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Monday, April 5, 1999 Published at 12:06 GMT 13:06 UK World Analysis: Legal firsts for Lockerbie trial ![]() Camp Zeist: Designated as Scottish for the trial The handover of the Libyans accused of the 1988 Lockerbie bombing has cleared the way for an unprecedented legal event.
The compromise deal brokered by Nelson Mandela last year to allow for the handover of the suspects hinged on the trial being held in a neutral country, but under Scottish law. It is expected to be the longest in Scottish legal history and has only been made possible with the signing of a special treaty by the UK and Dutch Governments.
The Dutch have agreed to provide accommodation for the court, but only ''for the sole purpose, and for the duration, of the trial".
Provision has been made for the accused to be held in the court building prior to and during the proceedings. Costs incurred by the Dutch authorities will be met by the UK. The UK Government has guaranteed that the accused will not be taken to the UK unless they say they want to be tried by jury in Scotland or, if they are convicted, to serve out their sentence in a Scottish prison. The legal framework
The Lord Justice Clerk, one of the country's most senior legal officers, will appoint three judges to hear the case. A fourth judge will be appointed to sit in the court, but not take any in the decision unless one of the judges dies or is absent for a prolonged period. But in other ways the case will follow the procedure of Scottish law, itself quite different from that of England and Wales.
They will be questioned, behind closed doors, by the procurator fiscal. The accused have the right to chose not to answer any questions, but a shorthand writer will be present at the hearing. No decision will be made on the evidence and whether or not there is a case to answer at this point.
If the accused want to lodge a special defence - for example, blaming someone else - that must be done before the trial gets under way. Scots law allows for ''persons unknown'' to be identified as the culprits. There will then be no opening speeches. The trial begins with witnesses being called and the prosecution must prove its case ''beyond reasonable doubt''. The judges must give written reasons for any conviction and that result must be reached by a majority verdict. If a conviction is secured, the men will be able to appeal to a panel of five judges. But Scottish law allows for a third verdict to be reached - ''not proven''. This is an acquittal and a person cannot be tried again if that verdict is passed.
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