[What follows is excerpted from a report published today on the website of the Edinburgh Evening News:]
Heartfelt tributes have been paid to one of the Capital’s “outstanding” police officers.
Former Detective Chief Superintendent Stuart Henderson MBE headed up the Lockerbie investigation and helped bring some of Scotland’s most notorious killers to justice.
He died, aged 78, after an illness on January 31 with a funeral at Warriston Crematorium later this month.
Former Lothian and Borders Police deputy chief constable Tom Wood rose through the ranks under DCS Henderson.
The pair worked in CID together and the major investigations unit for 20 years – helping bring killers Robert Black and Angus Sinclair to justice.
“Stuart was a friend of mine and we worked together for many years. He was an outstanding man with unbounded enthusiasm,” said Mr Wood. (...)
“He was committed to the job, most latterly as senior investigating officer of Lockerbie. It was an enormous job and would’ve crushed most men – but not Stuart. I was very, very sad to hear of his death at a relatively young age. He was super physically fit – an incredible character.
“He did nothing in half measures. Everything he did was 100 per cent, that’s the kind of guy he was and everybody who worked with him would recognise that.
“He was one of the outstanding police officers of his generation and a first class detective.”
Police Scotland Chief Constable Iain Livingstone last night praised Mr Henderson for remaining close to families affected by Lockerbie.
Mr Livingstone said: “He performed his public service with skill and commitment and will be sorely missed.”
[Stuart Henderson's name has featured frequently on this blog. His conduct as Lockerbie SIO, and especially his Lockerbie-related interventions in the years following, have been subjected here to strong and, I would contend, entirely justified, criticism.
What follows is excerpted from the obituary of Mr Henderson that appeared in The Scotsman on 13 February 2019:]
Henderson went on (...) to forge a career in CID that ultimately saw him take charge of the biggest mass murder inquiry in Scottish criminal history – the bombing of Pan Am flight 103 over Lockerbie in December 1988.
On the night of December 21, 1988 he was the most senior Lothian and Borders police officer on duty in Edinburgh and went immediately to the site of the Lockerbie disaster, likening it to a war zone.
For two years he was deputy senior investigating officer for Strathclyde Police’s John Orr on the case which involved the murders of 259 passengers and crew on the plane and 11 residents on the ground. Then, in 1990, when John Orr became deputy chief constable of Dumfries and Galloway, he took complete charge of the hunt for the culprits – a role that completely dominated the latter years of his police career and saw him visit 47 countries.
By now a detective chief superintendent, he worked closely with the FBI agent Richard Marquise, who was in charge of the United States’ task force. Henderson’s work earned him the MBE in the New Years honours of 1992 and he retired that same year after delivering a report to the Procurator Fiscal naming two men allegedly involved in the bombing, Abdelbaset al-Megrahi and Al-amin Khalifa Fhimah.
The latter was acquitted after a trial in the Netherlands but Megrahi was convicted in 2001. In 2009, suffering from cancer, he was released from jail in Scotland on compassionate grounds, a move Henderson vehemently opposed. Both he and Marquise wrote to the then Justice Secretary Kenny MacAskill, urging him not to release the convicted mass murderer.
Henderson, who had marked the 10th and 25th anniversaries of the tragedy at Arlington National Cemetery in Virginia where there is a red sandstone Lockerbie cairn memorial, felt it was a naive move and rejected any suggestion Megrahi had been framed as an insult to the police.
Showing posts sorted by relevance for query "Stuart Henderson". Sort by date Show all posts
Showing posts sorted by relevance for query "Stuart Henderson". Sort by date Show all posts
Saturday 9 February 2019
Tuesday 17 November 2009
Fragments of truth
[This is the heading over an article in the current issue of the magazine Scottish Left Review by Mark Hirst, Parliamentary Adviser to Christine Grahame MSP. The full article can (and should) be read here. The following are excerpts.]
Earlier this year I met with the man convicted of the worst terrorist atrocity in British history. Now back in Libya to await a verdict from a ‘higher court’, terminally ill Abdelbaset al Megrahi steadfastly maintains his innocence in the murder of 270 people over Lockerbie in December 1988. Many professionals involved in the case including US intelligence officers, legal experts and police investigators also share his view, in spite of the concerted propaganda efforts by vested interests in the Crown Office, FBI and US Justice and State Departments. Yet for reasons still to be fully explained by Megrahi, his Defence or the Scottish Government, in August this year he dropped his second appeal and a week later Scottish Justice Secretary Kenny MacAskill released him on compassionate grounds. That decision resulted in a hysterical reaction from representatives of some of the US relatives and somewhat half-hearted condemnatory slogans from the Obama led US Government.
Megrahi was not required to drop his appeal in order to qualify for compassionate release. He subsequently claimed in a newspaper interview after his return to Libya that no pressure was placed on him to do so. So why did he? When I, along with MSP Christine Grahame, met with him his focus had been very much on the detail of the case and the new evidence that would be led during his second appeal. But he made it clear that his priorities had changed since discovering he was terminally ill last year. His over-riding objective was to return to Libya and to see his family before he died. He understood fully why some, mostly UK victim’s relatives, were keen to see the appeal continue, but told us it would not take them any closer to the truth and who was ultimately responsible for the deaths of their relatives.
Megrahi literally was running out of time and was deeply concerned that he would, as he put it very directly, return to Libya in a wooden box in the hold of a cargo plane. I believe he was genuinely supportive of the need of relatives of victims to get to the ‘truth’, but those efforts were not going to bring him any closer to his family in Libya before he died. His faith in Scottish justice and the legal process he had been subjected to was understandably low. “If they have a brave judge who looks and says ‘good or bad’, ‘yes or no’, but I doubt that the chair of the judges, who chairs all the other judges in Scotland, will turn around and say that all the other judges [at the trial and the first appeal] before got it wrong.” Megrahi said, before adding, “They will want to show, to keep the integrity of the system, that they don’t care if they have to keep an innocent man in prison to do that.”
The integrity in the Scottish legal system, whether it deserves it or not, is right at the heart of this issue, because that is what is at stake if the complete truth behind this case emerges and that is why very prominent vested interests are even now working hard to close the case down. The latest spurious police investigation being just one example that will ensure no independent inquiry takes place any time soon. (…)
The message to Megrahi, whether made explicitly or not, appears to have persuaded him to drop his 18-year fight to clear his name. That view was confirmed when his defence counsel Maggie Scott QC addressed the High Court in August to confirm Megrahi was indeed dropping his appeal. Scott stated that her client believed that this action would “assist in the early determination of those applications”. Applications, plural. The link was made explicitly. Ultimately Megrahi was led to believe by vested interests in our own legal establishment that his only chance of returning home was by dropping his second appeal and to leave his family name forever associated with the bombing of Pan Am 103. That outcome is a scandal that will haunt the Scottish legal system in particular, for decades to come.
So was there a conspiracy? Perhaps, but there certainly has been a cover-up which is very much ongoing. A cover-up of the weakness of the evidence, the weakness of the criminal investigation and a cover-up of the shameful conclusions reached by three Scottish judges at the trial. (…)
Earlier this year Dutch filmmaker Gideon Levy completed an award-winning documentary, still to be shown in the UK, that proves that the then-Lord Advocate, Lord Fraser of [Carmyllie] was unaware that the crucial fragment used to link Libya to the attack went to the United States FBI lab for examination. It now transpires it also went to West Germany, although despite recent Crown Office claims that movement was not explicitly made during the trial. Levy’s film includes interviews with the chief prosecutor in the case, Lord Fraser, the FBI’s Senior Investigating Officer Richard Marquise and Robert Baer who for 30 years worked in the Middle East Directorate of the CIA and was a senior US intelligence operative. What emerges during the course of Levy’s film is the staggering revelation that this crucial evidence was not properly secured by Scottish police and should never have gone to the US. The importance of this piece of evidence cannot be [overstated]. Marquise states that without the fragment, known as PT-35, there would have been no indictment, let along conviction of Megrahi.
