Showing posts sorted by relevance for query Ian Hamilton. Sort by date Show all posts
Showing posts sorted by relevance for query Ian Hamilton. Sort by date Show all posts

Sunday 17 October 2010

Hundreds sign petition seeking inquiry into Lockerbie bomber conviction

[This is the headline over an article in today's edition of Scotland on Sunday. It reads as follows:]

A petition urging ministers to hold an independent inquiry into the conviction of the Lockerbie bomber has been signed by almost 1,000 people in its first week.

Campaigners launched the petition, calling on MSPs to put pressure on the Scottish Government to re-examine the evidence presented at the 2001 trial of Abdelbaset Ali al Megrahi at Camp Zeist in the Netherlands. Since then, hundreds of signatories have come forward including award-winning novelists AL Kennedy, James Robertson, and Aonghas MacNeacail and senior figures within the legal community, such as Len Murray ... Ian Hamilton QC, most famous for stealing the Stone of Destiny from Westminster Abbey, and Hector MacQueen, the Scots law professor and a vice-president of the Royal Society of Edinburgh.

Notable signatories from outwith Scotland include Benedict Birnberg, the retired human rights solicitor who acted for Virgin tycoon Richard Branson and Ian Brady, the Moors murderer, among others, during his 40-year career.

The petition has also been signed by about 100 people from Malta, where the bomb which caused the explosion of Pan Am Flight 103, claiming 270 lives, was said to have been smuggled on board.

Some long-term Lockerbie campaigners, including Dr Jim Swire, whose daughter Flora was killed in the mid-air explosion, believe that Megrahi, the only man convicted of playing a part in the atrocity and who was released from prison on compassionate grounds last year, is innocent. Robertson, a former Booker longlist nominee, whose latest novel, And The Land Stood Still, was published this month, said he had felt strongly about the Lockerbie issue for several years, but had only become "actively engaged" over the last year.

"When Megrahi was released the political shenanigans detracted attention from the important issue: the safety of the verdict at the Camp Zeist trial," he said.

"If you look at the original trial it seems the evidence on which Megrahi was convicted was very slight, in my view. Since then we've learned a lot more, but it hasn't been dealt with by the courts."

Robertson said he has taken a stand because he fears that when Megrahi dies, the truth will never be told. "It is crucial for the relatives because they feel, 22 years after the event, that they still don't know what happened and who was responsible," he said.

"There is also a stain on the Scottish justice system, as this does not look or feel right. As long as the answers are not addressed this stain will not be removed."

The petition was raised by the Justice for Megrahi campaign group, which includes Swire and Professor Robert Black QC, widely credited with coming up with the framework for Megrahi's unique trial, which was held in a foreign jurisdiction but under Scots law.

Dr Swire, who has long been convinced that Megrahi is innocent, said yesterday he was pleased with the response to date.

"No Scottish lawyer I know of believes in the integrity of the verdict. All it takes for this situation to continue is for good men to do nothing so I would urge people to sign the petition now."

Monday 20 May 2013

First anniversary of death of Abdelbaset al-Megrahi

[Abdelbaset al-Megrahi died one year ago today.  Here is the statement that Justice for Megrahi issued on that occasion:]

Abdelbaset al-Megrahi has now died without having been able to clear his name of the destruction of Pan Am flight 103 on the 21st of December 1988 during his lifetime. Now all those politicians and Megrahi-guilt apologists who regard compassion as being a weakling's alternative to vengeance, who boast of their skills at remote medical diagnosis, and who persistently refuse to address the uncomfortable facts of the case, will doubtless fall silent. Finally, the ‘evil terrorist’ has been called to account for himself before a “Higher Power”.

The prosecution case against him held water like a sieve. We are expected to believe the fantastic tale of the Luqa-Frankfurt-Heathrow transfer of an invisible, unaccompanied suitcase which miraculously found itself situated in the perfect position in the hold of 103 to create maximum destructive effect having eluded no fewer than three separate security regimes. There is no evidence for any such luggage ever having left the ground in either Malta or Germany, it is mere surmise. Not only that but we have accusations of the key Crown witness having been bribed for testimony; a multitude of serious question marks over material evidence, including the very real possibility of the crucial fragment of PCB having been fabricated; discredited forensic scientists testifying for the prosecution; Crown witness testimony being retracted after the trial and, most worryingly, allegations of the Crown’s non-disclosure of evidence which could have been key to the defence. Added to which, evidence supporting the alternative and infinitely more logical ingestion of the bomb directly at Heathrow was either dismissed at the trial or withheld from the court until after the verdict of guilty had been returned.

