because of bombs dropped by America---a very one-sided story was told. The story was emotional, but not insightful. The story reported inflamed passions and brought heat from those who felt outraged, but it did not offer additional light that the American people might get a better understanding. It appealed to old ugly stereotypes of evil Arabs and terrorist Muslims.
In the past, Libya pursued its support for causes based on her revolutionary ideals and seeing oppression in all corners of the globe. The U.S. pursued her goals around the globe based on national interests and security objectives. These competing visions clashed and the U.S. and Libya clashed. It was hardly a fair fight with the small nation going up against a world power.
Instead of offering the public insightful reporting on the causes of these clashes and later developments, which still allow people to make up their own minds, media outlets almost went into a time warp. Newspaper accounts of the Libyan leader in September were like reprints of articles published in the 1980s.
An exchange between Khalifa Elderbak and a Fox News reporter near the Libyan Mission was symbolic of the problem with the U.S. media. The reporter peppered the Libyan Ph.D. student with loaded questions, demanding to know how the man could support a “horrible” figure and “terrorist” like Col. Gadhafi.
No matter how hard Mr. Elderbak tried to make a point or explain an issue, or share his thinking, the reporter would not relent or open a different line of discussion. It was obvious that a decision had been made on how the characters in this story would unfold and there would be little, if any, room for anyone who did not agree with casting Brother Gadhafi as a villain.
“Much of the Americans know that media tries to confuse the people of the United States about the news they broadcast,” Mr. Elderbak told The Final Call.
“I think that the media is doing a very bad thing; they don't say the truth about what's going on outside the United States which is a shame. I don't say all the American media are doing the same thing, but most of the big media do that. And they try not to let their people know the reality, the truth about other countries, about the way they live." (...)
Even when family members of Pam Am 103 victims met with Col. Gadhafi, they were challenged and questioned as if they had no right to decide how to deal with the loss of their loved ones. One woman stressed she felt the tragedy offered an opportunity to learn about Libya and to find a way to peace so that such events would never occur again. Isn't her voice a valid voice and isn't her choice a valid choice?
If there are at least two sides to every story, the U.S. media failed miserably in offering the other side—and the America people are the losers, if an informed electorate is the hallmark of a healthy democracy.
Lockerbie discussion
[I am grateful to a reader of this blog who sent me the following e-mail.]
I read your Lockerbie blog with interest, and have recently become involved with a discussion thread on the JREF forums about Lockerbie where I learned of its existence.
The current thread where most of the discussion is happening is at
http://forums.randi.org/showthread.php?t=153971
JREF if you are not aware is the James Randi Educational Foundation, the forums hosted there are mostly home to skeptics, and the forums contain some of the most detailed and comprehensive debunking of the 9/11 Conspiracy Theories to be found online.
It's somewhat telling that to date there is very little support at all for the "Official Theory" amongst the forum posters. I am firmly of the opinion that Megrahi has suffered a huge miscarriage of justice, hopefully one day the truth about the whole thing will come out and the real culprits identified and prosecuted.
I thought you might find the discussions at JREF re Lockerbie interesting, hence this email.
I read your Lockerbie blog with interest, and have recently become involved with a discussion thread on the JREF forums about Lockerbie where I learned of its existence.
The current thread where most of the discussion is happening is at
http://forums.randi.org/showthread.php?t=153971
JREF if you are not aware is the James Randi Educational Foundation, the forums hosted there are mostly home to skeptics, and the forums contain some of the most detailed and comprehensive debunking of the 9/11 Conspiracy Theories to be found online.
It's somewhat telling that to date there is very little support at all for the "Official Theory" amongst the forum posters. I am firmly of the opinion that Megrahi has suffered a huge miscarriage of justice, hopefully one day the truth about the whole thing will come out and the real culprits identified and prosecuted.
I thought you might find the discussions at JREF re Lockerbie interesting, hence this email.
Wednesday, 30 September 2009
Lockerbie latest from Private Eye
Politicians on both sides of the Atlantic who have been outraged at the release of the mass-murdering “Lockerbie bomber” should take time to read the many hundreds of pages of evidence and argument in the case, expected to be released by his lawyers over the next few weeks.
Even the most vociferous critic might be left in some doubt about the conviction of Ali Mohmed al-Megrahi, freed from a Scottish jail to die with his family in Libya, and suspect that the Libyan was the victim of the most dreadful miscarriage of justice.
The fact that the wrong man was in the dock was evident to those few independent observers who sat through the entire travesty of a trial in the Netherlands nearly 10 years ago. One of those was Dr Hans Koechler, appointed by the United Nations, who concluded: "There is not one single piece of material evidence linking [Megrahi] to the crime… the guilty verdict appears to be arbitrary, even irrational.”
Flawed and glaringly contradictory evidence
Koechler’s report was a damning indictment of the three Scottish trial judges who sat without a jury. The bulk of their judgment pointed to a not proven verdict – and then they convicted Megrahi anyway.
As Eye readers will know, there were alterations to crucial forensic exhibits supposedly linking Libya and Megrahi to the bomb, for which police and scientists could give no proper explanation; there was a succession of flawed and glaringly contradictory evidence from key witnesses, at least two of whom were paid by the CIA; there was evidence of the striking similarity to the modus operandi of a Syrian-backed Palestinian terrorist cell, operating out of Frankfurt, caught with devices equipped to bring down planes – one of which was missing. And then, of course, there was the crucial “identification” of Megrahi by Tony Gauci, the Maltese shopkeeper who sold the clothes identified as being packed in the suitcase with the bomb. In all his statements and evidence, Gauci only ever says that Megrahi bore a “resemblance” to the man who purchased the clothes – never that he was the man.
