Saturday, June 23, 2007

A Miscarriage of Justice

On 21 December 1988, Pan Am Flight 103 was 38 minutes into its journey when it was blown up at 31,000 feet.

...Twelve years later, on 31 January 2001, a panel of three Scottish judges convicted a former Libyan intelligence officer for mass murder at Lockerbie. Abdelbaset Ali al-Megrahi was tried at a specially convened court on a former US air force base near the Dutch town of Zeist. Under a special international arrangement, the court, which sat without a jury, was temporarily declared sovereign territory of the United Kingdom, under the jurisdiction of Scottish law.

Al-Megrahi is still the only person to have been found guilty in connection with the attack. He was sentenced to 27 years in jail. His co-accused, Al Amin Khalifa Fhimah, a fellow Libyan intelligence officer, was acquitted. Al-Megrahi was initially told that he would spend at least twenty years in prison, but the Crown, which was prosecuting, protested that this sentence was unduly lenient and petitioned the judges for a longer one. In 2003 the judges reconvened to rule that he must serve no less than 27 years before the parole board would consider his eligibility for release. Al-Megrahi’s defence team had already lodged an appeal against the conviction, but in March 2002 the guilty verdict was upheld.

...Lawyers, politicians, diplomats and relatives of Lockerbie victims now believe that the former Libyan intelligence officer is innocent. Robert Black QC, an emeritus professor of Scottish law at Edinburgh University, was one of the architects of the original trial in Holland. He has closely followed developments since the disaster happened and in 2000 devised the non-jury trial system for the al-Megrahi case.

Even before the trial he was so sure the evidence against al-Megrahi would not stand up in court that he is on record as saying that a conviction would be impossible. When I asked how he feels about this remark now, Black replied: ‘I am still absolutely convinced that I am right. No reasonable tribunal, on the evidence heard at the original trial, should or could have convicted him and it is an absolute disgrace and outrage what the Scottish court did.’

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