The judges were under immense pressure to bring in a verdict of guilty. Zeist was the most high profile trial that the Scottish High Court of Justiciary had ever presided over. There was massive international interest, and this was compounded by the fact that the judges played the dual roles of judge and jury in a case in which the indictments were brought by the same official body that had appointed them as judges in the first instance, the Lord Advocate. Anyone hoping, therefore, to discover an application of sound, empirical reasoning based on concrete evidence being exercised in the field of jurisprudence would do well to avoid the Zeistjudgement. Indeed, the most exceptional of Zeist’s many exceptional features is the judgement. Anyone reading this extraordinary document could be forgiven for thinking that in Scotland there is a presumption of guilt and the burden of proof is on the defence. In the words of Professor Hans Köchler (UN appointed International Observer at the Kamp van Zeist Trial) commenting on the second appeal: “[it] bears the hallmarks of an intelligence operation.”

The Crown and successive governments have, for years, acted to obstruct any attempts to investigate how the conviction of Mr al-Megrahi came about. Some in the legal and political establishments may well be breathing a sigh of relief now that Mr al-Megrahi has died. This would be a mistake. Many unfortunates who fell foul of outrageous miscarriages of justice in the past have had their names cleared posthumously. The great and the good of western civilisation who have clamoured for Mr al-Megrahi’s blood of late may find it a salutary experience to reflect on the case of Derek Bentley: convicted and hanged in 1953, aged nineteen, for a crime for which in 1998 he was acquitted on his posthumous appeal. However long it takes, the campaign seeking to have Mr al-Megrahi’s conviction quashed will continue unabated not only in his name and that of his family, who must still bear the stigma of being related to the ‘Lockerbie Bomber’, but, above all, it will carry on in the name of justice. A justice which is still being sought by and denied to many of the bereaved resultant from the Lockerbie tragedy.

It took almost half a century to resolve the Bentley case. With the Zeist justice campaign now in its twelfth year, one has to ask, when faced with such intransigence, precisely whom the democratically elected, executive arm of state represents. Historically, all the major parties, both in Holyrood and Westminster, must shoulder equal responsibility. However, since first coming to power in 2007, the SNP government has actively taken measures which hinder any progress towards lifting the fog that lies over events, much to the dismay of its own party supporters and activists who take an interest in the case. In 2009, a statutory instrument which was supposed to remove the legislative prohibition on publication of the Scottish Criminal Cases Review Commission’s statement of reasons for the second appeal (a document that cost tax payers in excess of £1,000,000 to produce) was so drafted as to render publication effectively impossible. In 2010, the government also fired new legislation through parliament (‘Cadder’ Section7) that makes any prospect of opening another appeal in the interests of justice a forlorn hope. Even today, ignoring the fact that, with the support of the Scottish Parliament Public Petitions Committee, campaigners finally forced the government to admit that it does in law (under the Inquiries Act of 2005) have the power to open an inquiry into the case, the government persists in sending out correspondence claiming that it doesn’t; this, of course, is accompanied by the hackneyed old mantra of their not doubting the safety of the conviction. Furthermore, during the consultation period of the Criminal Cases (Punishment and Review) (Scotland) Bill, campaigners established that the Data Protection Act posed no legal obstacle to the publication of the SCCRC’s statement of reasons for the second appeal, however, the government maintained otherwise with the result that it was ultimately left to the courage and commitment of members of the journalistic community to test the government’s position to destruction. All of the aforementioned, and the regrettable habit of appointing Crown Office insiders to the position of Lord Advocate, are not reassuring signs that this matter is being treated with a sense of balance and objectivity by the authorities. The record has stuck. The longer this goes on, the more the doubts over the government’s true loyalties will increase.

This case has now become emblematic of an issue which affects each and every one of us and poses some profoundly basic questions which we ignore at our peril, namely: what do we perceive justice to be, what role ought it to play in our society and whom should it exist to serve? Our laws and how we apply them to our society are the most fundamental descriptor of how we function as a cohesive and coherent entity. They are effectively a portrait of our identity as a people. If, through complacency, we permit cosy, established authority to dictate the terms and to brush under the carpet concerns over how justice is defined and dispensed for the sake of convenience, expediency and reputation, we will only have ourselves to blame for the consequences.

