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Monday, December 7, 1998 Published at 12:06 GMT


Talking Point


Will the Lockerbie suspects get a fair deal from Western justice? Your reaction

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I am wondering what business it is of the US? Is it because of American passengers being on board? Actually, I feel the justice lies with the two men. But of course they are just looked at as terrorists, yet their religious reasons and understandings are not accepted by the West. May Allah protect them and grant them his promise of martyrdom if they are executed. I am just wondering, being an American myself, living out of the US, if something were to happen to me, would there be all this media hype and tug-of-war over my killers?
Aisha, Egypt

It is very unlikely for the two men to get a fair trial given the extreme publicity of the case.
Kadi, Canada

It will be very hard to get a fair trial as they have already judged by many; If they are guilty then prosecute, If they are not then they should go free. What ever happens they should do it quickly so that the families of the victims shall get some justice soon.
Tom f-s, GB

It is very unlikely that the two suspects will ever get a fair trial. After all it is nearly ten years since this tragedy happened and the two accused have been already sentenced by the media. If the interested party were really interested in justice, the two accused could have been put on trial in absentia and extradited if found guilty. However, as things stand now this case has been a political showcase rather than an attempt to seek justice for the victims family.
Nazzar Tellisi, UK

I don't think they will receive a fair deal unless the trial is presided over by some international judges and held in a neutral country such as Switzerland. The West is out there to get them so they have already been sentenced to death.
Greg Lee, USA

It is hard to say whether the two Libyans will get a fair trial. 'Fairness' can be difficult to achieve any time there is a lot of pre-trial publicity. There is also a concern about exactly what type of evidence will be allowed at the trial. it is unlikely that the British and the Americans will be willing to turn over all of the relevant records on the case, and if I was a defendant I would be very concerned about that kind of situation.
Brian Arthur, USA

I find the comments here intriguing. Most hinge on the argument that the world/media has already convicted them. Well, that may be the case, but let me ask you this: Would they even get the chance to plead their case to the world were the victim/terrorist roles reversed? Try committing a crime in their land, watch the "justice system" unfold and then ask yourself whether or not we are treating them fairly.
John, US

I have followed this tragic case from the beginning. As a barrister myself, I have witnessed so many gaps in the stories received, in the witness statements, in the initial investigations, in the 'mysterious' appearance of investigators and the mysterious 'disappearance ' of others, in the 'disappearance' of some of the bodies, of the suitcases, of the identities of the passengers, in the dismissal of the initial doctor who investigate the matter, etc etc. that I cannot imagine that this case has ever been one of legal issues. It has been a political issue from beginning to end.
Of course, the legal position itself has been twisted for political ends. The 'extradition' itself was not a legal request. Legally these two 'suspects' should have been tried n Libya itself, according to international treaties of air transport, ratified by Libya - and the US & the UK! My fear is, the poor victims and their families who have suffered so much, will continue to suffer, because of the politicisation of this issue. Candidly, the real criminal have been lost in the jungle of international politics of expediency!
S.D.El-Falahi, United Kingdom

They never get a fair trial.
Abdel, UK

The main problem is the linking of the case to the anniversary date. What significance has the date to do with the trial starting before the 10th anniversary? The other is media coverage of the whole issue.
Frasier Chirwa, UK

Yes they will. Justice is universal, has nothing to do with race or a culture, and totally blind. Trying the two suspects is the most urgent thing. Everyone forgot that hundreds of lives perished because of acts of terrorism and venegance. Justice will surely be served.
Al-Arbi, Canada

A trial of the suspects would be a circus that would serve no purpose other than entertaining the world. The family of the victims will never get their justice.
Saladin Elkadiki, Canada

What if the two suspects are found not guilty? US and UK don't have a backup plan and so they will do their possible to get a guilty verdict.
L Parkes, UK

The two suspects will not get a fair trial from the west because they already judged by western media.
Jumah Ali, student in UK

The job is not that hard!
Caroline Booth, UK

We in the west have a greater sence of right and wrong than people in eastern countries.
Steve French, UK

The great media attention that this case will attract will no doubt work to ensure fairness in the trial.
Mark Andersen, Denmark

Yes they will if they were handed over. Justice is justice no matter where.
Mohamed, Canada

I think that the Libyan suspects will recieve a fair trial as generally our justice system is quite good and fair. Although it may be difficult to gather all the information as the disaster happened 10 years ago.
Elinor Bray, UK

It is my conviction that the two Libyan suspects have been prejudged. They have been prosecuted, tried and convicted before the entire world. What disturbs me most about the PanAm saga is the fact that both the U.S. and the U.K. have yet to present to the international public concrete evidence, rather than circumstantial, that led them to Libya.
Luke de Novellis, USA

I think they will get a fair trial in this country. It is said that British justice is the best in the world so the Libyans can argue against it. The families of the victims deserve to have the people responsible brought to justice so the quicker the trial, the better.
Simon Burke, UK

The two men deserve justice and will get a fair trial. However, Libya deserves no deal.
Joan Lisa, USA

