Document:Justice for Megrahi - Scotland must fund Supreme Court appeal

Megrahi convicted, Carlsson assassinated

#Scotland not #Libya must fund #JusticeForMegrahi appeal to #UKSupremeCourt. Should be a major issue in the #ScottishElections2021. #AlbaParty agree: do the other parties? @Anwar_and_Co @Ali2082009 @PrivateEyeNews @Dabaibahamid

 Letter  by Emeritus Professor of Lockerbie Studies dated 27 April 2021

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Subjects: Justice for Megrahi, Ali Abdelbaset al-Megrahi, Aamer Anwar, UK/Supreme Court, Alba Party, Laurie Flynn, Alex Salmond, Kenny MacAskill, 2021 Scottish Parliament election, Allen Feraday
Source: Wikispooks (Link)

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Aamer Anwar & Co.

63 Carlton Place

GLASGOW

Scotland G5 9TW

27th April 2021

Dear Mr Anwar,

Scotland must fund Supreme Court appeal

On 1 April 2021, five Scottish Judges refused Ali Abdelbaset al-Megrahi permission to take the posthumous appeal against his father's Lockerbie bombing conviction to the UK Supreme Court. Megrahi's son Ali al-Megrahi, who has maintained his father’s innocence and is determined to fulfil the promise he made to clear his name and that of Libya, clearly cannot accept the Scots Appeal Court ruling. He said:

"I have now instructed our legal team to seek leave to appeal directly to the UK Supreme Court which is the final court of appeal for my father's case.

Which raises two big questions:

1. Are there solid grounds of appeal to the UK Supreme Court?
2. Who should meet the cost of the Supreme Court appeal?

Grounds of appeal

The UK Supreme Court says:

"We are the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland. The Supreme Court hears cases of the greatest public or constitutional importance affecting the whole population."

Emeritus Professor of Scots Law Robert Black says:

"In Scottish criminal appeal cases the UK Supreme Court cannot simply overturn a decision of the Scottish court; it only has jurisdiction to decide whether there might have been a breach of the appellant's rights under the European Convention on Human Rights."

Emeritus Professor of Lockerbie Studies Patrick Haseldine says:

"The Lockerbie bombing case is of the greatest public and constitutional importance affecting the whole UK population. And there can only be one ground of appeal to the UK Supreme Court and that is to have the Scottish Court in the Netherlands' 2001 conviction of Abdelbaset al-Megrahi quashed on the basis of fabricated timer fragment evidence led by the 'non-expert witness' Allen Feraday."

Costs of the appeal

In November 2020, the Megrahi family's Scottish lawyer Aamer Anwar claimed the Libyan government had “failed to honour its promise of funding the appeal” and was asking the public for financial support by launching a crowdfunder to help pay for the appeal. Aamer Anwar said his legal team (comprising 5 lawyers, 2 Queen’s Counsel, advocate, legal staff, consultants and investigators) has worked on the appeal for free for more than six years and if charged the costs would run into millions.

In April 2021, Aamer Anwar said:

"I have no doubt that the new democratic Libyan Government headed by Abdul Hamid al-Dabaiba will support this final appeal for justice on behalf of the al-Megrahi family and help in our efforts to prove the innocence of Libya and its people."

Patrick Haseldine says that Libya has already paid US$2.7 billion in compensation for a crime in which Abdelbaset al-Megrahi was framed by Scottish "justice". It is time for the Scottish Government to meet its obligations and pay for Megrahi's posthumous appeal to the UK Supreme Court. When the conviction is finally overturned, Aamer Anwar's team will be awarded their legal costs.

Politicising the appeal

Patrick Haseldine believes the funding the Megrahi appeal to the UK Supreme Court ought to become a major issue in the Scottish parliamentary elections taking place on 6 May 2021. He is certain that the Alba Party's founder Laurie Flynn will support Scotland's funding of the appeal, and thinks party leader Alex Salmond and MP for East Lothian Kenny MacAskill will do so too. The mainstream media should now interrogate the other political parties on this issue:

"They say a week is a long time in politics. We now have nine days to secure Scottish Government funding for the Megrahi appeal."