The Scottish Cabinet Secretary for Justice, Kenny MacAskill, says that “Scotland's Criminal Justice system is a cornerstone of our society, and it is paramount that there is total public confidence in it.” Scotland’s independent and professional arbiter in the matter of referrals to the Court of Appeal, the SCCRC, believe that, on no fewer than six grounds, Mr al-Megrahi may have suffered a miscarriage of justice at Zeist. Whether or not the courts are the right and proper platform to deal with this case, the conviction has been in the hands of the High Court of Justiciary since 2001 producing no resolution whatsoever and, moreover, how amenable are the courts now likely to be towards sanctioning another appeal given that they have been invested with new powers which allow them to reject applications which question their own judgements? Fine words are not enough. Action is required. After all, the government took executive action to release Mr al-Megrahi following the dropping of his appeal (something he was under no legal obligation to do). 52% of respondents to an opinion poll conducted by a major Scottish national newspaper supported the call for an independent inquiry into the case. Over a two week period, and with minimal publicity, 1,646 individuals put their names to a petition for an inquiry, which still remains open before the Scottish Parliament’s Justice Committee. If Scotland wishes to see its criminal justice system reinstated to the position of respect that it once held rather than its languishing as the mangled wreck it has become because of this perverse judgement, it is imperative that its government act by endorsing an independent inquiry into this entire affair. As a nation which aspires to independence, Scotland must have the courage to look itself in the mirror.

Signed:

Ms Kate Adie (Former Chief News Correspondent for BBC News).
Mr John Ashton (Author of ‘Megrahi: You are my Jury’ and co-author of ‘Cover Up of Convenience’).
Mr David Benson (Actor/author of the play ‘Lockerbie: Unfinished Business’).
Mrs Jean Berkley (Mother of Alistair Berkley: victim of Pan Am 103).
Mr Peter Biddulph (Lockerbie tragedy researcher).
Mr Benedict Birnberg (Retired senior partner of Birnberg Peirce & Partners).
Professor Robert Black QC (‘Architect’ of the Kamp van Zeist Trial).
Mr Paul Bull (Close friend of Bill Cadman: killed on Pan Am 103).
Professor Noam Chomsky (Human rights, social and political commentator).
Mr Tam Dalyell (UK MP: 1962-2005. Father of the House: 2001-2005).
Mr Ian Ferguson (Co-author of ‘Cover Up of Convenience’).
Dr David Fieldhouse (Police surgeon present at the Pan Am 103 crash site).
Mr Robert Forrester (Secretary of Justice for Megrahi).
Ms Christine Grahame MSP (Member of the Scottish Parliament).
Mr Ian Hamilton QC (Advocate, author and former university rector).
Mr Ian Hislop (Editor of ‘Private Eye’).
Fr Pat Keegans (Lockerbie parish priest on 21st December 1988).
Ms A L Kennedy (Author).
Dr Morag Kerr (Secretary Depute of Justice for Megrahi).
Mr Andrew Killgore (Former US Ambassador to Qatar).
Mr Moses Kungu (Lockerbie councillor on the 21st of December 1988).
Mr Adam Larson (Editor and proprietor of ‘The Lockerbie Divide’).
Mr Aonghas MacNeacail (Poet and journalist).
Mr Eddie McDaid (Lockerbie commentator).
Mr Rik McHarg (Communications hub coordinator: Lockerbie crash sites).
Mr Iain McKie (Retired Superintendent of Police).
Mr Marcello Mega (Journalist covering the Lockerbie incident).
Ms Heather Mills (Reporter for ‘Private Eye’).
Rev’d John F Mosey (Father of Helga Mosey: victim of Pan Am 103).
Mr Len Murray (Retired solicitor).
Cardinal Keith O’Brien (Archbishop of St Andrews and Edinburgh and Cardinal in the Roman Catholic Church).
Mr Denis Phipps (Aviation security expert).
Mr John Pilger (Campaigning human rights journalist).
Mr Steven Raeburn (Editor of ‘The Firm’).
Dr Tessa Ransford OBE  (Poetry Practitioner and Adviser).
Mr James Robertson (Author).
Mr Kenneth Roy (Editor of ‘The Scottish Review’).
Dr David Stevenson (Retired medical specialist and Lockerbie commentator).
Dr Jim Swire (Father of Flora Swire: victim of Pan Am 103).
Sir Teddy Taylor (UK MP: 1964-2005. Former Shadow Secretary of State for Scotland).
Archbishop Desmond Tutu (Nobel Peace Prize Winner).
Mr Terry Waite CBE (Former envoy to the Archbishop of Canterbury and hostage negotiator).