The judges performed a number of extraordinary leaps of logic to overcome these and all the other problems with the prosecution case, and it was evident to Dr Koechler even then that “foreign governments and secret governmental agencies”, directly or indirectly, influenced the trial.
[The above are the first two sections of Private Eye's most recent article on Lockerbie. The remaining two sections are also worth reading.]
Even the most vociferous critic might be left in some doubt about the conviction of Ali Mohmed al-Megrahi, freed from a Scottish jail to die with his family in Libya, and suspect that the Libyan was the victim of the most dreadful miscarriage of justice.
The fact that the wrong man was in the dock was evident to those few independent observers who sat through the entire travesty of a trial in the Netherlands nearly 10 years ago. One of those was Dr Hans Koechler, appointed by the United Nations, who concluded: "There is not one single piece of material evidence linking [Megrahi] to the crime… the guilty verdict appears to be arbitrary, even irrational.”
Flawed and glaringly contradictory evidence
Koechler’s report was a damning indictment of the three Scottish trial judges who sat without a jury. The bulk of their judgment pointed to a not proven verdict – and then they convicted Megrahi anyway.
As Eye readers will know, there were alterations to crucial forensic exhibits supposedly linking Libya and Megrahi to the bomb, for which police and scientists could give no proper explanation; there was a succession of flawed and glaringly contradictory evidence from key witnesses, at least two of whom were paid by the CIA; there was evidence of the striking similarity to the modus operandi of a Syrian-backed Palestinian terrorist cell, operating out of Frankfurt, caught with devices equipped to bring down planes – one of which was missing. And then, of course, there was the crucial “identification” of Megrahi by Tony Gauci, the Maltese shopkeeper who sold the clothes identified as being packed in the suitcase with the bomb. In all his statements and evidence, Gauci only ever says that Megrahi bore a “resemblance” to the man who purchased the clothes – never that he was the man.
The judges performed a number of extraordinary leaps of logic to overcome these and all the other problems with the prosecution case, and it was evident to Dr Koechler even then that “foreign governments and secret governmental agencies”, directly or indirectly, influenced the trial.
[The above are the first two sections of Private Eye's most recent article on Lockerbie. The remaining two sections are also worth reading.]
Row after Lockerbie film shown at Holyrood
[This is the headline over a brief report in today's edition of The Scotsman. The first Holyrood showing of the film took place in April. The account of that event on this blog can be read here. The film itself can be viewed through the Tegenlicht website. The Scotsman's report reads as follows:]
A row erupted last night when a controversial documentary claiming to challenge the evidence that led to the conviction of the Lockerbie bomber was shown at Holyrood.
Christine Grahame, the SNP MSP who believes Abdelbaset Ali Mohmed al-Megrahi is innocent, arranged a showing of Lockerbie Revisited, by Dutch documentary-maker Gideon Levy, that raises questions about evidence linking the bomb to Libya.
The film – never screened on mainstream British TV – suggests a fragment of the device left the UK without permission and was examined in the US – a move which could have led to contamination of evidence.
Last night Richard Marquise, the FBI agent who led the US side of the Lockerbie investigation questioned whether it was helpful to show the film.
"I'm still certain the evidence was righteous," Mr Marquise said.
A Crown Office spokesman said: "The only appropriate forum for the determination of guilt or innocence is the criminal court."
[The screening of the film most certainly is not helpful to Mr Marquise or the FBI or the Crown Office, amongst others. What it is helpful to, is the ascertainment of the truth regarding the propriety of Abdelbaset Megrahi's conviction.]
A row erupted last night when a controversial documentary claiming to challenge the evidence that led to the conviction of the Lockerbie bomber was shown at Holyrood.
Christine Grahame, the SNP MSP who believes Abdelbaset Ali Mohmed al-Megrahi is innocent, arranged a showing of Lockerbie Revisited, by Dutch documentary-maker Gideon Levy, that raises questions about evidence linking the bomb to Libya.
The film – never screened on mainstream British TV – suggests a fragment of the device left the UK without permission and was examined in the US – a move which could have led to contamination of evidence.
Last night Richard Marquise, the FBI agent who led the US side of the Lockerbie investigation questioned whether it was helpful to show the film.
"I'm still certain the evidence was righteous," Mr Marquise said.
A Crown Office spokesman said: "The only appropriate forum for the determination of guilt or innocence is the criminal court."
[The screening of the film most certainly is not helpful to Mr Marquise or the FBI or the Crown Office, amongst others. What it is helpful to, is the ascertainment of the truth regarding the propriety of Abdelbaset Megrahi's conviction.]
Tuesday, 29 September 2009
Justice Committee inquiry into Megrahi release process
The Holyrood inquiry into the release of the Lockerbie bomber will not consider whether the Scottish government was right to free him. (...)
The parliament's justice committee said it would focus on the process followed by Justice Secretary Kenny MacAskill. (...)
Announcing its remit into the inquiry, the justice committee said it would look into the application for Megrahi's release from Greenock Prison on compassionate grounds, as well as a request to send him home under a prisoner transfer agreement - which was rejected by Scottish ministers.
The cross-party committee said it "will not consider the question of whether the cabinet secretary was right to conclude that compassionate release was justified in the circumstances".
MSPs are likely to look into the timing of Mr MacAskill's decision, the advice he took and the circumstances surrounding Megrahi's much-criticised jubilant homecoming reception in Tripoli.
The committee will also question Mr MacAskill and a series of officials.
[The above are excerpts from a report on the BBC News website.]
The parliament's justice committee said it would focus on the process followed by Justice Secretary Kenny MacAskill. (...)