Lord Fraser, who brought the original indictments against Megrahi is then asked if he was aware that PT-35 had ever been to the US. “Not to my knowledge... I would not have permitted this as it was important evidence that could have been lost in transit, or tampered with or lost,” He is then shown the interview with Marquise, who confirms the fragment did go to the US before the trial. Fraser responds; “Well this is all news to me”. Later in the film Levy challenges Marquise to clarify whether PT-35 was taken to the US without the knowledge of the Lord Advocate. Standing next to him is retired Detective Chief Superintendent Stuart Henderson, the senior Scottish investigating officer in the case. Marquise initially seems confused over whether PT-35 was taken to Washington, contradicting his earlier on-camera interview, before Henderson interrupts and states categorically that the fragment was never in the US. “It was too important to be waved around”, Henderson states. “It was never in the US, it was never out of Scottish control. They [The FBI] came to the UK to see it, but it was never in the US.” After filming Marquise emailed Levy to “clarify” and confirm that PT-35 was indeed in the US and apologised for the earlier confusion. It is clear that if Marquise did not understand the significance of PT-35s foreign movements then Stuart Henderson clearly did.
What has not yet been made public, until now, is that Stuart Henderson states in his precognition statement that he gave to the Crown, ahead of Megrahi’s second appeal, that the fragment, PT-35 definitely did go the US. Henderson states that on the 22nd of June 1990 he travelled to the US with the fragment accompanied by Chief Inspector McLean, DI Williamson and Alan Feraday of RARDE, the forensic explosives laboratory in Kent. According to Henderson’s statement to the Crown they met with Metropolitan Field Officers of the FBI and Thomas Thurman, the FBI official who, it is claimed later ‘identified’ the origin of the fragment. Thurman has a degree in political science and has no relevant formal qualifications in electronics or any other scientific field.
I have also seen one of the crucial productions that was to be led during Megrahi’s second appeal which is the official log that accompanied PT-35 and is meant to record each movement of the evidence in order to protect the evidential chain. At each point it is signed for by the relevant police officer. This is an extremely important process and is meant to ensure the chain of evidence is not broken. There is no entry in this log recording that PT-35 ever went to the US, at any point. That has to cast serious doubts over its integrity in light of Henderson’s precognition statement and the confirmation from the FBI’s Dick Marquise that the fragment was in the US prior to the trial.
Earlier this year I met with the man convicted of the worst terrorist atrocity in British history. Now back in Libya to await a verdict from a ‘higher court’, terminally ill Abdelbaset al Megrahi steadfastly maintains his innocence in the murder of 270 people over Lockerbie in December 1988. Many professionals involved in the case including US intelligence officers, legal experts and police investigators also share his view, in spite of the concerted propaganda efforts by vested interests in the Crown Office, FBI and US Justice and State Departments. Yet for reasons still to be fully explained by Megrahi, his Defence or the Scottish Government, in August this year he dropped his second appeal and a week later Scottish Justice Secretary Kenny MacAskill released him on compassionate grounds. That decision resulted in a hysterical reaction from representatives of some of the US relatives and somewhat half-hearted condemnatory slogans from the Obama led US Government.
Megrahi was not required to drop his appeal in order to qualify for compassionate release. He subsequently claimed in a newspaper interview after his return to Libya that no pressure was placed on him to do so. So why did he? When I, along with MSP Christine Grahame, met with him his focus had been very much on the detail of the case and the new evidence that would be led during his second appeal. But he made it clear that his priorities had changed since discovering he was terminally ill last year. His over-riding objective was to return to Libya and to see his family before he died. He understood fully why some, mostly UK victim’s relatives, were keen to see the appeal continue, but told us it would not take them any closer to the truth and who was ultimately responsible for the deaths of their relatives.
Megrahi literally was running out of time and was deeply concerned that he would, as he put it very directly, return to Libya in a wooden box in the hold of a cargo plane. I believe he was genuinely supportive of the need of relatives of victims to get to the ‘truth’, but those efforts were not going to bring him any closer to his family in Libya before he died. His faith in Scottish justice and the legal process he had been subjected to was understandably low. “If they have a brave judge who looks and says ‘good or bad’, ‘yes or no’, but I doubt that the chair of the judges, who chairs all the other judges in Scotland, will turn around and say that all the other judges [at the trial and the first appeal] before got it wrong.” Megrahi said, before adding, “They will want to show, to keep the integrity of the system, that they don’t care if they have to keep an innocent man in prison to do that.”
The integrity in the Scottish legal system, whether it deserves it or not, is right at the heart of this issue, because that is what is at stake if the complete truth behind this case emerges and that is why very prominent vested interests are even now working hard to close the case down. The latest spurious police investigation being just one example that will ensure no independent inquiry takes place any time soon. (…)
The message to Megrahi, whether made explicitly or not, appears to have persuaded him to drop his 18-year fight to clear his name. That view was confirmed when his defence counsel Maggie Scott QC addressed the High Court in August to confirm Megrahi was indeed dropping his appeal. Scott stated that her client believed that this action would “assist in the early determination of those applications”. Applications, plural. The link was made explicitly. Ultimately Megrahi was led to believe by vested interests in our own legal establishment that his only chance of returning home was by dropping his second appeal and to leave his family name forever associated with the bombing of Pan Am 103. That outcome is a scandal that will haunt the Scottish legal system in particular, for decades to come.
So was there a conspiracy? Perhaps, but there certainly has been a cover-up which is very much ongoing. A cover-up of the weakness of the evidence, the weakness of the criminal investigation and a cover-up of the shameful conclusions reached by three Scottish judges at the trial. (…)
Earlier this year Dutch filmmaker Gideon Levy completed an award-winning documentary, still to be shown in the UK, that proves that the then-Lord Advocate, Lord Fraser of [Carmyllie] was unaware that the crucial fragment used to link Libya to the attack went to the United States FBI lab for examination. It now transpires it also went to West Germany, although despite recent Crown Office claims that movement was not explicitly made during the trial. Levy’s film includes interviews with the chief prosecutor in the case, Lord Fraser, the FBI’s Senior Investigating Officer Richard Marquise and Robert Baer who for 30 years worked in the Middle East Directorate of the CIA and was a senior US intelligence operative. What emerges during the course of Levy’s film is the staggering revelation that this crucial evidence was not properly secured by Scottish police and should never have gone to the US. The importance of this piece of evidence cannot be [overstated]. Marquise states that without the fragment, known as PT-35, there would have been no indictment, let along conviction of Megrahi.
Lord Fraser, who brought the original indictments against Megrahi is then asked if he was aware that PT-35 had ever been to the US. “Not to my knowledge... I would not have permitted this as it was important evidence that could have been lost in transit, or tampered with or lost,” He is then shown the interview with Marquise, who confirms the fragment did go to the US before the trial. Fraser responds; “Well this is all news to me”. Later in the film Levy challenges Marquise to clarify whether PT-35 was taken to the US without the knowledge of the Lord Advocate. Standing next to him is retired Detective Chief Superintendent Stuart Henderson, the senior Scottish investigating officer in the case. Marquise initially seems confused over whether PT-35 was taken to Washington, contradicting his earlier on-camera interview, before Henderson interrupts and states categorically that the fragment was never in the US. “It was too important to be waved around”, Henderson states. “It was never in the US, it was never out of Scottish control. They [The FBI] came to the UK to see it, but it was never in the US.” After filming Marquise emailed Levy to “clarify” and confirm that PT-35 was indeed in the US and apologised for the earlier confusion. It is clear that if Marquise did not understand the significance of PT-35s foreign movements then Stuart Henderson clearly did.
What has not yet been made public, until now, is that Stuart Henderson states in his precognition statement that he gave to the Crown, ahead of Megrahi’s second appeal, that the fragment, PT-35 definitely did go the US. Henderson states that on the 22nd of June 1990 he travelled to the US with the fragment accompanied by Chief Inspector McLean, DI Williamson and Alan Feraday of RARDE, the forensic explosives laboratory in Kent. According to Henderson’s statement to the Crown they met with Metropolitan Field Officers of the FBI and Thomas Thurman, the FBI official who, it is claimed later ‘identified’ the origin of the fragment. Thurman has a degree in political science and has no relevant formal qualifications in electronics or any other scientific field.
