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					Lockerbie exclusive: we publish the
report that could have cleared Megrahi
SATURDAY 24 MARCH 2012

Exclusive by Lucy Adams and John Ashton

The explosive report on the man convicted of the Lockerbie atrocity ...why we are
publishing it after five years of secrecy




The Sunday Herald today publishes the full 800-page report detailing why the man convicted of the
Lockerbie bombing could have walked free.

The controversial report from the Scottish Criminal Cases Review Commission (SCCRC) has remained
secret for five years because, until now, no-one had permission to publish it.

The Sunday Herald and its sister paper, The Herald, are the only newspapers in the world to have seen the
report. We choose to publish it because we have the permission of Abdelbaset Ali Mohmed al Megrahi, the
Libyan convicted of the bombing, and because we believe it is in the public interest to disseminate the
whole document. The Sunday Herald has chosen to publish the full report online today to allow the public
to see for themselves the analysis of the evidence which could have resulted in the acquittal of Megrahi.
Under Section 32 of the Data Protection Act, journalists can publish in the public interest. We have made
very few redactions to protect the names of confidential sources and private information.
http://www.heraldscotland.com/fwd.cgi?l=http%3A%2F%2Flogin.heraldscotland.com%2FSCCRC-
Statement-of-Reasons-red.pdf
Click here to read the report in full
The publication of the report adds weight to calls for a full public inquiry into the atrocity – something for
which many of the relatives have been campaigning for more than two decades.
Megrahi has also sent a copy of the full report to Justice Secretary Kenny MacAskill, who released him on
compassionate grounds in August 2009. Jonathan Mitchell QC told the Sunday Herald: “From a data-
protection point of view, it is questionable whether this report is the ‘personal data’ of anyone other than
Megrahi.”
The Data Protection Act was described as “one of the most poorly drafted pieces of legislation on the
statute book” by Tom Hickman, a barrister at Blackstone Chambers, on a UK Constitutional Law Group
website.
Mitchell believes the Sunday Herald is not constrained from publishing the report. He said: ‘‘Section 32 of
the Data Protection Act has the effect – putting it shortly – that processing (which includes publication) of
personal data, even sensitive personal data, is exempt from the relevant data-protection principles if it is
for the purpose of journalism and the newspaper reasonably believes that, having regard in particular to
the special importance of the public interest in freedom of expression, ‘publication would be in the public
interest’, and also reasonably believes that compliance with data-protection principles such as non-
disclosure would be incompatible with the journalistic function.”
The Herald revealed earlier this month that, according to the report, the Crown failed to disclose seven
key items of evidence that led to the Lockerbie case being referred back for a fresh appeal.
The SCCRC rejected many of the defence submissions but upheld six grounds which could have
constituted a miscarriage of justice.
The commission made clear that, had such information been shared with the defence, the result of the
trial could have been different.
Its full report details why the conviction of Megrahi was referred for a second appeal.
Megrahi has said in his official biography by John Ashton, Megrahi: You Are My Jury, that he believed
dropping the second appeal would improve his chances of returning to Tripoli before succumbing to
terminal prostate cancer.
The Scottish Government has said it wants to release the document in the interests of transparency but
cannot do so because it is covered by data-protection law, reserved to Westminster. First Minister Alex
Salmond said: "It is important that everyone is able to read the SCCRC report in its entirely, rather than
the selective and partial accounts of its contents which have made their way into the poubic domain
through various media reports." When the SCCRC referred the case back for a fresh appeal in June 2007,
they were only able to publish a summary of their findings. If they had published the full report, it would
have constituted a criminal offence under the legislation which established the commission. But on
Friday the Crown Office in Scotland wrote to the SCCRC making it clear it would not prosecute the
organisation or any of its members if it published the report.
The Crown office lifted legal restrictions just hours after the Sunday Herald had informed its press office
we planned to publish the report ourselves. In a press release issued on Friday the Crown Office criticised
‘‘selective and misleading reporting’’ of the SCCRC report in the media. ‘Notes to Editors’ attached to the
press release said that any decision of the SCCRC to refer a conviction to the Appeal Court did not
necessarily mean there had been a miscarriage of justice. Only the Appeal Court could declare there had
been a miscarriage of justice and quash a conviction. It added that the SCCRC was asked to look at more
than 40 possible grounds for a referral to the Appeal Court in the Megrahi case. It had rejected the vast
majority of these and referred the case to the Appeal Court on six grounds. And it stated the Crown ‘‘had
every confidence in successfully defending the conviction in the Appeal Court for a second time.’’ A Crown
ofice source was quoted in newspapers yesterday describing Megrahi’s grounds for appeal as having
‘‘more holes than a Swiss cheese’’. The SCCRC has not so far published the report and is not expected to
discuss the Crown Office advice until later this week. It declined to comment at this stage on the Sunday
Herald’s decision to publish the report. In an effort to get the report published, the Scottish Government
has passed a statutory instrument – to slightly amend that legislation – which means it will no longer be a
criminal act for the SCCRC to publish such reports. This was expected to come into force in May. The
commission has written to the individuals mentioned in the report asking for their consent for
publication. Consent was not given. Megrahi said he would be happy to consent providing all other
parties consented, but they did not. MacAskill has unsuccessfully written to UK Justice Secretary Ken
Clarke several times to ask for an exemption under the Data Protection Act. Megrahi was convicted of
murder by Scottish judges sitting at Camp Zeist in 2001. He unsuccessfully appealed in January 2001. He
dropped a second appeal shortly before the decision to release him on compassionate grounds in August
2009. He was expected to die from cancer within three months.
The Sunday Herald and its sister paper, The Herald, are the only newspapers in the world to have seen the
report. We choose to publish it because we have the permission of Abdelbaset Ali Mohmed al Megrahi, the
Libyan convicted of the bombing, and because we believe it is in the public interest to disseminate the
whole document.

