Sunday, 4 March 2012

Lockerbie and the wicked silence of our press

[This is the headline over a long guest post by David McEwan Hill on the blog A Burdz Eye View. It reads in part:]
As we beaver away on political blogs defining and refining our positions on every subject under the sun, we should never forget that we are the seriously informed – or perhaps the seriously misinformed – proportion of the Scottish population. A big part of the rest of our community has a significantly superficial view of most issues and assumes what they read in their chosen newspaper to be substantially true.
It is a widespread disengagement with the truth resulting from this flawed confidence which is frustrating the heroic attempts of a handful of dogged campaigners to have the travesty of the Camp Zeist conviction of al-Megrahi driven into public consciousness.
If we are to be a part of a society that is just, honest and civilised – as most believe it to be – it is essential that the complete and utter absurdity of the trial and conviction is completely exposed. There are powerful forces just as doggedly blocking this exposition and, depending on your point of view, our media is either a compliant part of this conspiracy or a victim of it.
If what I and a steadily growing number of informed people believe is true we see a plot that strikes at the very foundation of society in which our generations have confidently put their trust.  And it may be a disgrace a lot bigger than the fitting up of one innocent man.
This is a concise overall account of the issue as I see it. Everything I cite can be easily sourced in the works of Private Eye’s late Paul Foot, in the late David Rollo’s booklet A Bum Rap and indeed, in John Ashton’s book published now, and in millions of other words published through many other sources and available online – but distressingly, so very little of it published in any meaningful way in our mainstream media. This is a critical point.
This almost blanket suppression is one of the great “whys” of this distressing affair. There are many “whys” and I hold that the unravelling of issues like this is better pursued through the “whys” than by the “hows “.
But to the main story.
On 21st December 1988 Pan Am Flight 103 exploded over the Scottish border town of Lockerbie killing all 259 persons on the flight and eleven persons in the town.
On the 31st January 2001 – extraordinarily, more than eleven years after the atrocity – Libyan agent Abdelbaset Ali al-Megrahi was charged and found guilty of placing a bomb on a plane in Malta which caused the subsequent explosion on Pan Am Flight 103. This was the verdict delivered in a special Scottish court, convened, oddly without a jury, in Camp Zeist in Holland. His co-accused was found not guilty. The convicted man was sent to serve his life sentence in Greenock Jail. He subsequently was given a compassionate release due to suffering from inoperable terminal cancer.  None of this is in doubt: we all know this stuff. On this case sadly this is about all on which there is no doubt.
Immediately after the trial the United Nations observer at it, Austrian Professor Hans Koechler described the verdict as “a spectacular miscarriage of justice.”

Professor Robert Black QC (…) said “I am satisfied that not only was there a wrongful conviction, but the victim of it was an innocent man. It constitutes, in my view, the worst miscarriage of justice by a Scottish Criminal Court since the conviction of Oscar Slater in 1909 for the murder of Marion Gilchrist”.

Dr Jim Swire, whose 23 year old daughter Flora died in the bombing, went to the trial to see justice done to the murderer of his child and left the court convinced of Al Megrahi’s innocence. He has said “The scandal around Al Megrahi is not that a sick man was released but that he was convicted in the first place.“  He describes the trial as “a tragedy for Scotland.”   