I have also seen one of the crucial productions that was to be led during Megrahi’s second appeal which is the official log that accompanied PT-35 and is meant to record each movement of the evidence in order to protect the evidential chain. At each point it is signed for by the relevant police officer. This is an extremely important process and is meant to ensure the chain of evidence is not broken. There is no entry in this log recording that PT-35 ever went to the US, at any point. That has to cast serious doubts over its integrity in light of Henderson’s precognition statement and the confirmation from the FBI’s Dick Marquise that the fragment was in the US prior to the trial.
Monday 17 November 2014
His faith in Scottish justice was understandably low
Fragments of truth
[This is the heading over an article in the current issue of the magazine Scottish Left Review by Mark Hirst (...) The full article can (and should) be read here. The following are excerpts.]
Earlier this year I met with the man convicted of the worst terrorist atrocity in British history. Now back in Libya to await a verdict from a ‘higher court’, terminally ill Abdelbaset al Megrahi steadfastly maintains his innocence in the murder of 270 people over Lockerbie in December 1988. Many professionals involved in the case including US intelligence officers, legal experts and police investigators also share his view, in spite of the concerted propaganda efforts by vested interests in the Crown Office, FBI and US Justice and State Departments. Yet for reasons still to be fully explained by Megrahi, his defence or the Scottish Government, in August this year he dropped his second appeal and a week later Scottish Justice Secretary Kenny MacAskill released him on compassionate grounds. That decision resulted in a hysterical reaction from representatives of some of the US relatives and somewhat half-hearted condemnatory slogans from the Obama led US Government.
Megrahi was not required to drop his appeal in order to qualify for compassionate release. He subsequently claimed in a newspaper interview after his return to Libya that no pressure was placed on him to do so. So why did he? When I, along with MSP Christine Grahame, met with him his focus had been very much on the detail of the case and the new evidence that would be led during his second appeal. But he made it clear that his priorities had changed since discovering he was terminally ill last year. His over-riding objective was to return to Libya and to see his family before he died. He understood fully why some, mostly UK victim’s relatives, were keen to see the appeal continue, but told us it would not take them any closer to the truth and who was ultimately responsible for the deaths of their relatives.
Megrahi literally was running out of time and was deeply concerned that he would, as he put it very directly, return to Libya in a wooden box in the hold of a cargo plane. I believe he was genuinely supportive of the need of relatives of victims to get to the ‘truth’, but those efforts were not going to bring him any closer to his family in Libya before he died. His faith in Scottish justice and the legal process he had been subjected to was understandably low. “If they have a brave judge who looks and says ‘good or bad’, ‘yes or no’, but I doubt that the chair of the judges, who chairs all the other judges in Scotland, will turn around and say that all the other judges [at the trial and the first appeal] before got it wrong.” Megrahi said, before adding, “They will want to show, to keep the integrity of the system, that they don’t care if they have to keep an innocent man in prison to do that.”
The integrity in the Scottish legal system, whether it deserves it or not, is right at the heart of this issue, because that is what is at stake if the complete truth behind this case emerges and that is why very prominent vested interests are even now working hard to close the case down. The latest spurious police investigation being just one example that will ensure no independent inquiry takes place any time soon. (…)
The message to Megrahi, whether made explicitly or not, appears to have persuaded him to drop his 18-year fight to clear his name. That view was confirmed when his defence counsel Maggie Scott QC addressed the High Court in August to confirm Megrahi was indeed dropping his appeal. Scott stated that her client believed that this action would “assist in the early determination of those applications”. Applications, plural. The link was made explicitly. Ultimately Megrahi was led to believe by vested interests in our own legal establishment that his only chance of returning home was by dropping his second appeal and to leave his family name forever associated with the bombing of Pan Am 103. That outcome is a scandal that will haunt the Scottish legal system in particular, for decades to come.
So was there a conspiracy? Perhaps, but there certainly has been a cover-up which is very much ongoing. A cover-up of the weakness of the evidence, the weakness of the criminal investigation and a cover-up of the shameful conclusions reached by three Scottish judges at the trial. (…)
Earlier this year Dutch filmmaker Gideon Levy completed an award-winning documentary, still to be shown in the UK, that proves that the then-Lord Advocate, Lord Fraser of [Carmyllie] was unaware that the crucial fragment used to link Libya to the attack went to the United States FBI lab for examination. It now transpires it also went to West Germany, although despite recent Crown Office claims that movement was not explicitly made during the trial. Levy’s film includes interviews with the chief prosecutor in the case, Lord Fraser, the FBI’s Senior Investigating Officer Richard Marquise and Robert Baer who for 30 years worked in the Middle East Directorate of the CIA and was a senior US intelligence operative. What emerges during the course of Levy’s film is the staggering revelation that this crucial evidence was not properly secured by Scottish police and should never have gone to the US. The importance of this piece of evidence cannot be [overstated]. Marquise states that without the fragment, known as PT-35, there would have been no indictment, let along conviction of Megrahi.
Lord Fraser, who brought the original indictments against Megrahi is then asked if he was aware that PT-35 had ever been to the US. “Not to my knowledge... I would not have permitted this as it was important evidence that could have been lost in transit, or tampered with or lost,” He is then shown the interview with Marquise, who confirms the fragment did go to the US before the trial. Fraser responds; “Well this is all news to me”. Later in the film Levy challenges Marquise to clarify whether PT-35 was taken to the US without the knowledge of the Lord Advocate. Standing next to him is retired Detective Chief Superintendent Stuart Henderson, the senior Scottish investigating officer in the case. Marquise initially seems confused over whether PT-35 was taken to Washington, contradicting his earlier on-camera interview, before Henderson interrupts and states categorically that the fragment was never in the US. “It was too important to be waved around”, Henderson states. “It was never in the US, it was never out of Scottish control. They [The FBI] came to the UK to see it, but it was never in the US.” After filming Marquise emailed Levy to “clarify” and confirm that PT-35 was indeed in the US and apologised for the earlier confusion. It is clear that if Marquise did not understand the significance of PT-35s foreign movements then Stuart Henderson clearly did.
What has not yet been made public, until now, is that Stuart Henderson states in his precognition statement that he gave to the Crown, ahead of Megrahi’s second appeal, that the fragment, PT-35 definitely did go the US. Henderson states that on the 22nd of June 1990 he travelled to the US with the fragment accompanied by Chief Inspector McLean, DI Williamson and Alan Feraday of RARDE, the forensic explosives laboratory in Kent. According to Henderson’s statement to the Crown they met with Metropolitan Field Officers of the FBI and Thomas Thurman, the FBI official who, it is claimed later ‘identified’ the origin of the fragment. Thurman has a degree in political science and has no relevant formal qualifications in electronics or any other scientific field.
I have also seen one of the crucial productions that was to be led during Megrahi’s second appeal which is the official log that accompanied PT-35 and is meant to record each movement of the evidence in order to protect the evidential chain. At each point it is signed for by the relevant police officer. This is an extremely important process and is meant to ensure the chain of evidence is not broken. There is no entry in this log recording that PT-35 ever went to the US, at any point. That has to cast serious doubts over its integrity in light of Henderson’s precognition statement and the confirmation from the FBI’s Dick Marquise that the fragment was in the US prior to the trial.
Monday 24 August 2009
Lockerbie detective: MacAskill was naive
In a dramatic intervention ahead of the justice secretary's statement to the Scottish Parliament today, Stuart Henderson – the retired senior investigating officer at the Lockerbie Incident Control Centre – also said Libya's jubilant celebrations on Thursday following the return of Abdelbaset Ali Mohmed al-Megrahi, who has terminal cancer, had "rubbed salt into the wounds" of the victims' families.
Mr Henderson, a former detective chief superintendent with Lothian and Borders Police, who was brought in to lead the investigation, said: "It was a very unfortunate mistake to make. It should not have been handled that way and I feel sorry for Mr MacAskill's naivety about what has happened.
