Robert Black QC FRSE FRSA is Professor Emeritus of Scots Law at the University of Edinburgh. He has been an Advocate in Scotland since 1972, was in practice at the Bar and became a QC in 1987.
Robert Black QC FRSE FRSA is Professor Emeritus of Scots Law at the University of Edinburgh. He has been an Advocate in Scotland since 1972, was in practice at the Bar and became a QC in 1987.
Robert Black was educated at Lockerbie Academy and Dumfries Academy. He graduated from the University of Edinburgh with First Class Honours in Law in 1968 and was awarded the Lord President Cooper Memorial Prize as the most distinguished graduate in that year. Thereafter he studied at McGill University in Montreal on a Commonwealth Scholarship graduating LL.M. in 1970.
In January 1981, he was appointed to the Chair in Scots Law at Edinburgh, until he took semi-retired status as Emeritus Professor in 2005. Thereafter he continued part-time, teaching the Scots Law of Evidence. Between 1983 and 1999 he served as Head of the Department of Scots (later Private) Law. From 1984 to 2003 he was a member of every Dean's Council of the Faculty of Advocates (the Scottish Bar). In 2006–7 academic session Black retired from university teaching. [1]
From 1981 to 1994 he served as a temporary sheriff. Over the years he has acted as the Law Society of Scotland's examiner in Evidence; as the examiner in Civil and Criminal Procedure and Pleading, for solicitors seeking extended rights of audience; and, as the Faculty of Advocates' examiner in Private Law.
He was General Editor of The Laws of Scotland: Stair Memorial Encyclopedia (25 volumes) from 1987 to 1996. He has made extensive contributions to books and to numerous legal journal articles. [2]
Black has taken a close personal and professional interest in the Pan Am Flight 103 bombing of 21 December 1988, particularly because he was born and brought up in Lockerbie, Scotland. He has published a substantial number of articles on the topic in the United Kingdom and overseas. Black is often referred to as the architect of holding the non-jury Pan Am Flight 103 bombing trial at the neutral venue of Camp Zeist, Netherlands, and applying Scots Law to the Lockerbie case.
At the end of the nine-month trial, on 31 January 2001, Abdelbaset al-Megrahi was convicted of the murder of 259 passengers and crew of the aircraft, and of 11 people in the town of Lockerbie. Black reacted to the unanimous verdict of the three judges: "I thought this was a very, very weak circumstantial case. I am absolutely astounded, astonished. I was extremely reluctant to believe that any Scottish judge would convict anyone, even a Libyan, on the basis of such evidence." [3] He warned that Megrahi stood a better-than-average chance of being acquitted on appeal. [4]
However, Megrahi's appeal against conviction was rejected on 14 March 2002. His lawyers applied in September 2003 to the Scottish Criminal Cases Review Commission (SCCRC), but he dropped his appeal in August 2009 and, because of terminal cancer, was released from Greenock Prison on compassionate grounds and returned to Libya on 20 August 2009. [5]
On 1 November 2007, Black was invited by Megrahi to visit him in prison. Black reported on this first meeting with Megrahi, as follows:
Responding to remarks alleged to have been made by former Lord Advocate, Lord Fraser of Carmyllie, critical of main prosecution witness Tony Gauci, and reported in The Sunday Times of 23 October 2005, Black described the alleged remarks as "an indication that various people who have been involved in the Lockerbie prosecution are now positioning themselves in anticipation of the SCCRC holding that there was a prima facie miscarriage of justice and sending it back for a fresh appeal."
In an interview with The Scotsman on 1 November 2005 Black said Megrahi's conviction was "the most disgraceful miscarriage of justice in Scotland for 100 years." He vowed to continue his fight to have the case brought back to the appeal courts. "I have written about this and nobody is interested," Black said. "Every lawyer who has ... read the judgment says 'this is nonsense'. It is nonsense. It really distresses me; I won't let it go." [7]
Black feels partially to blame for Megrahi's situation: "I feel a measure of responsibility for having suggested this form of procedure and having played a part in persuading the Libyans to agree to it. And then this happens. My concern is not about his guilt or innocence, although I do believe him to be innocent. My concern is that on the evidence led at Zeist, he ought never to have been convicted." Despite widespread concerns about the potential for pre-trial publicity prejudicing a jury, Black now believes the accused may have fared better under the conventional procedure than in the non-jury trial that he formulated. Black says: "If they had been tried by an ordinary Scottish jury of 15, who were given standard instructions about how they must approach the evidence, standard instructions about reasonable doubt and what must happen if there is a reasonable doubt about the evidence, no Scottish jury could have convicted Megrahi on the evidence led at the trial."
