Lockerbie relative: Grieve MH17 through love, not revenge

[This is the headline over an article by Dr Jim Swire published today on the CNN website. It reads as follows:]

Editor's note: Jim Swire is the father of Flora, who was one of the 270 victims of the bombing of Pan Am Flight 103 over the Scottish town of Lockerbie in 1988. The views expressed in this commentary are solely those of the author.

The first question for many relatives of the victims of MH17, as for us after Lockerbie, will be whether their loved ones suffered.

Explosive decompression of an aircraft fuselage at 35,000 feet will cause almost instantaneous loss of consciousness. Explosive decompression is a terribly apt phrase.

If it turns out to be true that MH17 was hit by a Buk Soviet-era SA missile, their warheads contain about 140 times the explosive in the PA 103 bomb. It seems impossible therefore that anyone aboard could have remained aware to suffer in the aftermath.

The essence of the tragedy of MH17 is the suffering of the relatives. Some will need to view the bodies of those they lost. Surely they deserve security to say their last farewells. They should have that option. Bodies need to be treated with respect and precision of identification.

I believe that in the case of MH17 the United Nations should also oversee immediate sending of an international team of investigators, covered by force if necessary, to ensure that relatives' needs, the bodies themselves and the evidence field are protected. It is already very late, but not too late. There has already been looting, abhorrent to relatives, there is something particularly unsavory about the thought of unauthorised interference with bodies, or indeed personal effects of the dead.

There will now be some uncertainty about the evidential material on site. Maybe the U.N. should in future have a standby arrangement for immediate deployment of such an international "sterilizing force." Even in the case of Lockerbie, evidence emerged in court of improper interference with potentially evidential material on the crash site within Scotland.

In the UK we found that a relatives' group predicated on the concept of allowing everyone to grieve in their own way, but always there to support its members, helped. The humanist, highly caring, relative co-ordinating our group cannot know how many of us she has helped through her dedication and skills.

One of the most difficult yet most rewarding aspects of Christ's philosophy was to extend love to others even when they seem to be your enemy. We have witnessed the bitterness and personal destruction that can spring from rampant lust for revenge.

Lust for revenge is natural, but self-defeating, for the consequence of revenge is so often further revenge. Nor does it even bring peace of mind to the avenger. Of course we condemn the actions of perpetrators and would rightly have them punished for what they have done, but we don't have to hate the perpetrators themselves. Imprisoned, they may emerge one day to do good.

The late Nelson Mandela and Archbishop Desmond Tutu helped to create the Truth and Reconciliation Commission. That concept can only work if truth precedes the attempts at reconciliation. Truth may become a fickle wraith for families to pursue through the labyrinth of International politics. It was Mandela too who publicly warned, long before the trial of those accused by the U.S. and UK of responsibility for Lockerbie, that: "No one country should be complainant, prosecutor and judge."

The West ignored this warning.

It is perhaps significant that the Netherlands, which lost far more citizens in MH17 than any other country, finds herself already the home of the International Criminal Court.

Powerful governments have powerful means of controlling what we know and believe. International courts should be immune to that. Perversely it was the evidence produced at the Lockerbie trial in Zeist, Holland, which confirmed for some that Moammar Gaddafi's Libya was responsible.

But for other close watchers, there were doubts there which have now greatly increased and led 25 UK Lockerbie relatives, together with members of the family of the one Libyan found guilty, recently to lodge a request for a third appeal against the Zeist verdict with Scotland's Criminal Case Review Commission.

Nowadays we have a better route, through the International Criminal Court, and what those of us who are not MH17 relatives should do is to monitor and encourage all efforts to pass the whole known truth to the MH17 relatives and to discover and detain those responsible. It is no coincidence that Holland already hosts the ICC, for that nation's record in support of international justice is outstanding.

MH17 relatives may also find help from the small UK charity Disaster Action. This cannot deal with so huge a tragedy directly but carries within it wisdom distilled from Lockerbie and other tragedies.

Justice For Megrahi committee put Salmond on the spot

[This is the headline over an article just published on the website of Scottish lawyers' magazine The Firm. It reads as follows:]

The Justice for Megrahi Committee, the group who have garnered an international coalition of signatories to a petition calling for a full investigation of the Pan Am 103 event and its aftermath, have written to the First Minister querying his refusal to sign their petition, accusing him of raising "more questions than answers" in his response to the invitation.

"Albeit that he has declined offer, we accept his decision. However, the message delivered by the Scottish Government’s spokesman in response to the invitation raises more questions than it answers insofar as it comes across as confusing and contradictory," the group said.

The committee, who have gathered signatories to their cause as diverse as Archbishop Desmond Tutu, John Pilger, Professor Noam Chomsky, Kate Adie and Parliamentarians Tam Dalyell and Sir Teddy Taylor, have asked Salmond to respond to six questions raised by the response submitted to them in Salmond's name, in which he appears to contradict his earlier position that he was willing to take part in an inquiry into the Pan Am 103 event, the discredited trial and the debacle surrounding Megrahi's release.

