Justice for Megrahi: we live to fight another day

[What follows is the text of a message sent today by Justice for Megrahi’s secretary, Robert Forrester, to JFM members and supporters following Tuesday’s meeting of the Scottish Parliament’s Justice Committee:]

The Justice Committee's consideration of JFM's petition 1370, calling on the Scottish Government to endorse for an independent inquriy into the investigation and legal processes involved in the Lockerbie/Zeist affair, held on Tuesday 18th February, was by far the most animated session of the Justice Committee that I have attended on the subject: reaching almost operatic proportions. It generated valiant, bravura performances from both Christine Grahame MSP (SNP Convener of the Justice Committee of the Scottish Parliament) and John Finnie MSP (Independent) in the teeth of determined pressure to close the petition: this opposition emanated largely from Margaret Mitchell MSP (Conservative).

The principal argument used against maintaining 1370 open was the feeling that the Justice Committee was wandering away from its strict remit with regard to the petition proper by conflating it with JFM's allegations of criminality against police officers, forensic investigators and legal officials. Margaret Mitchell's position is an interesting development in that the principal Conservative Party member on the Justice committee when JFM received its first unanimous vote by the committee to keep 1370 open (11th December 2012) was the late David McLetchie MSP. JFM had up until that moment rather regarded Mr McLetchie an arch foe. However, he was most vocal in his support of the petition: backing up earlier statements made by John Finnie. The catalyst behind his change of heart was in fact that he was attracted by the new dynamic brought to the petition not only by the lodging with the then Dumfries and Galloway Constabulary of the JFM allegations themselves but also by the manner in which the JFM allegations were being treated by the authorities. This referred to the Justice Directorate's release of our private and confidential letter to Cabinet Secretary for Justice MacAskill to the Crown Office and the ensuing media attacks on JFM launched by Chambers Street, culminating in Lord Advocate Mulholland's outbursts to Magnus Linklater on the anniversary of the 103 tragedy in 2012.

It is now, therefore, most curious that the Conservative Party appears to doing a complete volte-face on essentially the same principle that encouraged Mr McLetchie to support 1370. In the current situation, both JFM and the Justice Committee are being confronted by an outrageously dismissive attitude by Police Scotland and the Crown Office with respect to the JFM allegations (follow this link to our submission: http://www.scottish.parliament.uk/S4_JusticeCommittee/General%20Documents/20140130_JFM_to_Committee.pdf, and this one to the email sent to myself by Detective Superintendent Stuart Johnstone, which was also sent as a last minute submission to the Justice Committee on Tuesday morning: http://www.scottish.parliament.uk/S4_JusticeCommittee/General%20Documents/20140217_PS_to_JFM.pdf).

As Mr McLetchie recognised at the time, the petition and the allegations had become inextricably entwined  as a result of the attitudes of the authorities to the allegations. This situation has not altered one jot. In fact, the attitude of Police Scotland and the Crown Office towards JFM is now even more parlous than it ever has been, so why has the position of the Conservative Party changed? Something of a mystery, methinks.

Ultimately though, the strength of Christine Grahame's anger at the behaviour of Police Scotland, and John Finnie's reasoned presentation of the current, developing environment vis-à-vis JFM and the authorities, and 1370 and the now 9 JFM allegations, won the day. As  you will see from the reports below and from watching the recording of the session, it was decided that letters would be sent to Chief Constable of Police Scotland Sir Stephen House and Detective Superintendent Johnstone asking them, amongst other things, to account for the seemingly blasé, slipshod and dismissive conduct of Police Scotland. The Justice Committee also sanctioned a letter to the SCCRC to ask if the al-Megrahi family have made a referral for a third appeal against the Zeist conviction. For details, see the video link below.

We live to fight another day then. What is more, these new letters could well have the potential to be as significant as the one which the Public Petitions Committee sent to the Scottish Government which established that it did after all have the power to sanction an independent inquiry under the Inquiries Act of 2005.

The transcript is not yet available but soon will be. In the meantime, you can watch the session by following this link to Parliament TV:

http://www.scottish.parliament.uk/newsandmediacentre/41409.aspx. The consideration of 1370 begins 1 hour, 8 minutes and 43 seconds into the session.  