On 28 June 2007, the SCCRC announced that it had concluded its review and had referred Megrahi's case back to the Court of Criminal Appeal for a second appeal against conviction. [8]
After a delay of over 18 months, it was announced in January 2009 that the second appeal is scheduled to start on 27 April 2009 and that the hearing could last as long as 12 months because of the complexity of the case and volume of material to be examined. [9]
In February 2009, Black proposed a number of Scots law changes so as to expedite the Lockerbie appeal verdict. [10]
In September 2008, following a meeting organised by the Lockerbie Justice Group at Greshornish House on the Isle of Skye, Black and Professor Hans Köchler called for a new public inquiry into the Lockerbie bombing. [11] Black said:
Megrahi could go home if his appeal succeeds or if a fair appeal cannot be achieved. I am not convinced there is the political will to have the case reinvestigated, however, but one of the things we have been trying to do is to insert some backbone into those politicians who have the power to make it happen.
In 2005 Black took "semi retired" status, before retiring altogether in 2006. He asserts that he is one of a dying breed of legal academics: "Most academic lawyers, years ago, were like me – they had come up through the ranks of the practising profession. That's unusual these days. In many cases they have never advised a human being with a legal problem in their lives."
Black spends six months of the year at his second home near a remote village in the Northern Cape of South Africa.
Kenneth Wright MacAskill is a Scottish politician who has been Member of Parliament (MP) for East Lothian since 2019. He previously served as Cabinet Secretary for Justice from 2007 to 2014 and was a Member of the Scottish Parliament (MSP) from 1999 to 2016. A former member of the Scottish National Party (SNP), he defected to the Alba Party in 2021 and currently serves as the party's depute leader.
The Scottish court in the Netherlands was a special sitting of the High Court of Justiciary set up under Scots law in a former United States Air Force base, Camp Zeist in Utrecht, in the Netherlands, for the trial of two Libyans charged with 270 counts of murder in connection with the bombing of Pan Am Flight 103 over Lockerbie, Scotland, on 21 December 1988. A school on the former base was converted into a judicial court for the trial.
Peter Lovat Fraser, Baron Fraser of Carmyllie, PC, QC was a Scottish politician and advocate.
Abdelbaset Ali Mohamed al-Megrahi was a Libyan who was head of security for Libyan Arab Airlines, director of the Centre for Strategic Studies in Tripoli, Libya, and an alleged Libyan intelligence officer. On 31 January 2001, Megrahi was convicted, by a panel of three Scottish judges sitting in a special court at Camp Zeist in the Netherlands, of 270 counts of murder for the bombing of Pan Am Flight 103 over Lockerbie, Scotland, on 21 December 1988 and was sentenced to life imprisonment. His co-accused, Lamin Khalifah Fhimah, was found not guilty and was acquitted.
The Pan Am Flight 103 bombing trial began on 3 May 2000, more than 11 years after the destruction of Pan Am Flight 103 on 21 December 1988. The 36-week bench trial took place at a specially convened Scottish Court in the Netherlands set up under Scots law and held at a disused United States Air Force base called Camp Zeist near Utrecht.
Ranald Norman Munro MacLean, Lord MacLean is a retired Scottish judge.
The investigation into the bombing of Pan Am Flight 103 began at 19:03 on December 21, 1988 when Pan Am Flight 103 was blown up over Lockerbie in Dumfries and Galloway, Scotland. The perpetrators had intended the plane to crash into the sea, destroying any traceable evidence, but the late departure time of the aircraft meant that its explosion over land left a veritable trail of evidence. The investigation led to the prosecution, conviction, and imprisonment of Abdelbaset al-Megrahi.