"Mr Salmond continues to maintain his stance that the Scottish Government is satisfied with the safety of Mr al-Megrahi’s conviction, thus setting himself squarely against the findings of the Scottish Criminal Cases Review Commission (SCCRC) in their referral of the case to the Court of Appeal," the group said.

"He does, however, state that he would co-operate fully with an inquiry by an independent authority such as the United Nations.

"Further to this, according to the Scottish Government’s spokesman, despite confidence in the safety of the verdict, “there remain concerns on the wider issues of the Lockerbie atrocity.” If these “concerns” differ from those of JFM’s, what are they? JFM would very much like the Scottish Government to clarify which “concerns” it is alluding to.

"Mr Salmond also consistently contends, as has been reiterated via the Scottish Government’s spokesman in response to the JFM invitation, that “the questions to be asked and answered in any such inquiry would be beyond the jurisdiction of Scots Law and the remit of the Scottish Government, and such an inquiry would, therefore, need to be initiated by those with the required power and authority to deal with an issue, international in its nature.”

"With the greatest respect, JFM disputes this. The international nature of the event was not such an impediment when it came to trying Messrs al-Megrahi and Fhimah at Zeist in the first instance, was it? What then is the obstruction now, when it comes to opening a Holyrood inquiry into the safety of a verdict reached under Scots Law?"

The Justice for Megrahi committee's membership includes Dr Jim Swire and Professor Robert Black QC, whose guidance on these matters allowed the international trial to be convened in the Netherlands under Scots law.

"JFM and its signatories seek clarification on the questions raised here resultant from the statement delivered by the Scottish Government’s spokesman. We list the questions below for Mr Salmond’s convenience.

"The questions:

-What are the wider concerns over the Lockerbie case as mentioned in the Scottish Government spokesman’s statement?

-Does the Scottish Government have the authority to set up inquiries?

-If the answer to question 2 is in the negative, under whose auspices was the 2003 inquiry into the Scottish Parliament building project, headed by Lord Fraser of Carmyllie, set up?

-If the answer to question 2 is in the negative, is, therefore, the judiciary of Scotland sacrosanct and beyond the scrutiny of the people of Scotland, who pay for it?

-Is the First Minister going to lobby Westminster to request that either UN General Assembly or the Security Council set up an inquiry into the Lockerbie case?

-Given that such a considerable quantity of the evidence required for such inquiry falls under Scottish jurisdiction, what precisely is preventing the Scottish Government from opening an inquiry into the evidence already available to it?"

The full letter to Salmond can be read here.

[As regards question 2, I -- in my wonted spirit of helpfulness -- suggest that the First Minister and his advisers start researching their answer by consulting the Inquiries Act 2005 (c12), particularly sections 1, 27, 28 and 32.

The coverage of this story on the Newsnet Scotland website can be accessed here.]

The Lockerbie convict's new war

[This is the headline over an article by William Underhill published yesterday night on the website of The Daily Beast. It reads in part:]

Now the collapse of the Gaddafi regime has brought calls for Megrahi’s extradition to the United States or his return to prison in Libya.

For a vocal lobby in Washington, his freedom—and continuing survival—represent an affront that can at last be addressed. In the words of Sen Kirsten Gillibrand: “Seeing him participate in good health at a pro-Gaddafi rally recently was another slap in the face not just for the families of the Lockerbie victims but for all Americans and for all nations of the world who are committed to bringing terrorists to justice.”

A tad overstated? Such rhetoric certainly won’t find universal support in Britain. Megrahi is far from friendless back in Scotland, where Pan Am flight 103 crashed in 1988 killing 270 passengers and residents of the small town of Lockerbie. Campaigners convinced of his innocence are pressing the Scottish parliament for an inquiry leading to a possible appeal that would clear Megrahi’s name.

And the roll-call of big-name supporters for the Justice for Megrahi group can’t be easily ignored. On the list: Nobel Peace Prize winner Archbishop Desmond Tutu; the head of the Catholic Church in Scotland, Cardinal Keith O’Brien; Jim Swire, the parent of a Lockerbie victim, and Professor Robert Black, the lawyer who devised the special court which tried Megrahi in the Netherlands in 2001.

One more backer, the leading lawyer Ian Hamilton, has blogged: “I don't think there's a lawyer in Scotland who now believes Mr. Megrahi was justly convicted."

The group insists there’s no case for extradition on legal grounds. Says Robert Forrester, secretary of the campaign: “Mr. Megrahi is a Scots prisoner released under license and still falls under Scots jurisdiction therefore and neither Washington nor Westminster has any jurisdiction under Scots law.” But he concedes that politics may determine his fate. “The man should be left alone to continue with his medical treatment but he has become such a pawn that I can’t believe that is going to happen.”

If the evidence was so flawed, why was Megrahi convicted?