Now I’m prepared to take these guys’ word for it. But the problem is that none of this has ever made sustained headlines – or any headlines at all in any of our media.  And because of this amazing, long term episode of suppression the dirty deed at Camp Zeist was initially got away with. (…)
The progression of my thoughts over the years on this affair probably mirrors that of many others.
I was very soon sure that al-Megrahi was a scapegoat. No man operating alone could have achieved what he was charged with. A scapegoat for whom, however, was the next question. A scapegoat for Ghaddafi’s part in this seemed initially plausible but later developments made this seem less than a complete answer.  As time went on and other disturbing information leaked out, this became no kind of an answer at all. So the first “why” rears its head.
Why, after a period during which it was widely assumed that Iran had taken down Pan Am Flight 103, were two Libyans, under no sort of previous suspicion, abruptly offered as culprits?
Whose interests did this development serve? That is the only important question. Some have suggested that everybody was a winner. Iran’s relationship with the US was resumed. Libya shortly thereafter had Western sanctions against it lifted and Iranian and Libyan oil stated flowing westwards again. The only little question remaining was the “honour” one. Was Iran offered revenge for the shooting down of Iran Airbus 655?
We will return to that.
But all the while suspicion grew of dirty deals between the US and the UK on one side and a variety of Middle Eastern interests on the other.
A decade later, the Lockerbie affair continues to unravel. Even a superficial examination of the case against al-Megrahi and the “evidence” put forward to support it immediately demolishes it.
The initial public euphoria built on a hunger to find someone guilty for the Lockerbie atrocity has faded. In the cold light of day, the travesty of a trial which proceeded on evidence that would have been laughed out of a Sheriff Court becomes internationally recognised as a disgrace and a stain on Scotland’s reputation.
Over the years, my opinion of the evidence that put al-Megrahi behind bars has gravitated from a belief that it was very dubious to a conviction now that most of it is absurd.
My initial judgement – that they would have caught the right man, but the evidence was hardly compelling – was probably shared by many. This perception has lingered on, as has a notion held by others that maybe he didn’t place the bomb but somehow he was “involved in it”. Therefore it’s all right to lock him up.
No, it’s not.  If he didn’t place the bomb on a plane in Malta, as charged, he should have been acquitted. That’s all.
That’s the way our law and our courts are supposed to work – and generally do at the hands of juries.
So let’s have a look at the first absurdity. Those of you who have flown about or changed planes will know what I’m talking about. We are expected to believe that Al Megrahi placed a case with a bomb in on a plane In Malta which then, presumably on time, flew to Germany where the case was, as planned , transferred to another plane which set off for London. On time. The plot doesn’t work otherwise. Now my experience of intercontinental air travel tells me that there would have been a significant chance that the case loaded in Malta would have set off on a plane for Madrid or turned up three days later in Sumatra.  The bomb, we are informed, was specifically timed to go off just after the plane cleared the UK mainland and went out over the Atlantic, but a slight flight delay meant it went off over Lockerbie. (This much is probably true. No pesky searches for evidence would have been possible.)
But how they would manage this accurately from Malta has never been spelled out.  It is, in fact, a completely absurd proposal. Nearly as absurd as an initial suggestion, quickly withdrawn, that the bomb was triggered by achieving a certain altitude which implied that the plane had gone from Malta to Germany at hedge height.  Altitude activation could of course have been achieved had the bomb been loaded in London, but the plot didn’t stretch to paying someone to say they had seen al-Megrahi in London.
The next absurdity is the fragment of bomb timer mechanism. The size of a finger nail, this apparently was found somewhere in a wild and hilly area of over 300 square miles of the South of Scotland and North West of England.
I wouldn’t have been able to find it in my front garden. The delay in finding it, the absence of any trace of explosives on it, the opinion of experts that it couldn’t have survived the explosion, the strange numbering of it when it was inserted into a list of other exhibits causing them all to be renumbered and even a filmed statement by an ex CIA operative that it was manufactured in a CIA laboratory, demolishes this as a piece of evidence.
Of course the significance of this little piece of hokum was that it had little threads of a shirt on it. So we are told.
This shirt is the only piece of “evidence” that linked Al Megrahi to the bombing.  The fact that it seems entirely possible that al-Megrahi was not in Malta the day the shirt apparently was sold to him shouldn’t be allowed to cast any doubt on the veracity of this evidence. Especially as it was purchased at great cost. The shopkeeper who says he sold the shirt to Al Megrahi was given $2million for giving his evidence and his brother was given $1million to keep him on message.  There are disturbing reports alleging that Scottish police officers were involved in the bargaining exercise here.  Lord Fraser described the Maltese shopkeeper as “an apple short of a picnic”. Yet on this man’s  testament another man was imprisoned for life on the basis of no robust evidence whatsover.
We don’t have to ask “why” this $2million bribe was given. But we have to ask “why” it wasn’t mentioned in court and “why” the defence had no whiff of it. It wasn’t mentioned at the trial because it would have rendered the evidence from the Maltese shopkeeper completely inadmissible. There would have been no case whatsoever against al-Megrahi.
The next “why” is why the break-in at the baggage handling unit at Heathrow a few hours before the fateful flight was kept from the court and out of the public domain until after the trial? That of course would have dealt a fatal blow to the fanciful Malta proposal.
It is very easy, however, to see “why” the UK and US governments in particular are doggedly defending the indefensible conduct of this whole affair.
Because what we are looking at here is not just a wrongful conviction, a mistake.  Mistakes happen and Governments’ first impulse is to defend the verdicts reached in their courts. What we are arguably looking at here, however, is a very deliberate miscarriage of justice masterminded by governments to send an innocent man – and a man they know to be innocent – to jail. Should this be established the implications are terrifying.
And another “why” and the biggest why in my eyes, is why our media is ignoring what facts there are in this sorry issue.  We are treated daily to a range of offensive, ignorant and infantile comment on al-Megrahi and Lockerbie in our newspapers. Many of these journalists know they are spouting rubbish. Our great, brave, campaigning press that will leave no stone unturned in exposing politicians’ expense fiddles or in detailing the sexual frolics of sports persons and showbiz nonentities refuse to deal with this growing scandal. This is hugely important. Does our “free” press now hold that defending those in power is one of their obligations? Why? And what kind of pressure is being put on them – and from what source?
The current and continual “why” now is the swirling doubts about the abandoned appeal and absolute imperative that this whole issue be blown apart publicly.
Again we have to ask ourselves: Whose interest is served by the suppression of the truth?  And again we can line up the US, the UK and the previous Libyan regime.  How convenient now the imposed silence of Muammar Ghaddafi!
Did the Libyan authorities suggest al-Megrahi abandon his appeal?  A reversal of the verdict and a demolition of the fabricated evidence against him would have gone a way to supporting theories of a Libya/UK/US plot.
What complications is Kenny MacAskill struggling with? There is nothing in this for the Scottish Government but grief.