See here below links to press reports:

http://www.holyrood.com/2014/02/msps-vent-frustration-at-police-inquiry-on-megrahi/

http://www.scotsman.com/news/transport/police-accused-of-dragging-heels-on-lockerbie-1-3310491

http://www.heraldscotland.com/news/home-news/msps-keep-lockerbie-petition-open.1392736606

The Committee of JFM would like to express its deep gratitude to its members who turned up in person to back 1370 on Tuesday, and, as ever, to thank all of you for your unqualified support of the campaign, and the invaluable ideas and advice you offer us.

Don't forget that you can follow daily developments as they relate to the Lockerbie/Zeist case on our indomitable Professor Black's blog (http://lockerbiecase.blogspot.co.uk/).

Justice for Megrahi petition back before Justice Committee

At its meeting on Tuesday, 18 February 2014, one of the items on the Scottish Parliament Justice Committee’s agenda will be further consideration of Justice for Megrahi’s petition PE 1370.  A written submission to the Committee by JFM’s secretary, Robert Forrester, can be read here.  It deals with progress (or lack of it) on Police Scotland’s investigation of Justice for Megrahi’s allegations of criminal misconduct in the Lockerbie investigation and the prosecution and trial of Abdelbaset Megrahi. The clerk to the Committee's briefing note on the petition can be read here (document J/SA/14/6/3, paras 27 to 33).

Justice for Megrahi secretary reports on recent developments

[What follows is the text of a report on recent developments distributed yesterday to members and supporters of Justice for Megrahi by the group’s secretary, Robert Forrester:]

You will be aware that petition PE1370 lives to fight on in its quest to be registered in the Guinness Book of Records subsequent to the Justice Committee of the Scottish Parliament (JC) session of 24 September 2013. In no short measure this was due to the eloquent manner in which John Finnie MSP wielded so robustly his elegant cleaver. Our very own Christine Grahame managed what must be something of an awkward situation, being both a member of JFM and the Convener of the JC, most diplomatically. The Committee of JFM fully takes on board her request that we not carpet bomb JC members with submissions of such volume as we have tended to in the past.

The TV recording of the JC consideration of 1370 referred to above may be viewed here: http://www.scottish.parliament.uk/newsandmediacentre/41407.aspx.     

Matters became somewhat circumscribed by DCC Shearer's last minute submission of a letter to the JC concerning the contrasting perceptions of the meeting held at Police Scotland's Dumfries and Galloway Division HQ on 16 August that exist between himself and JFM. This letter, along with all other relevant documents may be read here: http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees/44107.aspx.

On a personal level, and for what it is worth, my opinion of DCC Shearer remains positive. In the two meetings at Cornwall Mount between ourselves and Police Scotland, Patrick Shearer has been a flawless model of friendliness, scrupulous courtesy and professionalism. I also regard him as a consummate politician. However, the JFM recollection of events at Cornwall Mount on 16 August is crystal clear, and, furthermore supported by: Professor Robert Black QC, Detective Superintendent of police (Rtd) Iain McKie and myself, Robert Forrester; moreover, it diverges considerably from the recollection of DCC Shearer.

At the beginning of our 16 August encounter, DCC Shearer informed the three JFM Committee members that he, having identified what he perceived as a potential conflict between our allegations 5, 6 and 7, and the so called 'live and on-going' COPFS investigation into incriminating other Libyan nationals for the downing of 103 alongside Mr al-Megrahi, had approached the Crown Office to seek a resolution to the matter. The result of this consultation was that DCC Shearer was, 'for the time being', apparently, to sideline JFM allegations 5, 6 and 7. Members will be aware that all three allegations relate to the shard of PCB frequently referred to as PT/35b. Moreover that said allegations were all to be spoken to by JFM witness Mr John Ashton.

