From the HERALD (Glasgow): for
interest I have included some of the on-line comments, this bunch is pretty
typical for this source, and suggests that we are far from isolated in our
beliefs, at least North of the border.
.............................................................................
LOCKERBIE: Appeal team demands
secret files
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The Libyan secret service agent serving life for the Lockerbie
bombing has been given until December 21 to explain his reasons for challenging
his conviction.
The date is exactly 19 years since the blast which killed
270 people when a US-bound aircraft exploded in a ball of fire above the
Scottish town.
At the Court of Criminal Appeal in 
"We are getting near the nineteenth anniversary of the
murder of out loved ones," he said.
Mr
Swire also said he was pleased that
Mr
Swire was among those in court to hear that the legal
team fighting for the release of Abdelbaset al-Megrahi, 55, demand the handover
of secret documents which they believe could prove his innocence.
Defence QC Margaret Scott also claimed that a new witness could
discredit Maltese shop keeper Tony Gauci whose
evidence was crucial in convicting Megrahi at a
special court in the Netherlands in 2001.
Ms Scott also said defence
forensic experts were working on reports to counter other evidence led at the
trial.
The hour-long hearing in
But today, Scotland's top judge Lord Justice General Lord
Hamilton, sitting with Lords Kingarth and Eassie, heard that the Americans were not involved.
"The documents don't come from that government or any
of its agencies," said advocate depute Ronald Clancy QC, for the Crown.
He told the court: "The documents in question were
passed to the UK Government on the basis that they were regarded as being
confidential by the authorities that passed them over.
"That being so, the Crown has always taken the
position that, if possible, confidentiality should always be respected."
Mr
Clancy added: "The Crown has been actively pursuing the matter but today
it remains unresolved."
Requests had been made to allow the Crown to hand over the
documents and it was possible this might happen without the appeal judges
having to rule on the issue, the court heard.
Mr
Swire said if the secret documents did not come from
the
The bombing of the United States-bound Pan Am flight in
1988 is regarded as the worst crime in Scottish legal history because of the
death toll among passengers and on the ground.
After much diplomatic wrangling al-Megrahi
and another Libyan, Al-Amin Khalifa
Fhimah surrendered and were
put on trial in a special high security courtroom constructed at the
Three judges heard the evidence without a jury and aquitted Fhimah.
Five judges then heard an appeal in 2002 against conviction
by al-Megrahi but decided that the guilty verdict for
the murder of 270 people should stand.
For a while al-Megrahi was held
in a special cell in
The Scottish Criminal Cases Review Commission, which
investigates possible miscarriages of justice, took up the case and after a
lengthy investigation concluded in June that al-Megrahi
should get a second appeal.
It was during the SCCRC probe that the existence of
documents shown to prosecutors but unseen by the defence
emerged.
"The Commission then reached the conclusion that the
Crown position not to disclose at least one of these documents to the defence indicated a miscarriage of justice might have
occurred in this case," said Ms Scott today.
She told the appeal judges that without all the material
she could not formally lodge detailed grounds of appeal and asked for more time
to prepare.
Lord Hamilton granted the request and made December 21 the
deadline.
The court heard that, in outline, al-Megrahi's
lawyers will argue that there was not sufficient evidence in law to convict him
and that a jury would not have found him guilty.
There are issues about the conclusions of forensic experts
and whether the defence lawyers at the original trial
did a good job and identification evidence.
Shop-keeper Mr Gauci told the Kamp Zeist trial that al-Megrahi was
the man who bought clothes and an umbrella said to have been in the suitcase
which also contained the bomb, disguised as a radio cassette player.
Ms Scott also told appeal judges that unless they could
guarantee a safe escape route for al-Megrahi in the
event of a successful appeal, the full hearing - which is expected to take
place some time next year - would have to be in the
Al-Megrahi was not in court for
today's hearing.
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Posted by:
Colin B, Bearrsden on
Lothian &
Borders Police should be arresting Elish Angioini
and her staff in
The same issues are going to happen in the Nat Fraser appeal case and Asbury ,stiched up by Ken McIntosh MSP friends at the SCRO, will
get record compensation given he served 3.5 years in prison.
ALex Salmond and Kenny McCaskill must act to restore confidence and honesty
Posted
by: Yok Finney, Ross-shire on
There
is so much corruption and incompetence in the Scottish Establishment it is like
clearing the Aegean Stables.
Fire everyone, and re-employ only those with a track record of honesty and
ability? I don't see it happening soon.
Posted
by: sam,
Secret
documents released to the defence, they'll be wanting a fair trial next. And for some johnny foreigner at that
Posted
by: Peter Cherbi, Edinburgh on
With
the Crown Office's record on disclosure, the defence
team can probably expect disclosure to be on the 20th December at
#Colin B - L&B might have to arrest some of their own too ... as for MacAskill & Salmond, I think
the wait is getting a bit long now on them doing something, if they are going
to ....
#sam - yes, pity we can't look after our own first,
shows just how crooked the Scottish legal system has become, needing an
international 'outcry' to do something about it ...
Posted
by: freethekillie2, kilmarnock
on
Posted
by: Seumas, Tain on
Question
for the statistitians---HOW MANY LAWYERS RETIRED TO
THEIR MANSIONS ON THE BACK OF THIS DEBACLE????
I'M JUST JEALOUS AS I LIVE IN MODEST TWO BEDROOM BUNGALOW. AND AM LOOKING
FORWARD TO BROWN'S DOUBLING OF THE INCOME TAX FOR PENSIONERS IN APRIL 2008.
I AM AWARE THAT THIS AFFECTS EVERYBODY BUT, IF YOUR
INCOME IS JUST £2000 ABOVE TAX ALLOWANCES IT'S SLIGHTLY DIFFERENT FROM THOSE ON
BROWN'S SALARY.
Posted
by: Colin B, Bearsden on
AS
with the cockpit video the UK government puts confidentiality of USA sources
ahead of justice- lets hope there is at least one right minded person in the
Crown office -although I doubt it if dopey ELish is
anything to go by. Isn't 19 years enough time to resolve Mr
Clancy -another poor quality Advocate depute who hopefully will go AWOL
Posted
by: freethekillie2, kilmarnock
on
colin b!
the full justice system needs a break, from their
underhand dealing's
and contempt for us the people of
it makes them look so corrupt hand over full
disclosure, why hide.
13 th 14 of november do we have a chance then?
or will it be next year or never.
CROWN CLEAN UP YOUR ACT LET THE INNOCENT FREE!
Dr Jim Swire
(jim@swirefamily.net)