Lockerbie lawyers suddenly replaced
23/09/1998 *** updated: 06/11/1998
This page will keep you informed about the latest change in the Libyan legal defence team - read all about what happened, find out about reactions and view the pictures of the new defence team. 
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26/09/1998:
Libya changes defence lawyers in Lockerbie case

TUNIS, Sept 23 (Reuters) - Libya has replaced the defence lawyers for two Libyan suspects wanted in the Lockerbie bombing  and appointed a former minister to lead the new team, Libyan  lawyers said on Wednesday.

The new head of defence: Kamel MaghourThe head of the sacked team said the move was ``a strong signal'' that the defence case for the two suspects would from  now on reflect the government's political line rather than legal considerations.

The appointments also put off, at least for the time being,  a meeting between Libyan, American, British and German lawyers  in Tripoli to discuss a U.S.-British proposal for a trial in the  Netherlands.  Libyan lawyers said the government appointed former Foreign  Affairs  Minister Kamal Maghour as head of the new team, replacing Ibrahim Legwell. Ibrahim Legwell: after 6 years of service suddenly replaced
 
``The Libyan administration has decided to set up a consortium made up of a number of Libyan law offices to take on  the responsibility of the criminal defence for the two Libyan suspects,'' Legwell, speaking to Reuters in Tunis by telephone,  said.  ``I have turned down an invitation to join the new team because of differences in strategy with Kamal Maghour who was  officially charged with the responsibility of heading the new  team,''he added.

Legwell said that he and his team had been chosen by the two suspects and the fact the government appointed a new team might  be a ``strong signal that the legal defence for the two suspects  may begin to increasingly reflect the official Libyan political  concerns rather than more of the  legal conditions.'' 

Legwell's team was to meet with foreign lawyers to look into whether the  U.S.-British offer would satisfy the call for a neutrality of the court as well as legal garantees provided for the suspects before, during and after the trial. But with the latest developments, Legwell said he would not now meet the British, American and German lawyers.

News of the appointment of the new team came a day after Libyan leader Muammar Gaddafi received in Libya Jim Swire, a  spokesman for the british families of the crash victims, and  Scottish lawyer Robert Black.


 Lockerbie trial uncertain after defence team goes
 

TUNIS, Sept 23 (Reuters) - The prospects that two Libyans accused of the 1988 Lockerbie bombing could be put on trial in the Netherlands looked more uncertain on Wednesday after the suspects' defence team was changed.

In Washington, South African President Nelson Mandela -- who has been involved in efforts to secure a trial for the two men -- cited three snags which needed to be resolved.

Mandela said that while Libyan leader Muammar Gaddafi was cooperating, he objected to a request that he guarantee to make available any Libyans who were called as witnesses in the trial.

``I know of no system of jurisprudence anywhere in the world where the accused is required to produce witnesses for the prosecution,'' Mandela told reporters. He said he supported Gaddafi's objections to the idea the two men would serve prison sentences in Britain if found guilty.  Mandela also cited a third objection to the proposals, saying the plan was to hold the trial at a former American military base. It was essential to establish that no U.S. troops would be present, Mandela said, adding he had raised the issue with President Bill Clinton during his visit to Washington.

INTERVIEW-UK Lockerbie defence lawyer slams Libya

Alistair Duff - Scottish Lockerbie lawyerLONDON, Sept 24 (Reuters) - A Scottish lawyer acting for two Libyans accused of the 1988 Lockerbie bombing on Thursday condemned as ``ghastly'' a decision by Tripoli to name a new defence team.

Alister Duff said he had been shocked by the decision to appoint a former Libyan minister to lead the defence, a move he said could harm his clients. ``I am very concerned about this. It can be argued that the Libyan establishment has interests which conflict with those of the accused. We have to be very concerned about Libya's motives,'' he told Reuters in an interview.

``The accused might find the advice they are given by the new team is coloured by the Libyan authorities' views. I didn't expect this at all. It's ghastly, to be frank,'' he said.

``I've still got two clients who I am told are instructing me but I'm in a situation where I can't see them,'' Duff said.  ``The Libyans have cut off funds to Legwell so he can't organise the defence. I have no doubt that if I applied for a visa to go to Libya it would be turned down.'' Duff said he did not regard himself as having been dismissed and added he might fly to Malta in the next few days to discuss tactics with Legwell, who was due to travel to the Mediterranean island on Thursday on business.

``I have two clients with a defence team that can't operate on their behalf. They may find themselves being compelled and coaxed towards using a defence team they don't want to act for them,'' Duff said. 


The new head of legal defence

Mr. Kamal Maghur has achieved his Law degree from Cairo in 1957. He has practiced Law since and became an assistant legal advisor for the state of Tripolitania in 1959. He was appointed as a judge of the Court of appeals in 1969 and a judge to the supreme court in 1970. He has written couple of short stories in the 60's. Since then he has served his country as an ambassador to several countries including the (UN, Canada, France and China).