[What follows is the text of an article published on the Daily Beast website on this date (BST) in 2011:]

There’s fresh trouble for Abdelbaset al-Megrahi. Amid a clamor of criticism, the Libyan convicted of the Lockerbie bombing was released from a Scottish jail two years ago, allowed home on compassionate grounds. After a diagnosis of terminal prostate cancer, he had been given just three months to live. Now the collapse of the Gaddafi regime has brought calls for Megrahi’s extradition to the United States or his return to prison in Libya.

For a vocal lobby in Washington, his freedom—and continuing survival—represent an affront that can at last be addressed. In the words of Sen. Kirsten Gillibrand: “Seeing him participate in good health at a pro-Gaddafi rally recently was another slap in the face not just for the families of the Lockerbie victims but for all Americans and for all nations of the world who are committed to bringing terrorists to justice.”

A tad overstated? Such rhetoric certainly won’t find universal support in Britain. Megrahi is far from friendless back in Scotland, where Pan Am flight 103 crashed in 1988 killing 270 passengers and residents of the small town of Lockerbie. Campaigners convinced of his innocence are pressing the Scottish parliament for an inquiry leading to a possible appeal that would clear Megrahi’s name.

And the roll-call of big-name supporters for the Justice for Megrahi group can’t be easily ignored. On the list: Nobel Peace Prize winner Archbishop Desmond Tutu; the head of the Catholic Church in Scotland, Cardinal Keith O’Brien; Jim Swire, the parent of a Lockerbie victim, and Professor Robert Black, the lawyer who devised the special court which tried Megrahi in the Netherlands in 2001.

One more backer, the leading lawyer Ian Hamilton, has blogged: “I don’t think there’s a lawyer in Scotland who now believes Mr. Megrahi was justly convicted."

The group insists there’s no case for extradition on legal grounds. Says Robert Forrester, secretary of the campaign: “Mr. Megrahi is a Scots prisoner released under license and still falls under Scots jurisdiction therefore and neither Washington nor Westminster has any jurisdiction under Scots law.” But he concedes that politics may determine his fate. “The man should be left alone to continue with his medical treatment but he has become such a pawn that I can’t believe that is going to happen.”

Campaigners have long fought to highlight what they see as serious flaws in the case against Megrahi, the only person ever convicted over the bombing. They point in particular to the contradictory testimony of the prosecution’s star witness, Maltese shopkeeper Tony Gauci, who claims to have sold Megrahi the clothes packed in the suitcase that carried the bomb. Gauci reportedly received a $2 million reward from the U.S. for giving evidence. Megrahi abandoned an appeal against his conviction so as to ease his release in 2009.

One frustration, says Forrester, is that the facts of the case are so little known to the public. “The problem is that so many people come to this from a basis of ignorance. We end up having arguments with people in the pro-trial camp who haven’t read the transcript or even the judgment.”

His own involvement dates from a chance encounter with a Libyan neighbor in Glasgow who needed help to start his car. Through his new acquaintance, Forrester, a retired language teacher who has worked in the Middle East, was asked to proofread a letter on behalf of a Libyan student group in the city to Scottish First Minister Alex Salmond calling for the Megrahi’s release on compassionate grounds.

If the evidence was so flawed, why was Megrahi convicted? Forrester won’t endorse conspiracy theories or suggestions of political interference, but he’s ready to speculate on unconscious motives. “This was the most high-profile case ever to come before a Scots court. Perhaps at the back of the mind of the judges was ‘if we can’t get any conviction out of this incredibly high profile trial of this it will be hugely embarrassing.’ If ever the case returns to court, acquittal could prove far more embarrassing.

Megrahi dossier pledge

[What follow are excerpts from an article on page 17 of today's edition of The Sunday Post. It does not feature on the newspaper's website unless, perhaps, you are a subscriber, which I am not.]

The Lockerbie bomber is to pass a shattering dossier of evidence to campaigners fighting to clear his name.

Dr Jim Swire ... has revealed Abdelbaset al-Megrahi has pledged to give him a folder of information the Libyan claims will crush his conviction.

Dr Swire believes Megrahi ... made the promise because he feels guilty about letting down relatives who want answers about the case.

The campaigner says Megrahi regrets denying them the chance to hear evidence of a potential miscarriage of justice when he dropped his appeal before he was freed on compassionate grounds last year.

Megrahi made the pledge last month as Dr Swire sat by his hospital bed in Libya.

Now Dr Swire hopes the dossier will boost his plans to re-launch Megrahi's appeal after his death.

Dr Swire ... said, "He promised that there is a folder, which he thinks would destroy the verdict once and forever, which will be made available to me at a later date.

"I didn't like to firm it up with him and he didn't say so in so many words, but I think he meant that when he dies this folder will be passed to me. (...)"

Dr Swire says he didn't know why Megrahi had decided to drop his appeal but he detected he was in anguish over the move.

He said, "Talking as two men who'd met before and had a common cause, I got the vibe that he felt guilty.

"Not about having caused Lockerbie -- he denies that as resolutely as ever. What he was feeling guilty about was having withdrawn his appeal.

"I think telling me that there was a folder waiting for me one day was his way of soothing his conscience because he knew very well that the withdrawal was a blow to people like me who are seeking the truth."