The Sunday Herald has chosen to publish the full report online today to allow the public to see for
themselves the analysis of the evidence which could have resulted in the acquittal of Megrahi. Under
Section 32 of the Data Protection Act, journalists can publish in the public interest. We have made very
few redactions to protect the names of confidential sources and private information.

Click here to read the report in full

The publication of the report adds weight to calls for a full public inquiry into the atrocity – something for
which many of the relatives have been campaigning for more than two decades.

Megrahi has also sent a copy of the full report to Justice Secretary Kenny MacAskill, who released him on
compassionate grounds in August 2009.

Jonathan Mitchell QC told the Sunday Herald: “From a data-protection point of view, it is questionable
whether this report is the ‘personal data’ of anyone other than Megrahi.”

The Data Protection Act was described as “one of the most poorly drafted pieces of legislation on the
statute book” by Tom Hickman, a barrister at Blackstone Chambers, on a UK Constitutional Law Group
website.

Mitchell believes the Sunday Herald is not constrained from publishing the report. He said: ‘‘Section 32 of
the Data Protection Act has the effect – putting it shortly – that processing (which includes publication) of
personal data, even sensitive personal data, is exempt from the relevant data-protection principles if it is
for the purpose of journalism and the newspaper reasonably believes that, having regard in particular to
the special importance of the public interest in freedom of expression, ‘publication would be in the public
interest’, and also reasonably believes that compliance with data-protection principles such as non-
disclosure would be incompatible with the journalistic function.”
The Herald revealed earlier this month that, according to the report, the Crown failed to disclose seven
key items of evidence that led to the Lockerbie case being referred back for a fresh appeal.

The SCCRC rejected many of the defence submissions but upheld six grounds which could have
constituted a miscarriage of justice.

The commission made clear that, had such information been shared with the defence, the result of the
trial could have been different.

Its full report details why the conviction of Megrahi was referred for a second appeal.

Megrahi has said in his official biography by John Ashton, Megrahi: You Are My Jury, that he believed
dropping the second appeal would improve his chances of returning to Tripoli before succumbing to
terminal prostate cancer.

The Scottish Government has said it wants to release the document in the interests of transparency but
cannot do so because it is covered by data-protection law, reserved to Westminster.

First Minister Alex Salmond said: "It is important that everyone is able to read the SCCRC report in its
entirely, rather than the selective and partial accounts of its contents which have made their way into the
poubic domain through various media reports."

When the SCCRC referred the case back for a fresh appeal in June 2007, they were only able to publish a
summary of their findings. If they had published the full report, it would have constituted a criminal
offence under the legislation which established the commission.