The Megrahi mysteries

[This is the headline over a long interview with Megrahi: You are my Jury author John Ashton in today’s edition of the Sunday Herald.  It reads in part:]

Ashton says he is in no doubt that Scotland got the wrong man when Megrahi was convicted of the bombing of Pan Am Flight 103 in December 1988 which instantly killed the 259 passengers and crew aboard the plane and another 11 in the town of Lockerbie below.
Ashton also believes that those responsible for the bombing may never be brought to justice and calls the trial and conviction the "biggest scandal of Scotland's post-devolution era" and an act that "disgraces Scotland's criminal justice system".
He says the evidence still held by the Scottish Criminal Cases Review Commission (SCCRC), which investigated the conviction as a possible miscarriage of justice, should be made public.
The SCCRC found six grounds on which Megrahi's conviction was potentially unsafe. Both Megrahi and the Scottish Government want publication of the 800-page report in the interests of transparency, but this is subject to data-protection law which is reserved to Westminster.
That means approval has to be given by the key players in the case, including Megrahi, the Crown Office, Dumfries and Galloway Police, and witnesses including the Maltese shopkeeper Tony Gauci whose evidence linking Meghrai to the bombing has been questioned.
QUESTION: Is Megrahi blocking the publication of the Scottish Criminal Cases Review Commission report which recommended that his case be returned to the Appeal Court in 2007? If not, who is?
answer: No. His position is that everything must be published and he says he will allow everything over which he has a say to be published. He is happy for the evidence that doesn't stand in his favour to come out as well. His line is everyone should put out all the evidence. His beef is that 20 years after he was indicted, they are still withholding stuff.
Q. Has Megrahi ever said who was responsible for the Lockerbie bombing, or who he thinks did it?
A. No. And he won't. Because it was nothing to do with Libya. There was a lot of circumstantial evidence pointing towards a Palestinian cell in Germany. But he's very clear on this. He said he has been wrongly accused and it could be they have been as well. His line is we have to concentrate on disproving the evidence against him not on proving it against others. It is for the police to find the people who really did it, not for him and his legal team.
Q. Did he have any – even tangential – involvement or foreknowledge of the bombing?
A. No. That's my belief and that's what he says.
Q. So if he is to be believed, we have mass murderers on the loose that have not been dealt with in over 20 years. Has Megrahi ever raised any questions over seeking the real culprits?
A. He has sympathy for the bereaved and thinks they have been cheated. But he is very reluctant to point fingers, purely because of his own experience of being wrongly fingered.
Q. What about Megrahi's longevity despite being given a few months to live because of his prostate-cancer diagnosis?
A. The medical evidence was that the three months [to live] was a realistic prognosis. But clearly there was pressure on here. The Scottish Government as well as the UK Government, as well as the Libyans – everyone – was desperate for confirmation that he might only have a few months to live. It was a political fix, wasn't it? But that's not to say there was any dishonesty on the part of the doctors.
Q. What proof is there that during a meeting between Libyan diplomat Abdulati al-Obeidi and Justice Secretary Kenny MacAskill on August 10, 2009, a suggestion was made that it would be easier to gain compassionate release if Megrahi dropped his appeal? In what circumstances did MacAskill have this conversation?
A. The story is that Obeidi who led the Libyan delegation went for meetings with MacAskill and officials, and after that they went to the prison to see Megrahi. Obeidi later said to Megrahi that, during the meeting or at the end of the meeting, MacAskill had taken him to one side and said: look it would be easier to grant compassionate release if Megrahi dropped his appeal.
Q. So it is hearsay?
A. MacAskill has since fallen back on the fact there was a minute of the meeting and it reflects what went on. It's a load of waffle. If you look at it, it is one page long and a third of that page is a list of attendees. It's five bullet points, it is incredible. In any case, the whole point of taking someone aside is that it is not minuted.
Q. What do you make of MacAskill's denial that he said it would be easier to release Megrahi on compassionate grounds if he dropped his appeal.
A. It boils down to Obeidi's word against MacAskill and Obeidi's a Gaddafi regime relic and under house arrest. People will say Obeidi shouldn't be believed.
You have to look at motive. What was Obeidi's motive for lying to Megrahi. There was huge pressure to get him home and Obeidi maybe felt he could help persuade him. But beyond that, it is a bit opaque. Gaddafi wanted the conviction overturned, he wanted to get back into the international community and put the issue behind him. Then you look at MacAskill's motive and that [would be] to save the criminal justice system in Scotland a massive embarrassment.