"We all knew he [Megrahi] would get a hero's welcome when he went back.
"It was distressing to see the Saltires being waved, that was really rubbing salt into the wounds, but that is the Libyans for you. That is how they operate. Gordon Brown should have known this would happen."
Mr Henderson spent four years leading the investigation, which took him to 47 countries. He retired in 1992 after handing over a report to the procurator-fiscal naming Megrahi and Al-Amin Khalifa Fhimah, who was later acquitted. Mr Henderson, 69, and Richard Marquise, the FBI special agent in charge of the US task force, had written to Mr MacAskill urging him not to release Megrahi.
Yesterday Mr Henderson said: "I think the only possible thing was to consider the grief caused to the families involved and to think of the lives of the 270 victims first before thinking about the criminal, who is now unwell."
Conspiracy theorists who insist Megrahi was innocent and that evidence was tampered with "make my blood boil", Mr Henderson said.
"It is an insult to our police officers. It's an insult to the Americans, to the Germans, to the Swiss and the Maltese officers.
"We visited 47 countries in the course of this investigation. We had officers working for four years. People think there is some doubt and they want to know who was behind it and who sponsored it?
"Up until now we have not been able to speak because there was an ongoing appeal and even if you are a retired officer it is not your place. But I would hope now that people will listen. We have nothing to hide. It has been very frustrating listening to all this nonsense.
"As a police officer you don't take sides, you follow the evidence and report what you find and if you don't find enough evidence then you report that. Let's be clear. He was convicted and then he was convicted again after an appeal.
"Are we saying eight Scottish high court judges don't know what they are talking about?"
He was supported yesterday by John Crawford, a fellow detective, who said: "I think the compassion angle was all wrong. It was inevitable that people would use it against the decision he made as it was so obvious that Megrahi did not show one jot of compassion when he cold bloodedly went about his business of killing 270 innocent people."
[The above are excerpts from a report in today's edition of The Scotsman.
It is par for the course for anyone who dares to challenge the official explanation of Lockerbie to be dismissed as a conspiracy theorist by those, like Mr Henderson, who have a vested interest in upholding the official version. I am used to it. But what is noteworthy is that such people never mention the Scottish Criminal Cases Review Commission and its six grounds for holding that Mr Megrahi's conviction might have been a miscarriage of justice. One of those grounds was that, on an issue absolutely central to the Zeist court's guilty verdict (the date of purchase in Malta of the clothes that surrounded the bomb) no reasonable court could have reached the view on the evidence led that it was the date on which Megrahi was on the island.
It is also annoying that responsible journalists let people like Mr Henderson get away with statements like "He was convicted and then he was convicted again after an appeal. Are we saying eight Scottish high court judges don't know what they are talking about?"
These journalists know, because they read this blog, that the reference to eight judges convicting Megrahi is false. Here, as I am weary of saying, is the true position:
The five judges in Megrhi's first appeal stated in paragraph 369 of their Opinion:
“When opening the case for the appellant before this court Mr Taylor [senior counsel for Megrahi] stated that the appeal was not about sufficiency of evidence: he accepted that there was a sufficiency of evidence. He also stated that he was not seeking to found on section 106(3)(b) of the 1995 Act [verdict unreasonable on the evidence]. His position was that the trial court had misdirected itself in various respects. Accordingly in this appeal we have not required to consider whether the evidence before the trial court, apart from the evidence which it rejected, was sufficient as a matter of law to entitle it to convict the appellant on the basis set out in its judgment. We have not had to consider whether the verdict of guilty was one which no reasonable trial court, properly directing itself, could have returned in the light of that evidence.”
The factual position, as I have written elsewhere, is this:
"As far as the outcome of the appeal is concerned, some commentators have confidently opined that, in dismissing Megrahi’s appeal, the Appeal Court endorsed the findings of the trial court. This is not so. The Appeal Court repeatedly stresses that it is not its function to approve or disapprove of the trial court’s findings-in-fact, given that it was not contended on behalf of the appellant that there was insufficient evidence to warrant them or that no reasonable court could have made them. These findings-in-fact accordingly continue, as before the appeal, to have the authority only of the court which, and the three judges who, made them."]
Mr Henderson, a former detective chief superintendent with Lothian and Borders Police, who was brought in to lead the investigation, said: "It was a very unfortunate mistake to make. It should not have been handled that way and I feel sorry for Mr MacAskill's naivety about what has happened.
"We all knew he [Megrahi] would get a hero's welcome when he went back.
"It was distressing to see the Saltires being waved, that was really rubbing salt into the wounds, but that is the Libyans for you. That is how they operate. Gordon Brown should have known this would happen."
Mr Henderson spent four years leading the investigation, which took him to 47 countries. He retired in 1992 after handing over a report to the procurator-fiscal naming Megrahi and Al-Amin Khalifa Fhimah, who was later acquitted. Mr Henderson, 69, and Richard Marquise, the FBI special agent in charge of the US task force, had written to Mr MacAskill urging him not to release Megrahi.
Yesterday Mr Henderson said: "I think the only possible thing was to consider the grief caused to the families involved and to think of the lives of the 270 victims first before thinking about the criminal, who is now unwell."
Conspiracy theorists who insist Megrahi was innocent and that evidence was tampered with "make my blood boil", Mr Henderson said.
"It is an insult to our police officers. It's an insult to the Americans, to the Germans, to the Swiss and the Maltese officers.
"We visited 47 countries in the course of this investigation. We had officers working for four years. People think there is some doubt and they want to know who was behind it and who sponsored it?
"Up until now we have not been able to speak because there was an ongoing appeal and even if you are a retired officer it is not your place. But I would hope now that people will listen. We have nothing to hide. It has been very frustrating listening to all this nonsense.
"As a police officer you don't take sides, you follow the evidence and report what you find and if you don't find enough evidence then you report that. Let's be clear. He was convicted and then he was convicted again after an appeal.
"Are we saying eight Scottish high court judges don't know what they are talking about?"
He was supported yesterday by John Crawford, a fellow detective, who said: "I think the compassion angle was all wrong. It was inevitable that people would use it against the decision he made as it was so obvious that Megrahi did not show one jot of compassion when he cold bloodedly went about his business of killing 270 innocent people."
[The above are excerpts from a report in today's edition of The Scotsman.
It is par for the course for anyone who dares to challenge the official explanation of Lockerbie to be dismissed as a conspiracy theorist by those, like Mr Henderson, who have a vested interest in upholding the official version. I am used to it. But what is noteworthy is that such people never mention the Scottish Criminal Cases Review Commission and its six grounds for holding that Mr Megrahi's conviction might have been a miscarriage of justice. One of those grounds was that, on an issue absolutely central to the Zeist court's guilty verdict (the date of purchase in Malta of the clothes that surrounded the bomb) no reasonable court could have reached the view on the evidence led that it was the date on which Megrahi was on the island.
It is also annoying that responsible journalists let people like Mr Henderson get away with statements like "He was convicted and then he was convicted again after an appeal. Are we saying eight Scottish high court judges don't know what they are talking about?"
These journalists know, because they read this blog, that the reference to eight judges convicting Megrahi is false. Here, as I am weary of saying, is the true position:
The five judges in Megrhi's first appeal stated in paragraph 369 of their Opinion:
“When opening the case for the appellant before this court Mr Taylor [senior counsel for Megrahi] stated that the appeal was not about sufficiency of evidence: he accepted that there was a sufficiency of evidence. He also stated that he was not seeking to found on section 106(3)(b) of the 1995 Act [verdict unreasonable on the evidence]. His position was that the trial court had misdirected itself in various respects. Accordingly in this appeal we have not required to consider whether the evidence before the trial court, apart from the evidence which it rejected, was sufficient as a matter of law to entitle it to convict the appellant on the basis set out in its judgment. We have not had to consider whether the verdict of guilty was one which no reasonable trial court, properly directing itself, could have returned in the light of that evidence.”
