Sunday, 12 February 2012

McLetchie makes it political and insults the Lockerbie dead.

Scottish Conservatives justice spokesman David McLetchie MSP has become the front-man for those who wish to conceal the truth about the Lockerbie trial. In doing so the Scottish Conservatives have politicised the Lockerbie disaster.

Is Mr McLetchie really aware that he is defending the following? -

1. Secret offers of huge rewards to the prosecution's main witnesses Maltese shopkeeper Tony Gauci and CIA double agent Majid Giaka were made throughout the two year police investigation. The records of these offers were concealed from the defence and judges by the combined actions of senior policemen, Crown officials, and members of the FBI.

2. Many of these policemen and FBI officers are named in the SCCRC report.

3. The importance of keeping these offers secret was made clear in a memo dated 15th May 2007 written by DI Dalgliesh (Dalgliesh now, apparently, heads the Lockerbie police team).  In the memo Dalgliesh tells his colleagues of the danger of the information becoming public: "[there is] a real danger that if [the] SCCRC’s statement of reasons is leaked to the media, Anthony Gauci could be portrayed as having given flawed evidence for financial reward…”

4.  Flawed evidence for financial reward is exactly what Gauci did give. 

5.  At the height of the Lockerbie police enquiries, a new witness appeared.  David Wright gave a statement to the Dumfries and Galloway police suggesting that Gauci had been totally confused about the date of a purchase of clothes, remnants of which had been found at Lockerbie. If Wright was correct, then Al-Megrahi could not have been the purchaser, since he was not in Malta when Wright had witnessed the actual purchase. 

6. If Gauci was not the purchaser, then the main plank of the prosecution case would evaporate.  Al-Megrahi would most probably have walked free from the court.

7.  The police quietly filed Wright's statement, and his existence was concealed from the Lockerbie trial. Both the investigating detectives and Crown lawyers knew of his existence but kept the information from the trial judges and defence.

8.  Wright and his statement were discovered only during a three-year inquiry by officers of the SCCRC.  He swore an affidavit reaffirming his original claims.  His evidence forms part of the so-far unpublished SCCRC report.

9.  The existence of Wright and his statement and affidavit are another reason that the Scottish police, Crown office, and certain members of the FBI are afraid of publication of the SCCRC's report.

10.  There were other important matters concealed from the judges and the defence, and we will comment on these at an appropriate time.

This latest merging of attempts at concealment by the police and Crown office with the Scottish Conservative party is an insult to the dead of Lockerbie.

Thursday, 9 February 2012

Jim Swire prepared to take up Al-Megrahi appeal

In a presentation to the Justice Committee of the Scottish Parliament yesterday (7th January 2012) by the campaign group Justice for Megrahi, Jim Swire told the committee of his recent visit to Libya and meeting with Al-Megrahi and members of the Megrahi family.

He was asked by Convener Christine Grahame if, in the event of Al-Megrahi's death, an appeal against his conviction might be continued on Al-Megrahi's behalf in the Scottish courts.

Jim Swire's answer was a firm "yes".

“The professional advice that I’ve received is that it would be perfectly possible for other individuals who are affected by this case to approach the SCCRC [Scottish Criminal Cases Review Commission] to request a further appeal be granted,” 

“In that event, I understand that number one in the pecking order would be Megrahi’s family. In the event they didn’t want to pursue it, it would fall to other people who were affected by it, unfortunately, like myself and those who support what we’ve been trying to do."

“So one way forward would be the request for a further appeal to be heard at the High Court in this city.”

Wednesday, 8 February 2012

Lockerbie cover-up continues

Campaigners fighting on behalf of the only man convicted of the Lockerbie bombing have accused politicians, lawyers, civil servants and governments of an "orchestrated desire" to keep details of his case under wraps.

Yesterday, 7th January, Members of Justice for Megrahi gave evidence to Holyrood's Justice Committee on the Criminal Cases (Punishment and Review) (Scotland) Bill.

The Bill aims to release the Scottish Criminal Cases Review Commission's (SCCRC) "statement of reasons" for allowing an appeal against Megrahi's conviction, which was abandoned before he was released "on compassionate grounds".

But the campaigners say the Bill is "deliberately designed to ensure no useful disclosure" can be made.


Members of the Justice For Megrahi group, who have called for an inquiry into the conviction of Abdelbaset al-Megrahi for the 1988 bombing, said The Crown Office and civil service "will do anything" to stop disclosure. They also said politicians "either have to be dishonest or ignorant" to allow the secrecy to continue.

