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Lawyers
acting for the Lockerbie bomber are expected to ask the High Court to examine
claims that vital documents were kept from the trial defence team.
It is believed the
documents may have undermined the case against Abdelbaset Ali Mohmed
al-Megrahi.
Megrahi is currently
serving a minimum of 27 years for the 1988 atrocity in which 270 people died
when Pan-Am flight 103 exploded over Lockerbie.
He is awaiting an
appeal on the grounds of a possible miscarriage of justice.
'Timer fragments'
It is understood the
Scottish Criminal Cases Review Commission which looked at Megrahi's
conviction in 2001 discovered documents that were seen by the prosecution but
not by the defence.
The documents, which
relate to the timer which allegedly detonated the Lockerbie bomb, are
believed to have come from the American CIA - which demanded that they were
not disclosed.
The review commission
has used this as one of the grounds for referring Megrahi's case to appeal
judges.
BBC Scotland home
affairs correspondent Reevel Alderson said it was not known exactly what the
documents contain.
Megrahi's lawyer has
also declined to confirm that they cast doubt on the evidence put before the
original trial about the timer fragments found in Megrahi's clothes.
It is likely a
procedural hearing will take place in Edinburgh later this year but
the full appeal will not be heard until next year.
####################################
And
from the HERALD 2/10/07
Vital
role of Crown’s secret dossier
 Comment
| Read
Comments (7)
Three months ago, the
long-anticipated and most high-profile decision of the Scottish Criminal
Cases Review Commission was published. It stated that the Lockerbie bomber
should be granted fresh leave to appeal.
The commission's
verdict, after a three-year investigation, was to prove highly embarrassing
for the Crown Office team which, until then, had been highly lauded for
successfully bringing the case against Abdelbaset Ali Mohmed al Megrahi seven
years ago.
The public statement
said there were no fewer than six grounds on which Megrahi might have
suffered a miscarriage of justice. Only four of those grounds, most of which
focused on the unreliability of the Crown's key witness, were revealed to the
public.
The Herald can now
reveal the fifth: the Crown failed to disclose a top secret document with
vital information about the timer which allegedly detonated the bomb.
Even
now, the Crown is still refusing to show this highly confidential information
to the defence, a decision all the more startling considering the current
legal position on disclosure.
In 2005, the Judicial
Committee of the Privy Council, the highest criminal appeal court, quashed the
convictions of two Scots on the grounds that the Crown had failed to disclose
vital documents and said that this breached the European Convention on Human
Rights.
The judges ruled that
the trials of James Holland, who had been convicted of two charges of assault
and robbery, and Alvin Lee Sinclair, who was convicted of assault to severe
injury, were in breach of Article 6 of the convention, the right to a fair
trial. Statements, the judges said, should be made available as a
"matter of course".
In Mr Holland's case,
the prosecution was criticised for using a witness to identify the accused
while in the dock, despite her failure to do so in a police line-up. There
were also concerns raised about the Crown's failure to disclose outstanding
criminal charges against witnesses.
In Mr Sinclair's case,
the Crown failed to disclose a police statement which was inconsistent with
the evidence given by a witness in court.
Since then, a number
of high-profile convictions have been overturned on the grounds that important
or inconsistent information was not revealed to the defence.
Last year, Stuart Gair
was cleared of murdering a man in Glasgow after protesting his
innocence for 17 years. Lord Abernethy, the judge, said a failure to disclose
witness statements to his lawyers deprived the defence of a "powerful
argument" on identification.
Next month, Nat
Fraser, who was convicted of murdering his wife, Arlene, will have his appeal
heard partly on such grounds.
However, two years on
from the Privy Council's decision, legal experts say the problem has not been
fully resolved and that miscarriages of justice are occurring as a result.
In Scotland, it has been up to
the Lord Advocate and Crown Office to decide whether to allow the defence to
see certain material, including information about previous convictions of
witnesses.
