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Lockerbie appeal a mockery of justice

 
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PostPosted: Wed Feb 27, 2008 6:46 pm    Post subject: Lockerbie appeal a mockery of justice  Reply with quote

http://www.sundayherald.com/oped/...e_appeal_a_mockery_of_justice.php
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Big Wullie



Joined: 25 Apr 2007
Posts: 5125


Location: Glasgow

PostPosted: Thu Feb 28, 2008 3:02 am    Post subject: Reply with quote

Mockery of justice right enough

Below is the opinion of Hans Koechler and worth a read.

Certainly gives us Scots a bad name.


Subject: IPO Press Release re Lockerbie Appeal


Statement by Dr Hans Koechler, international observer, appointed by the United Nations,  at the Scottish Court in the Netherlands (Lockerbie Trial), on the withholding of supposedly secret evidence from the Defense by order of the government of the United Kingdom



Los Angeles, 25 February 2008

Upon conclusion of an information and consultation visit on international law issues to the Asia-Pacific region, Dr. Hans Koechler today issued the following statement on the decision of the United Kingdom’s Foreign Secretary not to allow the disclosure of a document, provided by a “foreign government,” that is related to the electronic timer device which supposedly triggered the explosion of a bomb on board Pan Am flight 103:

1.       The continued withholding of evidence related to the case of Abdelbaset Mohamed  Al-Megrahi  makes a new appeal actually impossible.  Should the document in question not be made available, criminal proceedings under Scots law will have to be terminated.

2.       The behavior of the British Government is in contravention to the commitment it made vis-à-vis the United Nations Organization prior to the adoption of Security Council resolution 1192 (1998) to enable a fair and independent trial of the two Libyan suspects in the Lockerbie case under Scots law.

3.       The invocation of “public interest immunity” (PPI) – unprecedented in the history of Scottish criminal justice – is tantamount to political interference into the Appeal Court’s conduct.  It is obvious that criminal proceedings cannot be fair if the Defense is denied access to a piece of evidence (document) which has been revealed to the Prosecution.

4.       Under the highly politicized circumstances of the Lockerbie trial, the issuing of a PPI certificate by the Foreign Secretary of the United Kingdom appears to be a rather desperate measure to influence the conduct of the court in a manner favorable to the British government;  it further strains the constitutional relations between Scotland and the United Kingdom.

5.       The separation of powers between the Executive and Judiciary is a basic characteristic of the rule of law. In the present case, this principle is violated because of the outright interference of the British government in a matter of the Scottish judiciary.

6.       The British government’s interference makes devolution of authority in matters of criminal justice to Scotland entirely meaningless.  What is the meaning of “devolution” if a Scottish Court is prevented from operating according to its own rules? Scots law is not to be administered under the terms of a protectorate.  The crucial question will now be whether the Scots will be able to assert their (constitutional) independence in devolved matters.

7.       It is to be hoped that the Scottish judges will uphold the independence of the judiciary and will reject the British government’s interference.  A court of law is transformed into a political body should the judges allow this kind of interference.

8.       The persistent refusal of the UK government to allow the disclosure of vital evidence to the Defense points into the direction of a cover-up.  In the context of the irregularities at the Lockerbie trial and appeal in the Netherlands  (described in the undersigned’s reports of 2001 and 2002), this development demonstrates the need for an independent investigation under a United Nations mandate – especially since the Scottish Criminal Cases Review Commission has declared that a miscarriage of justice may have occurred.

9.       The convicted Libyan national has a right to a genuine judicial review of his verdict outside the confines of international realpolitik. In June 2007 the Scottish Criminal Cases Review Commission referred his case back to the High Court of Justiciary for a second appeal. If appeal proceedings are now made impossible due to the British Executive’s interference, Mr. Al-Megrahi will be denied his right to fair trial under the European Convention on Human Rights and Fundamental Freedoms.  In this case, he will be entitled to proceed to the European Court for Human Rights in Strasbourg.



Dr Hans Koechler


The same would apply to anyone refused disclosure by our Courts or Governments.
An application to EcHR is on the cards if appeal fails
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Iain McKie



Joined: 08 May 2007
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Location: Ayr, Scotland.