I am perfectly clear on what occurred. Indeed, in my momentary disbelief, I actually asked DCC Shearer to repeat what he had said to us in order to confirm the detail so that I could report events as accurately as possible to our membership. It is most difficult, in fact impossible, therefore, not to come to the conclusion that Mr Shearer approached the Crown Office in order to obtain permission to drop 5, 6 and 7 from our allegations. These allegations were duly dropped from his investigation as a direct result of his encounter with COPFS. Moreover, you will also recall that I asked him to inform us of who the SIO of the COPFS attempts to implicate further Libyans, alongside Baset, is. This he felt unable to do. My assessment is that he is SIO for both the JFM allegations and that of the much trumpeted COPFS investigation, 'live and on-going' no less, targeting Libya. Otherwise, why did he feel the need to consult COPFS in the first instance? All of the above was reported by me to you at the time and then later publicised in the public domain by Robert Black straight after the August meeting (see: http://lockerbiecase.blogspot.co.uk/2013/08/report-on-meetings-with-investigators.html). You will also find our latest press release on the matter here: http://lockerbiecase.blogspot.co.uk/2013/09/megrahi-campaigners-respond-to-public.html.

Further to the above, I should inform you all that JFM is currently in the midst of rather delicate discussions with the International Association of Prosecutors (IAP). The text of our initial letter to the IAP Secretary General, Mr Kuipers, is available in its redacted form here: http://www.scottish.parliament.uk/S4_JusticeCommittee/General%20Documents/20130919_Report_to_IAP.pdf (page 2 to end).

Lord Advocate and Justice Secretary reported to UN International Association of Prosecutors

[What follows is the text of a press release issued yesterday night by Justice for Megrahi:]

In an unprecedented move, Scotland’s Justice Secretary Kenny MacAskill and the Lord Advocate Frank Mulholland have been reported to the United Nations International Association of Prosecutors (IAP) by the Justice for Megrahi Group (JfM).

The group is challenging the objectivity and independence of the ongoing investigations into serious criminal allegations against the Crown Office and Police over their handling of the Lockerbie atrocity.

Justice for Megrahi has informed the Scottish Parliament’s Justice Committee of its decision and has also informed the Committee that the Crown Office has ordered the Police to stop investigating three of the most serious of these allegations.

The new move is part of JfM’s ongoing campaign for an independent inquiry into the 2001 Kamp Zeist conviction of Abdelbaset Ali Mohmed Al-Megrahi for the bombing of Pan Am flight 103 in December 1988.

The Justice Committee will consider its submissions later today (Tuesday 24 September 2013).

In furtherance of its Petition PE 1370, Justice for Megrahi has updated the Justice Committee on two recent developments related to their petition.

*        JFM has lodged formal complaints with the United Nations International Association of Prosecutors (IAP) against the Lord Advocate, Mr Mulholland, and the Scottish Cabinet Secretary for Justice, Mr MacAskill, for flouting sections 1, 2, 3 and 4 of IAP’s Standards of Professional Responsibilities and Statement of Essential Duties and Rights of Prosecutors.

*        The Crown Office has ordered Dumfries and Galloway police not to investigate three of the 8 criminal allegations recently made against the Crown  Office, Police and others involved in the original ‘Lockerbie’ investigation.

In a submission to the Justice Committee Robert Forrester, Secretary of the JfM group, states:

“At a time when there is growing concern about the Crown Office and police handling of the whole Lockerbie enquiry, this latest international complaint makes it even more important that our petition remains a live issue within the Scottish Parliament.

“Not only are the Crown Office and police engaged in acting in their own interest by investigating the 8 criminal allegations we have made against them and others but, as we informed you in a previous submission, the Crown office has, without explanation, ordered the police to stop investigating  3 of the most central allegations.

“As the 25th anniversary of the Lockerbie tragedy approaches, the Scottish Government has apparently washed its hands of any responsibility for further action in relation to our concerns.

“It is therefore of paramount importance that this affair remains a live issue within the Scottish Parliament and that the Justice Committee continues in its duty to ‘scrutinise the policies and performance of the Scottish Government and its agencies in matters related to justice’ and ensures that this massive stain on our justice system is not buried in the cause of the unaccountable self-interest of our major prosecution agencies.”

