tag:blogger.com,1999:blog-1638916042737526171.post4697119967275363309..comments2024-03-28T07:16:39.621+00:00Comments on Lallands Peat Worrier: Whence the Lockerbie Case leak?Lallands Peat Worrierhttp://www.blogger.com/profile/18276270498204697708noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-1638916042737526171.post-54982464948030037372009-06-04T10:58:12.554+01:002009-06-04T10:58:12.554+01:00This was a very interesting article. The author t...This was a very interesting article. The author touched upon the collegiate character of the Scottish (or indeed any) Judiciary. <br /><br /> The author notes that the Lockerbie case was highly politicised but does not comment on the politicisation of the Judicial process itself by designing a peculiar Tribunal for this particular case created by a political agreement between Governments. <br /><br /> I suspect the Scottish Judiciary consists of persons who are intensely conservative and whose unstated view was that a trial for murder should be conducted at the Edinburgh Assizes before a Judge and Jury and not before a panel of Judges at a converted military camp in the Netherlands. <br /><br /> I suspect that collectively the Judiciary regarded “Camp Zeist” as an abomination. The author suggested that the Judges yielded to "an inchoate sense of pressure" in convicting Al-Megrahi. I very much doubt this but suspect the Judges were determined the defendants should gain no advantage from the precendent of negotiating the venue and form of Tribunal before which they would agree to be tried. I think the Judges were disposed to convict if they possibly could in order that the precedent of "Camp Zeist" would never be repeated. I suggest the verdict was not arrived at in isolation from the context of "Camp Zeist". <br /><br /> The author also dealt in length with Lord Denning's argument that an Appeal should not be allowed because as it would open up the appalling prospect that if the Appeal was won it would be revealed that the Police had given perjured evidence.<br /><br /> The 1990 Fatal Accident Inquiry into the Lockerbie disaster concluded that the “primary suitcase” arrived at Heathrow Airport unaccompanied on the feeder flight PA103A from Frankfurt. <br /> <br />This conclusion was based on hearsay evidence given by the Lord Advocate’s Deputy and successor Andrew Hardie QC. This evidence was a repetition of the Police argument that purported to "prove" the primary suitcase arrived from Frankfurt while ignoring or dismissing compelling, indeed irrefutable evidence that the primary suitcase was at Heathrow before the arrival of flight PA103A from Frankfurt. Mr Hardie’s evidence committed the Crown Office and perhaps later the Judiciary to a version of events that was fundamentally untrue.<br /><br /> In the Camp Zeist Judgement Their Lordships concurred with the prosecution case that the “primary suitcase” had begun its journey in Malta while admitting there was no actual evidence that it had. (Having concluded Mr Al-Megrahi was guilty on other grounds it followed that the suitcase must have been introduced at Malta.) However in doing so they completely undermined and dismissed the argument by which Heathrow had been eliminated. (Camp Zesit Judgement para.25). In essence they repudiated the sworn evidence of their fellow Judge Lord Hardie. Is this an example of the "Denningprinzip"?Barry Walker Appari,Ilocos Norte, Phillipinesnoreply@blogger.comtag:blogger.com,1999:blog-1638916042737526171.post-74449148816549586812009-06-03T10:45:30.176+01:002009-06-03T10:45:30.176+01:00The problem with the Lockerbie trial decision is s...The problem with the Lockerbie trial decision is similar to all those where the reputation of a State is at risk. <br /><br />Should the Zeist judges have found Al-Megrahi innocent, they would in effect have accused the intelligence services of two nations, and their nominated forensic scientists, of lying and planting of evidence. <br /><br />Where the democratic foundation upon which our civilisation relies is at risk, would any responsible judge risk his reputation and career by seeking the truth irrespective of the outcome? <br /><br />Such subconscious assumptions lie deep within the political and intelligence minds of all nations, and our legal representatives, no matter how much they may protest otherwise. <br /><br />Only when those responsible have retired or died, and the truth becomes "safe" over time, may miscarriages of justice be aired and challenged. History offers many such examples.<br /><br />Peter Biddulph, Worcestershire, EnglandAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-1638916042737526171.post-52207208255602283172009-06-03T09:16:33.871+01:002009-06-03T09:16:33.871+01:00Mr Megrahi wasn't in the wrong place at the wr...Mr Megrahi wasn't in the wrong place at the wrong time. He was in the right place at the right time!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1638916042737526171.post-38298945700555914822009-06-03T07:22:59.155+01:002009-06-03T07:22:59.155+01:00Congratulations ona fair acknolwedgement of Bob Bl...Congratulations ona fair acknolwedgement of Bob Black and his long and important historical association with this case.<br /><br />From the day the two Libyans were accused the case has been 'bededvilled' by political aspects. The UK, USA, Germany, Malta and Lybia have all, at various stages been 'playing political games'.<br /><br />What the Herald pieces yesterday failed to report was the simple fact that at Megrahis' first bail hearing their Lordships did confirm that in the event of any preceived detrioration or change in his health - they WOULD underake a further hearing.(This is his leagl right).<br /><br />What confuses me (and I suspect) MANY others is the simple fact that the Defence have not lodged an application for bail based on the alleged medical report. Could it be that indpendent expert assessment instructed by the Court would not agree in it's conclusions.<br /><br />For the record,I do NOT accept Megrahi's guilt - I never have and I never will - the problem being he was iun the wrong place at the worng time.<br /><br />The man has been grieviously let down by his first defence team, his Government who could have done MUCH more than they have and lastly but most significantly Scottish Justice!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1638916042737526171.post-25661432573422950122009-06-02T20:41:52.034+01:002009-06-02T20:41:52.034+01:00Very few students after five years remember anythi...Very few students after five years remember anything that I said to them. Congratulations (commiserations?) on being an exception.<br /><br />Best wishes.<br /><br />Robert Black.Robert Blackhttps://www.blogger.com/profile/03606456028430261555noreply@blogger.com