They would be forced to account for why all the evidence the SCCRC turned up that had not been disclosed to the defence had been withheld. This would have been catastrophic for them, I think. Also, the real killers have gone free.
One of the real scandals in this is what resulted from the indictment that was issued against Megrahi and [his co-accused] Al-Amin Khalifah Fhimah 20 years ago. It should not be [MacAskill] that is on the hot seat, it should be the then Lord Advocate. Because he should have to answer to why there was non-disclosure of all the evidence.
But unfortunately what happens is that we get Kenny McAskill having to yet again make comments on the release of Megrahi. Until the government distances itself from the Crown Office on this and says, yes, we need to get to the bottom of it and order an inquiry - this is a scandal that will undermine the government. And MacAskill in that respect is in the firing line.
Q. Why does Megrahi not restart his appeal against conviction if he is innocent?
A. He's dying. He can't do those sort of things. Getting through a day is difficult enough. He's had 10 years away from his family. He would feel, yes, great if [he could clear his] name in future but he has too much on his plate. He could have started it before but the climate wasn't right for it. Nobody wanted an appeal before but now I think for the Scottish Government, an appeal might be the least worse option. Now, I know it is not within their gift to give it, but everyone is so up against the wall now, I think, that it will be more damaging to refuse any application made to appeal than to grant it.
I think his family may want to [orchestrate an appeal], but they are managing his death. They have the rest of their lives to do it. It is quite clear he won't be cleared while he's alive. His daughter is a lawyer and if they don't Jim Swire will. [Swire, a supporter of Megrahi, is the father of 23-year-old Flora who died in the atrocity]. It would require an application to the SCCRC and that has to pass two tests.
One, is there a potential miscarriage of justice, the answer to that is clearly yes because they have already said that. Secondly, which is trickier, is whether it is in the interests of justice. Then the circumstances of the abandonment of his appeal is important, because you have to demonstrate that by doing that he was not admitting guilt. Clearly he wasn't, but I think that's a hurdle he has to get over.
Q. So Megrahi wants a posthumous appeal?
A. He definitely wants to clear his name. We have not discussed the mechanism for a posthumous appeal but you can take it as read that he would want it.
Q. What does Megrahi think of Jim Swire's leading role in campaigning for him?
A. He's very touched and has massive respect for him.
Q. Has Megrahi provided information for any future appeal?
A. He's given it to the SCCRC already. They have interviewed him at length, they have access to all his precognition statements, they have everything they could need.
Q. How did Megrahi feel when Gadaffi paid compensation for Lockerbie, effectively admitting Libyan guilt?
A. He wasn't happy. The Libyan Government position was clear. They had to accept legal responsibility because otherwise they couldn't get rid of the sanctions in place at the time.
Q. So he would say Libya weren't responsible.
A. Oh yeah.
Q. When First Minister Alex Salmond says he is irritated and frustrated by the book's claims, how do you react?
A. I share the frustration that the attention has been on the issue of Megrahi's release, when it should be on the Crown Office's failure to disclose evidence. Hopefully, the government are coming round to being genuinely welcoming of the possibility of publication (of the SCCRC report). If that's the case then they must know a lot of the flak will come the way of the Crown Office.
Q. What do you want to see happen now?
A. First, a full inquiry which will cover why all the evidence was withheld from the trial. But I would also echo the relatives' call for a broader inquiry into Lockerbie, including the warnings that were given of an attack on Pan Am and why those weren't heeded. Secondly, the case should go back to the court of appeal. The case is still open and the police are going to Libya.
Q. If Megrahi is innocent, how did he get caught up in the biggest murder trial in history?
A. That's a very good question. You enter into the realms of speculation. It looks like it was a frame up, to put the blame on Libya. Not by the police. The police reasonably honestly followed the leads that were put their way.
Q. How did he feel in Tripoli airport when the Saltire was flown by Libyans – knowing as he must that this would injure the government which freed him?
A. It was presented as a Government-orchestrated carnival. But if you read Wikileaks, a confidential cable from the US embassy undermined the US and UK government's claim that Megrahi's reception when he returned home was a grossly orchestrated pageant. It acknowledged that the crowd assembled at the airport numbered only around 100 and that only one Libyan TV channel broadcast the event.

