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'LOCKERBIE TRIAL FLAW'.


Byline: STEPHEN WHITE

THE Lockerbie appeal heard yesterday that the 2001 conviction of a Libyan for the bombing was based on "wholly circumstantial evidence circumstantial evidence

In law, evidence that is drawn not from direct observation of a fact at issue but from events or circumstances that surround it. If a witness arrives at a crime scene seconds after hearing a gunshot to find someone standing over a corpse and holding a
".

Abdelbaset Ali Mohmed Al Megrahi's second attempt to clear his name got under way yesterday.

Al Megrahi is serving a life sentence with a minimum term of 27 years after being convicted of bombing Pan Am flight 103 in 1988 and murdering 270 people.

He lost an appeal in 2002 but in 2007 the Scottish Criminal Cases Review Commission The Scottish Criminal Cases Review Commission (SCCRC) is a non-departmental public body in Scotland, established by the Criminal Procedure (Scotland) Act 1995 (as amended by the Crime and Punishment (Scotland) Act 1997).  referred his case back again.

Representing Al Megrahi, Margaret Scott QC told the court of appeal in Edinburgh: "The appellant's position is that there has been a miscarriage of justice A legal proceeding resulting in a prejudicial out-come.

A miscarriage of justice arises when the decision of a court is inconsistent with the substantive rights of a party.
."

Ms Scott told the judges the trial court's conclusion centred on four "critical inferences". These were that Al Megrahi bought the clothing in the suitcase containing the bomb, that the purchase was on December 7 1988, that the buyer knew why the clothing was bought, and that the suitcase entered the system at Luqa airport in Malta.

But she told the court these were all areas of dispute.

Al Megrahi followed proceedings by video link to Greenock Prison. His QCsaid his condition had "deteriorated" since he was diagnosed with cancer last year and as a result he would need frequent breaks.

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Publication:The Mirror (London, England)
Date:Apr 29, 2009
Words:219
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