No, I do not believe that the Lockerbie suspects will get a fair trial. The evidence which links them to the bombing is known to be highly suspect, and yet the United States (and Britain) has invested so much effort to scapegoat them that I do not believe that they can "afford" to find them not guilty, even if the evidence points to this conclusion.
Paul Lockwood, UK

The Libyan suspects will certainly get a fair trial under Scots law. In fact, they are almost certainly to be given a verdict of "not proven". The evidence gathered to date may be compelling and point to a Libyan connection but the bulk of it is circumstantial and legally inadmissible. The Libyan suspects have nothing to fear from a Scottish court.
J Elder, UK

No they won't, because the West has already judged them even before they have been tried. The West already believes these suspects are guilty.
Kudzi, UK

It is difficult to see how there will be true justice given the media coverage and the close involvement of so many leading intelligence services.
Chris Doyle, UK

If Gadaffi has no objection to the trial being under Scottish Law then, if found guilty, why should they not be held in a Scottish prison? This objection makes no sense.
Jason, Scotland

I think that the suspects can get a fair trial simply because the emotional impact has been dulled to some extent in the past 10 years. Also, anyone in a position to decide their fate ought to be reasonable enough to put aside any emotional feelings that they may have harbored about the attack in the past decade. Justice requires that these men be tried, and I would hope that civilized people would be capable of trying them fairly.
Adam Humphreys, USA

Yes they will get a fair deal. Much fairer than the deal the Lockerbie victims got.
Andrew Kelly, UK

Hmmm..a tough question. I don't think previous cases, such as the Guildford Four and Birmingham Six, lend much credibility to the British justice system. Possibly the spotlight of international attention will shield them from the worst excesses of the British Courts. I think they should be tried in a country such as the Netherlands.
Tom Bowshall, Australia

Press coverage so far has been prejudicial to their case.
Paul Cockshott, UK

No. Because of excess adverse media coverage, it is difficult to get a fair trial. I do not know the substance of the proof the investigators have. Having seen cases like OJ, Woodward, I feel it is difficult to conduct the proceedings freely and fairly.
Harish, India

It is with respect to the families that a trial must take place. Yet the full facts will probably never come out. It is outrageous that it has taken ten years to get this far, yet when it suits Governments action can be taken immediately. Its a said state of affairs, when in all honesty, if there had been a subsequent election in the US, action would have been taken.
Philip Levy, UK

I hope that the Scottish authorities will go out of their way to ensure that the trial is entirely fair and that no undue pressure is brought to bear on the Judges. After all, it is their reputation which will be severely tarnished if the trial is not conducted in an impartial fashion.
Richard Galloway, UK

The two will get a fair deal from the west.
Jordan B Michaels, USA

The implications of who else is involved in the bombing of 103 will prevent these two people from ever reaching a western court room.
David V Donahue, USA

I assume Scottish courts work along the same lines as the rest the civilized countries. Courts that are run by the laws of Scotland and trials based on evidence. No dictatorship run by thugs, doing whatever they feel like, rules made up by insane rulers. Ah, I can see where Libya would hold the view that the two suspects might get an unfair trial....
Otto Gross, USA

As a journalist who has spend a lifetime covering trials, there is no doubt in my mind that the two Libyans will get a much fairer trial in either the U.K. or the U.S., than they would in any Mideastern country. If anyone has the upperhand in the U.S., it is the person charged with a crime. A jury is instructed to come back with a guilty, only if there is not a reasonable doubt. I'm sure O.J. Simpson would have some very nice words to say about our judicial system. I am not a proponent of the death penalty, only because I've never seen a person of means who could afford a good attorney, be sentenced to death. The men and women in America's "Death Rows" are made up of indigent people who were represented for the most part by inexperienced public defenders. If these two men are the culprits, their lives will be much better than the loved ones who lost their kin in that terrible explosion over Scotland.
R K Collier, USA

Up to now, all that the UK and US have had to do is to allege that these men are guilty. In Court, the security services of these two countries will have to produce their evidence. This will result not only in a much fairer outcome for these two men, but it will also fulfil the demands of those relatives who suspect western or other involvement or negligence in the incident.. These two men should be demanding justice, not trying to avoid it.
Jon Livesey, USA

In truth,I don't see any reason why these men should not get a fair trial. It would be a crime in itself not to give them a chance to prove their innocence or guilt without a biased jury,a paid off judge, etc. These men are human beings whether some want to admit it or not. As such, they deserve to have the same rights as you and I. Until then, they're innocent until proven guilty.
Sherry Shaner, USA

The time between the disaster and any trial is way too long. It also seems to me that most people assume that these men are guilty already. I don't think the Lybians were directly involved. The US had only recently shot down an Iranian passenger plane. So I don't think the investigators took ALL the facts into consideration and made Lybia (and these men) a scapegoat.
H Whyte, Scotland

I have one question. Why would one country endure 6-7 years of sanctions for "just" two men? I can't think of anything comparable to this (from history).
Minesh B Amin, USA