Lockerbie bombing: Megrahi report ‘to be published’

[This is the headline over an article published in today’s edition of Scotland on Sunday.  It reads in part:]
A report that purports to show that the conviction of the Lockerbie bomber was a miscarriage of justice is now “very likely” to be made public, the Scottish Government has claimed.
Information contained in the 800-page report includes the six grounds on which Abdelbaset Ali Mohmed al-Megrahi planned to appeal against his conviction for killing 270 people by placing explosives on Pan Am flight 103. It is currently protected under data protection laws.
Last week justice secretary Kenny MacAskill wrote to his UK counterpart, Ken Clarke, saying it was “imperative” that the document be made public. The move could only go ahead if the UK government makes a one-off exception under data protection law.
Yesterday, a Scottish Government source said it was encouraged by Clarke’s reponse “that officials should meet to discuss this. If they are not minded to do it, why meet? I think on this, of all issues, openness serves the interest of everybody. I would be encouraged that the UK government is willing to enter a process of discussions about setting aside data protection restrictions. That’s a very welcome development.”
Earlier this year, Westminister officials met Gerry Sinclair and Michael Walker, chief executive and senior legal officer respectively at the Scottish Criminal Cases Review Commission, which holds the report, to discuss the case. If the UK government allows the data protection exception, the SCCRC would then take the decision on whether to publish.
The Scottish Government believes that the publication last week of John Ashton’s book, Megrahi: You are my Jury, along with two documentaries hinting at what is contained in the report, has strengthened the case for the report’s disclosure. (…)
“I think the SCCRC would take the view that elements [of the report appearing] in the public domain would strengthen the case.”
The Scottish Government has introduced laws in the parliament making it legal for the SCCRC to publish the document, which clears one of its potential hurdles.


[An article in today's edition of The Observer can be read here; and one in the Scottish Sunday Express here.]

Who was the Lockerbie bomber?

[This is the headline over a long review of John Ashton’s Megrahi: You are my Jury in the current issue of the Scottish Review of Books by Alan Taylor, the editor. The whole article merits close reading.  The following is a brief extract:]

It was because of his visits to Malta that Megrahi came to the attention of Scottish police. Items of clothing which were believed to have been wrapped around the fatal bomb were traced to a shop. As John Ashton puts it: ‘The Lockerbie investigation first tilted towards Malta on 22 May 1989, when RARDE [Royal Armaments Research and Development Establishment] forensic scientist Dr Thomas Hayes examined a blue and white mass of fabric labelled PK/669, which had been found in Northumbria a week after the bombing. On untangling it, he discovered that it consisted mainly of a clothing label, which read “Age 12–18… height 86 com…75% modacrylic…25% polyester…Rib 100% acrylic…Keep away from fire…Made in Malta.” Two facts were clear: the item was heavily blast-damaged and it originated from a children’s garment. There was also a plastic tag in the label, suggesting it had never been worn.’

