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00:39Courts!
19:43Sous-titrage Société Radio-Canada
20:08Sous-titrage Société Radio-Canada
20:38The father of Flora Swire and the innocent man convicted of her murder
20:41Then the press would murder you, Jim
20:43Believe me, that's not the exposure you want
20:48That...
20:49Look...
20:52Jim...
20:54The thing is, most people think he did it
21:02And now, most people just want to forget
21:08Bye, darling, take care, love you
21:16Drive safe with you, Ralph
21:45Thank you
21:47C'est parti, Isabelle.
22:23It saddens me you have to ask that.
22:27They're fine, Jim.
22:35How's he?
22:37Struggling.
22:41I think he appreciated my visit.
22:50Did you not want me to go?
22:53I'm not sure it matters what I say anymore.
22:59He's all you talk about, you know that, don't you?
23:01I'm trying to get him freed.
23:07You've not asked one of us directly what we think.
23:10You've never wanted to sit down and discuss it as a family.
23:13You just assume we're behind you, supporting you.
23:16Is that what the children think?
23:22Why can't they just come and speak to me?
23:24Because they don't think you listen, Jim, and you don't.
23:27You haven't noticed they hardly come here anymore.
23:33There are too many bad memories.
23:35But this is where they grew up.
23:37This is where they all grew up.
23:46I think we should move.
23:49I'm not leaving this house.
23:51I want to be closer to my children, to my grandchildren.
23:55I want to be around life, not death, not death every single minute of the day.
24:09Would I rejoin the CIA if I was asked?
24:13With all due respect, have you read any of my books?
24:24Thank you.
24:29Jim Swire, as I live and breathe.
24:31Professional thorn on the side, just like me.
24:33How are you?
24:33It's good to meet you, Paul.
24:34This is John Ashton from McGrathy's Appeal Team.
24:37Of course.
24:38Let me finish up here.
24:39I'll meet you guys in the next room to this in ten.
24:42No prying ears.
24:44Damn good to meet you, Jim.
24:47Look, Locker B is very simple.
24:49It was Iran's revenge.
24:51The Americans shooting down their airbus.
24:53Like I said in the book, the CIA had known about it all along.
24:56The bombing of Flight 103 was conceived, authorized and financed by Iran.
25:01They paid the Syrian-based PFLPGC to do it.
25:04The bomb was made by a PFLPGC bomb maker, a Jordanian named Marwan Kresat.
25:09We know that they were raided by German police in October 1988.
25:13The Autumn Leaves operation?
25:14Yeah.
25:14They arrested some of their main players, but others slipped through the net.
25:17They only found four explosive devices.
25:20Lost track of the fifth.
25:22I believe that was the bomb that killed your daughter, Jim.
25:25Your guy, McGrathy, had nothing to do with it.
25:28You talk about a meeting.
25:29The Iranians met with the PFLPGC people in Beirut.
25:33We had telephone intercepts of them discussing it.
25:37Two days after Lockerbie, Iran transferred $11 million into a PFLPGC bank account.
25:47We have records of the transfer.
25:50Hell, we had ironclad proof.
25:53Handed over our intel to the U.S. administration, what'd they do?
25:57One look, quietly shelved it.
25:59Why?
25:59There were bigger problems.
26:01Like Saddam Hussein.
26:03Once he invaded Kuwait in 1990, suddenly everything changed.
26:07We were at war, and we needed Iran and Syria on our side.
26:10So the heat was off them.
26:11Sand shifted.
26:12They pointed the finger at Libya.
26:13A rogue state, proven terrorist links, developing weapons of mass destruction.
26:17Gaddafi was the top of our hit list.
26:19Plus, we needed to throw some kind of bone to the victims' grieving families.
26:25Libya was that bone.
26:30This has to go into the submission, John.
26:32The review commission have to know about this.
26:34Would you speak to them?
26:35Go on the record.
26:36Sure.
26:37I'll talk to whoever you want, but it won't make a difference.
26:39Right now, Libya is right where we want them.
26:42Tomorrow, that could all be flipped.
26:44Libya has oil, remember?
26:46Suddenly, Gaddafi will be back in favor, or he'll buy his way back into favor.
26:50And Megrahi will stay guilty for as long as they need him to.
26:56It's all transactional, Jim.
26:58So tread carefully.
26:59You don't want to be on loose footing when the sands shift.
27:09There it is.
27:10Our full report ready to be submitted to the Scottish Criminal Cases Review Commission.
27:14Where's the champagne, then?
27:16Oh, nice.
27:18For now, it's the pub.
27:19We have to get it accepted first.
27:25We appreciate what you've gone through to help out.
27:28How long will it take the review commission to decide?
27:30Oh, they're professionals.
27:32They know what they're doing.
27:37Thank you.
27:37It's a man's incarceration we're talking about.
27:42I'd say a year.
27:45Maybe less.
28:11They took their time, but the review commission have finally delivered their statement.
28:16of reasons.
28:20They rejected all of our submissions.
28:23Oh, shit.
28:29Apart from sex.
28:32What?
28:37Six grounds for referral back to an appeal court.
28:42The first ground of referral, a reasonable verdict.
28:45The judges were satisfied the purchase of clothing was made from Gauci's shop on December 7th, 1988,
28:51when McGrahi was in Malta.
28:53But Tony Gauci was never clear on the exact purchase date.
28:57He told the court, the Libyan customer, buy umbrella from his shop because it's raining outside.
29:02My defense team called in Malta's chief meteorologist.