But on Friday the Crown Office in Scotland wrote to the SCCRC making it clear it would not prosecute the
organisation or any of its members if it published the report.

The Crown office lifted legal restrictions just hours after the Sunday Herald had informed its press office
we planned to publish the report ourselves.

In a press release issued on Friday the Crown Office criticised ‘‘selective and misleading reporting’’ of the
SCCRC report in the media. ‘Notes to Editors’ attached to the press release said that any decision of the
SCCRC to refer a conviction to the Appeal Court did not necessarily mean there had been a miscarriage of
justice. Only the Appeal Court could declare there had been a miscarriage of justice and quash a
conviction.

It added that the SCCRC was asked to look at more than 40 possible grounds for a referral to the Appeal
Court in the Megrahi case. It had rejected the vast majority of these and referred the case to the Appeal
Court on six grounds. And it stated the Crown ‘‘had every confidence in successfully defending the
conviction in the Appeal Court for a second time.’’ A Crown ofice source was quoted in newspapers
yesterday describing Megrahi’s grounds for appeal as having ‘‘more holes than a Swiss cheese’’.
The SCCRC has not so far published the report and is not expected to discuss the Crown Office advice
until later this week. It declined to comment at this stage on the Sunday Herald’s decision to publish the
report.

In an effort to get the report published, the Scottish Government has passed a statutory instrument – to
slightly amend that legislation – which means it will no longer be a criminal act for the SCCRC to publish
such reports. This was expected to come into force in May. The commission has written to the individuals
mentioned in the report asking for their consent for publication. Consent was not given.

Megrahi said he would be happy to consent providing all other parties consented, but they did not.
MacAskill has unsuccessfully written to UK Justice Secretary Ken Clarke several times to ask for an
exemption under the Data Protection Act.

Megrahi was convicted of murder by Scottish judges sitting at Camp Zeist in 2001. He unsuccessfully
appealed in January 2001. He dropped a second appeal shortly before the decision to release him on
compassionate grounds in August 2009. He was expected to die from cancer within three months.

http://www.heraldscotland.com/news/home-news/lockerbie-exclusive-we-publish-the-report-that-
could-have-cleared-megrahi.2012036248




Lockerbie Bomber Report Published Online by Scotland’s
Sunday Herald
In News, NWO, Other Leaks on March 25, 2012 at 3:21 PM

03/25/2012

Full details of the Lockerbie bomber’s grounds for appeal have been published for the first
time.

The Sunday Herald said it had decided to publish online the 821-page report from the Scottish
Criminal Cases Review Commission (SCCRC) in the case of Abdelbaset al-Megrahi.

It follows assurances by the lord advocate that SCCRC members would not be prosecuted for
publishing details.

The newspaper said it chose to publish on the grounds of public interest.

WHAT THE MAINSTREAM MEDIA WON’T TELL YOU

04/23/2007
InfoWars:

The CIA and the Lockerbie Bomb

The Lockerbie bomber could be set free within two months, according to The Sunday Times, 22
April 2007.

It is possible that Iran will be made the new scapegoat for the Lockerbie Bomb.
But, what about CIA involvement?

Major Charles McKie worked for the US Defence Intelligence Agency.
While in Lebanon, McKee reportedly discovered a CIA team who were working with Manzur
El-Khassar , a Syrian drug dealer.

Reportedly El-Khassar was friends with Lt. Col. Oliver North who reportedly was involved with
trafficking in drugs and guns.

Reportedly Major Charles McKie was going to act as a whistleblower, but he was killed in the
1988 Lockerbie Bombing.

Mr. Tam Dalyell, MP in the House of Commons, London, 26 March 2002, referred to Mary
Boylan and the Lockerbie Bomb. http://www.i-p-o.org/lockerbie_dalyell.htm
According to Dalyell, former Woman Police Constable Mary Boylan states: “Towards the latter
part of 1999, I was asked to attend at Dumfries Police Station, to give a statement to the
Procurator Fiscal regarding my duties at Lockerbie… I was informed that my notebook could not
be found. Shortly after this I read in a Scottish broadsheet that Lothian and Borders Police
notebooks had been destroyed…

“I drove to Lockerbie’s Garden of Remembrance to pay my respects. I noticed a brass plaque
there with the inscription ‘Joseph Patrick Curry, Captain US Army Special Forces. Killed in the
line of duty’…
According to Dalyell, in 1989, Police Constable Boylan was informed by a colleague that the
suitcase belonging to Curry was that which contained the bomb that blew up Pan Am 103.