Dr Jim Swire, whose daughter Flora was killed in the bombing, said there are "profound and international" aspects creating "difficulty" for Scottish politicians who may wish to see the information in the public domain.

He said: "I feel there is an orchestrated desire to delay the resolution of this dreadful case."



Examples of the SCCRC’s findings are known to include the following:


·       Scottish Crown representatives led by Lord Advocate Colin Boyd concealed, from the defence team and the court, matters and witness statements which should have been disclosed under natural justice and the Human Rights Act, and which would have undermined the prosecution case, and strengthened the defence case.


·       Senior police officers, notably DCI Mr Harry Bell and DS Gilchrist, concealed from the court and the defence information contained in police notebooks and official records regarding offers of multi-million dollar payments in exchange for the giving of evidence and conviction of the accused.  Such disclosure would have seriously undermined the credibility of the principal witness in the case, Maltese shopkeeper Tony Gauci, and the CIA’s principal identification witness Majid Giaka.


·       In the matter of failure to declare an important statement from a hidden witness (Mr David Wright), DS Dalgleish and others either deliberately or negligently concealed from the court the existence of the witness and the statement and evidence he was offering at a critical phase of a major police investigation. Mr Wright’s statement, from several points of view, flatly contradicts the evidence of the Crown’s principal identification witness Tony Gauci.  Mr Wright repeated his original statement in an affidavit to officers of the SCCRC during their own investigation. 


·       FBI officers concealed from the court and defence material which would have seriously weakened the prosecution case and strengthened the defence case.


One document in particular reveals the context within which certain parties view the SCCRC’s report.  The reasons for its attempted concealment are clear.
In a briefing note written 15th May 2007  Dalgleish advises his colleagues: “there is ... a real danger that if SCCRC’s statement of reasons is leaked to the media, Anthony Gauci could be portrayed as having given flawed evidence for financial reward…” 


This briefing note omits the fact that an offer of “unlimited money with $10,000 available immediately” was made available to the principal witness in September 1989, just two weeks after his first of many interviews by Scottish police.     

It should be noted that Mr Dalgliesh is now in charge of the continuing investigation of the Lockerbie case.

Thursday, 26 January 2012

Libya - reports of mass imprisonment and torture

United Nations investigators are reporting that militia groups across the country have imprisoned thousands of detainees, and that torture is taking place. 

The UN Security Council was told recent violence in Tripoli, Bani Walid and Benghazi highlighted the problem.

More than 8,000 pro-Gaddafi supporters are being held by militia groups, amid reports of torture, UN officials said.

You can see the BBC's report here.  Notably the BBC and other Western media do not regard this as headline news.  Sky News so far have ignored the UN report.

Friday, 20 January 2012

Jim Swire and al-Megrahi


AL-MEGRAHI - "I WILL BE PROVED INNOCENT"
(The following report appeared in the Daily Mail on 19th January 2012. Space does not permit the full report which you can read here




Speaking in the run up to the 23rd anniversary of the Lockerbie bombing in which 270 were killed, the former Libyan intelligence officer appealed to his supporters to fight on to clear his name.
 
His head supported by a special pillow as he lay in bed at the family home in Tripoli, the 59-year-old asked that he be left alone to die from the ravages caused by prostate cancer. Megrahi revealed that he was recently visited by Dr Jim Swire, whose daughter Flora died in the bombing of Pan Am Fight 103, and had confided in him details of dramatic new discoveries made by investigators working to clear his name.

Pivotal to these, it is understood, are new forensic studies of fragments of a circuit board alleged to have been a piece of the bomb that was the single most crucial piece of evidence linking the bombing to Libya. Dr Swire, who is convinced Megrahi is innocent and has repeatedly spoken out on his behalf, refused to comment on the new discoveries last night.

The images of the frail bomber are the first to be seen of him in more than six weeks and appear to show a marked deterioration in his condition. Propped on pillows and covered by a thick floral blanket, he spoke slowly and falteringly, sometimes closing his deeply-sunken eyes as he considered answers.

He accuses the Scottish police and Crown authorities of deliberately withholding investigation interviews with a key prosecution witness from his lawyers for more than a decade.

That witness was Maltese shopkeeper Tony Gauci, who identified the Libyan as resembling the man who purchased clothes which were subsequently found in the remains of the suitcase containing the bomb.

Despite his weakness, Megrahi became angry at the mention of Gauci. He said his lawyers had not been able to secure all the 55, sometimes allegedly conflicting, statements made by the shopkeeper and added: ‘Where is the justice?