The Crown Office has
recently improved its system of disclosure and issued a practice statement
setting out its aims to provide lists of witnesses within 14 days of first
appearance and copies of witness statements within 28 days. The Crown is now
obliged to disclose witness statements and previous convictions or
outstanding charges against intended prosecution witnesses but it claims it
also has to protect the human rights of witnesses.
In practice, lawyers
say the system has been speeded up but key information is being omitted
because the Crown says it is not in the "public interest". As one
lawyer said: "It is as if the Crown is playing cards with a stacked
deck."
Last month, a review
on disclosure commissioned by the previous Scottish Executive said
prosecutors should be legally bound to provide full information to defence
lawyers in advance of a trial.
Interestingly, Lord
Coulsfield, who chaired the review, was one of three judges who presided at
the Lockerbie trial in the Netherlands. He called for
legislation requiring the prosecution to have regard to "the over-riding
requirement of a fair trial".
In relation to
Lockerbie, the Crown is expected to argue that the top secret document
relating to the timer cannot be disclosed for reasons of national security.
As Lord Coulsfield
said, though, the ultimate question is whether Megrahi has had a fair trial
and whether the Crown will release the documents for a fair appeal.
 Add
Comment
Posted by: Colin B, Bearsden on 11:27pm Mon 1 Oct 07
It has been alleged Labour's Colin Boyd mislead Lord Coulsfied
at the Camp Ziest trial regarding the Maltese witness and was therefore in
breach of his duty to the court. With the McKie fiasco and Asbury Lothian
& Borders Police should be interviewing him but as was reported yesterday
his successor ELish Angiolini is alleged to be trying to protect him.
Scottish justice has been a disaster. I'd suggest people avoid Dundas and
Wilson where Boyd now works and Scotland until the Crown office and police
prove themselves to be trustworthy .
It has been alleged
Labour's Colin Boyd mislead Lord Coulsfied at the Camp Ziest trial regarding the
Maltese witness and was therefore in breach of his duty to the court. With
the McKie fiasco and Asbury Lothian & Borders Police should be
interviewing him but as was reported yesterday his successor ELish Angiolini
is alleged to be trying to protect him.
Scottish justice has been a disaster. I'd suggest people avoid Dundas and Wilson where Boyd now works
and Scotland until the Crown
office and police prove themselves to be trustworthy .
Quote | Report this post
Posted
by: Tom McAlister on 11:52pm Mon 1 Oct 07
. But they are trustworthy,Colin.
Trustworthy to vested interests and a mutual back scratching cabal. .
.
But they are trustworthy,Colin.
Trustworthy to vested interests and a mutual back scratching cabal.
.
Quote | Report this post
Posted by: Edwin&Mahnaz Bollier, MEBO LTD,
Zurich/Switzerland on 12:01am today
Edwin Bollier VR, MEBO Ltd ,Witness at Kamp van
Zeist 2000. Edwin Bollier first a witness during the
"Lockerbie-Case" now with international support from Switzerland,
will bring a charge against official ones on the "Lockerbie
investigation Team" because of deliberate manipulation of the cental
proof MST-13 timer fragment. Please visit on our webpage: "The
Lockerbie-Fraud" on: www.lockerbie.ch
Edwin Bollier VR, MEBO Ltd
,Witness at Kamp van Zeist 2000.
Edwin Bollier first a witness during the "Lockerbie-Case" now with
international support from Switzerland, will bring a charge against official
ones on the "Lockerbie investigation Team" because of deliberate
manipulation of the cental proof MST-13 timer fragment.