Hayes deduced that the garment had been placed very close to the bomb along with the other luggage in the hold of PA103. If it could be traced back to its owner the identity of the bomber might be revealed. After a few months, the manufacturer of the clothing was found, as, soon thereafter, was the shop, Mary’s House, in the Maltese town of Sliema in which it was sold. All that was needed now was for whoever sold it to identify who’d bought it.  To the jubilation of DCI Harry Bell and Detective Sergeant William Armstrong, Tony Gauci, the son of the owner of Mary’s House, said he had a vivid recollection of the transaction. It had stuck with him, he explained, because the man who bought it had also bought several other items, none of which took much persuasion for him to purchase. ‘It was as if anything I suggested he buy he would take it,’ said Gauci. 

But what did he look like? Gauci, whose job it was to assess someone’s measurements in an instant, barely hesitated. This is what he initially told the Scottish policemen. ‘He was about six feet or more in height. He had a big chest and a large head. He was well-built but he was not fat or with a big stomach. His hair was very black. He was speaking Libyan to me. I can tell the difference between Libyans and Tunisians when I speak to them for a while. Tunisians often start speaking French if you talk to them for a while. He was clean-shaven with no facial hair. He had dark-coloured skin. He was wearing a dark-coloured two piece suit. I think it may have been blue-coloured. His overall appearance was smart.’

Gauci, who would later be described by Lord Fraser of Carmyllie, the former Lord Advocate as ‘not quite the full shilling’ and ‘an apple short of a picnic’, was for the police the witness of their dreams. Having provided them with a portrait of the suspect, they now tried to get him to specify a date. A time proved easier. It was not long before the shop closed at 7 pm, perhaps about half an hour before. Gauci said that he was alone because his brother Paul was watching football on TV elsewhere. He also recalled that the bill came to £76.50 which, he said, was paid in cash.

Over the following few weeks Gauci was interviewed numerous times. Then, on 26 September, Gauci informed the police that the mysterious stranger had been in the shop the previous day. Again he gave a description, confirming many of the details he’d given previously, but adding that the clothes buyer was around 50 years old when Megrahi was 36. He was also a few inches smaller than the man Gauci said he’d served, lighter skinned and with a receding hairline. Gauci said he hadn’t contacted the police immediately because his father and brother had warned him that ‘something bad’ might happen to him. (...)

It would be wrong to suggest that it was only Tony Gauci’s testimony which led to the conviction of Abdelbaset Al-Megrahi for the Lockerbie bombing. Equally it would be wrong to say that his conviction would have been obtained and upheld without it. Reading his statements to the police, which are included here as an appendix, what is instantly apparent is their unreliability. Taken together, remarks John Ashton, ‘they reveal a man with an unremarkable constellation of excusable human frailties: uncertainty, suggestibility, eagerness to please and, above all, inconsistency.’

For the police, however, and the prosecutors, and doubtless some politicians, Megrahi   was the perfect fit for a horrible crime. For a start, he was Libyan, and the bone American wanted to pick with that country still had plenty of meat on it. As an employee of LAA, an organization umbilically attached to Libya’s intelligence security service, he could come and go as he pleased. Moreover, as a flight dispatcher, he knew his way around airports, especially Malta’s, and aeroplanes.

But what’s missing is irrefutable evidence to tie him directly to the bombing on PA 103. Unlike other suspects, such as those attached to the PFLP-GC, a violent Palestinian splinter group founded by Ahmed Jibril, Megrahi had no track record as a terrorist, and there is nothing in his CV to link him with other terrorists. He did not know how to make bombs or set them to go off at the right moment. It’s possible that he could have been acting under the orders of Gadaffi and Bashiri but again there is no paper trail to follow or evidence to back this up. (...)

Certainly, Megrahi, who is said to be close to death (as he has been since his release from Greenock Prison in the autumn of 2009) is determined not  to point blame at anyone. All that concerns him, he says, as he waits in life’s departure lounge, is the pursuit of truth and justice. It is up to the readers of this book, he insists, to decide whether he is guilty or innocent. Some, surely, will be persuaded that he is innocent while others will be unable to see how three eminent judges could make such a terrible mistake. Still others may be inclined to opt for a not proven verdict. 

