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scotkaz · Joined: 28 Aug 2008 Posts: 527

The Appeal Court in Edinburgh has decided to appoint a special defender to view confidential documents thought to contain vital information about the electronic timer that detonated the Lockerbie bomb.

The decision follows an unprecedented hearing, held behind closed doors, at which the UK Government argued that revealing the documents would compromise security.

The Advocate general, who represents the UK Government in Scottish courts, asked the court to appoint a security-vetted lawyer who could look at the documents on behalf of the defence team of Abdelbaset Ali Mohmed al Megrahi, the Libyan convicted of the bombing.

This special defender would then argue which parts of the document should be published - although judges would make the final decision about how much, if anything, should be revealed.

So far the court has not published its decision, but Foreign Office minister Kim Howells has written a letter confirming that the court has decided to appoint a special defender.

It will be the first time such a course has been taken in Scotland, although some English courts have appointed special defenders to examine evidence in terrorism cases.

There has been no official comment from Megrahi's legal team, although it is thought it is planning an appeal to the Privy Council, arguing that the move will violate his human rights.

The team's decision on whether to appeal is expected to hinge on the extent to which special defenders will be used in the hearing. One of the documents, which originated in an unknown foreign country, is thought to contain vital information about the timer to the bomb that killed 270 people over Lockerbie in 1988.

David Miliband, the Foreign Secretary, has already said the document should remain confidential.

However, Megrahi's defence team believes the failure to disclose the document calls into question the ultimate right to a fair hearing.

The document from an undisclosed foreign country was uncovered during the three-year investigation of the Scottish Criminal Cases Review Commission, which resulted in the case being referred back to the courts for a new appeal last summer.

The commission concluded that the failure to disclose the document during the original trial could constitute a miscarriage of justice.

Although the Crown allowed the commission to see the material, it has refused to disclose it to Megrahi's defence team.

Mr Miliband says that to hand over the documents to defence lawyers would put national security at risk.

Lord Hamilton, the Lord President and Scotland's top judge, sat with Lords Kingarth and Eassie last month to decide whether Megrahi can still get a fair hearing without access to the papers.

Lord Davidson of Clova, QC, the Advocate General, who represents the UK Government on legal matters in Scotland, has previously asked to put the Foreign Secretary's case behind closed doors.

The public interest immunity argument has been lodged by Lord Davidson - not the Crown Office in Scotland.

It is the first time that Scottish courts have needed to deal with such a question in closed court.

http://www.theherald.co.uk/news/n...bie_timer_details_stay_secret.php

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Great Spirit, grant that I may not criticize my neighbor until I have walked a mile in his moccasins." - Old Native American Indian Prayer that my dad taught me.

Pat A. Wertheim · Joined: 23 Apr 2007 Posts: 73 Location: USA

And today, bless their hearts, the police are taking al Megrahi to the hospital under a heavily armed guard with an assault helicopter escort. They must really care for him. Thank goodness neither MI-6 nor the CIA would do anything to jeopardize the health of someone they consider an "enemy." We do, after all, live in free countries where justice and truth reign supreme.
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Pat A. Wertheim
foridents@aol.com

scotkaz · Joined: 28 Aug 2008 Posts: 527

scotkaz · Joined: 28 Aug 2008 Posts: 527

In Scotland's Prison history?

Surely Mr Megrahi could have gone to hospital with a little less fuss than this? All of this for ONE man. Unbelievable!!

Surely this money could be better spent to help fight injustices.

Lockerbie bomber Abdelbaset ali Mohmed al-Megrahi en route to Inverclyde Royal

THERE was tight security today as the man convicted of the Lockerbie bombing attended Inverclyde Royal Hospital, Greenock.

Libyan Abdelbaset ali Mohmed al-Megrahi, who is serving his sentence at Greenock Prison, was taken to the hospital around 3pm for tests.

A convoy of police cars and bikes escorted the prison van and a police helicopter circled the area.

Journalists, photographers and cameramen had been waiting outside the hospital for hours for the convoy to arrive, one cameraman beginning his vigil at 6am.

BBC Coverage. Click http://news.bbc.co.uk/1/hi/scotland/south_of_scotland/7625059.stm
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Great Spirit, grant that I may not criticize my neighbor until I have walked a mile in his moccasins." - Old Native American Indian Prayer that my dad taught me.

PeterCherbi · Joined: 23 May 2007 Posts: 167 Location: Edinburgh

Scotkaz. its amazing the lengths and expenditure the 'Justice' system will go to cover up its failings.

It seems that there is no limit of expense to cover up a possible injustice, no need for respect of a right of a fair trial, no need for public trust, accountability, and no will of the Scots judiciary to act independently from the political forces at large to see that justice is actually seen to be done.

If only the legal establishment would apply the same effort in resolving injustice in Scotland, the legal system may gain a bit more respect and trust, such as things are, it seems there is an element of Scotland's legal establishment which prefers a kind of judicial dictatorship over that of judicial accountability with an element of public trust.

Of course, Scotland suffers as a nation for allowing this to take place in our justice system and as we see, if it can happen to the Lockerbie case, it can happen to any other case, and will continue to happen, on a regular basis, until this Government takes responsibility for justice, which so far, it has clearly not.
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My blog on issues of injustice in Scotland A Diary of Injustice in Scotland by Peter Cherbi

Injustice Scotland Campaign website : Injustice Scotland

Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

Bless their hearts for the advert more like Pat.

If someone was wanting to take out Megrahi for instance:

What vehicle would you have thought he was in ?

What a joke and waste of public money when he could simply have been taken in a blacked out Jeep or something, which no one would have been any the wiser for.

Reporters camping out since 6 am is ridiculous, what if it was a sniper.

The fact this visit was advertised needs answering.

scotkaz · Joined: 28 Aug 2008 Posts: 527

PeterCherbi · Joined: 23 May 2007 Posts: 167 Location: Edinburgh

scotkaz · Joined: 28 Aug 2008 Posts: 527

PeterCherbi · Joined: 23 May 2007 Posts: 167 Location: Edinburgh