Sunday 23 December 2012

The claims that 'prove' the Lockerbie case fiasco

[This is the headline over a long article by Greg Christison in today’s edition of the Sunday Express.  It reads in part:]

Eight damning claims that have sparked a bitter row within Scotland’s legal hierarchy over the Lockerbie investigation can be exclusively revealed today.

Campaign group Justice for Megrahi (JfM) has opened a 39-page dossier containing accusations that, if proved, would rock governments on both sides of the Atlantic.

JfM, which has the support of leading lawyers, claims that Crown Office officials and police officers attempted to pervert the course of justice during the investigation and trial following the 1988 disaster.

Our investigation comes just days after Scotland’s Lord Advocate, Frank Mulholland QC, launched a scathing attack on “conspiracy theorists”, whose attacks were “defamatory” and “without foundation”.

His comments have further angered campaigners, already infuriated that Justice Secretary Kenny MacAskill forwarded their complaints to the Crown Office and Dumfries and Galloway Constabulary – the very organisations accused of wrongdoing.

It is alleged the authorities deliberately misled judges during the 36-week hearing at Camp Zeist in the Netherlands in 2000 in an attempt to frame Abdelbaset Ali Mohmed al-Megrahi and his co-accused Lamin Khalifah Fhimah.

The group believes that vital evidence suggesting the bomb was planted at Heathrow Airport rather than in Malta, as found by the court, was intentionally overlooked in order to achieve a conviction against the two Libyans.

Backed by evidence from a “wide variety of sources”, the dossier also includes claims that prosecutors passed on false information to the court and key statements were deliberately “buried”.

Prominent Scots lawyers Ian Hamilton and Robert Black both support the claims and insist an independent inquiry must be held into the Lockerbie case.

Retired QC Mr Hamilton said: “Prima facie, all of the allegations hold water. But put together, there is such a defence case here that I find it incredible that any responsible Crown Office should not welcome an inquiry.

“The whole case against Megrahi was soured and poisoned from the very beginning by the CIA. They wanted a conviction at any cost to satisfy the understandable desire of the victims, many of whom were American citizens, for vengeance. I’m afraid Dumfries and Galloway Police and the Scottish Crown Office caved into this desire.

“It seems to me that this prosecution was conducted with a desire to get a conviction at all costs, even at the cost of justice itself. This has gone on too long and is a blot on Scotland’s reputation for fair trials.”

Reacting furiously to Mr Mulholland’s “defamatory” claims, he added: “It is very, very right for people to criticize an administration of justice which appears to be so corrupt as this one.”

JfM committee member Mr Black, also a [retired] QC and Emeritus Professor of Scots Law at the University of Edinburgh, said the Scottish legal system had collapsed under a “real determination” for a conviction. (...)

Megrahi, who died in May, is the only man ever convicted of the bombing, which killed 270 people when Pan Am Flight 103 blew up over Lockerbie, in December 1988. Fhimah was acquitted.

He always maintained his innocence and the Scottish Criminal Cases Review Commission ruled there may have been a “miscarriage of justice” in his trial.

On Friday, speaking as the Libyan Government vowed to release all files related to the disaster, Mr Mulholland told a national newspaper [The Times] that he had already appointed “outside counsel” to conduct an independent review of the evidence and found Megrahi’s conviction was sound.

He added: “I am hugely frustrated that there is an unfounded attack on the integrity of the judges involved in the process.”

In response, JfM secretary Robert Forrester hit back: “To say our allegations are defamatory is a joke. Of course they are defamatory – if you point the finger at somebody and say they broke the law you are impuning their reputation.

“There is substantial evidence contained within the documents which supports these allegations and the Crown Office, along with Dumfries and Galloway Police are obliged to investigate.