My inclination is to believe that he is an honest and sincere man caught up in a nightmare from which there is no possibility of awakening or ever forgetting what happened to those 270 homeward bound for the holidays.

Saturday, 3 March 2012

Let Megrahi's abandoned appeal be revived to allow new evidence

[This is the headline over a letter from Iain A D Mann in today’s edition of The Herald.  It reads as follows:]

I welcome Justice Minister Kenny MacAskill's assurance to the Holyrood Parliament that the Scottish Government is anxious to publish in full the report of the Scottish Criminal Cases Review Commission (SCCRC) into the Camp Zeist trial of the man convicted of the Lockerbie bombing, Abdelbaset Ali Mohmed al Megrahi and its concerns about the safeness of his conviction ("Let us see reasons for appeal on Megrahi conviction", The Herald, March 1).
It seems ridiculous that, for this to happen, Mr MacAskill has to plead with the UK Justice Minister Kenneth Clark to grant an exemption from the Data Protection Act, because this is deemed to be a reserved matter. The horrific destruction of PanAm flight 103 and the murder of 270 innocent people took place over Scottish soil, the investigation was carried out by Scottish police forces, and the criminal trial took place in a Scottish court before Scottish judges. As a former barrister himself, Mr Clark should seek to uphold the law and not shelter behind legislation to prevent vital evidence being published.
If there have been underhand deals made by UK Foreign Office, failure by the Metropolitan Police to disclose details of their investigation into a serious break-in at Heathrow, bribery of witnesses by US security departments, or flawed forensic evidence, these matters need to be exposed, not covered up.
However, the most important part of Mr MacAskill's Holyrood statement was his assertion that there is a mechanism by which Megrahi's abandoned second appeal could be revived, even posthumously. Mr MacAskill was adamant that either SCCRC or Megrahi's family were entitled to ask the High Court to resurrect the appeal, and that the court has the power to do so.
As far as I know, this is the first time this has been officially stated. In view of recent revelations and widespread public concern, it is difficult to believe that the High Court would deny such a request. The revived appeal would allow the new evidence, and also the critical information previously withheld from the defence, to be given in open court and tested under oath.
[Megrahi's abandoned appeal cannot be revived. There is no legal mechanism for this to happen. What could happen, and what Kenny MacAskill was referring to in his parliamentary statement, is a further application to the Scottish Criminal Cases Review Commission. But what Mr MacAskill signally failed to mention is  that legislation that he himself promoted (section 7 of the Criminal Procedure (Legal Assistance, Detention and Appeals)(Scotland) Act 2010 -- the "Cadder Act") places significant new hurdles in the path of any such application. Before granting any such application the SCCRC must be satisfied that an appeal is in the interests of justice and specifically now "must have regard to the need for finality and certainty in the determination of criminal proceedings". And even if the SCCRC grants the application, under the Cadder Act the High Court can refuse to hear the appeal if it believes that it is not in the interests of justice that any appeal arising from the reference should proceed. In determining this matter the High Court is directed that it "must have regard to the need for finality and certainty in the determination of criminal proceedings".
Accordingly, contrary to the impression that Mr MacAskill sought to create in the Scottish Parliament, a further appeal by members of Mr Megrahi's family (or by relatives of Lockerbie victims such as Dr Jim Swire) is not something that can be readily and easily brought about.  Kenny MacAskill's intervention is, in my view, nothing more than a transparent diversionary tactic designed to give the Scottish Government the perfect excuse to do nothing about the scandal of the Megrahi conviction. We must not allow the tactic to succeed.]

Friday, 2 March 2012

Megrahi - What Have The Scottish Government To Fear?

[This is the heading over an item posted today on the magnificent SubRosa blog. It reads as follows:]

Along with others, I can't understand the Scottish Government's insistence that the Megrahi conviction was sound. Nor can I understand why the Scottish Government's need for primary legislation to finally allow the publication of the Scottish Criminal Cases Review Commission's report on the Megrahi case when, according to Robert Forrester, the secretary for Justice for Megrahi, says that all that is required is 'to utilise the simple, relatively cheap, quick and effective expedient of an amending statutory instrument to remove the consent requirement in the 2009 statutory instrument'. source

The publication of semi-autobiographical book Megrahi: You Are My Jury, by author John Ashton, has returned the issue to the front pages once again.