History tells me that few Arabs get a fair deal from the American justice system. I am not familiar with the British system of justice but I can't imagine it to be much better for non-Europeans. Moreover the real defendant in this case is Colonel Qadafi not these two miserable insignificant individuals. So where is the justice?
Dr Mansour O El-Kikhia, USA

Yes, I believe the legal system would be fair, if the two suspects are put in front of a trial in the Netherlands. However, I have serious doubts about the public opinion of such a trial. And I fail to understand why Libya has to extradite its own citizens for trial abroad - not a single country in this world extradites its nationals for trial abroad as a general rule of law. It is my belief that world opinion has already judged mr. Fhima and mr. Megrahi - not for being guilty, but for being Libyan. Only strict legal procedure will be able to find the truth - let us hope that the Scottish judges will follow the law and not public opinion.
Safia Aoude, Denmark

Why shouldn't they? They have never been referred to as anything but suspects, and they would receive all the usual safeguards of the British law.
Paul R Cooper, UK

I do believe that the two suspects will get a fair trial in Scotland, particularly bearing in mind that the atrocity happened 10 years ago, and a lot of the initial outrage has now passed. That said, why isn't Gaddafi on trial? It was HE who sanctioned and funded this outrage in the first place, and HE who has sheltered the two suspects ever since. All along, Gaddafi has been using the two men to negotiate his way back into the West's good books, while keeping credibility with the more hostile elements in the Arab World.
Geoff Richards, UK

If, the Lockerbie 'suspects' are innocent, they will not have to pay for the crime they committed. If, they are guilty, then they will have to pay for it. And, if that is the case, it will be well deserved. Terrorism is an act against all citizens everywhere. Even against the the people in the nation that may have sponsored such a dreadful act. Therefore, justice should be very quick and very efficient. There should be no special considerations for 'killers'.
Dave Adams, USA

The world has already decided they are guilty. How can they get a fari trial?
Patrick, UK

The exagerated efforts to obtain these two suspects for trial has overlooked that they are only a small part of the terrorist act. If the trial takes place these suspects will get a fair trial but their accomplices will not.
Dave, Canada

Yes, they should, but will they? We must be sure that these two men are the culprits and not just scape-goats. Remember in the UK a Man is innocent until proven guilty. How many horriric crimes have been committed in the UK, then years later find that an innocent man has been convicted. If must be proven they are the culprits without the shadow of a doubt.
David Warburton, UK

Sadly, this pair will receive too fair a deal. In fact, they already have. Because of Gaddafi's implicit involvement with their terrorist acts, they have eluded justice for longer than they have deserved to. Any British court, for that matter, will be more impartial to these criminals than any form of so-called 'justice' that an international criminal such as Libya can muster (where anyone even deemed a criminal can be held without even being charged with a crime, indefinitely). In all hopes, if Libya reneges on their latest agreements to turn these two over to more justice than they would otherwise ever witness, the UN is morally obligated to increase the intensity of sanctions against it. In today's international community, Libya must be held accountable for its miscarriages of justice. I do hope to see this pair tried by a Scottish court, and serving their sentences in Scotland. Hopefully Libya would then learn a lesson in what justice is.
Charlton Barreto, USA

No, they won't - because Gaddafi will never turn them over. They're his men and they can implicate him. And the West hasn't the nerve to do anything more than keep demanding they be turned over.
T.J. Cassidy, USA

The judicial system in Scotland ranks amongst the fairest in the world. If these two men maintain that they are not party to the massacre of innocent air travellers then they have the opportunity to present their case in a court that presumes innocence until proven guilty.
Robert Forbes, Papua New Guinea

They'll get a much fairer trial in the west than they would if they'd tried to blow up a Libyan plane. I suspect the west will go out of its way to ensure a fair trial for the Libyan suspects, but it won't make any difference to the Libyan bigots who will watch the trial closely. Any conviction is likely to result in "reprisal" terrorism.
Thomas Threlkeld, USA

It will be difficult - but not impossible - to assure a fair trial if run under Scots Law. Don't get me wrong, I'm not saying Scots Law is worse or better any other nation's Law. The British and American Governments have been pushing this trail so it will be hard for any judge or juror to return a not guilty or not proven verdict. As there is plenty of conflicting evidence, this is not an unlikely scenario. This would cause a major embarrassment for the UK and US authorities, and a huge moral victory for Colonel Gaddafi.
Maybe the solution could be to have a trail under Dutch (the trail is taking place there anyway) or replace the panel of Scottish judges by a panel of international judges. Also if a verdict other than guilty is returned there is still a possibility of the suspect being sued in a civil court in the US. That is why I have some understanding for the Libyan position only to cooperate if a fair trail is assured. With one of the countries acting as prosecutor, judge, juror and jailer, there is a potential risk of a miscarriage of justice. My personal view is have a trial, but build in lots more safeguards to ensure a fair and just trial.
Peter Heerens, Netherlands, Living in Scotland




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