Announcing its remit into the inquiry, the justice committee said it would look into the application for Megrahi's release from Greenock Prison on compassionate grounds, as well as a request to send him home under a prisoner transfer agreement - which was rejected by Scottish ministers.
The cross-party committee said it "will not consider the question of whether the cabinet secretary was right to conclude that compassionate release was justified in the circumstances".
MSPs are likely to look into the timing of Mr MacAskill's decision, the advice he took and the circumstances surrounding Megrahi's much-criticised jubilant homecoming reception in Tripoli.
The committee will also question Mr MacAskill and a series of officials.
[The above are excerpts from a report on the BBC News website.]
Monday, 28 September 2009
Angiolini backs away from semtex challenge
[This is the headline over an article on the website of the Scottish lawyers' magazine The Firm. It reads in part:]
The Lord Advocate Elish Angioini has refused to engage with the semtex challenge backed by UN Special Observer Hans Kochler and Professor Robert Black QC, set by the Lockerbie Justice Group.
The group have tasked Angiolini to demonstrate that a fragment of circuit board can survive a semtex blast, as claimed by the Crown in the Lockerbie trial. The group say that this is not physically possible.
Despite repeated requests for a response, Angiolini has not acknowledged the group’s challenge, and refused to engage with the gauntlet that has been thrown down.
Angiolini has also refused to be interviewed by The Firm about the challenge.
The challenge itself coincides with the screening of dutch documentary "Lockerbie Revisited" at Holyrood tomorrow night, which focuses on the crucial piece of circuit board fragment alleged to have been found during the Lockerbie investigation. The film casts serious doubts over the credibility of this evidence. It has been nominated for best documentary at the [current] Netherlands ... Film Festival in Utrecht.
The challenge to the evidence has been emboldened by confirmation from semtex manufacturer Miroslav Å tancl of Explosia a.s, who says the temperature at the point of explosion of “plastic explosives Semtex” is between 3,800 and 3,870° C, depending upon the type and composition.
Aitken Brotherston, who tested circuit boards as an engineer at Ferranti says that such boards will combust at temperatures equivalent to that produced by a Swan Vesta match, and “nothing would survive” within a semtex blast bright spot.
“The proposal that fragments of the board, of sufficient size to permit identification, packed with the bomb had survived a temperature environment of more than 3000 degree C in the explosion is to me just not credible,” he says.
In 2007, MEBO engineer Ulrich Lumpert submitted an affidavit stating that the circuit board fragment produced in court at Zeist was part of a non-operational demonstration circuit board that he himself had removed from the premises of MEBO and had handed over to an investigator on 22 June 1989, six months after the destruction of Pan Am 103.
“If this is true, then it totally demolishes the prosecution version of how the aircraft was destroyed, as well, of course, as demonstrating deliberate fabrication of evidence laid before the court,” Professor Black said at the time. (...)
Earlier this year a test conducted by Dr Ludwig De Braeckeleer and researchers at the Centre of Explosives Technology Research in Socorro, New Mexico estimated that up to thirty pounds of explosive was needed to penetrate a Boeing 747, if the explosion had occurred in the hold as the Crown claimed. They concluded that the Crown’s case, which maintained only one pound of semtex destroyed Pan Am 103 was "scientifically implausible".
The Lord Advocate Elish Angioini has refused to engage with the semtex challenge backed by UN Special Observer Hans Kochler and Professor Robert Black QC, set by the Lockerbie Justice Group.
The group have tasked Angiolini to demonstrate that a fragment of circuit board can survive a semtex blast, as claimed by the Crown in the Lockerbie trial. The group say that this is not physically possible.
Despite repeated requests for a response, Angiolini has not acknowledged the group’s challenge, and refused to engage with the gauntlet that has been thrown down.
Angiolini has also refused to be interviewed by The Firm about the challenge.
The challenge itself coincides with the screening of dutch documentary "Lockerbie Revisited" at Holyrood tomorrow night, which focuses on the crucial piece of circuit board fragment alleged to have been found during the Lockerbie investigation. The film casts serious doubts over the credibility of this evidence. It has been nominated for best documentary at the [current] Netherlands ... Film Festival in Utrecht.
The challenge to the evidence has been emboldened by confirmation from semtex manufacturer Miroslav Å tancl of Explosia a.s, who says the temperature at the point of explosion of “plastic explosives Semtex” is between 3,800 and 3,870° C, depending upon the type and composition.
Aitken Brotherston, who tested circuit boards as an engineer at Ferranti says that such boards will combust at temperatures equivalent to that produced by a Swan Vesta match, and “nothing would survive” within a semtex blast bright spot.
“The proposal that fragments of the board, of sufficient size to permit identification, packed with the bomb had survived a temperature environment of more than 3000 degree C in the explosion is to me just not credible,” he says.
In 2007, MEBO engineer Ulrich Lumpert submitted an affidavit stating that the circuit board fragment produced in court at Zeist was part of a non-operational demonstration circuit board that he himself had removed from the premises of MEBO and had handed over to an investigator on 22 June 1989, six months after the destruction of Pan Am 103.
“If this is true, then it totally demolishes the prosecution version of how the aircraft was destroyed, as well, of course, as demonstrating deliberate fabrication of evidence laid before the court,” Professor Black said at the time. (...)
Earlier this year a test conducted by Dr Ludwig De Braeckeleer and researchers at the Centre of Explosives Technology Research in Socorro, New Mexico estimated that up to thirty pounds of explosive was needed to penetrate a Boeing 747, if the explosion had occurred in the hold as the Crown claimed. They concluded that the Crown’s case, which maintained only one pound of semtex destroyed Pan Am 103 was "scientifically implausible".