“Our allegations were met with a prolonged period of silence, it is now interesting to see the Lord Advocate using the media rather than choosing to respond to us directly.”

A Crown Office spokesman said it “would not be appropriate” to name the counsel appointed to review the case.

THE EIGHT ALLEGATIONS
* Crown Office officials attempted to cover up damaging information contained within CIA cables about their star witness Abdul Majid Giaka, who said he saw Megrahi and Fhimah at Luqa Airport with a “suspicious” suitcase. Giaka was later found to be an unreliable witness.

* In the early stages of the inquiry, Dumfries and Galloway officers and Crown Office officials “deliberately ignored” compelling evidence suggesting the bomb was loaded on to Pan Am Flight 103 at Heathrow Airport.

* A statement by Heathrow security guard Raymond Manly, who discovered a break-in 18 hours prior to the departure of Flight 103, was “buried” and not disclosed during the trial.

* The Crown Office presented a false scenario to court concerning the positioning of the Samsonite hardshell suitcase – identical to the one containing the bomb – which was seen in Flight 103’s luggage container at Heathrow, at least an hour before the Frankfurt feeder flight landed.

* A witness for the prosecution, who cannot be identified for legal reasons, intentionally failed to point out a “crucial discrepancy” with a key piece of evidence.

* Dumfries and Galloway Police did not ascertain whether the company which made the MST-13 circuit boards had the capability to create the type of circuit board found at Lockerbie. In 2008, the defence team found the firm could not produce that type of circuit board.

* The Crown Office and Dumfries and Galloway Constabulary failed to disclose critical evidence relating to the scientific analysis of the circuit board.

* Megrahi’s identification by witness Tony Gauci was not handled correctly by the authorities and did not show the expected level of fairness to the accused.

[The precise nature of the criminality alleged is outlined in a 4-page press briefing document produced by Justice for Megrahi.  It can be read here.]

Sunday 20 May 2012

A statement by Justice for Megrahi on the death of Abdelbaset Ali Mohmed al-Megrahi

Abdelbaset al-Megrahi has now died without having been able to clear his name of the destruction of Pan Am flight 103 on the 21st of December 1988 during his lifetime. Now all those politicians and Megrahi-guilt apologists who regard compassion as being a weakling's alternative to vengeance, who boast of their skills at remote medical diagnosis, and who persistently refuse to address the uncomfortable facts of the case, will doubtless fall silent. Finally, the ‘evil terrorist’ has been called to account for himself before a “Higher Power”.

The prosecution case against him held water like a sieve. We are expected to believe the fantastic tale of the Luqa-Frankfurt-Heathrow transfer of an invisible, unaccompanied suitcase which miraculously found itself situated in the perfect position in the hold of 103 to create maximum destructive effect having eluded no fewer than three separate security regimes. There is no evidence for any such luggage ever having left the ground in either Malta or Germany, it is mere surmise. Not only that but we have accusations of the key Crown witness having been bribed for testimony; a multitude of serious question marks over material evidence, including the very real possibility of the crucial fragment of PCB having been fabricated; discredited forensic scientists testifying for the prosecution; Crown witness testimony being retracted after the trial and, most worryingly, allegations of the Crown’s non-disclosure of evidence which could have been key to the defence. Added to which, evidence supporting the alternative and infinitely more logical ingestion of the bomb directly at Heathrow was either dismissed at the trial or withheld from the court until after the verdict of guilty had been returned.

The judges were under immense pressure to bring in a verdict of guilty. Zeist was the most high profile trial that the Scottish High Court of Justiciary had ever presided over. There was massive international interest, and this was compounded by the fact that the judges played the dual roles of judge and jury in a case in which the indictments were brought by the same official body that had appointed them as judges in the first instance, the Lord Advocate. Anyone hoping, therefore, to discover an application of sound, empirical reasoning based on concrete evidence being exercised in the field of jurisprudence would do well to avoid the Zeist judgement. Indeed, the most exceptional of Zeist’s many exceptional features is the judgement. Anyone reading this extraordinary document could be forgiven for thinking that in Scotland there is a presumption of guilt and the burden of proof is on the defence. In the words of Professor Hans Köchler (UN appointed International Observer at the Kamp van Zeist Trial) commenting on the second appeal: “[it] bears the hallmarks of an intelligence operation.”