Dr Swire has previously said he's been given legal advice indicating it would be possible for him to lead an appeal over Megrahi's conviction after his death.

He said, "If we're granted permission to restart the appeal we'd want as much information as possible, including whatever it is that Baset has got squirreled away to give to me."

Dr Swire's revelations come as he and other campaigners in the group Justice for Megrahi launched a petition at the Scottish Parliament, calling for an independent inquiry into Lockerbie.

The group includes Lockerbie relatives, Archbishop Desmond Tutu, TV journalist Kate Adie, retired politician Tam Dalyell and Professor Robert Black (...)

Dr Swire said, "We have over 1000 signatures after a week but we need more people to sign before the deadline of October 28."

Lockerbie: Fact and Fiction

[Dr Morag Kerr’s overview of the Lockerbie case has now been published as a booklet with the title Lockerbie: Fact and Fiction.  The booklet can be read online here.  A copy has already been delivered to every Member of the Scottish Parliament and further distribution is in hand.  A covering letter written by Justice for Megrahi’s secretary, Robert Forrester, reads as follows:]

As it seared itself into the collective consciousness of all Scots, the destruction of Pan Am 103 above Lockerbie on 21st December 1988 left in its wake not just a host of devastated bereaved families and friends of the 270 victims, but also a number of unanswered questions.

Unfortunately, the subsequent investigation and legal process which resulted in the conviction of Abdelbaset al-Megrahi have compounded the issue rather than provided any resolution. Some very serious question marks now hang over the investigation, the conduct of the casand the conviction. These relate to non-disclosure by the Crown of material evidence; thpayment by the US authorities to witnesses; possible planting of evidence crucial to the conviction; flawed forensic evidence and suspect identification procedures.

Justice for Megrahi has therefore produced the enclosed booklet, Lockerbie: Fact and Fiction, in the hope that it will act as a primer or synopsis of the case which will both inform by exploring some of the basic questions surrounding it and in turn inspire the reader on to studying Lockerbie/Zeist in greater depth.

We have attempted to present the facts as we know and understand them. We hope that you will find it informative and that it will assist you in appreciating why we, like the SCCRC, believe that Mr al-Megrahi may well have suffered a miscarriage of justice and why we are campaigning for an independent inquiry into the case. We believe that our criminal justice system has suffered as a result of Mr al-Megrahi's conviction and that the time has come to set the record straight.

In our campaign we have the support of many world-renowned figures, academics, prominent journalists and people from all walks of life, including the Law Faculties of the Scottish Universities, the leader of the Roman Catholic Church in Scotland, Archbishop Desmond Tutu, MPs, MSPs, and leading members of the Bar.

Lockerbie: 25 years on - a message from Justice for Megrahi

[What follows is the text of a message sent yesterday to Justice for Megrahi  signatory members and supporters by JFM’s secretary, Robert Forrester:]

On 21 December 1988, Europe was subject to its most notorious peacetime assault. In a matter of moments, the Lockerbie atrocity took 270 lives. All our hearts go out in love and comradeship to those the victims left behind as they remember their losses of a quarter of a century ago.

At Kamp van Zeist in 2001, Abdelbaset al-Megrahi was convicted for the villainy behind Pan Am 103. In 2009, his second appeal supported by the Scottish Criminal Cases Review Commission (SCCRC) was dropped against a background of arguably dubious political double dealing which secured his repatriation to Libya and his family due to his terminal medical condition. He died in 2012, without having succeeded in clearing his name.

As one of the country’s most renowned political and legal figures has put it: “There is not a lawyer in Scotland who believes he was guilty.” In 2011, a leading Scottish newspaper’s poll found that 52% of Scots agreed there should be an independent inquiry into the Lockerbie bombing while 34% disagreed and 14% were unsure. A petition for an inquiry has been before the Scottish Parliament for three years now calling for such an inquiry. The petition continues to receive unanimous parliamentarian support.  Allegations of criminality against police, forensic and Crown officials have been sidelined by the Scottish police and the Crown Office since August of this year because it is claimed that the allegations conflict with the Crown’s attempts to shore up the indefensible. Would the Crown Office, Police Scotland and the FBI be going on trips to Libya and Malta in their futile and secretive attempts to maintain the charade of implicating further Libyan nationals 25 years after the event were it not for the pressure they have found themselves under due to the overwhelming evidence presented by activists? Doubtful. What seems to be being presented is a cynical blind for public consumption.

Precisely how is justice being served by such intransigence as is being displayed by both the Crown Office and the Scottish Government? What kind of justice is it that produces more victims than it started with? Many good and honest folk firmly believe that justice has not been either done or seen to be done in this tragic case. There has been no completion, nor has there been any finality. A resolution is required.  The hearts and minds of the bereaved, the al-Megrahi family and all who invest their trust and faith in our justice system must be satisfied.

In the last few weeks another flood of information further undermines the Crown Office and Scottish Government position. The Foreign Minister of Malta has declared his profound doubts over the conviction. Documentary evidence has been revealed which proves that a key witness in the case against Mr. Megrahi was paid $2 million by the American authorities. This mounting evidence, on top of the evidence the SCCRC relied on for the basis of the second appeal, only serves to prove that our justice system has failed.