The factual position, as I have written elsewhere, is this:
"As far as the outcome of the appeal is concerned, some commentators have confidently opined that, in dismissing Megrahi’s appeal, the Appeal Court endorsed the findings of the trial court. This is not so. The Appeal Court repeatedly stresses that it is not its function to approve or disapprove of the trial court’s findings-in-fact, given that it was not contended on behalf of the appellant that there was insufficient evidence to warrant them or that no reasonable court could have made them. These findings-in-fact accordingly continue, as before the appeal, to have the authority only of the court which, and the three judges who, made them."]
Monday 15 June 2015
Tom Thurman "identifies" the dodgy timer fragment
[It was on this date twenty-five years ago that the FBI’s James ‘Tom’ Thurman, so he says, identified the fragment of circuit board PT/35b as coming from a MST-13 timer manufactured by the Swiss company MEBO. The circumstances are narrated in chapter 4 of John Ashton’s Megrahi: You are my Jury, especially at pages 62 to 66. The account that follows is taken from a long article entitled Thurman’s Photo Quest on Caustic Logic’s blog The Lockerbie Divide:]
What we have in Thurman's case, with or without the actual piece of evidence, was the crucial identification. And one point that's consistent throughout is that he held a photo only when he found the match. The question at hand is how long it took him to find it and to determine its meaning vis-a-vis who carried out the bombing.
Tom Gets a Green Light
On the 10th of January 1990 new Senior Investigating Officer Stuart Henderson (who replaced John Orr) presented at a meeting of investigators in the UK. He did not openly mention the circuit board fragment PT/35(b), an amazing find UK investigators had been puzzling over for four months. But off to the side, he told FBI chief investigator Richard Marquise about it, Marquise says in his 2006 book SCOTBOM. [p58] He expressed interest in helping find a match, but Henderson insisted on going it alone. “This decision cost us six months,” writes Marquise.
It was at a later conference in Virginia, on 11 June, when Marquise relates how the Scots finally made their puzzlement known to all, having blindly checked 55 companies to no avail. Given the opening, special Agent Thurman “approached Henderson and asked if he could take photographs of PT-35 and attempt to identify it. Henderson, who believed the Scots had done all they could do, agreed.” [p60] This passage is (...) rather ambiguous. It seems to read that Thurman, in Arlington, was allowed to snap a pic of evidence SIO Henderson had there with him. Then perhaps it means he took some of the prints they had brought.
Either way, he walked away with a picture or pictures of this crucial and curious evidence, a half-inch square, perfectly readable, mammoth of implausibility. The "forensic explosives expert" didn't balk at it, just ran with it. Or crawled, as he suggests.
"Months, Literally" or 2-4 Days?
A 1991 Miami Herald article, based on interview with Thurman, reported that he had “meticulously compared the picture of the fragment to hundreds of other devices,” a lengthy-sounding process. Affirming this, Thurman himself told the adoring program Air Crash Investigation in 2008:
“I spent, uh, months, literally, looking through all about the files of the FBI on other examinations that we had, uh, conducted over many many many years. […] After a period I just ran out of leads. And at that point I said, okay now we need to go outside the physical FBI laboratory.”
And it was there, in a CIA facility, that he found the long-sought answer.
But Marquise said “what Thurman did yielded fruit within two days.[…] Henderson and his colleagues were on an airplane headed back to Scotland” when Thurman set to work. They had barely settled back in at home before his efforts “would turn Henderson around quicker than he ever imagined,” putting him back stateside, along with electronics fiend Alan Feraday, within 24 hours of the discovery. [p60]
Further evidence against Thurman’s "months" claim is his own well-memorized “day that I made the identification,” recalling it as one would a wedding anniversary: June 15 1990. He had four days tops to get this grueling season of cross-checking out of the way after the 11 June conference (perhaps a multi-day event) where Marquise has him first learning of the thing.
Who He Ran To
What Thurman did, Marquise sums up, is know where to look. He took the photo to a CIA explosives and timers expert code-named John Scott Orkin (real name unknown - he testified under this name at Camp Zeist). [p60] Thurman mentions him only as an unnamed "contact" in the 2008 ACI interview. From the vast photo files on hand, "Orkin" helped locate an obvious fit with the blow-up of PT/35(b). If you were Tom Thurman and knew about John Orkin, would you waste even one afternoon scrounging in the FBI's files, or go right to him?
Nothing I've seen specifies this match-up was achieved in only one visit on a single day, but that makes the most sense, as does starting right there. That would give us no more than "hours, literally" to describe the search duration. And either way we're at the point of days at most.
The matching circuit board was found in a timer confiscated in the African nation Togo in 1986. This device, assembled in a small plastic case, was physically available for Thurman to look at. He was given permission to take it apart and examine the main board inside. Upon confirming again the obvious similarities, “within a few minutes, literally, I started getting cold chills,” he told Air Crash Investigation. He's also described as declaring "I have you now!" [p60] and other variations. In a 2010 interview, he said "I could not believe it under any circumstances, and it was there."
That he got these chills only after getting access to the CIA’s special stores is noteworthy, and the Agency is right to claim much of the credit, as they have in places. An AFIO newsletter from just after the Zeist verdict purred that “the CIA’s most important contribution in helping secure the conviction” was “when a CIA engineer was able to identify the timer […] shifting the focus of the probe from a Palestinian terrorist group to Libya.” (This report's oblique reference to the CIA's less brilliant offering, Giaka, is also worth a read.)
As the overall story tells it, this was clearly a collaborative CIA-FBI effort, via Thurman and "Orkin", that neither side can claim sole credit for. And without this coming together, we're to infer, the naming of this planted piece of Libyan black magic would be delayed or impossible for both Scottish and American investigators. The power of cooperation, between intelligence and law enforcement, and across the Atlantic - a running theme of the 103 investigation - is nicely illustrated here.
[Dr Ludwig de Braeckeleer is currently engaged on his PT35B blog in a meticulous exploration of all the evidence about the identification of this fragment.]
Tuesday 20 October 2009
Key Lockerbie evidence "unsafe" claims MSP
[What follows is the text of a press release and note to editors from Christine Grahame MSP.]
Scottish police investigators did not make the key piece of evidential material used to convict Abdelbaset al Megrahi, the man convicted of the Lockerbie bombing, secure an SNP MSP has claimed. Christine Grahame MSP has said the Crown Office has now confirmed to her that the fragment was taken to Germany and then to the US by Scottish investigating officers without the knowledge of the Defence team and more crucially the then Lord Advocate, Lord Fraser of [Carmyllie], the senior prosecutor at the time of the investigation.
In an interview for Dutch TV yet to be shown on UK television Lord Fraser was asked if the fragment, known as PT-35 (alleged to be part of the bomb’s timer) had always remained in the UK. Lord Fraser responded:
“As far as I’m aware it’s always been in the UK.”
Asked if it had ever been to the United States, Lord Fraser responds:
“Not that I’m aware of,” adding that he would have known if it had left the UK, telling Dutch reporters: “What would have gone through my mind is, I’m not accusing the FBI or anything… [but] could this evidence get lost, or damaged or tampered with? No, no I would want to keep everything so that there can be no accusations at a trial that in some way [the fragment] has been fiddled with.”
Now SNP MSP Christine Grahame has confirmed that the same fragment also went to Germany two months before being sent across the Atlantic to Washington without, it seems, the knowledge of the Lord Advocate and the Crown Office. Ms Grahame herself a former lawyer, also claims Scottish police investigators did not record the fragment’s transportation across the world and in doing so broke the vital chain of evidence undermining the integrity of the fragment. She said:
“The Crown Office have confirmed to me that the fragment, PT-35, the piece of evidence that it was claimed by prosecutors linked Libya to the attack was also sent to Germany in April 1990 as well as the US.
“On the 22nd of June 1990 it was then taken to the FBI lab in Washington for examination by FBI officials there. Lord Fraser makes it clear he did not know and would not have allowed this evidence to be taken out of Scottish jurisdiction and control, but that is precisely what did happen. That leaves a very serious question mark over the central piece of evidence used to convict Mr Megrahi."