PostPosted: Fri Feb 29, 2008 1:52 pm    Post subject: Reply with quote

While I totally agree with the sentiments expressed by Hans Koechler he is incorrect in stating,
Quote:
'The invocation of “public interest immunity” (PPI) – unprecedented in the history of Scottish criminal justice'


Invocation of the very same immunity was threatened in Shirley's case when we tried to obtain certain documents via the court.

In addition the 'public interest' immunity is still being invoked by the Scottish Government in refusing me 1,200 documents under the Freedom of Information Act.

I have challenged this misuse of immunity via the Information Commissioner and await a ruling.
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Big Wullie



Joined: 25 Apr 2007
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PostPosted: Fri Feb 29, 2008 3:02 pm    Post subject: Reply with quote

Iain

Can it be said that the refusal to hand over the documents you are seeking, Is severely hindering your quest for Justice.
Can it also be said that the future "Judicial Review" will be severely Tainted and Undermined without these documents being produced ?

All too often our Courts have allowed this to happen without Crown being held accountable.
We even had Lord Hardie in a certain Murder case threatening Crown with contempt but no court has ever went that extra mile.

To afford equality of arms it is essential that the defence is given access to all material held by Crown, Holland & Sinclair cases to Privy Council should be applied in all cases in Scotland.
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Dum spiro spero.
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Big Wullie



Joined: 25 Apr 2007
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Location: Glasgow

PostPosted: Thu Mar 13, 2008 11:42 pm    Post subject: Reply with quote

A Mockery Right Enough

Having just read the following i am convinced that this is the missing evidence sought by Megrahi's defence team, Can anyone add any useful info.


The Zurich-based Swiss businessman Edwin Bollier, who has spent nearly two decades trying to clear his company's name, is as eager for the appeal as is Megrahi. Bollier's now bankrupt company, Mebo, manufactured the timer switch that prosecutors used to implicate Libya after they said that fragments of it had been found on a Scottish hillside.
Bollier, now 70, admits having done business with Libya. 'Two years before Lockerbie, we sold 20 MST-13 timers to the Libyan military. FBI agents and the Scottish investigators said one of those timers had been used to detonate the bomb. We were shown a fuzzy photograph and I confirmed the fragments looked as though they came from one of our timers.'
However, Bollier was uneasy with the photograph he had been shown and asked to see the fragments. He was finally given permission in 1998 and travelled to Dumfries to see the evidence.
'I was shown fragments of a brown circuit board which matched our prototype. But when the MST-13 went into production, the timers contained green boards. I knew that the timers sold to Libya had green boards. I told the investigators this.'

In 2001, Bollier spent five days in the witness box at the Lockerbie trial at Camp Zeist in the Netherlands. 'I was a defence witness, but the trial was so skewed to prove Libyan involvement that the details of what I had to say was ignored. A photograph of the fragments was produced in court and I asked to see the pieces again. When they were brought to me, they were practically carbonised. They had been tampered with since I had seen them in Dumfries.'


The above is extracts taken from here:
http://www.guardian.co.uk/busines...7/sep/02/theairlineindustry.libya

How SCCRC can say they found no evidence of Fabrication after reading this is shocking.
It begs the question! Did SCCRC interview Edwin Bollier and what credibility did they attach to his evidence.
Is this the missinng evidence sought by Megrahi's Defence Team ?

Another interesting Read is the following:

http://www.lrb.co.uk/v29/n12/mile01_.html
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Big Wullie



Joined: 25 Apr 2007
Posts: 5125


Location: Glasgow

PostPosted: Fri Apr 04, 2008 1:08 am    Post subject: Reply with quote

More Lockerbie Propaganda:

http://news.bbc.co.uk/1/hi/scotland/south_of_scotland/7329740.stm

Old news i would say, We want to know when he gets his disclosure.

This has been edited to include the following Scotsman article where comments are allowed:

http://thescotsman.scotsman.com/s...ould-remain-in.3951220.jp#2677910

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