Lockerbie relatives meet Gaddafi in New York
The sister of an American soldier who was killed in the Lockerbie bombing said that she had met Colonel Muammar Gaddafi during his visit to New York to offer him forgiveness.
Lisa Gibson, 39, and another Lockerbie family met the Libyan leader after his rambling speech to the UN General Assembly on Wednesday. (...)
Ms Gibson’s brother, Kenneth, a US soldier stationed in Germany, was returning home for Christmas on Pan Am Flight 103 when it was blown up on December 21, 1988, killing 270 people in the jet and on the ground. (...)
“When I met with him face-to-face I did not even feel any kind of anger. I was quite at peace.
“He was speaking through a translator. As it was conveyed to us, he said thanks for us coming and he is sorry for what happened to us.”
She said that she did not ask the leader whether he had ordered the attack on the London-New York aircraft. “I did not think it was appropriate,” she said. “They have always said they did not do it. I did not even want to go there. I wanted to focus on reconciliation.” (...)
She and Raymond Pagnucco, whose father, Robert, was killed in the bombing, spent ten minutes with Colonel Gaddafi at Libya’s UN mission.
Before leaving, Ms Gibson gave him a handwritten card telling him that she had forgiven and had been praying for him. “There is more peace with forgiveness. That would be my advice to family members,” she said. (...)
Colonel Gaddafi described the encounter as friendly. “I offered my condolences for the families who lost them. They also expressed their condolences for my daughter who was killed from the American raid in 1986,” he told CNN. He called the Lockerbie bombing a catastrophe but again denied responsibility.
[The above are excerpts from a report in today's edition of The Times.]
Lisa Gibson, 39, and another Lockerbie family met the Libyan leader after his rambling speech to the UN General Assembly on Wednesday. (...)
Ms Gibson’s brother, Kenneth, a US soldier stationed in Germany, was returning home for Christmas on Pan Am Flight 103 when it was blown up on December 21, 1988, killing 270 people in the jet and on the ground. (...)
“When I met with him face-to-face I did not even feel any kind of anger. I was quite at peace.
“He was speaking through a translator. As it was conveyed to us, he said thanks for us coming and he is sorry for what happened to us.”
She said that she did not ask the leader whether he had ordered the attack on the London-New York aircraft. “I did not think it was appropriate,” she said. “They have always said they did not do it. I did not even want to go there. I wanted to focus on reconciliation.” (...)
She and Raymond Pagnucco, whose father, Robert, was killed in the bombing, spent ten minutes with Colonel Gaddafi at Libya’s UN mission.
Before leaving, Ms Gibson gave him a handwritten card telling him that she had forgiven and had been praying for him. “There is more peace with forgiveness. That would be my advice to family members,” she said. (...)
Colonel Gaddafi described the encounter as friendly. “I offered my condolences for the families who lost them. They also expressed their condolences for my daughter who was killed from the American raid in 1986,” he told CNN. He called the Lockerbie bombing a catastrophe but again denied responsibility.
[The above are excerpts from a report in today's edition of The Times.]
Sunday, 27 September 2009
Ex-editor's Megrahi release rant
[The Sunday Times today publishes an article on the compassionate release of Abdelbaset Megrahi. The author is Kelvin MacKenzie, former editor of The Sun, the UK's most down-market tabloid daily. Apart from the fact that both papers are part of the Rupert Murdoch empire, I can think of no reason for a semi-respectable paper like The Sunday Times to be giving column space to this rant. The following are excerpts.]
Alex Salmond’s government has been exposed as a shocking collection of lickspittles unfit for office.
Its catastrophic decision to release the mass murderer convicted of the Lockerbie bombing was the worst piece of politics I have seen in a long time.
But it is not an argument for a trade boycott of Scotland; it is an argument for a boycott of the SNP at the next election.
The Scottish first minister may have wanted to act the big world statesman taking on the United States before a massive worldwide audience but in his desperation to prove he was not part of a UK-based club he fell flat on his face and the consequences of his administration’s actions will haunt him. (...)
Perhaps we should have expected little else from Scottish devolution and a parliament of lower league players. As David Starkey warned last week Scotland is now governed by a bunch of idiots who might not even make county councillors in England.
But what of the reaction to the Scots themselves to the release of Abdelbaset Ali al-Megrahi? I was astonished that there wasn’t a bigger uprising by the Scottish people against their government as they watched Megrahi’s hero’s welcome in a sea of Saltires in Tripoli.
I’m not anti-Scottish. If I were trying to paint a picture of a Scottish person I would say they are somewhat cynical and fiercely bright. I just cannot understand how an intelligent, knowledgeable anti-establishment race are just taking it all on the chin and accepting it without turning on the SNP. (...)
Lockerbie was massive and still we have not seen anything quite like it. Even 7/7, shocking as it was, killed only a fifth of the number of the number wiped out in the Pan Am Flight 103 attack so why aren’t Scots as angry about this as I am?
What is it in the Scottish psyche that says this is somehow the correct thing? It’s quite easy to have views about other people’s pain when you haven’t suffered it yourself. No-one has carried out a poll in Lockerbie. I wonder if the people there feel the same way about Megrahi. Kenny MacAskill, the justice minister, looked like a startled rabbit caught in the headlights when he announced his release and blethered about Scottish compassion. Where was the compassion for the victim’s families who are so enraged and were chanting protests outside the United Nations last week. Does anyone care about these people? Who speaks for them? Not the SNP leader or its justice minister and not the Prime Minister of the UK. These people are just left to twist in the wind, they are of no account. (...)
So much for the Scots being poorly served. The Lockerbie bomber killed, by my estimation, around 31 English people, including an entire family living down the road from me. Gordon Brown should have been offering succour and support. He is after all supposed to represent the whole nation, not just those in his Scottish birthplace.