He condemns two retired Scottish detectives as the main architects of the ‘fabricated case’ against him. He is pinning great hope, he said, on a book to be published early next year he has co-written with journalist and investigator John Ashton.

‘I want people to read the book and use their brain not hearts and make judgment,’ he said, ‘Information is not from me, not from lawyers, not from the media, but experts who deal with criminal law and science. It will clear my name.’

Jim Swire visited Libya in December 2011 and spoke in complete confidence with Al-Megrahi. His visit was filmed by ITV and shown on 19th January.

Another Megrahi interview was conducted on December 15 by George Thomson, a former police officer, who is now a criminal defence investigator. It is due to be used in a TV documentary to be broadcast in February.  The pair became close after Mr Thompson joined the defence team in January 2003 looking into the case. Mr Thompson said: ‘It saddens me that if justice is ever done in this case, Al-Megrahi won’t be there to see it done.’

20th January 2012

LOCKERBIE FATHER: AL-MEGRAHI IS INNOCENT

[This is the headline over a report (behind the paywall) in the 20th January 2012 edition of The Times. It reads in part as follows:]

Jim Swire said he was convinced that Abdul Baset Ali al-Megrahi had been the victim of a miscarriage of justice, despite the belief of the new Libyan governement that al-Megrahi is guilty of the mass murder of the 270 passengers.

Dr Swire was speaking last night after an ITV documentary in which he was shown visiting al-Megrahi, who is dying of cancer. He also consulted representatives of the Libyan leadership that toppled the dictatorship of Colonel Muammar Gaddafi last year.

In one exchange Ashour Shamis, an adviser to Abdurrahim al-Keib, the Libyan Prime Minister, told Dr Swire: “As far as the Libyans are concerned, the Gaddafi regime, Gaddafi personally, are involved in planning and executing the atrocity. There is no doubt about it. They are involved, the regime are involved.”

Mr Shamis added that al-Megrahi was involved in the bombing, if “only a small player”. He went on: “Megrahi is an employee of Libyan security there is no doubt about it — of Libyan security. And if he was told to do something, he would have done it.”

 Dr Swire said he had not accepted that argument. Mr Shamis, along with the rest of new government, had simply not had time to consider the case with any thoroughness.

“I found Tripoli percolated with the desire to pin everything imaginable under the sun on the defunct Gaddafi regime, because the people are so delighted to have got rid of him,” said Dr Swire. “Mr Shamis certainly believes al-Megrahi was guilty. I tried to make plain that if you look at the evidence that it is not at all likely.”

Dr Swire added that he hoped the documentary would re-awaken interest in al-Megrahi’s conviction, in a Scottish court at Camp Zeist, in the Netherlands, in 2001. The Libyan was released from Greenock prison on compassionate grounds in 2009 because he is suffering from terminal cancer.

 “The verdict is vulnerable and would be repealed if there were a full inquiry into it,” said Dr Swire. “The Scottish public should understand what’s going on in their name: the support of an unsupportable verdict.”

A petition calling for a review of the al-Megrahi case has been lodged with Holyrood’s Justice Committee and will be debated in the Scottish Parliament next month.

20th January 2012
A DEATHBED FAREWELL TO AL-MEGRAHI

[This is the headline over a report in the 20th January 2012 edition of The Daily Telegraph. It reads in part:]

Even without the events of December 21, 1988, they would be the most unlikely of friends. Jim Swire, an Eton and Cambridge-educated doctor from Bromsgrove, and Abdelbaset Ali Mohmed al-Megrahi, a former member of the Libyan security services who was convicted of murdering 270 people when a bomb exploded on Pan Am Flight 103 as it flew over Lockerbie. Swire’s daughter, Flora, was one of the passengers. She would have turned 24 the next day.

Last month, Flora’s father travelled to Tripoli for a meeting with the terminally ill Megrahi, who was released from a Scottish prison in 2009 on compassionate grounds. It was a remarkable journey for a 75-year-old man to make, not least because Swire undertook it in order to bid farewell to the man he now describes as his friend.

The pair have met on a number of occasions – once in prison in Scotland and twice in Libya – but Swire is sure their encounter in December was their last. “It was, a privilege to be allowed, essentially, to say goodbye to him,” Swire told an ITV camera crew who filmed part of his visit to Libya. He tells me he is “proud” to have known the man he calls Basset, the man so many others know as the Lockerbie bomber. “Megrahi is dying, and as a doctor I wanted to find out whether he has got the necessary painkillers.” He has, but Swire cannot say how long the convicted terrorist might live. “He is a very sick man. He only talks in short sentences with pauses to get his breath back. He is looking death in the face, and he knows it.”

