So much Scots law: the legal framework of the Lockerbie trial

So much Scots law: the legal framework of the Lockerbie trial The verdict delivered in the Lockerbie trial by the Scots High Court of Justi- ciary sitting at Camp Zeist in the Netherlands, Her Majesty's Advocate ro. Ab- delbaset Ali Mohmed Al Megrahi and Al Amin Khalifa Fhimah,l contains no novel rulings of law and has little intrinsic legal interest. As the Court itself expressly stated: It is not disputed, and was amply proved, that the cause of the disaster was indeed the explosion of a device within the aircraft. Nor is it disputed that the person or persons who were responsible for the deliberate introduction of the explosive device would be guilty of the crime of murder. The matter at issue in this trial therefore is whether or not the Crown [has] proved beyond reasonable doubt that one or other or both of the accused' was responsible, actor or art and part, for the deliberate introduction of the device.3 The phrase "actor or art and part" indicates that the charge has been made against the accused regardless of whether he acted alone or in conjunction with another in the commission of the crime charged. As the authoritative work on Scots criminal law notes: There are three ways in http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Yearbook of Islamic and Middle Eastern Law Online Brill

So much Scots law: the legal framework of the Lockerbie trial

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Publisher
BRILL
Copyright
Copyright 2001 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1384-2935
eISSN
2211-2987
D.O.I.
10.1163/221129801X00086
Publisher site
See Article on Publisher Site

Abstract

The verdict delivered in the Lockerbie trial by the Scots High Court of Justi- ciary sitting at Camp Zeist in the Netherlands, Her Majesty's Advocate ro. Ab- delbaset Ali Mohmed Al Megrahi and Al Amin Khalifa Fhimah,l contains no novel rulings of law and has little intrinsic legal interest. As the Court itself expressly stated: It is not disputed, and was amply proved, that the cause of the disaster was indeed the explosion of a device within the aircraft. Nor is it disputed that the person or persons who were responsible for the deliberate introduction of the explosive device would be guilty of the crime of murder. The matter at issue in this trial therefore is whether or not the Crown [has] proved beyond reasonable doubt that one or other or both of the accused' was responsible, actor or art and part, for the deliberate introduction of the device.3 The phrase "actor or art and part" indicates that the charge has been made against the accused regardless of whether he acted alone or in conjunction with another in the commission of the crime charged. As the authoritative work on Scots criminal law notes: There are three ways in

Journal

Yearbook of Islamic and Middle Eastern Law OnlineBrill

Published: Jan 1, 2000

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