But no. He managed to find time to enquire after the health of Susan Boyle but cannot find time to pick up the phone to the relatives of the Lockerbie victims, let alone address the public, to explain it. Instead they are viewed as a problem who have to be handled in a cunning and disgusting manner.
It’s Brown whose gut-wrenching cowardice really aggravates me. His every decision is masked in deceit. Why didn’t he just stand up and say whether he agreed with what was going on and what would come of it? (...)
If the people of Scotland really believe that Megrahi should have been sent home then they are so detached from the people of England that it is probably best that they set off on their own path to independence sooner rather than later.
Alex Salmond’s government has been exposed as a shocking collection of lickspittles unfit for office.
Its catastrophic decision to release the mass murderer convicted of the Lockerbie bombing was the worst piece of politics I have seen in a long time.
But it is not an argument for a trade boycott of Scotland; it is an argument for a boycott of the SNP at the next election.
The Scottish first minister may have wanted to act the big world statesman taking on the United States before a massive worldwide audience but in his desperation to prove he was not part of a UK-based club he fell flat on his face and the consequences of his administration’s actions will haunt him. (...)
Perhaps we should have expected little else from Scottish devolution and a parliament of lower league players. As David Starkey warned last week Scotland is now governed by a bunch of idiots who might not even make county councillors in England.
But what of the reaction to the Scots themselves to the release of Abdelbaset Ali al-Megrahi? I was astonished that there wasn’t a bigger uprising by the Scottish people against their government as they watched Megrahi’s hero’s welcome in a sea of Saltires in Tripoli.
I’m not anti-Scottish. If I were trying to paint a picture of a Scottish person I would say they are somewhat cynical and fiercely bright. I just cannot understand how an intelligent, knowledgeable anti-establishment race are just taking it all on the chin and accepting it without turning on the SNP. (...)
Lockerbie was massive and still we have not seen anything quite like it. Even 7/7, shocking as it was, killed only a fifth of the number of the number wiped out in the Pan Am Flight 103 attack so why aren’t Scots as angry about this as I am?
What is it in the Scottish psyche that says this is somehow the correct thing? It’s quite easy to have views about other people’s pain when you haven’t suffered it yourself. No-one has carried out a poll in Lockerbie. I wonder if the people there feel the same way about Megrahi. Kenny MacAskill, the justice minister, looked like a startled rabbit caught in the headlights when he announced his release and blethered about Scottish compassion. Where was the compassion for the victim’s families who are so enraged and were chanting protests outside the United Nations last week. Does anyone care about these people? Who speaks for them? Not the SNP leader or its justice minister and not the Prime Minister of the UK. These people are just left to twist in the wind, they are of no account. (...)
So much for the Scots being poorly served. The Lockerbie bomber killed, by my estimation, around 31 English people, including an entire family living down the road from me. Gordon Brown should have been offering succour and support. He is after all supposed to represent the whole nation, not just those in his Scottish birthplace.
But no. He managed to find time to enquire after the health of Susan Boyle but cannot find time to pick up the phone to the relatives of the Lockerbie victims, let alone address the public, to explain it. Instead they are viewed as a problem who have to be handled in a cunning and disgusting manner.
It’s Brown whose gut-wrenching cowardice really aggravates me. His every decision is masked in deceit. Why didn’t he just stand up and say whether he agreed with what was going on and what would come of it? (...)
If the people of Scotland really believe that Megrahi should have been sent home then they are so detached from the people of England that it is probably best that they set off on their own path to independence sooner rather than later.
Saturday, 26 September 2009
No deal on Megrahi, says Gaddafi
[This is the heading over a report on the BBC News website. The following are excerpts.]
Libyan leader Muammar Gaddafi has denied any deal was done to secure the release of the only man convicted of the Lockerbie bombing.
Abdelbasset Ali al-Megrahi was released on compassionate grounds by Scottish Justice Secretary Kenny MacAskill.
Megrahi has terminal cancer and is said not to have long to live.
In a TV interview with Al Jazeera Colonel Gaddafi said he now considers the matter closed and that there was no deal done.
He said: "This problem ended. It is not possible anymore to talk about clearing Libya or not - whatever happened, the problem is over.
"Abdelbasset was the only person who had the right to appeal to the European Court, but as I said because of his illness and release it seems that there is no need for an appeal."
Asked about any deal over the release, Col Gaddafi said: "No, no, it is very clear, he had this illness and consequently they were compelled to release him because of this disease. There was no deal or anything else."
He was interviewed in New York, where he has addressed the United Nations General Assembly.
Libya has formally accepted responsibility for the Lockerbie bombing and has paid billions of dollars in compensation to families of the victims.
Libyan leader Muammar Gaddafi has denied any deal was done to secure the release of the only man convicted of the Lockerbie bombing.
Abdelbasset Ali al-Megrahi was released on compassionate grounds by Scottish Justice Secretary Kenny MacAskill.
Megrahi has terminal cancer and is said not to have long to live.
In a TV interview with Al Jazeera Colonel Gaddafi said he now considers the matter closed and that there was no deal done.
He said: "This problem ended. It is not possible anymore to talk about clearing Libya or not - whatever happened, the problem is over.
"Abdelbasset was the only person who had the right to appeal to the European Court, but as I said because of his illness and release it seems that there is no need for an appeal."
Asked about any deal over the release, Col Gaddafi said: "No, no, it is very clear, he had this illness and consequently they were compelled to release him because of this disease. There was no deal or anything else."
He was interviewed in New York, where he has addressed the United Nations General Assembly.
Libya has formally accepted responsibility for the Lockerbie bombing and has paid billions of dollars in compensation to families of the victims.