NOTES FOR EDITORS

1          The report to IAP concerns the Scottish Justice Directorate's and Crown Office’s flouting of sections 1 through to 4 of the IAP's Standards of Professional Responsibilities and Statement of Essential Duties and Rights of Prosecutors; link herewith for info:

http://www.iap-association.org/ressources/Standards_English.pdf

2          10.15 hrs Tuesday 24 September: Scottish Parliament Committee Room 1 – Justice Committee meets to consider the above and other matters associated with their Petition PE1370.

The petition should  be considered some time after 10.30 am. Members of the Justice for Megrahi Committee and its signatory membership will attend the meeting and will be available for interview in the Parliament’s main reception area after the meeting.

[The story has been picked up on a number of news media websites, including that of the Belfast Telegraph whose report also contains the following official responses:

'A Scottish Government spokeswoman said: "Mr al-Megrahi was convicted in a court of law and the Scottish ministers are clear that a court is the only appropriate forum for considering all the evidence in the case and determining his guilt or innocence. Following consideration of all relevant matters, only a criminal court has the power to either uphold or overturn Mr al-Megrahi's conviction."

'A Crown Office spokesman said allegations made by Justice for Megrahi are being considered by Deputy Chief Constable Patrick Shearer, the former top police officer in the old Dumfries and Galloway Constabulary.']

Documents for Justice Committee Megrahi meeting

The meeting of the Scottish Parliament’s Justice Committee at which Justice for Megrahi’s petition (PE 1370) will be considered is due to start at 10.00 on Tuesday, 24 September, in Committee Room 1.  For those unable to be present at Holyrood, the proceedings will be broadcast on Scottish Parliament TV. 

The following documents will be before the committee:

Submission from JFM-

http://www.scottish.parliament.uk/S4_JusticeCommittee/General%20Documents/20130823_Petitioners_submission.pdf

Letters exchanged between committee convener and JFM-

http://www.scottish.parliament.uk/S4_JusticeCommittee/General%20Documents/20130905_CG_to_JFM.pdf

and

http://www.scottish.parliament.uk/S4_JusticeCommittee/General%20Documents/20130907_JFM_to_CG.pdf

Supplementary submission from JFM-

https://docs.google.com/file/d/1vl_mF8EbMlXo2gJRz_cGjx1FdhVHV_KNU02gIJ2hJfx1_IiiX6WafzkTjqFK/edit

If these links do not work for you (and I know that some readers are encountering problems) Robert Forrester has posted links that do work on the Friends of Justice for Megrahi Facebook page.

Justice Committee to resume consideration of Megrahi petition

The Scottish Parliament's Justice Committee at its meeting on 24 September 2013 will resume consideration of Justice for Megrahi's petition (PE 1370) calling on the Scottish Parliament to urge the Scottish Government to open an independent inquiry into the 2001 Kamp van Zeist conviction of Abdelbaset Ali Mohmed al-Megrahi for the bombing of Pan Am flight 103 in December 1988. Further details will be posted here once they become available. 

A synopsis of the Justice Committee's dealings with the petition can be found here; and the report by JFM secretary Robert Forrester on the last relevant meeting of the committee can be found here.

Living in the shadow of Lockerbie

[This is the headline over a long profile by Michael Russell of Dr Jim Swire which appeared yesterday on the website of the West Highland Free Press. It is full of fascinating information about his life and family background.  The passages that follow are those that relate to the Lockerbie affair:]

Obviously, inevitably, we talk about Lockerbie. Since losing his beloved daughter Flora in that atrocity almost 25 years ago, Dr Jim Swire has thought about little else.

“It has been difficult, but I try to keep my campaigning on Lockerbie within certain bounds,” he tells me at the family’s home-from-home in Orbost, north Skye. “I have to try to remain a human being, in spite of all this.”

That effort involves regular breaks at Leobost, the house that Jim built in the 1970s in an area where he spent a much of his childhood. (...)

After Eton, it was off on national service and his first brush with terrorism.

“I was sent out to Cyprus and the Greeks under Archbishop Makarios were killing British soldiers whenever they could. I saw what happened to morale in our regiment when someone was killed. Our sympathies were with the Turks so when I was on night patrol you went to the Turkish part — it was safe there.”

Talk of terrorism brings Lockerbie to Jim’s mind; I suspect it’s always there, waiting to erupt.  We spend the next 10 minutes discussing timers, break-ins, and geopolitics.