The senior Scottish police investigator involved in the case, retired Detective Chief Superintendent Stuart Henderson told Dutch journalists last December,
“We couldn’t afford to let something like that go. It has never been in their [US] control at all. It couldn’t be, because it was such an important point of evidence it wasn’t possible to release it. It had to be contained to be produced at the court therefore you couldn’t afford to have it waved around for everyone to see it because it could have got interfered with.”
“But that is precisely what appears to have happened,” Ms Grahame said and separately confirmed she has seen additional documents yet to be made public that showed DCS Henderson had told Crown prosecution officials in a formal legal statement that the fragment had indeed been to the US. Ms Grahame added:
“I am not sure why DCS Henderson’s statements made separately to Dutch TV and to the Crown Office contradict each other so starkly. That is a matter for Mr Henderson to explain. Either this fragment was in the US or it was not.
“I am deeply concerned that during the investigation and indeed leading all the way up to the Trial that neither the Crown nor Megrahi’s Defence were ever made aware that this crucial piece of evidence was being ‘waved around for everyone to see’ as DCS Henderson put it.
“Questions also need to be answered about the associated evidence log that was meant to accompany PT-35. It mysteriously does not record that the fragment went to the US or Germany, even though the Crown Office has confirmed in writing that it definitely went to Germany."
Note to editors:
The Crown Office responding to a Freedom of Information request from Ms Grahame stated:
“PT 35 was taken to the Siemens company in Munich, Germany in April 1990 by Scottish police officers.”
Now retired FBI Senior Investigating Officer Richard Marquise confirmed to Ms Grahame’s office last week that, “PT-35, the actual fragment, came to the US one time, in June 1990 in the possession of a Scottish police officer and Feraday (Alan Feraday of the UK forensic explosives laboratory, RARDE).”
DCS Henderson, the Senior Scottish Police Investigator in an interview with Dutch documentary makers VPRO stated: “[the fragment] was in his (Alan Feraday, RARDE) possession and my possession but it was never released for anybody to hold it… they (the FBI) came to where we had it to see it because it wasn’t possible to remove any evidence out of the jurisdiction of the Scottish control.”
In his precognition statement given to Scottish Crown prosecutors DCS Henderson confirms that on the 22nd of June 1990 Henderson, accompanied by Chief Inspector McLean, DI Williamson and Alan Feraday from RARDE took the fragment to the US and “Met in Washington with metropolitan field officers of the FBI and Thomas Thurman.” The FBI’s Thomas Thurman was the officer who later claimed to have identified the fragment and the link to Libya, but later retired from the FBI following accusations by colleagues that he had [altered] forensic reports related to other criminal murder investigations.
[A report on the issue on the BBC News website can be read here. A radio interview with Christine Grahame can be heard here.
What follows is the text of a Crown Office press release:
"There is absolutely nothing new in this misleading story. Contrary to what is being claimed by Ms Grahame, the fact that the fragment of MST-13 timer known as PT 35 was taken to West Germany in 1990 by Scottish police officers was known to Mr Megrahi's defence team prior to his trial and indeed was presented to the Court by the Crown as evidence in the trial. During the trial Hans Brosamle of Siemens was called as a Crown witness and described examining PT 35 in Munich to the Court. Mr Megrahi's defence team did not dispute during the trial, after analysis by their own experts, that the fragment was part of an MST-13 timer.
"At no time during the investigation was the timer fragment ever outside the custody and control of the Scottish police officers, or forensic scientists at the Royal Armament Research and Development Establishment (RARDE)."
It will be noticed that this response does not address (a) the issue of the transfer of the fragment to the United States; (b) the issue of the then Lord Advocate's ignorance of the movement of the fragment out of the UK; and (c) his reasons for stating that no such movements should have occurred. Nor does it explain why the "chain of custody" label attached to the fragment appears not to record these movements.]
Scottish police investigators did not make the key piece of evidential material used to convict Abdelbaset al Megrahi, the man convicted of the Lockerbie bombing, secure an SNP MSP has claimed. Christine Grahame MSP has said the Crown Office has now confirmed to her that the fragment was taken to Germany and then to the US by Scottish investigating officers without the knowledge of the Defence team and more crucially the then Lord Advocate, Lord Fraser of [Carmyllie], the senior prosecutor at the time of the investigation.
In an interview for Dutch TV yet to be shown on UK television Lord Fraser was asked if the fragment, known as PT-35 (alleged to be part of the bomb’s timer) had always remained in the UK. Lord Fraser responded:
“As far as I’m aware it’s always been in the UK.”
Asked if it had ever been to the United States, Lord Fraser responds:
“Not that I’m aware of,” adding that he would have known if it had left the UK, telling Dutch reporters: “What would have gone through my mind is, I’m not accusing the FBI or anything… [but] could this evidence get lost, or damaged or tampered with? No, no I would want to keep everything so that there can be no accusations at a trial that in some way [the fragment] has been fiddled with.”
Now SNP MSP Christine Grahame has confirmed that the same fragment also went to Germany two months before being sent across the Atlantic to Washington without, it seems, the knowledge of the Lord Advocate and the Crown Office. Ms Grahame herself a former lawyer, also claims Scottish police investigators did not record the fragment’s transportation across the world and in doing so broke the vital chain of evidence undermining the integrity of the fragment. She said:
“The Crown Office have confirmed to me that the fragment, PT-35, the piece of evidence that it was claimed by prosecutors linked Libya to the attack was also sent to Germany in April 1990 as well as the US.
“On the 22nd of June 1990 it was then taken to the FBI lab in Washington for examination by FBI officials there. Lord Fraser makes it clear he did not know and would not have allowed this evidence to be taken out of Scottish jurisdiction and control, but that is precisely what did happen. That leaves a very serious question mark over the central piece of evidence used to convict Mr Megrahi."
The senior Scottish police investigator involved in the case, retired Detective Chief Superintendent Stuart Henderson told Dutch journalists last December,
“We couldn’t afford to let something like that go. It has never been in their [US] control at all. It couldn’t be, because it was such an important point of evidence it wasn’t possible to release it. It had to be contained to be produced at the court therefore you couldn’t afford to have it waved around for everyone to see it because it could have got interfered with.”
“But that is precisely what appears to have happened,” Ms Grahame said and separately confirmed she has seen additional documents yet to be made public that showed DCS Henderson had told Crown prosecution officials in a formal legal statement that the fragment had indeed been to the US. Ms Grahame added:
“I am not sure why DCS Henderson’s statements made separately to Dutch TV and to the Crown Office contradict each other so starkly. That is a matter for Mr Henderson to explain. Either this fragment was in the US or it was not.
“I am deeply concerned that during the investigation and indeed leading all the way up to the Trial that neither the Crown nor Megrahi’s Defence were ever made aware that this crucial piece of evidence was being ‘waved around for everyone to see’ as DCS Henderson put it.
“Questions also need to be answered about the associated evidence log that was meant to accompany PT-35. It mysteriously does not record that the fragment went to the US or Germany, even though the Crown Office has confirmed in writing that it definitely went to Germany."
Note to editors:
The Crown Office responding to a Freedom of Information request from Ms Grahame stated:
“PT 35 was taken to the Siemens company in Munich, Germany in April 1990 by Scottish police officers.”
Now retired FBI Senior Investigating Officer Richard Marquise confirmed to Ms Grahame’s office last week that, “PT-35, the actual fragment, came to the US one time, in June 1990 in the possession of a Scottish police officer and Feraday (Alan Feraday of the UK forensic explosives laboratory, RARDE).”
DCS Henderson, the Senior Scottish Police Investigator in an interview with Dutch documentary makers VPRO stated: “[the fragment] was in his (Alan Feraday, RARDE) possession and my possession but it was never released for anybody to hold it… they (the FBI) came to where we had it to see it because it wasn’t possible to remove any evidence out of the jurisdiction of the Scottish control.”
In his precognition statement given to Scottish Crown prosecutors DCS Henderson confirms that on the 22nd of June 1990 Henderson, accompanied by Chief Inspector McLean, DI Williamson and Alan Feraday from RARDE took the fragment to the US and “Met in Washington with metropolitan field officers of the FBI and Thomas Thurman.” The FBI’s Thomas Thurman was the officer who later claimed to have identified the fragment and the link to Libya, but later retired from the FBI following accusations by colleagues that he had [altered] forensic reports related to other criminal murder investigations.