The spectre over Lockerbie
This is the heading over a section of the column Richard Ingrams's Week in today's edition of The Independent. It reads as follows:]
Have we now heard the last of the so-called Lockerbie bomber, Abdelbaset Ali al-Megrahi? The Government, and particularly the Justice Secretary, Jack Straw, must be praying that we have.
Five weeks ago, I suggested that the prime reason for releasing Mr Megrahi, in spite of the inevitable protest from all corners of the earth, was to bring an end to his appeal – nothing to do with Libyan oil, or secret deals done by Tony Blair or Peter Mandelson.
The danger from Mr Straw's point of view was that it might eventually be shown that Mr Megrahi, convicted of the most terrible of crimes – the bombing of 270 innocent people – was not only innocent but had been framed with the connivance of the British and American security services.
Mr Straw, I pointed out, was old enough to remember the damage done to the reputation of the police and the courts by the wrongful conviction of several innocent men and women during the IRA bombing campaign in the 1970s.
And now, thanks to a long article reprinted this week in The Independent on Sunday by the indefatigable lawyer Gareth Peirce, we learn that two of the government scientists who were accused of giving suspect evidence against those innocent Irishmen also gave evidence against Mr Megrahi in his trial before three Scottish judges.
Using the words "astounding", "shameful" and "profoundly shocking" to describe the Lockerbie investigation and subsequent trial, Ms Peirce has raised the spectre of a miscarriage of justice far more serious than anything in the 1970s. Mr Straw must be hoping that, in these degenerate days, nobody will be paying very much attention to her.
Have we now heard the last of the so-called Lockerbie bomber, Abdelbaset Ali al-Megrahi? The Government, and particularly the Justice Secretary, Jack Straw, must be praying that we have.
Five weeks ago, I suggested that the prime reason for releasing Mr Megrahi, in spite of the inevitable protest from all corners of the earth, was to bring an end to his appeal – nothing to do with Libyan oil, or secret deals done by Tony Blair or Peter Mandelson.
The danger from Mr Straw's point of view was that it might eventually be shown that Mr Megrahi, convicted of the most terrible of crimes – the bombing of 270 innocent people – was not only innocent but had been framed with the connivance of the British and American security services.
Mr Straw, I pointed out, was old enough to remember the damage done to the reputation of the police and the courts by the wrongful conviction of several innocent men and women during the IRA bombing campaign in the 1970s.
And now, thanks to a long article reprinted this week in The Independent on Sunday by the indefatigable lawyer Gareth Peirce, we learn that two of the government scientists who were accused of giving suspect evidence against those innocent Irishmen also gave evidence against Mr Megrahi in his trial before three Scottish judges.
Using the words "astounding", "shameful" and "profoundly shocking" to describe the Lockerbie investigation and subsequent trial, Ms Peirce has raised the spectre of a miscarriage of justice far more serious than anything in the 1970s. Mr Straw must be hoping that, in these degenerate days, nobody will be paying very much attention to her.
Friday, 25 September 2009
TIME editors interview Gaddafi
[The website of Time magazine contains an interview conducted yesterday with Colonel Gaddafi in New York. It can be read here. What follows is the one question and answer relating to Lockerbie.]
Q: I know that the Lockerbie case has come to a legal end, but there are people in the United States who would still say, in 2003, Libya accepted responsibility for its officials but it would be wonderful if it was a heartfelt expression of remorse and an apology for what happened. That might help thaw the ice.
A: It was always said that it is not us who did that and they don't accept the fact that they have a responsibility for the Lockerbie bombing. And all the nonaligned nations used to support the Libyan claim. But we go through the resolutions adopted by ... more than 150 countries, both of the resolutions of the Arab League, all of the resolutions adopted by the African Union, all of the organizations ... conflict resolutions.
But of course, Americans, Libyans, the whole world express sympathy or regret over such tragedies. No one would be happy over such tragedies, no one would welcome such a tragedy, indeed, of course. Do the American people feel happy, are the American people happy over the killing of the Libyan citizens in 1986? And is the world happy about the Gaza massacre? By the same token none of us are happy over the tragedy of Lockerbie. Up to now, if you visit the house that was bombed in the American raid, you will find a picture of my daughter, a picture of the daughter of Jim Swire, in a frame there, and everybody goes there. Our children are all victims. I mean, these pictures, just to say the fact that we are all fathers of victims.
[The report in The Times on Gaddafi's New York visit and his appearance at the Council on Foreign Relations contains the following:
"A day after losing his tent and complaining of jet leg, Colonel Muammar Gaddafi yesterday skipped a summit meeting of the UN body he has dubbed the “Terror Council”.
"The Libyan leader was the only one of the 15 Security Council statesmen to miss the meeting, which was chaired by President Obama. His no-show came as a relief to Mr Obama and Gordon Brown, who were spared having to shake his hand.
"A diplomatic source said that the notoriously unpredictable “Brother Leader of the Libyan Revolution” had decided on Wednesday to give the Security Council a miss after he delivered a long speech to the 192-nation General Assembly, in which he complained of jet lag. He did reappear last night at the Council on Foreign Relations, a high-powered American foreign policy association. In his address he denied that Libya ever had a hand in the Lockerbie bombing."
The report in The Tripoli Post contains the following:
"With regard to Lockerbie case, the Leader of the Revolution said Thursday that Libya has not accepted culpability, and only took responsibility for the actions of its citizens. "We never acknowledged any guilt ... and Libya was never indicted in any court as responsible," he said in Arabic. His remarks translated into English."]