To summarise a horrendous quarter-century of heartbreak, struggle and dogged persistence is, on the face of it, quite simple. Libyan Abdelbaset al-Megrahi didn’t plant the bomb onboard Pan Am Flight 103 — Iranian proxies did, in revenge for the shooting down earlier in 1988 of an Iranian airliner.

Jim’s own journey has taken him from being a “cloth cap-doffing member of the establishment” to having no faith whatsoever in politicians or the judicial system. And behind it all he still misses his daughter.

“She really was a smasher,” he says. “She loved Skye. She came up here on holiday at every opportunity and would go cycling round the island. And when I think of her joking and laughing, walking down through the departure gate, not knowing that just a few hours before there was a break-in at the airport…”

He stops himself before he gets too upset. (...)

In the early 1960s, after achieving the necessary A level grades in evening classes, Jim went to medical school in Birmingham.

“I wanted to do something that benefited humanity. I wanted to use my manual skills and people skills, which weren’t that bright because of my strange, lonely upbringing here. I led a very isolated childhood. I enjoyed it in my own way but it left me not a natural mixer.

“But medicine was perfect because in a medical situation you get people coming to see you because they want some skill that you have got so you don’t need the normal meeting skills  as the situation is already structured for you. The role is already cast for you, and I made some good friends through it.”

His first and only practice as a GP was in Bromsgrove, just a few miles south of Birmingham. This is where Jim and Jane have their permanent home. Their remaining children, William and Catherine, live near Edinburgh and Malvern, Worcestershire, respectively and have children of their own.

In 1991 Jim left the Bromsgrove practice and the medical profession when Lockerbie — first as he tried to bring the Libyans to justice, and then as a post-verdict convert — took over his life. He thinks, however, that his time in the front line of campaigning is drawing to a close.

“We’ll see what happens with e-petition 1370,” he says. “It’s in the hands of the Justice For Megrahi group now.”

Jim hinted that a major revelation would coincide with this December’s 25th anniversary of the bombing. Perhaps he’ll finally be able to lay the past to rest before too long.

JFM secretary's report on Justice Committee consideration of Megrahi petition

[What follows is the report by Justice for Megrahi’s secretary, Robert Forrester, on the Scottish Parliament Justice Committee’s consideration of JFM’s petition on 4 June:]

Most of you will already be aware of Tuesday's result, however, for those who do not, I enclose here various links to the event to put you in the picture. In brief, again, the Justice Committee is to be thanked for maintaining the status of our petition, PE 1370, as open. Moreover, they are also to be thanked for agreeing to write to both the Justice Directorate and the Crown Office on our behalf in order to establish a variety of factual information relating to the allegations we have lodged with Police Scotland. I will not go into the details of this here since it is all contained in our submissions to the Justice Committee and is self evident in the Committee's official report.

Clearly this is a positive result, however, and if not too late, the JFM Committee would like to enquire of the Justice Committee whether or not the letter to the Justice Directorate could be made a little more specific. Our feeling is that the form of the question is somewhat open in that it does not specify the laws that we have quoted as being the ones which provide the government with the power to farm out our allegations to an independent investigator: this being of particular relevance here where Mr MacAskill has, by offering us no alternative but to lodge our allegations with Police Scotland, created extraordinary and highly dubious circumstances in which the Crown Office and Police Scotland have become investigator, judge, jury and accused all rolled into one. Whilst there is a directness and simplicity to the from of words chosen by the Justice Committee in the letter, Mr MacAskill has a record of saying 'I 'beg to differ with JFM' in the interpretation of law. This occurred when we gave evidence on the Punishment and Review Act (shortly before the publication of the Statement of Reasons for Mr Megrahi's second appeal in The Herald). The fact is that his interpretation of the law was wrong then because the Scotland Act superseded the Data Protection Act, and Westminster had not seen fit to include the Data Protection Act in the Scotland Act as a reserved issue, therefore, the issue of its being raised at all with Westminster was indeed a red herring, as we said at the time. Nonetheless, and despite the fact that The Herald's actions rendered the whole business redundant, he got away with it on the day. We will be writing to the Justice Committee to see if it is possible to modify this current letter to the Justice Directorate, and I will inform you of the result as soon as I know it.

