DATE=7/22/98
TYPE=BACKGROUND REPORT
NUMBER=5-40970
TITLE= LOCKERBIE / BRITAIN
BYLINE= ANDRE DE NESNERA
DATELINE= LONDON
CONTENT=
VOICED AT: 

INTRO:  THE SPOKESMAN FOR THE BRITISH FAMILIES WHO LOST RELATIVES
IN THE 1988 BOMBING OF A PAN AM 7-47 JETLINER OVER LOCKERBIE 
SCOTLAND SAYS HE IS DELIGHTED THE UNITED STATES AND BRITAIN ARE 
LOOKING AT WAYS TO BRING TO TRIAL TWO LIBYAN SUSPECTS IN A 
SCOTTISH COURT, SET UP OUTSIDE SCOTLAND. V-O-A'S ANDRE DE NESNERA
SPOKE WITH DR. JIM SWIRE -- AND FILED THIS REPORT FROM LONDON.

TEXT:  FOR YEARS, THE BRITISH AND AMERICAN GOVERNMENTS' POLICIES 
ON THE 1988 LOCKERBIE BOMBING REMAINED UNCHANGED -- THAT THE TWO 
LIBYANS SUSPECTED OF PLANTING THE BOMB ON THE PAN AM JUMBO-JET 
MUST BE TRIED EITHER IN THE UNITED STATES OR IN SCOTLAND.  
TWO-HUNDRED-70 PEOPLE WERE KILLED WHEN THE JET EXPLODED IN 
MID-AIR.  IT WAS THE WORST TERRORIST INCIDENT IN BRITISH HISTORY.

LIBYA HAS CONSISTENTLY REFUSED TO SURRENDER THE TWO SUSPECTS FOR 
TRIAL IN EITHER THE UNITED STATES OR SCOTLAND, SAYING THEY WOULD 
NOT  GET A FAIR TRIAL. 

NOW, IN A MAJOR POLICY SHIFT, BOTH GOVERNMENTS ARE EXPLORING WAYS
OF HOLDING THE TRIAL IN A NEUTRAL COUNTRY -- BUT UNDER SCOTTISH 
LAW.

DR. JIM SWIRE -- WHOSE DAUGHTER FLORA WAS KILLED IN THE LOCKERBIE
BOMBING -- IS THE SPOKESMAN FOR THE BRITISH FAMILIES WHO HAVE 
LOST RELATIVES IN THE TERRORIST ACT.  HE IS DELIGHTED WITH THE 
CHANGE IN POLICY AND HE SAYS THE IDEA OF A TRIAL IN A NEUTRAL 
COUNTRY --  UNDER SCOTTISH RULES OF PROCEDURE -- WAS FIRST 
ADVOCATED FOUR YEARS AGO BY SCOTTISH LAW PROFESSOR ROBERT BLACK.

                       // SWIRE ACT //   

         ALL WE ARE INTERESTED IN IS TRUTH AND JUSTICE. WE 
         BELIEVE THAT IF THE LIBYANS ARE OFFERED A COURT ALONG 
         THE LINES PROPOSED BY PROFESSOR ROBERT BLACK OF 
         EDINBURGH, THAT THEY WOULD COME.  IF THEY ARE OFFERED 
         ANYTHING ELSE, THEN I DO  NOT  KNOW IF THEY WOULD COME 
         OR  NOT.  BUT IT LOOKS AS THOUGH THEY ARE GOING TO BE 
         OFFERED WHAT PROFESSOR BLACK PROPOSED, WHICH IS A TRIAL 
         FULLY UNDER SCOTTISH CRIMINAL LAW IN A NEUTRAL COUNTRY 
         -- SUCH AS THE HAGUE (HOLLAND) -- WITH THE VITAL 
         DISTINCTION THAT INSTEAD OF A JURY, IT HAS AN 
         INTERNATIONAL PANEL OF JUDGES HEADED BY A SCOTTISH JUDGE
         APPOINTED BY THE BRITISH PRIME MINISTER.  AND THAT IS 
         WHAT THE LIBYANS AGREED TO IN APRIL WHEN PROFESSOR BLACK
         AND I WERE IN TRIPOLI (LIBYA) -- AND BOTH COLONEL 
         GADDAFI AND COLONEL GADDAFI'S GOVERNMENT AND COLONEL 
         GADDAFI'S LAWYERS ALL AGREED THAT THE TWO (SUSPECTS) 
         WOULD BE SENT TO SUCH A TRIAL. //OPT// SO IF THIS IS 
         WHAT BRITAIN AND AMERICA ARE GOING TO OFFER, THEN GIVEN 
         GOODWILL ON ALL SIDES, I THINK THE TRIAL WILL TAKE PLACE
         -- AND THAT IS TREMENDOUS. //END OPT//