The Crown and successive governments have, for years, acted to obstruct any attempts to investigate how the conviction of Mr al-Megrahi came about. Some in the legal and political establishments may well be breathing a sigh of relief now that Mr al-Megrahi has died. This would be a mistake. Many unfortunates who fell foul of outrageous miscarriages of justice in the past have had their names cleared posthumously. The great and the good of western civilisation who have clamoured for Mr al-Megrahi’s blood of late may find it a salutary experience to reflect on the case of Derek Bentley: convicted and hanged in 1953, aged nineteen, for a crime for which in 1998 he was acquitted on his posthumous appeal. However long it takes, the campaign seeking to have Mr al-Megrahi’s conviction quashed will continue unabated not only in his name and that of his family, who must still bear the stigma of being related to the ‘Lockerbie Bomber’, but, above all, it will carry on in the name of justice. A justice which is still being sought by and denied to many of the bereaved resultant from the Lockerbie tragedy.

It took almost half a century to resolve the Bentley case. With the Zeist justice campaign now in its twelfth year, one has to ask, when faced with such intransigence, precisely whom the democratically elected, executive arm of state represents. Historically, all the major parties, both in Holyrood and Westminster, must shoulder equal responsibility. However, since first coming to power in 2007, the SNP government has actively taken measures which hinder any progress towards lifting the fog that lies over events, much to the dismay of its own party supporters and activists who take an interest in the case. In 2009, a statutory instrument which was supposed to remove the legislative prohibition on publication of the Scottish Criminal Cases Review Commission’s statement of reasons for the second appeal (a document that cost tax payers in excess of £1,000,000 to produce) was so drafted as to render publication effectively impossible. In 2010, the government also fired new legislation through parliament (‘Cadder’ Section7) that makes any prospect of opening another appeal in the interests of justice a forlorn hope. Even today, ignoring the fact that, with the support of the Scottish Parliament Public Petitions Committee, campaigners finally forced the government to admit that it does in law (under the Inquiries Act of 2005) have the power to open an inquiry into the case, the government persists in sending out correspondence claiming that it doesn’t; this, of course, is accompanied by the hackneyed old mantra of their not doubting the safety of the conviction. Furthermore, during the consultation period of the Criminal Cases (Punishment and Review) (Scotland) Bill, campaigners established that the Data Protection Act posed no legal obstacle to the publication of the SCCRC’s statement of reasons for the second appeal, however, the government maintained otherwise with the result that it was ultimately left to the courage and commitment of members of the journalistic community to test the government’s position to destruction. All of the aforementioned, and the regrettable habit of appointing Crown Office insiders to the position of Lord Advocate, are not reassuring signs that this matter is being treated with a sense of balance and objectivity by the authorities. The record has stuck. The longer this goes on, the more the doubts over the government’s true loyalties will increase.

This case has now become emblematic of an issue which affects each and every one of us and poses some profoundly basic questions which we ignore at our peril, namely: what do we perceive justice to be, what role ought it to play in our society and whom should it exist to serve? Our laws and how we apply them to our society are the most fundamental descriptor of how we function as a cohesive and coherent entity. They are effectively a portrait of our identity as a people. If, through complacency, we permit cosy, established authority to dictate the terms and to brush under the carpet concerns over how justice is defined and dispensed for the sake of convenience, expediency and reputation, we will only have ourselves to blame for the consequences.

The Scottish Cabinet Secretary for Justice, Kenny MacAskill, says that Scotland's Criminal Justice system is a cornerstone of our society, and it is paramount that there is total public confidence in it.” Scotland’s independent and professional arbiter in the matter of referrals to the Court of Appeal, the SCCRC, believe that, on no fewer than six grounds, Mr al-Megrahi may have suffered a miscarriage of justice at Zeist. Whether or not the courts are the right and proper platform to deal with this case, the conviction has been in the hands of the High Court of Justiciary since 2001 producing no resolution whatsoever and, moreover, how amenable are the courts now likely to be towards sanctioning another appeal given that they have been invested with new powers which allow them to reject applications which question their own judgements? Fine words are not enough. Action is required. After all, the government took executive action to release Mr al-Megrahi following the dropping of his appeal (something he was under no legal obligation to do). 52% of respondents to an opinion poll conducted by a major Scottish national newspaper supported the call for an independent inquiry into the case. Over a two week period, and with minimal publicity, 1,646 individuals put their names to a petition for an inquiry, which still remains open before the Scottish Parliament’s Justice Committee. If Scotland wishes to see its criminal justice system reinstated to the position of respect that it once held rather than its languishing as the mangled wreck it has become because of this perverse judgement, it is imperative that its government act by endorsing an independent inquiry into this entire affair. As a nation which aspires to independence, Scotland must have the courage to look itself in the mirror.