Pan Am Flight 103 conspiracy theories suggest a number of possible explanations for the bombing of Pan Am Flight 103 on December 21, 1988. Some of the theories preceded the official investigation by Scottish police and the FBI; others arose from different interpretation of evidence presented at Libyan agent Abdelbaset al-Megrahi's 2000–2001 trial; yet others have been developed independently by individuals and organisations outside the official investigation.
The Scottish Criminal Cases Review Commission (SCCRC) is an executive non-departmental public body of the Scottish Government, established by the Criminal Procedure (Scotland) Act 1995.
William Taylor, QC has been a Scottish advocate since 1971 and a QC since 1986. He has also been a barrister in England and Wales since 1990 and a Queen's Counsel there since 1998. He has specialised in criminal defence work since the 1980s.
Herbert Swire, known better as Jim Swire, is an English doctor best known for his involvement in the aftermath of the 1988 bombing of Pan Am Flight 103, in which his daughter Flora was killed. Swire lobbied toward a solution for the difficulties in bringing suspects in the original bombing to trial, and later advocated the retrial and release of Abdelbaset al-Megrahi, the originally convicted suspect in the case.
Sir Gerald Henry Gordon is a Scottish lawyer who is the editor of Scottish Criminal Case Reports and of Renton and Brown's Criminal Procedure, and author of The Criminal Law of Scotland.
James Alexander Mackay QPM retired as Deputy Chief Constable of Tayside Police in 2001. He has had considerable experience of criminal investigation and major inquiries. He is especially interested in forensic science and has served on national committees particularly in the field of DNA in police investigation.
Gerard Sinclair is Chief Executive of the Scottish Criminal Cases Review Commission (SCCRC).
Tony Gauci was the proprietor of Mary's House, a clothes shop in Sliema, Malta, who was a witness in the prosecution of Abdelbaset al-Megrahi in relation to the Lockerbie Bombing.
Pan Am Flight 103 (PA103/PAA103) was a regularly scheduled Pan Am transatlantic flight from Frankfurt to Detroit via a stopover in London and another in New York City. The transatlantic leg of the route was operated by Clipper Maid of the Seas, a Boeing 747 registered N739PA. Shortly after 19:00 on 21 December 1988, while the aircraft was in flight over the Scottish town of Lockerbie, it was destroyed by a bomb, killing all 243 passengers and 16 crew in what became known as the Lockerbie bombing. Large sections of the aircraft crashed in a residential street in Lockerbie, killing 11 residents. With a total of 270 fatalities, it is the deadliest terrorist attack in the history of the United Kingdom.
Hans Köchler's Lockerbie trial observer mission stemmed from the dispute between the United Kingdom, the United States, and Libya concerning arrangements for the trial of two Libyans accused of causing the explosion of Pan Am Flight 103 over Lockerbie on 21 December 1988.
Mebo Telecommunications AG is owned by Swiss businessmen Erwin Meister and Edwin Bollier.
Abdelbaset al-Megrahi was convicted on 31 January 2001 by a special Scottish Court in the Netherlands for the bomb attack on Pan Am Flight 103 on 21 December 1988 over Lockerbie. After he was diagnosed with terminal prostate cancer, he was released from prison on compassionate grounds on 20 August 2009, having served 8½ years of a life sentence. His release was authorised by Scottish Justice Secretary Kenny MacAskill. The decision attracted significant news coverage, engendering widespread celebration in Libya, a largely hostile reaction in the United States and a more equally divided reaction in Britain.
"Lockerbie Revisited" is a 52-minute episode of the Dutch VPRO documentary television series Backlight which was broadcast in the Netherlands on the eve of Abdelbaset al-Megrahi's second appeal against his conviction of multiple counts of murder for his connection to the bombing of Pan Am Flight 103 that started at the High Court of Justiciary in Edinburgh on 28 April 2009. The film's director, Gideon Levy, narrates in Dutch and conducts interviews in English with retired FBI officer Richard Marquise, Detective Chief Superintendent Stuart Henderson of the Scottish police, ex-FBI laboratory official Thomas Thurman, UN Observer at the Lockerbie trial Hans Köchler, author and journalist Ian Ferguson, former CIA agent Robert Baer, ex-FBI laboratory scientist Fred Whitehurst and former Lord Advocate Lord Fraser of Carmyllie.