jhunter1163
beer-swilling semiliterate
Address the argument, not the arguer, and be civil and polite.
Replying to this modbox in thread will be off topic Posted By: jhunter1163
(emphasis added)PUBLIC PETITIONS COMMITTEE: PE1370
Thank you for your letter of 12 November 2010 which asks the Government the following three questions in respect of this petition. I apologise for the delay in replying.
Will you open an independent inquiry into the 2001 Kamp van Zeist conviction of Abdelbaset Ali Mohmed al-Megrahi for the bombing of Pan Am flight 103 in December 1988 as called for by the petitioner and for the reasons given in the petition?
If not, will you provide a detailed explanation why not, specifying whether there is any legislation which would prevent you from holding such an inquiry, what this legislation is and how it prevents?
Who would have the power to undertake an inquiry in the terms proposed in the petition?
The Government’s response to these questions is as follows:
The Cabinet Secretary for Justice made clear in his response of 16 September to a Parliamentary Question (S3W-35844) from George Foulkes on this issue that the Government have no plans to initiate an inquiry on this issue.
The Government does not doubt the safety of the conviction of Mr Al-Megrahi. He was tried and convicted by a Scottish court before three judges and his appeal against conviction, heard by a panel of five judges, was unsuccessful. A second appeal, following a referral from the Scottish Criminal Cases Review Commission, was abandoned by Mr Al-Megrahi. The conduct of his defence during his trial and the appeals, including his decision not to give evidence at trial and the decision to abandon the second appeal, was entirely a matter for Mr Al-Megrahi and his legal advisors. The Government’s view is that the petition is inviting the Scottish Government to do something which falls properly to the criminal justice system i.e. inquire into whether a miscarriage of justice has taken place. The criminal justice system already provides a mechanism for that to happen. The fact that Mr Al-Megrahi chose to abandon his second appeal rather than pursue it is entirely a matter for him and it would not be appropriate for the Scottish Government to institute an inquiry as a result.
The Inquiries Act 2005 provides that, to the extent that the matters dealt with are devolved, and criminal justice is devolved, the Scottish Government would have the power to conduct an inquiry. However, the wide ranging and international nature of the issues involved (even if the inquiry is confined to the trial and does not concern itself with wider matters) means that there is every likelihood of issues arising which are not devolved, which would require either a joint inquiry with or a separate inquiry by the UK government.
Separately, the Scottish Government intends to bring forward legislation to allow the SCCRC to publish a statement of reasons in cases such as Mr Al-Megrahi's where an appeal is abandoned, subject of course to legal restrictions applying to the SCCRC such as data protection, the convention rights of individuals and international obligations attaching to information provided by foreign authorities.
Karen Rodger
PA said:A petition calling for an inquiry into the conviction of the Lockerbie bomber has been kept open despite an earlier refusal from the Scottish Government.
I'm not entirely sure why anyone, government or individual, would be happy to see their criminal justice system usurped by any convictee regardless of the situation we find ourselves.
With respect, Bunntamas, I've been (largely lurking) on this thread and its sisters for some considerable time. You have yet to present any susbtantive argument beyond the fact that the court found him guilty. Rolfe and others have pointed to some very serious questions regarding the quality of the evidence and integrity of the witnesses. You have been pointed in the direction of compelling comments made by senior legal figures and onservers. All you've done is hand-wave them away.
I'm very sorry for your loss, really. To lose a parent is a terrible thing, and in circumstances such as Lockerbie it must be about as bad as these things can get. But if you're just looking to keep shouting about what was, on any fair reading, a flawed verdict then you're in the wrong place.
Rolfe said:So maybe if Bunntamas says something comprehensible, we can move on.
So far, she's failed to provide any evidence that there was any unaccompanied luggage on KM180. She has failed to show that Megrahi bought the clothes from Tony Gauci, or even that the clothes were bought on 7th December. She has failed to show that Megrahi did anything at all on 20th/21st December that might have been related to smuggling a (non-existent) unaccompanied suitcase on to KM180.
Which means that she has absolutely zero evidence to connect Megrahi to the bombing of PA103. I think if she had any, she'd have told us about it by now.
Rolfe said:I said in a different thread that if you could persuade me that Megrahi was even likely to have been the purchaser [of the clothes from Tony Gauci], on the balance of probability (none of this "beyond reasonable doubt" stuff necessary), I'd agree that he was mixed up in the plot to bomb Pan Am 103. Several of us have gone over the identification evidence in excruciating detail, and have become even more convinced than we were before that is definitely wasn't him. You have barely participated in that discussion, and then only to make disconnected and often erroneous points.
You haven't been able to come up with a single shred of evidence suggesting the bomb travelled on KM180 from Malta, or that Megrahi had a hand in putting it there that morning - which is hardly surprising, because the court couldn't find a shred of evidence either. It was simply decided that since he'd bought the clothes, and he'd been at the airport when KM180 departed, somehow that must have been what happened.
But he didn't buy the clothes.
Now you can come back to the thread where we were discussing the clothes purchase and say something sensible. Or you can take us through the evidence regarding the Malta-Frankfurt-Heathrow route and show us something we've missed. Or you can go away and cling to your belief that court verdicts are never wrong.
But there's no point in coming here, stamping your foot, and expecting anyone on a sceptical forum just to agree with you that court verdicts are never wrong and can never be questioned.
We obviously have our differences, but that doesn't mean that perhaps there is not a possibility that we might be able to join together and push foward with our respective governments figure this out in a way that serves both our goals.
the CONVICT, now living (WELL beyon 3 months) in his palatial Libyan estate, no doubt financed by his swiss bank account, and who knows what / whom else.
In short, for your own sake give it a rest. But in the meantime let me make one more point. Megrahi did indeed drop his appeal of his own volition and therefore relinquished any rights of the appeal process, not - I would suggest - by recognition of overwhelming evidence against him but rather as a means of securing his release when a terminal diagnosis had been issued. To claim that this is some sort of tacit admission of guilt is simply naive.
Having read through the last page of this thread, I don't think I really have anything to say that I haven't said already.