                        // END ACT //   

THE BRITISH PHYSICIAN BELIEVES THERE ARE SEVERAL REASONS FOR THE 
CHANGE IN ATTITUDES BY WASHINGTON AND LONDON.   FIRST, HE SAYS, 
THERE ARE FEWER AND FEWER COUNTRIES IN THE UNITED NATIONS WHICH 
FULLY BACK THE CURRENT SANCTIONS AGAINST LIBYA.  SECOND, HE SAYS 
THE WORLD COURT IN THE HAGUE -- THE UNITED NATION'S SENIOR LEGAL 
INSTITUTION -- WILL RULE NEXT YEAR ON LIBYA'S CLAIM THAT THE U-N 
RESOLUTIONS SETTING UP THE SANCTIONS ARE ILLEGAL.

                    // SECOND SWIRE ACT //   

         AND ALL OF THESE THINGS ARE ALSO COUPLED TO THE 
         ACTIVITIES OF THE "ORGANIZATION OF AFRICAN UNITY" -- THE
         O-A-U -- WHO, I THINK, EGGED ON (PUSHED) BY THE "ARAB 
         LEAGUE", WHO I HAVE ALSO BEEN TALKING TO, ISSUED AN 
         ULTIMATUM TO BRITAIN AND AMERICA EARLIER THIS YEAR. THEY
         SAID UNLESS YOU TAKE STEPS TO SET UP A NEUTRAL COUNTRY 
         COURT, COME SEPTEMBER 1998 WE WILL STOP OBSERVING THE 
         SANCTIONS -- AND THAT IS DOWN IN BLACK AND WHITE (IN 
         WRITING).  //OPT// SINCE LIBYA IS SURROUNDED ON THREE 
         SIDES BY O-A-U MEMBER NATIONS, IT WOULD BE CLEARLY 
         IMPOSSIBLE TO ENFORCE SANCTIONS, WERE THAT TO HAPPEN. I 
         THINK ALL OF THESE THINGS HAVE MILITATED IN FAVOR. 
         ANOTHER FACTOR, PROBABLY, IS THAT THERE HAVE JUST BEEN 
         ELECTIONS IN HOLLAND AND THE BRITS AND THE AMERICANS 
         WOULD NEED A CURRENT DUTCH GOVERNMENT TO TALK TO ABOUT 
         WHETHER THEY MAY USE THE HAGUE AS A VENUE FOR THIS 
         TRIAL. //END OPT//

                        // END ACT //    

DR. SWIRE SAYS THERE ARE CONFLICTING VIEWS HERE IN BRITAIN AS TO 
HOW LONG IT WILL TAKE TO SET UP THIS TRIAL IN A NEUTRAL COUNTRY. 
BRITISH GOVERNMENT OFFICIALS SAY IT MAY TAKE SEVERAL YEARS -- BUT
DR. SWIRE QUOTES SCOTTISH LAW PROFESSOR ROBERT BLACK AS SAYING IF
POLITICIANS WANT IT, THE COURT CAN BE SET UP IN TWO DAYS.

//REST OPT// JIM SWIRE -- SPOKESMAN FOR THE BRITISH FAMILIES WHO 
LOST RELATIVES IN THE LOCKERBIE BOMBING -- HOPES THERE WILL BE 
ENOUGH GOODWILL NOW IN BRITAIN, THE UNITED STATES AND LIBYA TO 
BRING THE LOCKERBIE TRAGEDY TO A LEGAL CONCLUSION. (SIGNED)

NEB/ADEN/PCF/JO  
 

22-Jul-98 11:51 AM EDT (1551 UTC)
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Source: Voice of America
.