Swire speaks affectionately of the Libyan’s wife, Aisha, always by her husband’s side, holding his hand; he is almost jovial when speaking about Megrahi’s love of football. “I think that was the thing that endeared him to the other prisoners. He was popular prisoner and, although he lived a different sort of life from his fellow inmates, he did muck in with them.”

At the end of his meeting Swire, a Christian, was so moved he found one of only two churches in Tripoli, where he prayed for Megrahi.

Such gentle compassion for the man convicted of murdering his daughter is incredible, and Swire is aware that many might find it astonishing. But the simple fact of the matter in this most complex of cases is this: Swire does not believe Megrahi is guilty. Indeed, if anyone feels guilt then it is Swire himself, who once met Gaddafi to pressure the late Libyan leader into handing over Megrahi to stand trial. (...)

Swire does not seem to have the same sense of mercy towards Gaddafi, who went to his grave with his secrets. “I am totally satisfied, that he [Megrahi] had nothing to do with it. But that is very different to saying that Gaddafi had nothing to do with it.”

It was during the 2001 trial that Swire started to doubt Megrahi’s guilt. While Libya and Syria may have been involved, he believes Iran was ultimately responsible for Lockerbie, as revenge for the shooting down of an Iranair flight by the Americans.

It was in the early hours of Flora’s 24th birthday that the Swires received a phone call confirming their daughter was dead. “It never occurred to me that I would be trying to get justice for Flora 23 years later. I thought there would be an international investigation and the truth would come out in a year or two,” Swire says. He has lobbied five Prime Ministers for a public inquiry, all of whom seem to have fobbed the families off; and at least two of whom, Tony Blair and Gordon Brown, were pictured cosying up to Gaddafi.

The Scottish Criminal Case Review Commission found in 2007 the Lockerbie verdict may have been a miscarriage of justice; Jim Swire still hopes for a proper inquiry.

Friday, 13 January 2012

ITV Thursday 19th January Documentary of Jim Swire visit to Libya

Jim Swire travels to war-torn Libya to investigate whether Colonel Gaddafi was behind the atrocity. He meets the only man convicted of the attack, Abdelbaset al-Megrahi, and confronts members of the new Libyan government in his search for answers. The programme is on ITV1 and ITVHD's "Tonight" Thursday 19th January, ITV1 and ITV1 HD 7.30 pm.

At present the group called Justice for Megrahi (JFM), of which Jim is a member, have a petition before the Holyrood Justice Committee.  The SNP Government are also currently taking steps which may make the findings of the SCCRC on Lockerbie more publicly available.

The conviction of Al- Megrahi has been the subject of debate and doubt ever since he was convicted. This escalated in August 2009 when the Libyan was released on compassionate grounds by Scottish Justice Secretary Kenny MacAskill.

Many people believe that Mr Megrahi was wrongfully convicted. The imminent publication of John Ashton's biography of Megrahi is expected to reveal in full the evidence that led the SCCRC to conclude that a miscarriage of justice may have taken place.

Monday, 2 January 2012

Are Scottish Police trying to prevent publication of SCCRC report?

One of the important features of the Lockerbie case is that a three year investigation (2004-2007) by the Scottish Criminal Cases Review Commission proved that a miscarriage of justice occurred. The SCCRC discovered that the two principal identification witnesses (the CIA's Majid Giaka and Maltese shopkeeper Tony Gauci) were secretly paid huge amounts, each receiving $2 million for their evidence. The police concealed these offers and payments from the judges and the defence.


Even as this webpage is being updated, we are forced to ask whether attempts are being made to hide this fact from public and media scrutiny. The SCCRC unearthed a briefing note dated 15th May 2007 written by DI Dalgleish, in which he advised his colleagues "The SCCRC's statement of reasons is likely to question the integrity of Gauci's evidence... There is a real danger that if the SCCRC's statement is leaked to the media, Gauci could be portrayed as having given flawed evidence for financial reward..."


It would be tragic indeed if behind the scenes attempts are being made to dissuade the SCCRC from publishing its report, using the specious excuses of "protect our human rights, protect our personal data etc. etc".


Only an inquiry by an independent senior judge can restore confidence in a legal system today widely regarded as untrustworthy and tainted.