Q: I know that the Lockerbie case has come to a legal end, but there are people in the United States who would still say, in 2003, Libya accepted responsibility for its officials but it would be wonderful if it was a heartfelt expression of remorse and an apology for what happened. That might help thaw the ice.
A: It was always said that it is not us who did that and they don't accept the fact that they have a responsibility for the Lockerbie bombing. And all the nonaligned nations used to support the Libyan claim. But we go through the resolutions adopted by ... more than 150 countries, both of the resolutions of the Arab League, all of the resolutions adopted by the African Union, all of the organizations ... conflict resolutions.
But of course, Americans, Libyans, the whole world express sympathy or regret over such tragedies. No one would be happy over such tragedies, no one would welcome such a tragedy, indeed, of course. Do the American people feel happy, are the American people happy over the killing of the Libyan citizens in 1986? And is the world happy about the Gaza massacre? By the same token none of us are happy over the tragedy of Lockerbie. Up to now, if you visit the house that was bombed in the American raid, you will find a picture of my daughter, a picture of the daughter of Jim Swire, in a frame there, and everybody goes there. Our children are all victims. I mean, these pictures, just to say the fact that we are all fathers of victims.
[The report in The Times on Gaddafi's New York visit and his appearance at the Council on Foreign Relations contains the following:
"A day after losing his tent and complaining of jet leg, Colonel Muammar Gaddafi yesterday skipped a summit meeting of the UN body he has dubbed the “Terror Council”.
"The Libyan leader was the only one of the 15 Security Council statesmen to miss the meeting, which was chaired by President Obama. His no-show came as a relief to Mr Obama and Gordon Brown, who were spared having to shake his hand.
"A diplomatic source said that the notoriously unpredictable “Brother Leader of the Libyan Revolution” had decided on Wednesday to give the Security Council a miss after he delivered a long speech to the 192-nation General Assembly, in which he complained of jet lag. He did reappear last night at the Council on Foreign Relations, a high-powered American foreign policy association. In his address he denied that Libya ever had a hand in the Lockerbie bombing."
The report in The Tripoli Post contains the following:
"With regard to Lockerbie case, the Leader of the Revolution said Thursday that Libya has not accepted culpability, and only took responsibility for the actions of its citizens. "We never acknowledged any guilt ... and Libya was never indicted in any court as responsible," he said in Arabic. His remarks translated into English."]
When doing the Scottish thing backfires
[This is the headline over an article by Sarah Lyall in today's edition of The New York Times. It reads in part:]
Scots are very touchy these days about the decision to free the bomber, Abdel Basset Ali al-Megrahi, and very worried about their international reputation.
Mr. Megrahi, the only person ever convicted in connection with the explosion of Pan Am Flight 103 over Lockerbie, Scotland, in 1988, was freed from prison on compassionate grounds in August, having served less than a third of his 27-year sentence. Ill with terminal prostate cancer, he is now in intensive care at a hospital in Tripoli, his lawyer said. But the debate over his release rages on.
Indeed, there has been a great deal of talk about conspiracies and backdoor deals between Britain and Libya over Mr. Megrahi’s case. Britain wants to have better relations — both politically and financially — with Libya, and it is clear that the Megrahi issue came up repeatedly in discussions. As a condition of improved cooperation, Britain had to withdraw its demand to get Mr. Megrahi’s name removed as an exception when it negotiated a prisoner transfer agreement with Libya.
But the conspiracy theories ignore the parochial nature of Scottish politics, and also the political agenda of Alex Salmond, the leader of the governing Scottish National Party. Relations between Mr. Salmond and Gordon Brown, the British Labour prime minister, are said to be particularly frosty, and the last thing Mr. Salmond wants to do is appear to be taking orders from London.
He has enough troubles at home. In the Scottish Parliament, the justice committee is to conduct an inquiry into how the decision was reached, putting the nationalists on the defensive.
The National Party, which has a plurality but not a majority in Parliament and so clings to power tenuously, is at heart a single-issue organization: it believes that Scotland should be independent from Britain. As a result, its critics say, the party badly wants to prove itself, but has ended up looking foolish in the highest-profile decision of its governing time.
“They are desperate to be players on the international stage,” said Richard Baker, a member of the Scottish Parliament who is justice spokesman for the Labour Party here. “But there’s a huge arrogance within the S.N.P. in claiming that they speak for Scotland.” (...)
Even some people who believe Mr. Megrahi was unfairly imprisoned and deserved to be free are annoyed at the way the government handled his release. (...)
Although it means little to outsiders, particularly families of the victims of Flight 103, the Scottish government insists that there is a huge distinction between releasing Mr. Megrahi under the prisoner transfer agreement — which London may have tacitly supported had it happened, but which Scotland refused to allow — and releasing him on compassionate grounds, an extremely Scottish move.
In Scotland, opinion polls show a mixed reaction to the Megrahi release. A BBC poll found the majority were opposed to the decision. But polls in local newspapers found heavy majorities applauding it, and in an Internet poll conducted by the Firm, a magazine for lawyers, judges and others in the legal profession, some 69 percent of responders said they supported the release.
And, as a complicating factor, many Scots — including influential members of the legal establishment — feel that Mr. Megrahi was unjustly convicted and should never have been imprisoned in the first place.
Among them are Robert Black, the lawyer who helped broker the deal to hold the Lockerbie trial in the Netherlands rather than in Scotland; and Hans Kochler, the United Nations observer at the trial, who called the guilty verdict “inconsistent” and “arbitrary,” and has been a harsh critic of Scottish justice.
Mr. Megrahi has always maintained his innocence. His first appeal failed, but an influential group called the Scottish Criminal Cases Review Commission then referred his case back for another appeal, saying that it believed he “may have suffered a miscarriage of justice.”