After the December 21, 1988 Lockerbie bombing, several polythene bags containing white
powder were found, according to Edinburgh’s Radio Forth reporter David Johnstone. Alternative
theories of the bombing of Pan Am Flight 103 …

According to the BBC: BBC News WORLD Lockerbie: Conspiracy theories
“An internal investigation by Pan Am is believed to have found that the bomb planted on Flight
103 was put on the plane during a stop-over in Frankfurt… The Pan Am report is believed to
have concluded that the bomb was not aimed at the killing of Americans in general, but was
targeted specifically to kill a small band of DIA operatives that had uncovered a drugs ring run
by a ‘rogue’ CIA unit in Lebanon… The drugs-ring and the connection to Hezbollah is said to
have been set up by Israeli Mossad agents.”

08/25/2009

InfoWars:

Evidence Reveals Libyan Convicted of Lockerbie Bombing Innocent

An article published by The Mail On Sunday reveals that convicted Lockerbie bomber
Abdelbaset al-Megrahi is innocent. Lawyers for the cancer-stricken Libyan, released from a
Scottish prison last week on humanitarian grounds, presented evidence to the Court of Appeal
indicating that crucial details in the case were not submitted to the court and evidence submitted
was tampered with. In addition, U.S. intelligence agencies believe that Iran, not Libya, was
responsible for the attack that killed 270 people on Pan Am flight 103.

Ian Ferguson, an investigative journalist and co-author of the book Cover-up of Convenience:
The Hidden Scandal of Lockerbie, told the British newspaper “Megrahi was made the scapegoat
for whatever reason and from that point everything went in reverse to try to make the crime fit.”

Last week, Infowars posted an article indicating the bomber was in fact the U.S. and Israeli
intelligence asset Abu Nidal. Former Labor MP Tam Dalyell and Edinburgh law professor
Robert Black presented evidence in 2008 showing that Nidal was connected to the bombing and
it was carried out as revenge for the shooting down of an Iranian airbus by the warship USS
Vincennes in 1988.

In a memo dated September 24, 1989, the DIA states: “The bombing of the Pan Am flight was
conceived, authorized and financed by Ali-Akbar Mohtashemi-Pur, Iran’s former interior
minister.” It took the use of the U.S. Freedom of Information Act to release the full intelligence
documents, according to the Mail Online.

“The execution of the operation was contracted to Ahmad [Jibril], Popular Front for the
Liberation of Palestine General Command [PFLP-GC] leader, for a sum of $1 million,” the DIA
documents state. “$100,000 of this money was given to Jibril up front in Damascus by the
Iranian ambassador to Sy [Syria], Muhammed Hussan [Akhari] for initial expenses. The
remainder of the money was to be paid after successful completion of the mission.”

[efoods]Dalyell and Black believe the “mission” was carried out by Nidal, who was later killed
or committed suicide in Iraq.

In May of 2000, a gag order added weight to the theory that Libya was not behind the Lockerbie
bombing. Dr. Richard Fuisz, a CIA agent and a potential key trial witness, was gagged by the
U.S. government under state secrecy laws and faced 10 years in prison if he revealed any
information about the terrorist attack, the Sunday Herald reported.
In the U.S., however, the truth is irrelevant. In addition to the chairman of the joint chiefs of staff
and the director of the FBI expressing outrage over the release of al-Megrahi — and the
corporate media’s tedious feeding frenzy over the incident — campaigners in the states have set
up a website demanding Americans punish Scotland by boycotting all travel to the country. “In
addition, the campaign’s organizers, whose identity is unknown, call for a boycott of British
products, including whiskey, one of Scotland’s main industries, worth a record £3 billion last
year,” reports The Times Online.

http://leaksource.wordpress.com/2012/03/25/lockerbie-bomber-report-
published-online-by-scotlands-sunday-herald/

				
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