In the meantime, see here below the relevant links covering the Justice Committee's consideration of PE 1370. I have also included a link to an interview given by James Robertson immediately after the hearing. James's most recent novel, The Professor of Truth was launched in Edinburgh on Thursday to a packed house, and has been receiving enthusiastic and very well-deserved reviews. James has been extremely courageous with this work: a book which, whilst it stands firmly on its own two feet without the references to actual events, quite obviously poses a significant challenge for the author simply because it does have these associations. I strongly recommend it to you all.

The committee wishes to thank both Tessa Ransford and James for joining us at the hearing on Tuesday, and to all of you for your constant support. 

Parliament PE 1370 general references page:

http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees/44107.aspx

Parliament TV broadcast of 4th June JC consideration of PE 1370:

http://www.scottish.parliament.uk/newsandmediacentre/41408.aspx

JC official report:

http://www.scottish.parliament.uk/parliamentarybusiness/28862.aspx?r=8193

Letter from JC to JD:

http://www.scottish.parliament.uk/S4_JusticeCommittee/Inquiries/20130606_CG_to_Cab_sec.pdf

Letter from JC to COPFS

http://www.scottish.parliament.uk/S4_JusticeCommittee/Inquiries/20130606_CG_to_Crown_Agent.pdf

James Robertson BBC interview immediately subsequent to 4th June JC consideration of PE 1370:

http://www.bbc.co.uk/iplayer/episode/b0210pmg/The_Culture_Studio_with_Janice_Forsyth_04_06_2013/

Minutes and Official Report of Justice Committee consideration of Megrahi petition

The minutes of the meeting of the Scottish Parliament Justice Committee held on 4 June contain the following (agenda item 5):  

“The Committee considered (...) current petitions and agreed in relation to Petition PE 1370 by Justice for Megrahi calling on the Scottish Parliament to urge the Scottish Government to open an independent inquiry into the 2001 Kamp van Zeist conviction of Abdelbaset Ali Mohmed al-Megrahi for the bombing of Pan Am flight 103 in December 1988, to keep the petition open and to write to the Scottish Government and the Crown Office and Procurator Fiscal Service seeking further information on issues raised by the petition”. 

The Official Report (Hansard) of the committee’s discussion of the petition can be read here (columns 2961 to 2964).  I would wish to draw particular attention to the contributions of John Finnie MSP.

Scottish Parliament Justice Committee keeps Megrahi petition open

[On my return to Edinburgh after a forty-five hour journey from a snowy Roggeveld, the only report that I can find on yesterday’s consideration by the Scottish Parliament Justice Committee of Justice for Megrahi’s petition (PE 1370) is the following item in today’s edition of The Herald:]

Holyrood’s Justice Committee has asked ministers to report back on their powers to appoint an independent investigator to look into the Megrahi conviction for the Lockerbie bombing.

The move, which stops short of the full demand for a public inquiry sought in a petition by the Justice for Megrahi campaign, keeps the issue going.

The committee also asked what resources were being committed to investigating the allegations of the Justice for Megrahi Campaign, whether there was a full on-going investigation and whether the Crown Office had actually instructed the police to carry out inquiries.

Each of these demands were seen as a way of keeping the pressure up for the issue to be investigated. 

[Among the supporters of Justice for Megrahi who attended the Justice Committee meeting was James Robertson.  Immediately thereafter he rushed across the road to the BBC Radio Scotland studios where he was interviewed for about twenty minutes on Janice Forsyth’s The Culture Studio.  This can be heard here (starting at about 28 minutes in).]

Justice Committee to consider Justice for Megrahi petition on 4 June

[The Scottish Parliament’s Justice Committee will be considering Justice for Megrahi’s petition (PE 1370) calling on the Scottish Government to institute an independent inquiry into the Lockerbie investigation, prosecution and conviction at its meeting on Tuesday, 4 June at 09.45 in Committee Room 2 (agenda item 5). The proceedings will be viewable here. Members of the Justice for Megrahi campaign group will be present at the meeting (but not me: I'll be wending my way back from the Roggeveld Karoo to Edinburgh). 