Mr. Megrahi dropped the appeal in August, a tactic that he thought would help his chances of being released early, his lawyer said. But he has begun publishing on the Internet the legal arguments he had planned to use, as a way toward establishing his innocence.
In the Scottish Parliament, Kenny MacAskill, Scotland’s justice secretary, defended his decision to release Mr. Megrahi on compassionate grounds, saying that humanity “is viewed as a defining characteristic” of Scotland.
In fact, releasing terminally ill prisoners is fairly standard practice in Scotland. Since 1997, 31 prisoners, including Mr. Megrahi, have applied for compassionate release. Twenty-four have had their applications granted; the remaining seven did not meet the medical criteria, in which, generally, the prisoner is deemed likely to die within three months.
“Our justice system demands that judgment be imposed but compassion be available,” Mr. MacAskill told Parliament. “Our beliefs dictate that justice be served, but mercy be shown.”
On the Royal Mile, Gordon Nicolson, who owns a kiltmaking shop, said that Mr. MacAskill’s efforts had backfired.
“They’re trying to show that Scotland can be politically independent,” he said. “But if this is the kind of decision they make, this calls into question Scotland’s ability to make good decisions.”
Scots are very touchy these days about the decision to free the bomber, Abdel Basset Ali al-Megrahi, and very worried about their international reputation.
Mr. Megrahi, the only person ever convicted in connection with the explosion of Pan Am Flight 103 over Lockerbie, Scotland, in 1988, was freed from prison on compassionate grounds in August, having served less than a third of his 27-year sentence. Ill with terminal prostate cancer, he is now in intensive care at a hospital in Tripoli, his lawyer said. But the debate over his release rages on.
Indeed, there has been a great deal of talk about conspiracies and backdoor deals between Britain and Libya over Mr. Megrahi’s case. Britain wants to have better relations — both politically and financially — with Libya, and it is clear that the Megrahi issue came up repeatedly in discussions. As a condition of improved cooperation, Britain had to withdraw its demand to get Mr. Megrahi’s name removed as an exception when it negotiated a prisoner transfer agreement with Libya.
But the conspiracy theories ignore the parochial nature of Scottish politics, and also the political agenda of Alex Salmond, the leader of the governing Scottish National Party. Relations between Mr. Salmond and Gordon Brown, the British Labour prime minister, are said to be particularly frosty, and the last thing Mr. Salmond wants to do is appear to be taking orders from London.
He has enough troubles at home. In the Scottish Parliament, the justice committee is to conduct an inquiry into how the decision was reached, putting the nationalists on the defensive.
The National Party, which has a plurality but not a majority in Parliament and so clings to power tenuously, is at heart a single-issue organization: it believes that Scotland should be independent from Britain. As a result, its critics say, the party badly wants to prove itself, but has ended up looking foolish in the highest-profile decision of its governing time.
“They are desperate to be players on the international stage,” said Richard Baker, a member of the Scottish Parliament who is justice spokesman for the Labour Party here. “But there’s a huge arrogance within the S.N.P. in claiming that they speak for Scotland.” (...)
Even some people who believe Mr. Megrahi was unfairly imprisoned and deserved to be free are annoyed at the way the government handled his release. (...)
Although it means little to outsiders, particularly families of the victims of Flight 103, the Scottish government insists that there is a huge distinction between releasing Mr. Megrahi under the prisoner transfer agreement — which London may have tacitly supported had it happened, but which Scotland refused to allow — and releasing him on compassionate grounds, an extremely Scottish move.
In Scotland, opinion polls show a mixed reaction to the Megrahi release. A BBC poll found the majority were opposed to the decision. But polls in local newspapers found heavy majorities applauding it, and in an Internet poll conducted by the Firm, a magazine for lawyers, judges and others in the legal profession, some 69 percent of responders said they supported the release.
And, as a complicating factor, many Scots — including influential members of the legal establishment — feel that Mr. Megrahi was unjustly convicted and should never have been imprisoned in the first place.
Among them are Robert Black, the lawyer who helped broker the deal to hold the Lockerbie trial in the Netherlands rather than in Scotland; and Hans Kochler, the United Nations observer at the trial, who called the guilty verdict “inconsistent” and “arbitrary,” and has been a harsh critic of Scottish justice.
Mr. Megrahi has always maintained his innocence. His first appeal failed, but an influential group called the Scottish Criminal Cases Review Commission then referred his case back for another appeal, saying that it believed he “may have suffered a miscarriage of justice.”
Mr. Megrahi dropped the appeal in August, a tactic that he thought would help his chances of being released early, his lawyer said. But he has begun publishing on the Internet the legal arguments he had planned to use, as a way toward establishing his innocence.
In the Scottish Parliament, Kenny MacAskill, Scotland’s justice secretary, defended his decision to release Mr. Megrahi on compassionate grounds, saying that humanity “is viewed as a defining characteristic” of Scotland.
In fact, releasing terminally ill prisoners is fairly standard practice in Scotland. Since 1997, 31 prisoners, including Mr. Megrahi, have applied for compassionate release. Twenty-four have had their applications granted; the remaining seven did not meet the medical criteria, in which, generally, the prisoner is deemed likely to die within three months.
“Our justice system demands that judgment be imposed but compassion be available,” Mr. MacAskill told Parliament. “Our beliefs dictate that justice be served, but mercy be shown.”
On the Royal Mile, Gordon Nicolson, who owns a kiltmaking shop, said that Mr. MacAskill’s efforts had backfired.
“They’re trying to show that Scotland can be politically independent,” he said. “But if this is the kind of decision they make, this calls into question Scotland’s ability to make good decisions.”
Subscribe to:
Posts (Atom)