A third appeal must be referred. Methodical and persistent pressure can rectify the mistakes of dubious forensics, a bungled investigation and a misguided judgement. Something is seriously wrong in this case. Something seems deeply rotten in a state when public officials attempt to bluster their way out of having to deal with mass murder and a deranged court process to preserve a fantasy of reputation and as a result risk allowing those who may have committed this gross act to escape justice.

As the 25th anniversary of the Lockerbie tragedy approaches and the legacy of Nelson Mandela unfolds we demand no retribution or vengeance, we do not even seek to attribute blame, we simply ask that those who profess to serve justice do so without fear, favour or prejudice.

Signatory members of Justice for Megrahi

Ms Kate Adie (Former Chief News Correspondent for BBC News).

Mr John Ashton (Author of Scotland’s Shame and Megrahi: You are my Jury and Co- author of Cover Up of Convenience).

Mr Mikhail Basmadjian (Actor, Malta).

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 Birnberg Peirce & Partners).

Professor Robert Black QC (‘Architect’ of the Kamp van Zeist Trial).

Mr Christopher Brookmyre (Novelist).

Mr Paul Bull (Close friend of Bill Cadman: killed on Pan Am 103).

Ms Julia Calvert (Actress and creative director, Malta).

Mr Manuel Cauchi (Actor, Malta).

Professor Noam Chomsky (Human rights, social and political commentator).

Mr Tam Dalyell (UK MP: 1962-2005. Father of the House: 2001-2005).

Christina Dunwoodie (Soprano and opera director).

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 (Justice for Megrahi Committee).

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 (Justice for Megrahi Committee and author of Adequately Explained by Stupidity?).

Mr Andrew Killgore (Former US Ambassador to Qatar).

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).

Mr Alan Montanaro (Actor and drama school principal, Malta).

Rev’d John F Mosey (Father of Helga Mosey: victim of Pan Am 103).

Ms Denise Mulholland (Actress, Malta).

Mr Len Murray (Retired solicitor).

Mr Alan Paris (Actor and creative director, Malta).

Mr Denis Phipps (Aviation security expert).

Mr John Pilger (Campaigning human rights journalist).

Mr Steven Raeburn (Former editor of The Firm).

Dr Tessa Ransford OBE  (Poetry Practitioner and Adviser).

Mr James Robertson (Author).

Mr Mike Ross (Photographer and designer, Malta).

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. Shadow Secretary of State for Scotland).

Mr George Thomson (Private investigator).

Archbishop Desmond Tutu (Nobel Peace Prize Winner).

Mr Terry Waite CBE (Former envoy to the Archbishop of Canterbury and hostage negotiator).

Mr Simon Walker (Close friend of Joyce Dimauro: victim of 103).

Deceased members of Justice for Megrahi

Mr Moses Kungu (Lockerbie Councillor in 1988).

Mr Jock Thomson QC (Former police officer and senior prosecutor. Latterly criminal defence advocate).

Petition push for independent inquiry to get at the truth of the bombing of Pan Am flight 103

[This is the heading over a letter by Ruth Marr in today's edition of The Herald. It reads as follows:]

Hillary Clinton’s meddling in UK defence spending made it all the more refreshing to hear Kenny MacAskill declare that he is accountable only to the Holyrood Parliament (Salmond hits back at Senate on Megrahi “misinformation”, The Herald, October 16). Mr MacAskill deserves respect for standing firm throughout the Megrahi affair, upholding the principles of Scots law, and refusing to be bullied by the “might is right” pressure from the United States.

The parliament is a great example which many around the world would benefit from emulating. One of its strengths is its public petitions process, available to individuals and groups who wish to petition parliament. One has been opened by the group Justice For Megrahi, which includes Professor Robert Black, Desmond Tutu, Dr Jim Swire and other British Lockerbie relatives, lawyers, diplomats and aviation security experts. It calls on the parliament to urge the Scottish Government to open an independent inquiry into the conviction of Mr Megrahi for the bombing of Pan Am flight 103.

It is available for signing until October 28 by anyone – resident in Scotland or not. It can also be signed by text, and I would urge all concerned about what many consider a miscarriage of justice to access the petition via the Scottish Parliament’s website.

The victims’ families, including the Megrahis, need to know the facts about this most terrible tragedy, and they deserve the support of all who care about justice.

MSPs to press ministers for Lockerbie probe

[This is the heading over a report on the website of the Deadline Press & Picture Agency. It is the only detailed account that I have been able to find of this afternoon's hearing before the Holyrood Public Petitions Committee. It reads as follows:]

MSPs are to demand a detailed explanation from the Scottish Government of why they oppose an independent inquiry into the conviction of the Lockerbie bomber.

Leading campaigners today (Tue) presented the parliament’s petitions committee with more than 1,600 signatures backing the move.