A paper by the Justice Committee’s clerk reads as follows:]

Background

1. Petition PE1370 by Justice for Megrahi (JFM) calls on the Scottish Parliament to urge the Scottish Government to open an independent inquiry into the 2001 Kamp van Zeist conviction of Abdelbaset Ali Mohmed al-Megrahi for the bombing of Pan Am flight 103 in December 1988.

2. The petition was lodged on 1 November 2010. The petition was carried over to Session 4 and on 28 June 2011, the new Public Petitions Committee referred it to the Justice Committee for further consideration.

3. The Justice Committee last considered the petition at its meeting on 11 December 2012 where it agreed to keep the petition open pending allegations against the Crown Office and the police being investigated. 

Recent Submissions

4. The petitioners have provided the Committee with an update on the complaints they have raised against the Crown Office and Procurator Fiscal Service (COPFS) and the police. The published versions are attached to this paper as an Annexe. Clerks have circulated the unredacted submissions to the Committee.

5. JFM’s submissions give accounts of their recent interaction and correspondence with the Scottish Government, COPFS and the police.

Justice Directorate of the Scottish Government

6. JFM believes that without an independent inquiry into their allegations, there is a conflict of interest where Police Scotland and COPFS are investigating complaints against themselves.

7. JFM’s submissions indicate that it has asked for an independent investigator to be appointed to look into their allegations against the COPFS and police. It believes that the Scottish Government has powers, under the Inquiries Act 2005, to appoint an independent investigator.

8. The Committee is asked by JFM to write to the Scottish Government to ascertain whether it accepts JFM’s assertion that it has the powers under the Inquiries Act 2005 (or any other Act or common law) to appoint an independent investigator and, if so, whether it would be willing to do so to investigate JFM’s allegations.

Crown Office and Procurator Fiscal Service

9. JFM also has expressed concerns about how it has been portrayed in the press by the Lord Advocate while considerations of their allegations were being considered.

10. JFM requests that the Committee writes to COPFS to ask for comment or further information on the following points:

a. whether it will account for the public criticism of JFM when a

police investigation of their allegations were imminent;

b. what resources have been allocated to the investigation of JFM’s

allegations;

c. whether it will keep JFM informed of developments in the

investigation of their allegations; and

d. whether it has instructed the police on how to proceed with the

investigation into JFM’s allegations.

11. If the Committee agrees to write to COPFS, it is invited to consider whether it wishes to raise all or only some of the above points with COPFS. 

Police

12. JFM’s allegations are being taken forward by the police and investigations are ongoing. Supplement 1 (pages 9 and 10 of this paper) to the petitioners’ submission gives an account of a meeting with former Chief Constable Shearer, who is heading up the investigation for Police Scotland. 

Possible options for action

13. The Committee is invited to consider the petition and agree a course of action:

a. whether to keep the petition open or not;

b. whether to write to the Scottish Government on behalf of the petitioners asking for comments on its powers to appoint an independent investigator into JFM’s allegations; and

c. whether to write to COPFS on behalf of the petitioners and in what terms to do so.

[A Justice for Megrahi press release issued today contains the following:]

The petition should  be considered at approximately mid-day. Dr Jim Swire, Robert Forrester, Iain McKie, Tessa Ransford OBE, James Robertson and other members of the  ‘Justice for Megrahi’ Committee and its signatory membership will attend the meeting and will be  available for interview in the Parliament’s main reception area after the meeting. 

Justice for Megrahi in their most recent submission to the Justice Committee in respect of petition PE 1370, state:

‘The manner in which the Justice Directorate and the Crown Office are currently dealing with our entreaties is something which ought to be of deep concern to anyone who today falls under Scottish jurisdiction. We believe that the Justice Committee members understand that it is not the allegations themselves that is their direct concern but the arrogant, prejudicial and unaccountable manner in which they are being dealt with. We believe it is the committee’s duty to ensure that issues of confidentiality, public officials acting in their own interests, prejudgment of our allegations and the maintenance of equity and accountability are examined. Only the Justice Committee can protect the public interest when complainers like ourselves are subjected to such oppressive conduct at the hands of the state.’