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FEATURES
26 Oct 2009

Exclusive: To have your cake and eat it? by Jim Swire

Dr Jim Swire doubts the sincerity of the Crown Office's announcement that a fresh investigation would be carried out into the Lockerbie event.

Naturally the UK Lockerbie relatives would love to see a fully enabled objective criminal investigation re-examining all the currently available Lockerbie evidence.

But how can an objective criminal investigation not impinge on the verdict against Megrahi? The Crown Office's case against Megrahi depended on the evidence of identification by Gauci.

Yet we now know that when the clothing was in fact bought from Gauchi's shop, Megrahi was not even on the island of Malta, but Abu Talb was. We also now know that Harry Bell of the investigating Scots police recorded that the Americans wanted to give Gauci $10,000 'up front' with $2,000,000 to follow if conviction was successful. Clearly they must have thought the identification evidence critical.

It was in Talb's flat in Sweden that the Swedish police found further items of clothing from Gauci's shop. The Crown currently has no known explanation for this.

Yet if Talb, not Megrahi, bought the clothing, the verdict against Megrahi would have to be quashed. Are those currently and previously forming the Crown Office, as well as Colin Boyd, (the most implicated Lord Advocate), prepared to see their 'new investigative directions' lead to such an outcome? There is of course no evidence that any of them offered any inducements to Gauchi or anyone else, but surely their careers and reputations depend on their past conduct of this case? So would the new criminal investigation be objective, I ask myself?

I cannot free my mind of he words of Prof Hans Koechler, the UN's appointed special International Observer at the court: he thought the verdict so incomprehensible that it could only have been reached through (his words) 'deliberate malpractice by Scotland's Crown Office.

So what to do? Observers should remember that under current Human Rights legislation and the Inquiries Act 2005, we the relatives have a right to a full and objective enquiry.

Meanwhile those who swear by the Megrahi verdict might like to visit the London Review of Books website and search for 'Megrahi' they will find a devastating analysis as to the conduct of the trial written by Gareth Peirce, one of England's most noted 'miscarriage of Justice' and 'Human Rights' lawyers.

Further, if the Crown Office are really to refer matters as alleged, for I personally have no communication from them to 'forensic experts' it is to be hoped that they will never again try to use the thoroughly discredited Hayes and Feraday.

Dr Jim Swire

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