For the truth, look to Tehran and Damascus – not Tripoli prof__black_blog.htm. made. under what circumstances the confession was Dr Jim Swire, whose daughter Flora was one of the 270 people killed, doesn’t think Libya was even involved, and Hans Koechler, an observer at the trial, called al-Megrahi’s treatment “a spectacular miscarriage of justice”. The most obvious suspect since December 1988 has been Ahmed Jibril, head of a Palestinian-Syrian terrorist group — the Popular Front for the Liberation of Palestine-General Command — whose ties to Iran were no secret. The appeal was allowed to go forward following a decision by the Scottish Criminal Cases Review Commission (SCCRC), that a miscarriage of justice may only have occurred because of the manner in which Megrahi was identified by Gauci. Today marks the twentieth anniversary of the conviction of the late Abdelbaset al-Megrahi, who was found guilty of mass murder unanimously at a specially-convened Scottish court in the Netherlands. Among others, the late Nelson Mandela, himself a lawyer, had cast doubt on the prosecution’s case and the resulting verdict. any knowledge of Lockerbie. The court expressly rejected the ground of appeal which argued that there was a systemic failure by the Crown to disclose material and also the particular instances of non-disclosure which the appellants argued demonstrated this systemic failure. In light of the doubts surrounding al-Megrahi's conviction, it is likely that the perpetrators are still at large. Emeritus Robert Black; POST: "Application submitted to the Scottish Criminal Cases Review Commission for posthumous Megrahi appeal," published by "The Lockerbie Case," on June 5, 2014 . Swire sat throughout the trial at Camp Zeist, and collapsed in court after the verdict was read out. "The family demand the release of secret evidence held by the UK Government, which they believe incriminates others such as Iran and the Syrian-Palestinian group, the Foreign Secretary had refused to do so, this must happen for the truth to emerge. It also alleges that the day after the interview, Afrasiabi advised the Iranian government to threaten a $500 million lawsuit against Al Jazeera,” stating that it “would act as a brake on their current plan and might put a stop.” He added: “Soft diplomacy does not answer this specific situation.”. the answer be, as Swire suggests, that it is He claims Masud told him he was involved Dr Jim Swire, whose Or, as those representing Megrahi's family The case against Megrahi was always This is the true, convoluted, and tragic story of the bombing of Pan Am Flight 103, one of the worst air disasters in aviation history. I would like to remind all those interested in the Lockerbie situation that there is a blog site called: http://lockerbiecase.blogspot.com/ He said that Kenny MacAskill, who was then the Scottish justice secretary, had suggested the deal to a Libyan government official. Particularly during my sojourns in South Africa, it may not be possible for me to perform the moderation function speedily. The Lockerbie Case: Frequently updated blog of Professor Robert Black, QC FRSE, one of the "architects" of the 2000 trial where Megrahi was convicted. One would hope that if such a process were followed then the appeal would be heard before the end of 2021. Until this happens we believe it is vital that our petition remains under consideration in the Scottish Parliament. Masud to "a Libyan law enforcement officer". Mueller, of the FBI, would not want to mention any possible CIA drug smuggling? or overturning the conviction as it is appropriately a court of law that has this power. Megrahi, who denied involvement in the attack, died in Libya in 2012 after being released three years earlier by the Scottish government on compassionate grounds due to prostate cancer. 1. Nor can we get away from the fact that a great deal of further evil has been unleashed upon the world by the obstruction to allowing the truth to get out. Posted by Anonymous at 12:44 pm. By protecting the Ayatollahs of Iran from investigation the obstruction must also have reinforced the horrors that eighty three million ordinary people in Iran will have to face if they are ever to shake off the bands of religious impenetrability. In Scottish criminal appeal cases the UK Supreme Court cannot simply overturn a decision of the Scottish court; it only has jurisdiction to decide whether there might have been a breach of the appellant's rights under the European Convention on Human Rights. [What follows is excerpted from a column by, Piers Corbyn is a meteorologist and notorious climate change denier, and it seems he has now emerged as an equally outspoken vaccination denier. other troubling evidence was excluded from The Megrahi legal team conclude by submitting that all three points raised are of general public importance and therefore meet the test for an application to appeal to the Supreme Court. [RB: In the version originally issued, the date of the disaster was stated by the court to be 22 