DATE=7/24/98
TYPE=CORRESPONDENT REPORT
NUMBER=2-235972
TITLE=LOCKERBIE TRIAL (L-ONLY)
BYLINE=DELIA ROBERTSON
DATELINE=JOHANNESBURG
CONTENT=
VOICED AT:
INTRO: THE SUSPECTS IN THE 1988 PAN AM AIRCRAFT BOMBING OVER
LOCKERBIE IN SCOTLAND MAY FINALLY COME TO TRIAL, IN A COMPROMISE
DEAL NEGOTIATED BY SCOTTISH LAW PROFESSOR ROBERT BLACK. V-O-A'S
DELIA ROBERTSON TALKED TO PROFESSOR BLACK, WHO IS NOW IN SOUTH
AFRICA ON A SABBATICAL FROM THE UNIVERSITY OF EDINBURGH.
TEXT: ROBERT BLACK SAYS IT HAS TAKEN BRITAIN AND THE UNITED
STATES MORE THAN FOUR YEARS TO ACCEPT A COMPROMISE THAT MAY
FINALLY BRING TO TRIAL THE TWO LIBYAN SUSPECTS IN THE 1988
BOMBING OF A PAN AMERICAN AIRCRAFT OVER SCOTLAND. PROFESSOR
BLACK, LAW PROFESSOR AT SCOTLAND'S EDINBURGH UNIVERSITY, SAYS IT
IS SHAMEFUL IT HAS TAKEN SO LONG.
///BLACK ACT///
AND IT IS PARTICULARLY GALLING FOR THE FAMILIES I THINK,
THAT BRITAIN AND THE UNITED STATES ARE NOW SAYING THAT
THEY ARE THE ONES WHO WERE PUTTING FORWARD THIS MEANS OF
RESOLVING THE LOGJAM. IN FACT THIS PROPOSAL FOR
RESOLVING THE LOGJAM WAS SUBMITTED TO THOSE TWO
GOVERNMENTS FOUR AND A HALF YEARS AGO, AND UP TILL THIS
WEEK THEY HAVE ADAMANTLY REFUSED EVEN TO CONSIDER IT.
IN MY VIEW THAT IS DISGRACEFUL.
///END ACT///
THE COMPROMISE FOR BRINGING THE SUSPECTS TO TRIAL WILL MEAN THE
TRIAL WILL BE CONDUCTED IN A NEUTRAL COUNTRY -- POSSIBLY THE
NETHERLANDS -- AND WITHOUT A JURY. HOWEVER, THE TRIAL WILL BE
HELD UNDER SCOTTISH LAW, PRESIDED OVER BY A SCOTTISH JUDGE AND
WILL INCLUDE A PANEL OF JUDGES SELECTED BY THE BRITISH
GOVERNMENT.
UP UNTIL NOW, BRITAIN AND THE UNITED STATES HAVE INSISTED ON A
TRIAL BY JURY AND ALSO THAT IT TAKE PLACE IN SCOTLAND OR THE
UNITED STATES. PROFESSOR BLACK SAYS THE LIBYAN SUSPECTS' LAWYER
REFUSED TO BRING HIS CLIENTS BEFORE A JURY TRIAL BECAUSE OF THE
WIDE PUBLICITY SURROUNDING THE BOMBING OF PAN AM FLIGHT 103 IN
WHICH 270 PEOPLE WERE KILLED.
///SECOND BLACK ACT///
AND THE LOCKERBIE INCIDENT HAS HAD SO MUCH PUBLICITY
THERE, THEIR VIEW (SUSPECTS LAWYERS VIEW IS) THAT THEIR
CLIENTS COULD NOT GET A FAIR TRIAL BECAUSE THE JURORS
ALREADY HAVE PARTIALLY MADE UP THEIR MINDS BECAUSE OF
PRETRIAL PUBLICITY.
///END ACT///
PROFESSOR BLACK IS IN SOUTH AFRICA AS A VISITING PROFESSOR AT THE
UNIVERSITY OF STELLENBOSCH AND IS COMPLETING A BOOK ON SCOTTISH
LAW OF EVIDENCE. HE TOLD V-O-A HE WAS PROMPTED TO TRY AND FIND
A RESOLUTION TO THE LOCKERBIE TRIAL IMPASSE BECAUSE HE WAS BORN
AND RAISED IN LOCKERBIE AND CONSIDERS HIMSELF A CITIZEN OF THE
TOWN.
HE SAID AFTER EXTENSIVE NEGOTIATIONS IN 1994 WITH THE SUSPECTS'
LAWYER, HE RECEIVED AN UNDERTAKING THE LIBYANS WOULD ATTEND A
TRIAL IN A NEUTRAL COUNTRY.
///THIRD BLACK ACT///
AFTER CONSIDERABLE NEGOTIATION, HE AGREED TO THOSE
PROPOSALS AND HE GAVE ME AN UNDERTAKING -- IN WRITING --
THAT IF SUCH A COURT WERE SET UP, HIS CLIENTS WOULD
ATTEND FOR TRIAL BEFORE IT. AND I ALSO GOT THE
AGREEMENT OF THE LIBYAN GOVERNMENT AT THAT TIME, IN
JANUARY 1994, THAT THEY WOULD PERMIT THEIR CITIZENS TO
STAND TRIAL BEFORE SUCH A COURT.
///END ACT///
THE ORGANIZATION OF AFRICAN UNITY HAS DECIDED TO END UNITED
NATIONS SANCTIONS AGAINST LIBYA WITHIN MONTHS BECAUSE THEY SAY
LIBYA HAS MADE CONCESSIONS AFTER AT FIRST REFUSING TO ALLOW ITS
CITIZENS TO BE TRIED BY A U-S OR SCOTTISH COURT. PROFESSOR BLACK
SAYS THIS IS WHAT COMPELLED BRITAIN AND THE UNITED STATES TO
ACCEPT THE COMPROMISE.
///FOURTH BLACK ACT///
THEY, THE MEMBER STATES OF THE ORGANIZATION OF AFRICAN
UNITY, WOULD NOT ANY LONGER COMPLY WITH UNITED NATIONS
SANCTIONS AGAINST LIBYA AS FROM SEPTEMBER OF THIS YEAR.
NOW YOU SEE I THINK THAT IS THE REAL PRESSURE THAT HAS
CAUSED BRITAIN AND UNITED STATES TO CHANGE THEIR
POSITION, BECAUSE THE WHOLE SYSTEM INVOLVING SANCTIONS
AGAINST LIBYA WAS BEGINNING TO CRUMBLE.
///END ACT///
WHILE MANY VICTIMS' FAMILIES IN THE UNITED STATES CONTINUE TO
DEMAND A JURY TRIAL IN THE UNITED STATES OR SCOTLAND, THOSE IN
BRITAIN HAVE ACCEPTED THE COMPROMISE PROPOSAL. PROFESSOR BLACK
SAYS THEY WANT TWO THINGS: THAT THE EVIDENCE BE TESTED BEFORE AN
INDEPENDENT TRIBUNAL AND THAT IF FOUND GUILTY, THE SUSPECTS ARE
PUNISHED. HE SAYS THIS CAN BE ACHIEVED IF THE SUSPECTS ARE TRIED
IN A SCOTTISH COURT SITTING IN A NEUTRAL COUNTRY. (SIGNED)
NEB/DAR/ADEN/KL
24-Jul-98 10:11 AM EDT (1411 UTC)
NNNN
Source: Voice of America
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