Signed:

Ms Kate Adie (Former Chief News Correspondent for BBC News).
Mr John Ashton (Author of ‘Megrahi: You are my Jury’ and co-author of ‘Cover Up of Convenience’).
Mr David Benson (Actor/author of the play ‘Lockerbie: Unfinished Business’).
Mrs Jean Berkley (Mother of Alistair Berkley: victim of Pan Am 103).
Mr Peter Biddulph (Lockerbie tragedy researcher).
Mr Benedict Birnberg (Retired senior partner of Birnberg Peirce & Partners).
Professor Robert Black QC (‘Architect’ of the Kamp van Zeist Trial).
Mr Paul Bull (Close friend of Bill Cadman: killed on Pan Am 103).
Professor Noam Chomsky (Human rights, social and political commentator).
Mr Tam Dalyell (UK MP: 1962-2005. Father of the House: 2001-2005).
Mr Ian Ferguson (Co-author of ‘Cover Up of Convenience’).
Dr David Fieldhouse (Police surgeon present at the Pan Am 103 crash site).
Mr Robert Forrester (Secretary of Justice for Megrahi).
Ms Christine Grahame MSP (Member of the Scottish Parliament).
Mr Ian Hamilton QC (Advocate, author and former university rector).
Mr Ian Hislop (Editor of ‘Private Eye’).
Fr Pat Keegans (Lockerbie parish priest on 21st December 1988).
Ms A L Kennedy (Author).
Dr Morag Kerr (Secretary Depute of Justice for Megrahi).
Mr Andrew Killgore (Former US Ambassador to Qatar).
Mr Moses Kungu (Lockerbie councillor on the 21st of December 1988).
Mr Adam Larson (Editor and proprietor of ‘The Lockerbie Divide’).
Mr Aonghas MacNeacail (Poet and journalist).
Mr Eddie McDaid (Lockerbie commentator).
Mr Rik McHarg (Communications hub coordinator: Lockerbie crash sites).
Mr Iain McKie (Retired Superintendent of Police).
Mr Marcello Mega (Journalist covering the Lockerbie incident).
Ms Heather Mills (Reporter for ‘Private Eye’).
Rev’d John F Mosey (Father of Helga Mosey: victim of Pan Am 103).
Mr Len Murray (Retired solicitor).
Cardinal Keith O’Brien (Archbishop of St Andrews and Edinburgh and Cardinal in the Roman Catholic Church).
Mr Denis Phipps (Aviation security expert).
Mr John Pilger (Campaigning human rights journalist).
Mr Steven Raeburn (Editor of ‘The Firm’).
Dr Tessa Ransford OBE  (Poetry Practitioner and Adviser).
Mr James Robertson (Author).
Mr Kenneth Roy (Editor of ‘The Scottish Review’).
Dr David Stevenson (Retired medical specialist and Lockerbie commentator).
Dr Jim Swire (Father of Flora Swire: victim of Pan Am 103).
Sir Teddy Taylor (UK MP: 1964-2005. Former Shadow Secretary of State for Scotland).
Archbishop Desmond Tutu (Nobel Peace Prize Winner).
Mr Terry Waite CBE (Former envoy to the Archbishop of Canterbury and hostage negotiator).

Monday 21 December 2015

"We are all of us at risk of such travesties recurring"

[What follows is the text of a report by Greg Russell published in today’s edition of The National:]

It was one of the worst terrorist atrocities of the 20th century – 27 years ago today Pan Am flight 103 from London’s Heathrow Airport to JFK in New York was blown up over the town of Lockerbie.

All 243 passengers and 16 crew died, along with 11 people in the town itself, leaving a total death toll of 270.

A Libyan national Abdelbaset al-Megrahi eventually became the only man to be convicted of the bombing. He died in May 2012 from terminal prostate cancer, three years after the then justice secretary Kenny Mac- Askill released him from a life sentence on compassionate grounds.