December 1988, the same blunder as was made in the trial court's judgement. his case back to the appeal court on the basis Permission to appeal to the Supreme Court will be granted only if the case raises an arguable point of law of general public importance which ought to be considered by the Supreme Court. The Herald's report on the dismissal of the appeal contains the following statement from the Megrahi family's solicitor, Aamer Anwar: "Ali Al-Megrahi the son of the only man convicted of the Lockerbie bombing said his family were left heart broken by the decision of the Scottish courts, he maintained his father’s innocence and is determined to fulfil the promise he made to clear his name and that of Libya. The family of a Libyan man found guilty of the 1988 Lockerbie plane bombing which killed 270 people will seek to appeal the conviction direct to Britain’s top court after being refused permission by the Scottish Appeal Court, their lawyer said. However, his family and numerous campaigners, Swire included, have long maintained he was the victim of a miscarriage of justice. No new information appeared to be presented by Attorney General Barr. For those interested in the Lockerbie Trial tragedy, I recommend the excellent blog of Professor Black: TheLockerbieCase. German Stasi documents revealed, Eter has a Was the alleged Lockerbie bomber, Abu Nidal, a US spy? Megrahi previously lost an appeal against his conviction in 2002. The principles of law which the court applied were all well known, settled and largely uncontroversial.” [RB: The court's Statement of Reasons can be read here.]. King Hussein claimed the attack was revenge commissioned by the Iranian government for the US Vincennes' shoot-down of an Iran Airbus at the cost of 255 lives in July 1988. investigation by American film-maker. Was the alleged Lockerbie bomber, Abu Nidal, a US spy? Now, Swire has told Scotland on Sunday that the biggest mass murder trial in British history continues to cast a long shadow over Scotland’s judiciary. It was found in the remains of a shirt collar, which in turn led to a shop in Malta owned by Tony Gauci. What was significant in the US criminal complaint against Masud was his claim that he bought the clothes to put into the Samsonite suitcase that is claimed went on to blow up Pan Am Flight 103. He maintained his innocence until his death in 2012. evidence properly tested in open court to try to The destruction of Pan Am Flight 103 over the Scottish town of Lockerbie in December 1988 was the largest attack on Britain since World War Two. Note 2: On 25th August, Prof Robert Black, the man who deemed it necessary to allow a posting on his blog alleging that I was the “mastermind” behind the Lockerbie bombing, finally came to his legal senses with a comment on his blog. believe, a timely attempt to add to the already that no reasonable court could have reached a After the trial it was disclosed that he had received $2 million from the US authorities. Instead, the 64-page verdict sought to strengthen the case against Megrahi by attributing sinister significance to entries in co-accused Fhimah's diary referring to "luggage tags". Prior to the war, US officials shuttled around the various Arab regimes in the Middle East seeking support and acquiescence in the planned bloodbath. With the Lockerbie trial in full swing Boyd was obviously reluctant to prosecute the officers involved and to great public indignation he allowed them to be reinstated. suggesting that a circuit board fragment found Al-Marimi's indictment has provided a hope that perhaps the perpetrator can still be brought to justice. On 29 January 2021 the lawyers for the Megrahi family lodged with the High Court of Justiciary an application for leave to appeal to the Supreme Court. Independent scientists, consulted by the Crown, had noticed the difference but maintained the tin fragment and the tin-lead amalgam were “similar in all respects”. ", As regards the ground of appeal founding upon failure by the Crown to disclose material that would have been helpful to the defence the court concludes that even if the material had been disclosed it would not have made a difference to the guilty verdict. Five years later the SCCRC recommended that he should be granted the second appeal, which he later dropped. We must now lodge an application within 14 days. Two weeks ago, judges at the Court of Criminal Appeal rejected a third appeal on behalf of the Libyan national, who died in 2012. He said yesterday that the Scottish criminal justice system was unable to acknowledge “a mistake has been made” in the conviction of Abdul Baset al-Megrahi and it was “a matter of grave concern” that the most recent appeal had been so narrowly restricted to certain legal areas. However, there are other interpretations of the incident, linking it to a deliberate and calculated Iranian act intended to pin the blame on rival powers. Either way, Iran violated certain provisions of the 1944 Chicago Convention on International Civil Aviation and of the 