SCCRC: Undisclosed protectively marked documents

The Chapter 25 of the SCCRC Report is particularly difficult to read as it deals with two protectively marked documents.

These documents were examined by a member of the Commission’s enquiry team whose notes are currently in the possession of D&G.

SCCRC

By a letter dated 27 April 2007, the Crown Office confirmed that neither of the protectively marked documents was disclosed to the defence. (…)  It was also pointed out in the letter that:

“It has never been the Crown’s position in this case that the MST-13 timers were not supplied by the Libyan intelligence services to any other party or that only the Libyan intelligence services were in possession of the timers.”

The SCCRC seems to have a real issue with one of these documents.

25.6 In the Commission’s view the Crown’s decision not to disclose one of the documents to the defence indicates that a miscarriage of justice may have occurred in applicant’s case. In reaching this decision the Commission has taken into account paragraphs 49, 73 and 74 of the trial court’s judgment.

All three paragraphs discuss the MST-13 timers. (See Lockerbie Trial: § 49, 73 and 74 )

[49] Despite this evidence we cannot, however, exclude absolutely the possibility that more than two MST-13 timers were supplied by MEBO to the Stasi, although there is no positive evidence that they were, nor any reasons why they should have been. Similarly, we cannot exclude the possibility that other MST-13 timers may have been made by MEBO and supplied to other parties, but there is no positive evidence that they were.

[73] The models being used were, however, different from the RT SF-16 used in the PA103 disaster, and the timers were of a type known as ice-cube timers. These were quite different from MST-13s, much less sophisticated and much less reliable, and the intention was no doubt to use them in conjunction with the barometric pressure devices to detonate the explosive.

[74] For the reasons given elsewhere, while a small quantity of such timers was supplied by MEBO to the East German Stasi, there is no evidence at all to suggest that any of them found their way into the hands of organisations such as the PFLP-GC.

Although I have not, of course, read the document, it is quite clear what it implies And it is uncomprehensible that the Crown did not  disclose it to the defence at the trial.

But the story of the Appeal judges’ refusal to disclose to Megrahi’s defence the document (the non-disclosure of which at the trial had been deemed by the SCCRC  as a possible cause of a miscarriage of justice) is a nightmare tale that Kafka and Orwell would have been proud to have co-written.

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This entry was posted in A. Mesbahi, Bollier, MEBO, MST13, SCCRC and tagged , , . Bookmark the permalink.

One Response to SCCRC: Undisclosed protectively marked documents

  1. Craig says:

    I think the SCCRC note, particularly, the implication of the Crown, frighteningly jump of the page.
    An absolute criminal disgrace conducted by the Crown, not only reinforces the state & political interference but both compromise & compound same.

    Ref: SCCRC – There is an interesting statement of fact by SCCRC with regard to the Togo timer[s];

    8.169 Mr Bollier asserts that in December 1989 a green fragment from the Togo
    timer replaced the brown prototype fragment in the chain of evidence. In fact both
    Togo timers were recovered and were Crown label productions at trial. There was no
    evidence that any fragment had been removed from either timer, which in any event
    were of the un-housed variety, unlike PT/35(b).

    Specifically this statement of ‘fact’;
    “In fact both Togo timers were recovered and were Crown label productions at trial.”

    On the face of it, possible reasonable statement to make but noted as a ‘fact’, properly and evidentially supported and found.

    However, the implication of this statement of fact of both ‘Togo’ timers is horrendous;

    1. In late 1999, amazingly just before trial, Judge Bruguiere, Paris, Ministry of Justice handed over a MST-13 timer on 27/10/1999
    2. September 1990, Scottish Police Officers, McAteer & Avent on their visit to Togo did not find any MST-13 timer or any knowledge or trace.
    3. Therefore, accordingly to the US folks find of late 1986, at least to late 1990, ‘the French’ supposedly obtained a Togo timer.
    4. Exclusively from Togo, being that the timer couldn’t jump from Togo back to Libya.
    5. Almost unbelievably, from at least 1990 to 1999 the French did not disclose to anyone or even their counterparts during their visit at RARDE, with Henderson in attendance, that they had a MST-13 timer.
    6. Of course, Tom Thurman FBI was involved with the UTA 772 crash 1989 and assisted the French with the identification of a tiny fragment.

    7. Question;
    Where did ‘the French’, or more importantly, Judge Bruguiere obtain the MST-13 timer from ?

    Like

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