-Caveat Lector-

from:
http://www.telegraph.co.uk:80/et?ac=003915401539178&rtmo=3SYuKn3M&atmo=rrrrrrr

q&pg=/et/00/11/30/nlock30.html
Click Here: <A
HREF="http://www.telegraph.co.uk:80/et?ac=003915401539178&rtmo=3SYuKn3M&atmo=r

rrrrrrq&pg=/et/00/11/30/nlock30.html">Lockerbie acquittal plea is rejected</A>
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ISSUE 2015  Thursday 30 November 2000

Lockerbie acquittal plea is rejected
By Auslan Cramb in Camp Zeist, Holland


THE judges hearing the Lockerbie trial yesterday rejected a motion to acquit
one of the two Libyans accused of the bombing.
Richard Keen, QC, defending, had argued that there was "no case to answer"
against his client and "not a jot" of evidence linking him to the bombing of
Pan Am Flight 103. But Lord Sutherland, the presiding judge, said the court
had to take the prosecution evidence "at its highest" and took four minutes
to reject the application that could have freed Al Amin Khalifa Fhimah, 44.
The defence case will now proceed next week with both accused still facing
charges of murder, conspiracy to murder and breaching an aviation security
Act. Fhimah, in traditional white Libyan dress, leant forward while the judge
made the ruling, and sat back in his chair without expression when the motion
was refused.
Relatives of those who died welcomed the decision and said it would allow
them to hear in full the defence version of events, which will incriminate
Palestinian individuals and terrorist groups. Mr Keen had argued on Tuesday
that the case against Fhimah, an alleged Libyan secret agent, was entirely
circumstantial and had failed to tie him to most of the accusations in the
complex charges.
The judges considered the matter overnight and Lord Sutherland told the court
that the panel of three judges was not satisfied there was no case to answer.
He said they were rejecting the plea in particular because of entries in
Fhimah's diary, referring to the need to acquire Air Malta tags, his
association with the first accused and, "crucially", the evidence of Abdul
Majid Giaka, a Libyan double agent.
Giaka, who was dismissed during defence cross-examination as a Walter Mitty
character, told the CIA that he saw Fhimah carry a brown, Samsonite suitcase
through the airport at Malta on the eve of the bombing.
The charges against Fhimah and Abdelbaset Ali Mohmed Al Megrahi, 48, state
that they put a suitcase containing a bomb on an Air Malta flight from Malta
to Frankfurt, with tags routing it to London and Flight 103.
The trial continues.

© Copyright of Telegraph Group Limited 2000
-----
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