Please visit on our webpage: "The Lockerbie-Fraud"
on: www.lockerbie.ch
Quote | Report this post
Posted
by: 2Right, On Location on 4:09am today
Not surprised to hear again that
Crown are withholding evidence. They have been allowed to do this for
decades, even many times being threatened by our top Judges with contempt of
court, still they continue to withhold evidence exculpatory evidence at that
too. They need locked up. http://business.scot sman.com/topics.cfm?
tid=859&id=18... Crown Office knew exactly what it was doing with this
case, and SCCRC continue to cover these matters up in order to try to
preserve an already crumbling Judiciary. Release these documents now to the
defence team in order to try to regain some credibility and do not tarnish
Scots Justice any longer with your dodgy decisions. Remember Holland and
Sinclair won their appeals solely by Crowns refusal to release documents
pertinent to their appeals. Maybe the Privy Council will be inundated with
appeals now. At least they should be if Crown continue to Refuse to reveal
documents. Elish keep your word and make all Crown Accountable and Open, And
Not just when you decide. More Lockerbie debates here http://shirleymckie.
myfastforum.org/abou t33.html
Not surprised to hear again that Crown are
withholding evidence.
They have been allowed to do this for decades, even many times being
threatened by our top Judges with contempt of court, still
they continue to withhold evidence exculpatory evidence at that too. They
need locked up.
http://business.scot
sman.com/topics.cfm?
tid=859&id=18...
Crown Office knew exactly what it was doing with this case, and SCCRC
continue to cover these matters up in order to try to preserve an already
crumbling Judiciary.
Release these documents now to the defence team in order to try to regain
some credibility and do not tarnish Scots Justice any longer with your dodgy
decisions.
Remember Holland and Sinclair won
their appeals solely by Crowns refusal to release documents pertinent to
their appeals.
Maybe the Privy Council will be inundated with appeals now. At least they
should be if Crown continue to Refuse to reveal
documents.
Elish keep your word and make all Crown Accountable and Open, And Not just
when you decide.
More Lockerbie debates here
http://shirleymckie.
myfastforum.org/abou
t33.html
Quote | Report this post
Posted
by: 2Right on 4:11am today
SCCRC when set up were supposed
to be an Independent Body. Independent of who? Everyone of them apart from
their Chairman The Rev Forbes are connected to the Justice System. With the
New SLCC being set up and having a bigger Majority of Lay Persons than
Lawyers to make them more independent. Is it not time the same principles
were applied to SCCRC who Claim to be Independent of the justice system but
in reality they are full of Ex: Police Prosecutors Judges Professors of Law
from our Colleges Lawyers. Even their chief Executive is also a part Time
Judge and sits on the Law Society Criminal Law Committee. Independent My
Erse. What they have done with their decisions in this Lockerbie case is
simply: Discredit More Our Crumbling Justice System. Sack the lot of them and
start again.
SCCRC when set up were supposed to be an Independent Body.
Independent of who?
Everyone of them apart from their Chairman The Rev
Forbes are connected to the Justice System.
With the New SLCC being set up and having a bigger Majority of Lay Persons
than Lawyers to make them more independent.
Is it not time the same principles were applied to SCCRC who Claim to be
Independent of the justice system but in reality they are full of Ex:
Police
Prosecutors
Judges
Professors of Law from our Colleges
Lawyers.
Even their chief Executive is also a part Time Judge and sits on the Law
Society Criminal Law Committee.
Independent My Erse.
What they have done with their decisions in this Lockerbie case is simply:
Discredit More Our Crumbling Justice System.
Sack the lot of them and start again.
Quote | Report this post
Posted by: RETIRED....... but still switched on, Fed Up To
The Teeth on 8:52am today
There isn't a person in the land who shouldn't be
worried about this. The very bricks of our democracy are at risk here and the
reputation of NO-ONE.............. ...NO-ONE at all should be shielded from
the public wrath if these allegations prove to be true. There is a very clear
series of cases that cause reasonable persons to wrinkle their nose at the
whiff coming out of the Crown Office, We need to start again with Al Megrahi
(who while he may be no saint, seems increasingly likely to have been a patsy
here, before moving on to the McKie case......also riddled with corporate
evil at the highest level. Doesn't matter who it hurts, let's have some fresh
air in the system asap.