However, the controversy surrounding his conviction has never died. The campaign group Justice for Megrahi (JfM) has revealed a series of responses to their claim that “bias and prejudice” of the Crown Office should disqualify it from assessing a Police Scotland report into criminal allegations JfM made relating to the Lockerbie investigation and trial.

The group said that had these been supported, they would cast serious doubt on Megrahi’s conviction and “point to possible malpractice by Crown Office personnel, police and other prosecution witnesses”.

Justice campaigner and retired police officer Iain McKie, said: “A major Police Scotland report is about to be published which could point to Mr Megrahi’s innocence and possible criminal acts by former Crown Office personnel and prosecution witnesses.

“Surely this disqualifies the Lord Advocate and Crown Office from coming anywhere near this report.”

Hugh Andrew, managing director of publishers Birlinn, which published a book on the disaster, said: “Behaviour such as leaking information by the Crown ... to sympathetic journalists, the refusal to accept the implications of a damning report and the refusal to consider relevant evidence not available at the time of trial and independently verified, is a pointer to something disturbing and rotten in our justice system.”

“In a case of such importance it is essential all evidence is fairly and openly considered. That every form of subterfuge seems deployed to prevent this begs ominous questions.”

QC Ian Hamilton said he did not think there was a lawyer in Scotland who believed Megrahi was “justly convicted”.

Robert Black QC, professor emeritus of Scots law at the University of Edinburgh, was born and raised in Lockerbie and has taken a close interest in the case. He told The National: “It is over eight years since the Scottish Criminal Cases Review Commission concluded that Megrahi’s conviction might have amounted to a miscarriage of justice. After all this time, why has the Lockerbie case not just faded away? It is because the official, judicially-approved version of what happened simply does not hold water. It never did.

“The failure of the Scottish justice system and of Scottish (and British) political institutions to acknowledge this in the face of quite overwhelming evidence is profoundly shocking and depressing.

“Until such recognition occurs and appropriate lessons are learned, we are all of us at risk of such travesties recurring. And that is frightening.”

Sunday 28 December 2014

Questioning the probity of the Megrahi verdict

What follows is an item posted on this blog on 28 December 2012:

“I pray we may all with honesty seek and learn the truth”

[What follows is the text of a letter to The Times by Dr Jim Swire.  A week after it was sent, it has not been published and so I am taking the liberty of posting it here:]

I note your article from Mr Linklater concerning the security of the verdict reached against Mr Megrahi, regarding the murder of my daughter Flora and 269 others in the Lockerbie air disaster. [RB: Magnus Linklater is appointed CBE in today’s New Year Honours List.]

A brilliant medical student at Nottingham, Flora, who was only on her way to see her US boyfriend over Christmas, had just been accepted to continue her medical studies at Cambridge.

I have not enjoyed being accused by Mr Mullholland's Crown Office, as a member of the Justice for Megrahi (JFM) group's committee, of deliberate lying over this case.

Nor do I admire the tastelessness of your newspaper in publishing this contentious article on the very day of the 24th anniversary of my innocent daughter Flora's brutal murder. I am far from alone among UK relatives in questioning the probity of the management of this terrible case.

There are at present allegations of criminality lodged by the committee of JFM against members of the Crown Office and the Scottish police force over the conduct of the Lockerbie investigation and trial.

I will not stoop to making allegations now in your pages against the Crown Office, the Lord Advocate, nor indeed Mr Linklater until the allegations have been objectively investigated.

Your readers should remember that Benedict Birnberg, Gareth Peirce, Michael Mansfield QC, David Wolchover, Len Murray, Ian Hamilton QC, Jock Thomson QC, John Scott QC and Emeritus Professor (of Scots law) Robert Black QC are among many other lawyers who question the probity of this verdict.

However, in the spirit of the season, I offer all who contributed to this article a happy 2013, in which I pray we may all with honesty seek and learn the truth. That is actually all that we the relatives are asking for.  

[The article in today’s edition of The Times (behind the paywall) in which Mr Linklater’s honour is reported, contains the following paragraph:]

Mr Linklater remains one of most respected figures in Scottish journalism, with the skill and compassion to report sensitively on the tragedy of Lockerbie — “a story that has stayed with me ever since” — as well as the humour to deliver an agonised column about the iniquities of speed cameras.