1971 Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation. FROM THE BLOG SITE OF PROFESSOR ROBERT BLACK QC. In relation to Ground of Appeal 1, unreasonable verdict, they submit that the High Court’s decision to refuse this ground of appeal was also wrong, in that they took into account evidence which the trial court had ruled out, namely the evidence of the former co-accused Fhimah’s diaries. He said that Kenny MacAskill, who was then the Scottish justice secretary, had suggested the deal to a Libyan government official. The complaint also alleges Afrasiabi contacted an official in the US State Department, asking for its “latest thinking” on the Iran nuclear issue, without revealing the nature of his relationship with Iranian authorities. At the time, the George H W Bush administration preferred not to blame Syria or Iran as it was preparing to attack Iraq in 1991 and needed their support. For the truth, look to Tehran and Damascus – not Tripoli He does not implicate his own government for hiding the facts, but seems to be scapegoating others by blaming “infiltrators” without providing details. revenge and score-settling, key questions will Professor Robert Black. The transition took place during US preparations for the assault on Iraq in the first Gulf War, launched earlier in 1991. In addition to the matters noted above, we would also note that Lockerbie remains a live ongoing criminal investigation. If the High Court refuses permission to appeal to the Supreme Court, the appellants can ask the Supreme Court itself to agree to consider the appeal. P, "The contention that the Crown failed to disclose material which would have created a real prospect of a different verdict is rejected. in Lockerbie. On 6th June, 2013, as part of its consideration, the Justice Committee wrote to Kenny MacAskill MSP, then Cabinet Secretary for Justice, asking for the Government’s comments on our request for a public enquiry. The 64-page opinion of the court can be read here. That obstruction has fostered some of the most malevolent characters in the terrorist world by shielding them from the threat of prosecution and has destroyed for a generation any prospect of peaceful progress for nearly seven million Libyans. It reads as follows:]. Among the passengers was Flora, beloved daughter of Dr Jim Swire. The Lockerbie case. [Yesterday's decision by the High Court of Justiciary dismissing the posthumous appeal on behalf of Abdelbaset Megrahi receives extensive coverage in UK and overseas media. In his reply of 24th June 2013, while acknowledging, that under the Inquiries Act 2005, the Scottish Ministers had the power to establish an inquiry, he concluded: ‘Any conclusions reached by an inquiry would not have any effect on either upholding or overturning the conviction as it is appropriately a court of law that has this power. The 64-page opinion of the court can be read here. It dates 3. Birlinn Publishing have a range of brilliantly incisive history and current affairs books being published in 2021. About Lockerbie and Pan Am 103. Libyan Abdelbaset al-Megrahi was convicted of the crime. In January, the Court of Criminal Appeal in Scotland rejected an appeal brought by his family, who had argued that there had been a possible misconduct of justice, and their lawyer Aamer Anwar said on Thursday the same court had now refused permission for them to appeal that decision. An attempt by the family of the only man convicted of the 1988 Lockerbie bombing posthumously to clear his name has been rejected by the Court of Criminal Appeal in Scotland. Robert Black, emeritus professor of Scots Law at the University of Edinburgh, drew up plans to enable a Scottish court to sit on neutral territory in the Netherlands but when the trial ended he was convinced that he had witnessed a miscarriage of justice. In October 2010, the Facebook group "Friends of Justice for Megrahi" was formed by its joint administrators Professor Robert Black and Robert Forrester, who were quick to exclude "conspiracy theorists" Charles Norrie and Patrick Haseldine from the group. daughter Flora died in the blast, would like any doubt (, Masud, the third Libyan to be charged The following are the first two and the last two paragraphs:]. The second ground was that the failure to disclose information to the defence, led to the trial being unfair and thus a miscarriage of justice, these related to the reliability of Mr Gauci’s identification of Megrahi as the person who bought the clothes, as well as the content of CIA cables. Robert Gates, Lockerbie, October Surprise, Iran-Contra / LOCKERBIE / LOCKERBIE - HEROIN - CIA . It was too much of a hot potato for them.”