Dr Jim Swire has, once more, felt compelled to plead his case against Megrahi's conviction and this week eloquently explained the evidence not provided to the defence before or even during the trial. Mr Forrester claims that the new legislation is so circumscribed by caveats and provisos that it will simply maintain the status quo whereby, under certain circumstances, providers of evidence to the SCCRC will still be in a position to block the publication of the document whilst it contains information which such persons have supplied to the SCCRC.

Kenneth Roy has broken the habit of a lifetime and joined something - the Justice for Megrahi Committee.  I'm not suggesting for one minute that Kenneth Roy's involvement will accelerate the Committee's progress, but it is another highly respected Scottish voice and the more the merrier.

What have the Scottish Government to fear about the SCCRC report? We now know that, although Megrahi withdrew his appeal,
 it would be possible for a posthumous one to be sought. 

Arguments over the power to hold an inquiry should be resolved in the public interest, but despite the Scottish Government's assertion that it would be willing to co-operate in a joint inquiry, the suspicion lingers that there is little enthusiasm for a process that could cast the Scottish judicial system in a poor light.  That may be so but it doesn't serve the interests of justice, the victims' families or the population of Scotland.

As 
I opined over a year ago, if the SNP plucked up some courage and forced the UK government to open an inquiry, it would be a very worthy and long-remembered legacy.

Where stand wisdom, justice, compassion and integrity in case of Megrahi?

[This is the headline over two letters published in today’s edition of The Herald.  They read as follows:]

The mace in the Scottish Parliament is inscribed with the four words: "Wisdom, Justice, Compassion, Integrity".
Sadly none of these most worthy aspirations has been conspicuous in the Scottish Government's inaction over the Lockerbie problem ("MacAskill denies urging Megrahi to drop his appeal" & "Let us see reasons for appeal on Megrahi conviction", The Herald, March 1).
Where is the wisdom in simply refusing to acknowledge the body of evidence suggesting the Megrahi conviction may have been unsafe?
How is justice for the victims served by failing to pursue the truth? Where is the compassion for the bereaved relatives?
And if there is fear of reputational damage to the Scottish justice system, would it not show more integrity to have the courage to face this possibility honestly and then, if necessary, put it right?
Arguably, Lockerbie is the litmus test of whether this Government has the character the Scottish people aspire to in the four words on the mace.
With the world watching, it may also be the test that determines whether Scotland has the confidence to stand proud as an independent nation.
Michael Warren

With reference to Dr Jim Swire's letter, I have long believed that the argument involving Malta was a red herring (February 29). As someone who has had considerable experience in overseas sales management and exporting goods, the logistics of sending the device from Malta to Frankfurt did not appear to make sense. There would have been too many difficulties and obstacles in the transfers, plus the risk of flight delays.
As a frequent business traveller to Germany in the 1980s, with an office in Dortmund, I used Frankfurt airport regularly and was impressed by the extremely tight baggage security imposed at Frankfurt-am-Main.
I believe the fateful flight which took on US citizens at Frankfurt and Heathrow was cynically chosen by the perpetrators partly because embarkation from two major airports would make the origin of the device extremely difficult to trace.
Sometimes, I understand, the flight involved two planes with the larger 747 starting at Heathrow. I used the flight to Heathrow a few years before and we were considerably delayed while Pan Am officials decided which plane to use.
I believe the destruction of the plane was an eye-for-an-eye action of vengeance for the shooting down by the USS Vincennes of the civil airliner [Iran Air flight 655] en route from Teheran to Riyadh [on 3 July] 1988. There were warnings reported in the press that there would be bloodshed in the skies. It was also reported in December 1988 that US organisations in Europe were recommending to staff flying home for Christmas that they should use a non-US company.
I have always believed, simply from a logistical point of view, that Malta was a "non-starter", which now appears to have been confirmed by the revelations as outlined by Dr Swire.
Alex Turpie


[A letter in today's edition of The Scotsman reads as follows:]


Kenny MacAskill says he didn’t urge the only man convicted of the Lockerbie bombing to drop his appeal to smooth the way for his compassionate release, while Abdelbaset al-Megrahi suggests otherwise (…) They can’t both be right.
Bearing in mind that one of them is a dying man wrongly convicted of mass murder and the other is a respected Scottish politician and upstanding member of the legal profession which secured his conviction, I know who I believe!
John Eoin Douglas