There
isn't a person in the land who shouldn't be worried about this. The very
bricks of our democracy are at risk here and the reputation of
NO-ONE..............
...NO-ONE at all should be shielded from the public wrath if these
allegations prove to be true.
There is a very clear series of cases that cause reasonable persons to
wrinkle their nose at the whiff coming out of the Crown Office,
We need to start again with Al Megrahi (who while he may be no saint, seems
increasingly likely to have been a patsy here, before moving on to the McKie
case......also riddled with corporate evil at the highest level. Doesn't
matter who it hurts, let's have some fresh air in
the system asap.
Quote | Report this post
Posted
by: English, England on 10:05am today
English and Scottish Law used to be the envy of
the world, it wasn't perfect (no system is) but in general people tried to
get at tthe truth. Now with political show trials at the behest of the
Americans I despair of Justice in our countries. This is a case in point of a
dying system. We no longer have the essentials of a democracy in our
countries, a free and informed electorate. We are merely sheep who every 4-5
years are allowed to vote for the status quo.
English and Scottish
Law used to be the envy of the world, it wasn't perfect (no system is) but in
general people tried to get at tthe truth. Now with political show trials at
the behest of the Americans I despair of Justice in our countries.
This is a case in point of a dying system. We no longer have the essentials
of a democracy in our countries, a free and informed electorate.
We are merely sheep who every 4-5 years are allowed to vote for the status
quo.
Also from the HERALD 2/10/07
Electronic timer that
held key to prosecution case
Comment | Read
Comments (1)
The timer which detonated the Lockerbie bomb was critical
to the Crown case against Abdelbaset Ali Mohmed al Megrahi.
Much of the case was largely circumstantial but the
prosecution argued that a small fragment of green circuit board found
embedded within the charred remains of a shirt collar matched a distinctive
model of electronic timer, known as the MST13.
The timers were designed and built by a small Swiss company
called Mebo and, according to the prosecution, supplied solely to Libya.
The fragment was found
by forensic scientist Dr Thomas Hayes of the Royal Armaments Research and
Development Establishment, on May 12, 1989.
The trial court accepted the evidence given by one of the
partners in that firm, Edwin Bollier, that in 1985 and 1986 he had supplied
20 sample MST13 timers to Libya. However, at least two of the same timers were also
supplied to the East German Stasi secret police.
Doubt was cast at the original trial about the veracity of
the forensic examination of the fragment, including the fact that the
description on the label had been changed from "cloth" to
"debris" and the alteration had not been signed.
The court transcript states: "On the evidence which we
heard, we are satisfied that the explosive device which destroyed PA103 was
triggered by an MST13 timer alone."
The court dismissed the possibility that the Popular Front
for the Liberation of Palestine-General Command, the original suspects in the
case, had obtained such timers via their German cell.
Last month, The Herald revealed that the makers of the
timer plan to travel to Scotland following the revelation that one of their employees
planted vital evidence.
Ulrich Lumpert, formerly an electronics engineer with Mebo
in Zurich, signed an affidavit admitting that he committed perjury
before the Scottish
Court in
the Netherlands.
In his affidavit, he states that he stole a handmade sample
of an "MST13 Timer PC board" from Mebo in Zurich and handed it over to an "official person
investigating the Lockerbie case" on June 2, 1989.
Add
Comment
Posted
by: Edwin&Mahnaz Bollier, MEBO LTD, Zurich/Switzerland on 11:54pm Mon 1 Oct 07
Edwin Bollier VR, MEBO Ltd ,Witness at Kamp van
Zeist 2000. Edwin Bollier first a witness during the
"Lockerbie-Case" now with international support from Switzerland,
will bring a charge against official ones on the "Lockerbie
investigation Team" because of deliberate manipulation of the cental
proof MST-13 timer fragment. Please visit on our Webpage " The
Lockerbie-Fraud": http://www.lockerbie .ch
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