Members of the Justice For Megrahi group (JFM) told MSPs a full, independent inquiry was the only way to restore the reputation of the Scottish legal system.

Libyan Abdelbaset al-Megrahi, who was convicted of the December 1988 bombing, dropped his second appeal and returned to his homeland after he was diagnosed with terminal cancer.

Members of JFM believe the unanswered questions about the case have left a dark shadow over the victims and Scottish legal system.

Canon Patrick Keegans, who was the local catholic priest in Lockerbie at the time of the disaster, said: “People have never found a full answer to Lockerbie and this will always be a source of distress.”

Keegans, who lived in Sherwood Crescent, part of which was obliterated by falling debris, said the case was about the “redemption of the Scottish justice system”.

He added: “We have been denied justice from the very beginning. I am very doubtful about the conviction of Megrahi. While doubt remains the victims are denied justice. What we need is the truth about Lockerbie.

Keegans, now the Canon in charge of St Margaret’s Cathedral, Ayr, said: “Obstacles have been put in our way by the Crown Office and by the judiciary. There seems to be a desire to put a lid on this and keep it there.”

“We need truth and we need justice to be at peace. Otherwise we are back in December 1988 in the darkness.”

Jim Swire, whose daughter, Flora, died in the bombing, said “the reputation of Scottish justice has been shot to pieces”.

He said only an impartial inquiry could rebuild that reputation. Swire said the original criminal investigation was run by Scottish police forces and involved Scottish lawyers. They were two obvious groups who might be interested in protecting their reputation, he added.

“Speaking as a relative who has been looking for the truth for 22 years I think it would be vital that any inquiry is seen to be led impartially. Such an inquiry would be of little value if it was deemed to be in any way limited by groups involved in the trial.

Swire said an inquiry “is the only way we will be able to heal the terrible wounds done to our justice system”.

Professor Robert Black, emeritus professor of Scots Law at Edinburgh University, said: “The fact of [Megrahi’s] conviction is being used as an excuse for not holding a wide ranging inquiry.”

Black refuted suggestions from one committee member that an inquiry would create a constitutional crisis by pitching government against judiciary.

He said: “We are asking the Scottish Government to set up an inquiry. The government cannot deny there is domestic and international concern. We are asking them to investigate these concerns.”

First Minister Alex Salmond has said he has confidence in the conviction of Megrahi.

After hearing today’s arguments, the committee agreed to write to the Scottish Government asking them to respond to the request for an independent inquiry.

The petition has already attracted the support of Cardinal Keith O’Brien, head of the Roman Catholic Church in Scotland, as well as Nobel Peace Prize winner Archbishop Desmond Tutu and Have I Got News for You? TV star Ian Hislop.

[Today's proceedings before the Public Petitions Committee can be viewed here.]

Justice Secretary under fire as bomber defies three-month prognosis

[This is the headline over a report in today's edition of The Times. It reads in part:]

Three months after he was released on compassionate grounds by the Scottish government, the Lockerbie bomber continues to defy predictions about the likely course of his illness.

When, on August 20, Kenny MacAskill, the Justice Secretary announced that Abdul Baset Ali al-Megrahi, 57, was suffering from terminal prostate cancer, he suggested that he had about three months left to live.

Yesterday, however, al-Megrahi, the only person to be convicted over the 1988 Pan Am flight 103 atrocity, which claimed 270 lives, was still fighting the illness in a Libyan hospital. The 12-week time span is crucial because only prisoners expected to survive three months or less are eligible for compassionate release.

Last night Mr MacAskill was under pressure again as victims’ relatives questioned his decision, and said they felt “hurt and betrayed”.

The Times understands that al-Megrahi remains a patient at the Tripoli Medical Centre, where he was admitted about ten days after he returned to Libya. Although sources were not able to say how ill he is, his family suggested that his prognosis was poor. His elder brother, Mohammed, said he was unable to comment on his health but confirmed he was “still in hospital taking heavy treatments”.

A Libyan official said that al-Megrahi’s will to live was probably stronger “in the bosom of his family than in a prison cell”, but emphasised: “The outcome is not in any doubt.”

A prominent British cancer specialist, who asked not to be named, said, “no one should be remotely surprised” that the Lockerbie bomber was still alive. Three months was merely the average life expectancy of someone with prostate cancer as advanced as al-Megrahi’s, he said. Some patients would live longer while others would die sooner.

Al-Megrahi has not been seen in public since September 9, when he was briefly taken into a conference room inside the hospital to meet a delegation of African Union parliamentarians. He was in a wheelchair, coughed repeatedly and said nothing during his ten-minute appearance. Observers said he looked very frail. (...)

Tony Kelly, al-Megrahi’s lawyer in Scotland, refused to comment on his client’s health. Under the terms of release, East Renfrewshire Council receives a monthly report from al-Megrahi’s doctors, and its criminal justice officials speak to him periodically by video link or telephone, but a council spokesman refused to discuss the bomber’s health.

Frank Duggan, president of Victims of Pan Am Flight 103, which represents US families, said he was not surprised that al-Megrahi lives on.