[A report on the issue on the BBC News website can be read here. A radio interview with Christine Grahame can be heard here.
What follows is the text of a Crown Office press release:
"There is absolutely nothing new in this misleading story. Contrary to what is being claimed by Ms Grahame, the fact that the fragment of MST-13 timer known as PT 35 was taken to West Germany in 1990 by Scottish police officers was known to Mr Megrahi's defence team prior to his trial and indeed was presented to the Court by the Crown as evidence in the trial. During the trial Hans Brosamle of Siemens was called as a Crown witness and described examining PT 35 in Munich to the Court. Mr Megrahi's defence team did not dispute during the trial, after analysis by their own experts, that the fragment was part of an MST-13 timer.
"At no time during the investigation was the timer fragment ever outside the custody and control of the Scottish police officers, or forensic scientists at the Royal Armament Research and Development Establishment (RARDE)."
It will be noticed that this response does not address (a) the issue of the transfer of the fragment to the United States; (b) the issue of the then Lord Advocate's ignorance of the movement of the fragment out of the UK; and (c) his reasons for stating that no such movements should have occurred. Nor does it explain why the "chain of custody" label attached to the fragment appears not to record these movements.]
Monday 7 August 2017
Lockerbie detectives oppose release of Megrahi
Do not set 'guilty' Lockerbie bomber free, detectives plead
The investigating officers who led the original inquiry into the Lockerbie bombing have made an unprecedented intervention in the case to argue against the release of the Libyan convicted of the attack.
In a letter to the Justice Secretary, Kenny MacAskill, the Scottish police chief and the FBI boss who led the international investigation 20 years ago launch a powerfully worded plea against the release of Abdul Baset Ali al-Megrahi, who is serving a minimum sentence of 25 years for his part in the bombing.
In the letter obtained by The Times, Stuart Henderson, the retired senior investigating officer at the Lockerbie Incident Control Centre, and Richard Marquise, the FBI special agent in charge of the US taskforce, whose detective work helped to convict Abdul Baset Ali al-Megrahi, insist that he is guilty. They also argue that his release would “nullify the dedicated work of dozens of law enforcement and intelligence officials around the world”. (...)
In the letter sent to Kenny MacAskill last month, Mr Henderson and Mr Marquise claim the evidence they gathered added to a “strong circumstantial case” against al-Megrahi, and point out that Libya has admitted culpability for the bombing of Pan Am Flight 103 on a number of occasions since.
They say that releasing him would make a mockery of the work undertaken during the Lockerbie investigation, the biggest murder inquiry in British history, involving Scottish police, Scotland Yard, the FBI and other agencies from around the world.
The pair write: “To release Mr Megrahi to a regime which has admitted culpability for killing 270 citizens of the world would be a mistake. It would nullify the dedicated work of dozens of law enforcement and intelligence officials around the world who only wanted to find the truth.”
The detectives acknowledge al-Megrahi's poor health but contend it should not be a reason to release him.
“The eight judges who have already heard the evidence including three who were able to observe each witness under direct and cross-examination came to the same conclusion the rest of us did - Mr Megrahi was guilty of murder. His current health situation does not change that.”
Mr MacAskill, who is awaiting independent medical reports assessing al-Megrahi's condition, is expected to make a decision on his future by the end of this month. On Wednesday, the minister took the unprecedented step of visiting the Libyan in jail, prompting accusations that he was undermining the legal process. Al-Megrahi's second appeal is currently under way, although he will be forced to abandon his attempt to clear his name if he wishes to pursue a prisoner transfer. Release on compassionate grounds would allow him to continue with the appeal after being freed.
[Note by RB: Mr Henderson and Mr Marquise are gravely in error when they say that "The eight judges who have already heard the evidence ... came to the same conclusion as the rest of us did - Mr Megrahi was guilty of murder." Only the three judges at the Zeist trial heard the evidence and reached that conclusion. The five judges at the 2002 appeal made it clear that they had not considered the sufficiency of the evidence against Megrahi nor whether any reasonable tribunal could have convicted on that evidence. In paragraph 369 of their Opinion they said:
“When opening the case for the appellant before this court Mr Taylor [senior counsel for Megrahi] stated that the appeal was not about sufficiency of evidence: he accepted that there was a sufficiency of evidence. He also stated that he was not seeking to found on section 106(3)(b) of the 1995 Act [verdict unreasonable on the evidence]. His position was that the trial court had misdirected itself in various respects. Accordingly in this appeal we have not required to consider whether the evidence before the trial court, apart from the evidence which it rejected, was sufficient as a matter of law to entitle it to convict the appellant on the basis set out in its judgment. We have not had to consider whether the verdict of guilty was one which no reasonable trial court, properly directing itself, could have returned in the light of that evidence.”
"As far as the outcome of the appeal is concerned, some commentators have confidently opined that, in dismissing Megrahi’s appeal, the Appeal Court endorsed the findings of the trial court. This is not so. The Appeal Court repeatedly stresses that it is not its function to approve or disapprove of the trial court’s findings-in-fact, given that it was not contended on behalf of the appellant that there was insufficient evidence to warrant them or that no reasonable court could have made them. These findings-in-fact accordingly continue, as before the appeal, to have the authority only of the court which, and the three judges who, made them."
In June 2007, after a three-year investigation, the Scottish Criminal Cases Review Commission came to the conclusion that Megrahi's conviction may have constituted a miscarriage of justice. One of its six reasons for so finding was that in respect of absolutely crucial findings in fact by the trial court (the date of purchase of the clothing that surrounded the bomb and, hence, the identity of the purchaser) no reasonable tribunal could have reached the conclusion that the evidence established that it was Megrahi.
And whether Libya has admitted culpability for the Lockerbie tragedy has no bearing on whether a particular Libyan citizen was properly convicted or should now be released on compassionate grounds. But, of course, Libya has not admitted culpability. Here is a link to the official Libyan position which is that "Libya accepts responsibility for the actions of its officials". If, as a result of the present appeal, Megrahi's conviction is quashed there is no Libyan government admission of responsibility or culpability.]
Friday 7 August 2015
UK and US detectives oppose release of Megrahi
[What follows is an item posted on this blog on this date in 2009:]
Do not set 'guilty' Lockerbie bomber free, detectives plead
[This is the headline over an article in today's edition of The Times. It reads in part:]
The investigating officers who led the original inquiry into the Lockerbie bombing have made an unprecedented intervention in the case to argue against the release of the Libyan convicted of the attack.
In a letter to the Justice Secretary, Kenny MacAskill, the Scottish police chief and the FBI boss who led the international investigation 20 years ago launch a powerfully worded plea against the release of Abdul Baset Ali al-Megrahi, who is serving a minimum sentence of 25 years for his part in the bombing.
In the letter obtained by The Times, Stuart Henderson, the retired senior investigating officer at the Lockerbie Incident Control Centre, and Richard Marquise, the FBI special agent in charge of the US taskforce, whose detective work helped to convict Abdul Baset Ali al-Megrahi, insist that he is guilty. They also argue that his release would “nullify the dedicated work of dozens of law enforcement and intelligence officials around the world”. (...)
In the letter sent to Kenny MacAskill last month, Mr Henderson and Mr Marquise claim the evidence they gathered added to a “strong circumstantial case” against al-Megrahi, and point out that Libya has admitted culpability for the bombing of Pan Am Flight 103 on a number of occasions since.
They say that releasing him would make a mockery of the work undertaken during the Lockerbie investigation, the biggest murder inquiry in British history, involving Scottish police, Scotland Yard, the FBI and other agencies from around the world.
The pair write: “To release Mr Megrahi to a regime which has admitted culpability for killing 270 citizens of the world would be a mistake. It would nullify the dedicated work of dozens of law enforcement and intelligence officials around the world who only wanted to find the truth.”
The detectives acknowledge al-Megrahi's poor health but contend it should not be a reason to release him.