. In August 2020 the, Two weeks ago, judges at the Court of Criminal Appeal, [What follows is excerpted from a report in today's edition of, The interviews included Afrasiabi’s views on a 2014, The documentary, which was subsequently screened in the Scottish Parliament, included testimony from. In August 2020 the High Court limited the grounds of appeal to the matters referred by the SCCRC in their 2020 referral (unreasonable verdict and non-disclosure of material relating to rewards and identification evidence) and also allowed in the issue of disclosure of the cables relating to the Crown witness Majid Giaka. Every lawyer who has read the judgment says ‘this is nonsense’. That included forensic material BOOK LAUNCH 6TH MAY, FOLLOWED BY GLASGOW'S LITERARY FESTIVAL AYE WRITE. I fear that the message of the last two lines is now upon us. of a break-in at Heathrow the night before the Years later, however, Libyan citizen Abdelbaset Ali Mohammed Al-Megrahi was convicted for causing PA103’s deadly end. But he tells the Eye Among the passengers was Flora, beloved daughter of Dr Jim Swire. If leave to appeal by the Scottish courts is refused, it is competent to seek leave to appeal directly from the Supreme Court in London. In December, on the 32nd anniversary of the bombing, William Barr, the US attorney-general, announced new criminal charges against an alleged bombmaker involved in the atrocity. Mr Anwar said the first ground for appeal — that “no reasonable jury properly directed could have convicted” — was built largely around the evidence of Tony Gauci, who died in 2016. by the US Department of Justice (DoJ). The following link will give you access to Professor Black's blog. evidence of the key prosecution witness, Many of those who have looked at it closely agree that al-Megrahi didn’t do it. 3. I would like to remind all those interested in the Lockerbie situation that there is a blog site called: http://lockerbiecase.blogspot.com/ During a phone call with the Iranian official on 11 March 2014, the complaint goes on, Afrasiabi was instructed “in sum and substance to explain that both the US and Britain completed their investigations” into the incident. (AP Photo, File) ", founding upon failure by the Crown to disclose material that would have been helpful to the defence the court concludes that even if the material had been disclosed it would not have made a difference to the guilty verdict. The media then recalled Iran’s threat to retaliate for the downing of Flight IR655. Not accounted for is the fact that a suitcase closely resembling the one containing the bomb appeared unexpectedly at Heathrow airport before the feeder flight from Frankfurt arrived and was reportedly inserted onto PA103 at Heathrow. The decision of the High Court not to allow all of the original grounds of appeal to form part of the appeal for the reasons it gave was in breach of Article 6 of the ECHR, the right to a fair trial. Dr Jim Swire, whose daughter, Flora, died in the atrocity, said that steps were required to ensure the better administration of justice of Scotland, but warned that such an overhaul would “have to be propelled by a force outwith Scotland.”. The trial’s architect, Professor Robert Black QC, initially proposed it should have involved an international panel of judges, presided over and chaired by a Scottish judge. Readers are invited to comment on blog posts. A selection, courtesy of Google News, can be found here. Al-Megrahi insisted in his authorised biography, published in the year of his death, that a Scottish government decision to agree his early release from prison was conditional on his decision to drop his second appeal. P, "The contention that the Crown failed to disclose material which would have created However, the complaint against him alleges he was advised on what to say by a press secretary at the Iranian mission, and told to state that he was giving his views as an “independent expert.”. that the bomb almost certainly originated from judges to uphold the only conviction? Asked if he thought Megrahi would have been convicted on the evidence presented under such an arrangement, Swire said: “Answers about questions based on ‘what if’ carry little weight, but from what I know now, this would seem to have been a far safer solution than that allowed at Zeist. Megrahi was not in Malta in November. Jim accepted American claims that Libya was responsible, but during the Lockerbie trial he began to distrust key witnesses and supposed firm evidence. The appellants submit that these documents related to the special defence of incrimination put forward at trial and so in order for the appellant to receive a fair trial they should have been disclosed, and that this should have formed part of the grounds of appeal the court allowed to be argued. As time passes, though, many of those involved in the Lockerbie case have died. [What follows is the text of a press release issued by Aamer Anwar & Co:]. This will be the basis for the application to the Supreme Court. The crash over Lockerbie claimed 270 lives. The Crown argued that the circuit board, part of a timing device, was one of many sold to the Libyan government by Mebo, a Swiss company. A source said: “For the judges to overturn the conviction would be absolutely momentous and I don’t think they have the stomach for that. 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