“We never believed he was as sick as he said he was,” he said. “They had been saying for over a year he had one foot in the grave.”

He said the families felt “hurt and betrayed” by the Scottish government and claimed that the Libyan’s survival would intensify those feelings.

Pamela Dix, of Woking, Surrey, whose brother Peter was killed in the attack, urged the authorities to provide more information about al-Megrahi’s condition. She said that speculation over his condition could detract from their efforts to force a public inquiry into the Lockerbie affair.

A spokeswoman for the Scottish government said: “The Justice Secretary made his decision taking into account a report dated August 10 from the Director of Health and Care for the Scottish Prison Service which indicated that a three-month prognosis was then a reasonable estimate.”

• Campaigners including Noam Chomsky and Archbishop Desmond Tutu have sent an open letter to the United Nations, calling for an extensive UN-run public inquiry into the Lockerbie bombing. The letter, addressed to the President of the General Assembly of the UN, says that the decision by al-Megrahi to drop his appeal before being freed on compassionate grounds ended “one of the last best hopes” of discovering the truth about the tragedy.

The Lockerbie bomber I know

[This is the headline over an article in today's edition of The Guardian. It reads in part:]

Two years ago Abdelbaset al-Megrahi was controversially released on the grounds he was about to die. But this shadowy figure has survived to become a pawn in the Libyan conflict. John Ashton, who has long believed in his innocence, describes the man behind the myth

It's an anniversary that the Scottish justice minister, Kenny MacAskill, will have long dreaded. Two years ago tomorrow MacAskill granted Abdelbaset al-Megrahi, AKA "the Lockerbie bomber", compassionate release from the life sentence he was serving for the murder of the 270 victims of the 1988 bombing. MacAskill had been advised that terminal cancer was likely to end the Libyan's life within the following three months: he had, in short, been "sent home to die". As Megrahi's recent appearance at a pro-Gaddafi rally reminded us, he has not stuck to the script.

The anniversary presents sections of the media with another opportunity to splutter its outrage at MacAskill's decision, and to resurrect the theory that it was driven by backroom deals rather than medical evidence. More seriously, for many of the relatives of the Lockerbie dead it adds an appalling insult to their already grievous injury.

But Megrahi's survival, and the Lockerbie case in general, now has far wider significance. For western governments struggling to justify why Libya should be singled out for enforced regime change, the issue has become a godsend. In recent weeks both Barack Obama and William Hague have tried to boost wilting public support for the war by highlighting Gaddafi's responsibility for the 1988 attack.

Libya's government-in-waiting, the National Transitional Council, has weighed in too. Its leader, Mustafa Abdel-Jalil, claimed in February that Gaddafi personally ordered the bombing, and its London PR company, Bell-Pottinger, followed up Hague's comments by circulating a claim by a leading cancer specialist that MacAskill's decision was based on flawed medical advice. [RB: This claim is repeated in an article published today on the BBC News website.]

There is, though, another view that is shared by many who have scrutinised the Lockerbie case. They hold that the true scandal was not Megrahi's release, but his 2001 conviction. The Justice for Megrahi campaign, founded in 2008, counts among its signatories Dr Jim Swire and Rev John Mosey, each of whom lost a daughter in the bombing, Archbishop Desmond Tutu and the head of the Catholic Church in Scotland, Cardinal Keith O'Brien. Another signatory, Scottish QC Ian Hamilton, last year blogged: "I don't think there's a lawyer in Scotland who now believes Mr Megrahi was justly convicted."

I go further than those lawyers: I am as certain as I can be that Megrahi is innocent. For three years until his return to Libya I worked as a researcher alongside his legal team and since then have been writing a book with him. I have read all his case files and have visited him many times, both in prison and in Tripoli. I'm one of a handful of people familiar with both the man and the evidence that convicted him.

It requires a book to explain all the flaws in that evidence. In 2007 the Scottish Criminal Cases Review Commission (SCCRC) granted Megrahi an appeal, having identified six possible grounds for overturning the conviction. Among these, remarkably, was that the original judgment, delivered by three Scottish judges at a specially constructed court in the Netherlands, was unreasonable. Four of the other grounds concerned the Crown's most important witness, a Maltese shopkeeper called Tony Gauci, in whose shop Megrahi allegedly bought the clothes that ended up in the same suitcase as the bomb. In 1991 he picked out Megrahi from a lineup of photos. The SCCRC discovered that before doing so he had expressed an interest in receiving a reward, and that after Megrahi's conviction the Scottish police secretly approached the US Department of Justice to secure a $2m payment. Gauci's evidence was, in any case, highly unreliable. His descriptions of the clothes purchaser all suggested the man was around 50 years old, 6ft tall and with dark skin, whereas Megrahi was 36, is 5ft 8in and has light skin. (...)

He was born in Tripoli in 1952, into poverty that was typical of the times in Libya. One of eight siblings, his family shared a house with two others, and his mother supplemented his father's customs officer's income by sewing for neighbours. As a young child he was plagued by chest problems, for which he received daily vitamin supplements at his Unesco-administered school. His main passion was football, which continues to absorb him.