“The eight judges who have already heard the evidence including three who were able to observe each witness under direct and cross-examination came to the same conclusion the rest of us did - Mr Megrahi was guilty of murder. His current health situation does not change that.”
Mr MacAskill, who is awaiting independent medical reports assessing al-Megrahi's condition, is expected to make a decision on his future by the end of this month. On Wednesday, the minister took the unprecedented step of visiting the Libyan in jail, prompting accusations that he was undermining the legal process. Al-Megrahi's second appeal is currently under way, although he will be forced to abandon his attempt to clear his name if he wishes to pursue a prisoner transfer. Release on compassionate grounds would allow him to continue with the appeal after being freed.
[Note by RB: Mr Henderson and Mr Marquise are gravely in error when they say that "The eight judges who have already heard the evidence ... came to the same conclusion as the rest of us did - Mr Megrahi was guilty of murder." Only the three judges at the Zeist trial heard the evidence and reached that conclusion. The five judges at the 2002 appeal made it clear that they had not considered the sufficiency of the evidence against Megrahi nor whether any reasonable tribunal could have convicted on that evidence. In paragraph 369 of their Opinion they said:
“When opening the case for the appellant before this court Mr Taylor [senior counsel for Megrahi] stated that the appeal was not about sufficiency of evidence: he accepted that there was a sufficiency of evidence. He also stated that he was not seeking to found on section 106(3)(b) of the 1995 Act [verdict unreasonable on the evidence]. His position was that the trial court had misdirected itself in various respects. Accordingly in this appeal we have not required to consider whether the evidence before the trial court, apart from the evidence which it rejected, was sufficient as a matter of law to entitle it to convict the appellant on the basis set out in its judgment. We have not had to consider whether the verdict of guilty was one which no reasonable trial court, properly directing itself, could have returned in the light of that evidence.”
The true position, as I have written elsewhere, is this:
"As far as the outcome of the appeal is concerned, some commentators have confidently opined that, in dismissing Megrahi’s appeal, the Appeal Court endorsed the findings of the trial court. This is not so. The Appeal Court repeatedly stresses that it is not its function to approve or disapprove of the trial court’s findings-in-fact, given that it was not contended on behalf of the appellant that there was insufficient evidence to warrant them or that no reasonable court could have made them. These findings-in-fact accordingly continue, as before the appeal, to have the authority only of the court which, and the three judges who, made them."
In June 2007, after a three-year investigation, the Scottish Criminal Cases Review Commission came to the conclusion that Megrahi's conviction may have constituted a miscarriage of justice. One of its six reasons for so finding was that in respect of absolutely crucial findings in fact by the trial court (the date of purchase of the clothing that surrounded the bomb and, hence, the identity of the purchaser) no reasonable tribunal could have reached the conclusion that the evidence established that it was Megrahi.
And whether Libya has admitted culpability for the Lockerbie tragedy has no bearing on whether a particular Libyan citizen was properly convicted or should now be released on compassionate grounds. But, of course, Libya has not admitted culpability. Here is a link to the official Libyan position which is that "Libya accepts responsibility for the actions of its officials". If, as a result of the present appeal, Megrahi's conviction is quashed there is no Libyan government admission of responsibility or culpability.]
Do not set 'guilty' Lockerbie bomber free, detectives plead
[This is the headline over an article in today's edition of The Times. It reads in part:]
The investigating officers who led the original inquiry into the Lockerbie bombing have made an unprecedented intervention in the case to argue against the release of the Libyan convicted of the attack.
In a letter to the Justice Secretary, Kenny MacAskill, the Scottish police chief and the FBI boss who led the international investigation 20 years ago launch a powerfully worded plea against the release of Abdul Baset Ali al-Megrahi, who is serving a minimum sentence of 25 years for his part in the bombing.
In the letter obtained by The Times, Stuart Henderson, the retired senior investigating officer at the Lockerbie Incident Control Centre, and Richard Marquise, the FBI special agent in charge of the US taskforce, whose detective work helped to convict Abdul Baset Ali al-Megrahi, insist that he is guilty. They also argue that his release would “nullify the dedicated work of dozens of law enforcement and intelligence officials around the world”. (...)
In the letter sent to Kenny MacAskill last month, Mr Henderson and Mr Marquise claim the evidence they gathered added to a “strong circumstantial case” against al-Megrahi, and point out that Libya has admitted culpability for the bombing of Pan Am Flight 103 on a number of occasions since.
They say that releasing him would make a mockery of the work undertaken during the Lockerbie investigation, the biggest murder inquiry in British history, involving Scottish police, Scotland Yard, the FBI and other agencies from around the world.
The pair write: “To release Mr Megrahi to a regime which has admitted culpability for killing 270 citizens of the world would be a mistake. It would nullify the dedicated work of dozens of law enforcement and intelligence officials around the world who only wanted to find the truth.”
The detectives acknowledge al-Megrahi's poor health but contend it should not be a reason to release him.
“The eight judges who have already heard the evidence including three who were able to observe each witness under direct and cross-examination came to the same conclusion the rest of us did - Mr Megrahi was guilty of murder. His current health situation does not change that.”
Mr MacAskill, who is awaiting independent medical reports assessing al-Megrahi's condition, is expected to make a decision on his future by the end of this month. On Wednesday, the minister took the unprecedented step of visiting the Libyan in jail, prompting accusations that he was undermining the legal process. Al-Megrahi's second appeal is currently under way, although he will be forced to abandon his attempt to clear his name if he wishes to pursue a prisoner transfer. Release on compassionate grounds would allow him to continue with the appeal after being freed.
[Note by RB: Mr Henderson and Mr Marquise are gravely in error when they say that "The eight judges who have already heard the evidence ... came to the same conclusion as the rest of us did - Mr Megrahi was guilty of murder." Only the three judges at the Zeist trial heard the evidence and reached that conclusion. The five judges at the 2002 appeal made it clear that they had not considered the sufficiency of the evidence against Megrahi nor whether any reasonable tribunal could have convicted on that evidence. In paragraph 369 of their Opinion they said:
“When opening the case for the appellant before this court Mr Taylor [senior counsel for Megrahi] stated that the appeal was not about sufficiency of evidence: he accepted that there was a sufficiency of evidence. He also stated that he was not seeking to found on section 106(3)(b) of the 1995 Act [verdict unreasonable on the evidence]. His position was that the trial court had misdirected itself in various respects. Accordingly in this appeal we have not required to consider whether the evidence before the trial court, apart from the evidence which it rejected, was sufficient as a matter of law to entitle it to convict the appellant on the basis set out in its judgment. We have not had to consider whether the verdict of guilty was one which no reasonable trial court, properly directing itself, could have returned in the light of that evidence.”
The true position, as I have written elsewhere, is this:
"As far as the outcome of the appeal is concerned, some commentators have confidently opined that, in dismissing Megrahi’s appeal, the Appeal Court endorsed the findings of the trial court. This is not so. The Appeal Court repeatedly stresses that it is not its function to approve or disapprove of the trial court’s findings-in-fact, given that it was not contended on behalf of the appellant that there was insufficient evidence to warrant them or that no reasonable court could have made them. These findings-in-fact accordingly continue, as before the appeal, to have the authority only of the court which, and the three judges who, made them."
In June 2007, after a three-year investigation, the Scottish Criminal Cases Review Commission came to the conclusion that Megrahi's conviction may have constituted a miscarriage of justice. One of its six reasons for so finding was that in respect of absolutely crucial findings in fact by the trial court (the date of purchase of the clothing that surrounded the bomb and, hence, the identity of the purchaser) no reasonable tribunal could have reached the conclusion that the evidence established that it was Megrahi.
And whether Libya has admitted culpability for the Lockerbie tragedy has no bearing on whether a particular Libyan citizen was properly convicted or should now be released on compassionate grounds. But, of course, Libya has not admitted culpability. Here is a link to the official Libyan position which is that "Libya accepts responsibility for the actions of its officials". If, as a result of the present appeal, Megrahi's conviction is quashed there is no Libyan government admission of responsibility or culpability.]
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