I gave you that explanation. It's not airtight, and there is grounds for disagreement.
Look, for the umpteenth time, Gaucis' testimony was incorrect in one way or another. I just think that he was able to get a good look at his customer and was mistaken about the christmas lights. The rain may have been a minor squall only, not even enough to even fully wet the ground, but enough for a business man to make an extra sale. It's his livelyhood, after all.
Sigh. You just think. Have you
read any of Gauci's testimony? Have you read the forensic psychologists' reports on it? Are you at all familiar with what story he told in each of his 20 or so statements (not to mention the four or so that the police just "lost"), which photographs were shown to him at each photo-identity parade, and which ones he picked out?
Sigh. Thought not.
The whole of the testimony is doubtful, of course. However, could you please explain what about it leads you to the conclusion that "he was able to get a good look at his customer" (and, more importantly, he was able to remember him)?
His initial description was of someone 15 to 20 years older than Megrahi, about 6 inches taller, and much more heavily built. He never actually said the man was Megrahi at all - only that he "resembled" him. He said at one point that a photo of Abu Talb was even more like the purchaser than Megrahi was.
Remember that this purchase occurred in November 1988. He was a shopkeeper, serving customers every day of his life. This wasn't someone who came to his shop regularly, this was someone he saw only once. He wasn't even asked about this customer until September 1989. He wasn't shown the picture of Megrahi until
February 1991, and then he said that although he resembled the purchaser he was too young. What sort of eidetic memory would he have needed to have a hope of getting this right - especially working from bad photographs rather than seeing the actual man? And remember, Gauci was officially "an apple short of a picnic".
The conduct of the photo-identity spreads was highly improper, and allowed massive opportunity for the policemen conducting them to influence Gauci to pick the desired photo - not necessarily deliberately, but because they knew which was the suspect's picture, they would inevitably send out unconscious clues when he was getting "warmer". The whole thing is a classic exercise in leading/training the witness, and when you realise how much money was being hinted at, it becomes easy to see why Gauci was so eager to please.
One striking thing about the statements is how he retracted certain early, and apparently quite confident assertions, as he gradually realised (from all the media publicity about the case) that his descriptions didn't match the "wanted" man. So "a 42 inch jacket would be too small for this man, his collar size was about 16½-17 inches and his waist about 36 inches" (none of which described Megrahi) turned into "I'm not an expert on height and build". Uh, no, you just sold clothes for a living, Tony.
Have you looked at the role of Paul Gauci, Tony's brother? Paul who was also awarded a million-pound reward, not for helping pinpoint the day of the purchase, but for keeping his brother up to the mark. Paul who was agitating about money and rewards from very early on, and who had a lot of influence over his rather dim sibling. Paul who is also living in luxury in Australia now.
This is all discussed at length in expert witness reports available online. Of course we may all have our own opinions, but forming an opinion without looking at the evidence seems a little rash, don't you think? Why do you have such a need to believe this guy guilty that you'll decide what you think just on the basis of
wanting to think that?
Except that I was using the analogy to show you the principle. If the evidence is in question or inadmissible, the person is to be found not guilty by the court, even though the guilt isn't in any reasonable doubt.
It's how our legal system works. It's far from perfect, but it's the best we have.
This is just as silly as your "two-men-in-a-spaceship" analogy. Yes, if there were only two men in a spaceship and one was found murdered, the remaining one must be the murderer (assuming it wasn't actually an accident, and there was no influx of homicidal aliens). That has no relevance to this case, because the "spaceship" is the entire European air traffic network, to which many millions of people had access that day, and the credible suspects are any European, North African or Middle Eastern terrorist group, of which, sadly, there are quite a few.
Now you're saying that
if the authorities had access to definite proof of guilt, but that proof was inadmissible in court, then he'd be guilty.
Yes, and if my auntie had balls she'd be my uncle, as Badly Shaved Monkey once said to a homoeopath presenting a similar argument.
I'm sorry, but we have to go with the evidence available to us. That does include evidence which was deemed inadmissible in court, but which is in the public domain, of course. What it doesn't include is "evidence" that you've dreamed up out of thin air.
"They brought the case to court with very flimsy evidence, which the judges bought anyway. So there must have been some killer sooper-sekrit evidence we've not been told about." Now
there's a Conspiracy Theory, if you like! (No, they thought
Giaka was the killer evidence, it just turned out he was making it all up to keep his CIA retainer coming in.)
No solid evidence, there are some leads as to how and where it could be possible. It could easily be argued the evidence implicating Megrahi is actually stronger than this, but the cases are too dissimilar to make a direct connection. You just disagree with the latter version for some reason.
Forgive me if I've misunderstood you, but are you saying that "for some reason" I disagree with your assumption that there must be some super-secret evidence against Megrahi that we don't know about? Well, Yeah, I do. Funny, that.
You're now saying the evidence implicating Megrahi is stronger than an illegal surveillance camera actually catching him in the act? Or have I misunderstood you again? If you want to argue the strong evidence, please carry on. However, so far all you've said is that you think Gauci positively identified Megrahi, apparently from a position of zero familiarity with Gauci's recorded testimony. It's not very impressive, you know.
Rolfe.