After finishing school in 1970, he briefly trained as a marine engineer at Rumney Technical College in Cardiff, hoping to become a ship's captain or navigator. When his eyesight proved too poor, he dropped out and returned to Tripoli, where he trained as a flight dispatcher for the state-owned Libyan Arab Airlines (LAA). Having completed his training and gained his dispatcher's licence in the US, he was gradually promoted to head of operations at Tripoli airport. Keen to improve his education, he studied geography at the University of Benghazi. He came top in his year and was invited to join the teaching staff on the promise that he could study for a master's degree in climatology in the US. When the promise proved hollow, he opted to boost his salary by returning to LAA.

In 1986 he became a partner in a small company called ABH and was temporarily appointed LAA's head of airline security. The following year he became part-time coordinator of the Libyan Centre for Strategic Studies. His Scottish prosecutors aimed to prove that these roles were cover for his activities as a senior agent for the Libyan intelligence service, the JSO.

Megrahi maintains that his only involvement with the JSO came during his 12-month tenure as head of airline security when he was seconded to the organisation to oversee the training of some of its personnel for security positions within the airline. There is ample documentary evidence to support his claim that ABH was a legitimate trading company whose main business was the purchase of spares for LAA aircraft, often in breach of US sanctions. He admits that he sometimes travelled on a false passport, but insists that it was issued to give him cover for his sanctions-busting activities; unlike his true passport, it did not betray his airline background.

Megrahi says that it came as a complete surprise when, in November 1991, he and his former LAA colleague Lamin Fhimah were charged with the bombing (Fhimah was found not guilty). Megrahi also maintains that it was their decision to stand trial and that they were not ordered to by their government. He was repeatedly warned that he was unlikely to receive a fair trial, but believed he would be acquitted.

During his decade in prison his good manners and cooperative behaviour earned him the respect of the officers. (...)

He was cheered by visits from well-known figures, most notably Nelson Mandela, and by hundreds of letters of support. In 2005 he was transferred to a low-security wing of HMP Gateside in Greenock, where he was placed among long-term prisoners nearing the end of their sentences. He was soon accepted by both inmates and officers, one of whom volunteered to me: "We all know he didn't do it." (...)

We were optimistic that his appeal would succeed, but its progress was glacial. In autumn 2008, with the first hearing still six months away, he was diagnosed with advanced prostate cancer. He had always dreamed of clearing his name and returning to his family, but eventually felt compelled to choose between the two. Although the compassionate release decision carried no legal preconditions, he knew that abandoning the appeal would smooth the process. No longer able to make his case in court, he asked me to write his story so he could make it to the public.

Writing the book required numerous visits to Tripoli, where he received me warmly in the home he shares with his wife and four sons in a middle-class suburb. His illness limited our sessions to a couple of hours. He would check every word I'd written for accuracy and was insistent that I include the case for both sides and not shy away from awkward facts. He repeatedly told me: "I understand that people will judge me with their hearts, but I ask them to please also judge me with their heads."

His reception, on his return to Tripoli, was portrayed as a triumphant official welcome, but, as a WikiLeaks cable revealed, the Libyan authorities limited the crowd to 200, with thousands of supporters and the international media kept away. A few months later the Sunday Times reported that, at the time he was convicted, he had $1.8m in a Swiss bank account. In fact the account had been dormant since 1993, when it had a balance of $23,000. This year the same paper reported a claim by NTC leader Abdel-Jalil that Megrahi had blackmailed Gaddafi to secure his release from prison "by threatening to expose the dictator's role" in the bombing. Had he done so he would have severely jeopardised both his chance of freedom and the safety of his family in Libya. Although he responded to such misreporting with a faint smile and a roll of the eyes, it hurt him deeply that anyone could believe him guilty of murder. (...)

When I last saw him, in September 2010, he visited me at my hotel. It was the only time I saw him among ordinary Libyans. Again we were repeatedly interrupted, this time by strangers thanking him, not for an act of terrorism, but for sacrificing his liberty for the good of the nation. His decision to stand trial helped free the country from UN sanctions that imposed 12 years of collective punishment on the assumption of his guilt. We now know that that assumption was based on evidence that was, at best, flimsy and, at worst, fabricated.

His appearance at the rally in a wheelchair probably won't silence the conspiracy theorists who claim he is living the life of Riley. The fact that he has made it this far is partly down to the superior medical care he receives. But I believe it's as much to do with his will to live and the knowledge that every day survived is a fragment of justice reclaimed.

[Today's edition of The Independent contains a report headlined Lockerbie release milestone nears which records the varying views of Lockerbie relatives and commentators on Megrahi and his release. There is a similar article in The Scotsman. An article in The Times, behind the paywall, contains, apart from reactions to Megrahi's release and survival, the latest information on the state of his health. An article on The Telegraph website attributes his survival to Abiraterone, a drug developed in the UK but not yet approved for use here. A letter from Rev Dr John Cameron supportive of the release decision appears in today's edition of The Herald.]