Mr. Maghur came back to law to defend Libya in the International court of justice in the case between Libya and Tunis (Dispute over the sea border) and won the case (What a legal accomplishment...).

He then served as a minister of Petroleum and was chosen as the ONLY LIBYAN MINISTER TO EVER BE THE PRESIDENT OF OPEC. After that he held many posts including the Minister of Foreign affairs. In 1987 Mr. Maghur left politics and returned to his passion Law (Reopened his law firm MAGHUR & PARTNERS) and writting, his true love.


 Related issues:
  • The recent change of view on a Lockerbie trial
  • Setup for a possible trial by dr. Robert Black
  • About the evidence in a possible Lockerbie Case
  • ...all about the criminal investigation of Pan Am 103/Lockerbie


    • Al-Ghuwayl Refuses To Join New Team Defending Two Lockerbie Suspects
     

    London Al-Sharq al-Awsat in Arabic 24 Sep 98 p 1

    Subslug: Report by Salah Jamil:  "Al-Ghuwayl Refuses To Join New Team Defending Two Lockerbie Suspects"

    London -- Dr. Ibrahim al-Ghuwayl, lawyer of 'Abd-al-Basit al-Miqrahi and al-Amin Khalifah Fahimah, the two Libyans accused in connection with the Lockerbie case, has refused to join a new team formed by the Libyan Government to defend the two Libyans suspected of blowing up a PanAm plane over Lockerbie, Scotland, in 1988.  In a statement to Al-Sharq al-Awsat yesterday Al-Ghuwayl attributed his refusal to disagreements over "strategy."

    Dr. al-Ghuwayl added that the new team is headed by Kamil Maqhur, a former foreign minister, and includes lawyers from a number of law practices in Libya.

    Asked about the reasons for this official Libyan action, al-Ghuwayl said:  "I do not know the reasons; you should ask those who made the decision."  Dr. al-Ghuwayl stressed that it was al-Miqrahi and Fahimah who chose him as a lawyer to defend them, "and I am still safeguarding their interests and will continue to do so until they decide otherwise." Al-Ghuwayl had objected to the U.S.-British initiative for his clients to stand trial in the Netherlands.
     

    By courtesy of Libya News List http://www.listbot.com/subscribe/libyanews


    Robert Black: writing a letter to the UNDr. Black argues with dr. Legwell about recent replacement

    Below is the text of a letter from dr. Robert Black which is published in The Scotsman newspaper 28/09/1998. This sets out his response to the recent claims from Dr Legwell that he still represents the two suspects. On dr. Blacks return to Edinburgh from Libya on 23 September, he faxed to the office of the Secretary-General of the United Nations a proposal for expediting the process of addressing the concerns about the US/UK scheme that have been raised by the Libyan Government and the new defence team. As yet, dr. Black has had no reply.

    Heading to Scotsman letter:
    "Lockerbie suspects 'chose defence team'"

    Sir

    Your report  ("Lockerbie suspects' lawyers sacked", 24 September)  claims the new Libyan defence team  had been appointed by the Libyan Government (or by Colonel Gaddafi).  What evidence is there for this?

    I met five members of the team in Tripoli last Monday.  The chairman, Kamel Hassan Maghur, said he and his colleagues (who include the present President of the Tripoli Bar Association and the most senior past-President) had been appointed by the two suspects themselves; that their sole concern was with representing the interests of their clients;  that those interests did not necessarily coincide with the wishes or interests of the Libyan Government; and that if the Government sought to interfere in their work or to influence in any way the advice which the lawyers might render to their clients, they would not hesitate to publicise this fact in the international media.

    Mr Maghur (who as well as being a former Foreign Minister, is also a retired Libyan Supreme Court judge) said nothing to indicate that his team wished to dispense with the services of Alistair Duff, the Edinburgh solicitor who for many years has represented the two suspects in Scotland: indeed, quite the reverse.

    If, as you state, Dr Ibrahim Legwell is claiming (a) still to represent the suspects and (b) that the new team has been foisted on them without their consent, then this conflict should be speedily resolved by direct consultation with the accused themselves.   I was deeply impressed by the professionalism, commitment and independence of the Libyan lawyers. If they do indeed now  represent the suspects, I am convinced that their interests are in capable hands.

    Yours faithfully,

    Robert Black.

    (tel: 650 2021 or 07801 833 415)
     

    Prof R Black QC
    Faculty of Law
    University of Edinburgh
    Old College
    South Bridge
    Edinburgh EH8 9YL
    Scotland
    tel:  (+44) (0)131 650 2021

    And dr. Swire wrote a letter about that problem, too:

  • Dr. Swires letter from 25/09/1998 to the Scottish NEW HERALD about the trial and dr. Maghur