29:05Who said there was no rain on the 7th of December?
29:08Yes, but there was rain on the 23rd of November.
29:13The only other potential purchase date matching Gauci's statement.
29:17And I was not on Malta on the 23rd of November.
29:22The person?
29:23Please.
29:24I must use bathroom.
29:25Referral grounds two and three undisclosed evidence relating to Gauci's identification of McGrahi
29:32and the date when the clothes were purchased from his shop.
29:40When the commission looked into this,
29:42they found that Gauci actually gave 23 statements
29:47and he was visited by the Scottish police, Jill, more than 50 times.
29:5150?
29:5150?
29:52You remember only 19 of his statements were given to my defense team.
29:56The details of these meetings, they have never been revealed.
30:00What else did Gauci claim in them, I wonder?
30:02By withholding this information, the Crown denied the defense items of real importance in undermining the Crown case.
30:12Fourth referral.
30:13Undisclosed evidence about Gauci's interest in rewards.
30:17The commission discovered three Scottish police documents that suggested that Gauci...
30:23Gauci was aware that a substantial reward was offered from the US government.
30:29A reward for giving evidence?
30:31Jesus, did he get paid?
30:33Hufferl 5.
30:35Undisclosed secret intelligence documents.
30:38Last year, the Crown informed the commission of two classified documents held at Dunfrey's police station.
30:44The commission believes nondisclosure of one of the documents indicates...
30:49...that a miscarriage of justice may have occurred.
30:52That is what we were waiting for...
30:54Music to my ears
30:55It's all centered, everything on Gauci's evidence.
30:59Well I seem to have dismissed pretty much everything else.
31:01Il n'y a rien de Robert Baird, PFL, PGC.
31:03Il n'y a rien de l'honneur de la Timer Fragment.
31:11Vous êtes frustré.
31:14Je suis heureux pour vous, bien sûr que je suis.
31:17Mais il n'y a rien de ce qui nous permet de découvrir ce qui a été fait.
31:20N'y a rien de ce qui nous permet de faire plus de la vérité.
31:23Sir, vous voulez dire une étape à une fois.
31:27So, Jean, une étape à une fois.
31:31Sous-titrage Société Radio-Canada
32:03Ma grand, vous avez eu un second appeal.
32:05Second appeal?
32:06Possible miscarriage of justice.
32:09And the Crown with a hell of a lot of questions to answer.
32:12Including one about undisclosed secret documents held at your police station.
32:18I'll drive.
32:20You don't.
32:22One of these documents is a letter from the King of Jordan to the then Prime Minister John Major,
32:27intimating that the Libyans were innocent of the crime.
32:29You know, it points the finger at the PFLPGC and the bomb maker, Mirwan Crissant,
32:33who is, believed by many, including and according to Robert Baird and most of the CIA,
32:38to have built the bomb that brought down Flight 103.
32:41Now, these documents were known to the Crown during the trial,
32:44and they withheld them from the defense.
32:46We're still not allowed to see them.
32:48So what are we talking about here?
32:50A cover-up?
32:51Was McGrahi framed?
32:52Whatever it is, they want to keep it buried.
32:54It's mucky as hell.
32:55So why are you still standing here?
32:58Go and talk to people.
32:59Find out what they're not telling us.
33:02Then write the bloody thing.
33:10Jen, it's Murray.
33:12Good to hear from you, Murray.
33:13Wait till you hear what I've got for you.
33:16Front page.
33:17Without a doubt.
33:26What do you mean we can't publish her?
33:29We want to.
33:30But you can't.
33:32Phil Marsden, our lawyer.
33:34Why the hell not?
33:35We ran the story past the FCO for comment.
33:38Got a call back threatening legal action.
33:40You don't think that's just scare tactics?
33:42The Foreign Secretary, David Miliband,
33:44has issued a public interest immunity certificate, a PII.
33:48For reasons of national security.
33:51To protect the contents of certain documents.
33:53These documents your source is talking about
33:56may well be the same ones
33:58McGrachy's defence team were denied access to
34:01under that PII.
34:06We're still going to print it, right?
34:08Publishing be damned and all that.
34:10You'll be damned and I'll be sued.
34:12And your legal fees alone
34:13will mean this newspaper goes down.
34:20I just don't get it.
34:21The documents in that safe,
34:22if they were over 20 years old.
34:24Makes no matter.
34:25This is the long arm of the state.
34:30For national security,
34:31we need intelligence services.
34:32My sex CIA, who knows who else is protected.
34:35You said you'd publish it.
34:36You'd phone me up and you'd tell me you'd publish it.
34:38Yeah, I know, but...
34:39You'd have to take it somewhere else.
34:40Someone will print it, someone not afraid of them.
34:44Not going to do that.
34:50Give it to me.
34:52I will.
34:54I'm not going to let them get away with it.
34:56This is serious.
34:58You need to see sense.
35:00You could be sued.
35:00I could be sued.
35:13You ever think this might be a lost cause, Jim?
35:18That they will never allow us to know the truth?
35:22Never thought I'd hear you say that.
35:35I'm so sorry, but it's cancer.
35:38Prostate cancer.
35:47There can be a heesh when there.
35:50Will he survive?
35:53I'm afraid I don't know the answer to that.
35:57I'm sorry.
36:15How is he?
36:21Oh, my gosh, my gosh.
36:24I don't know.
36:38Hey, boy.
36:42Please, I can do it.
36:45I can...
36:55You have been told.
36:56Yes.
37:01Is it...
37:02severe?
37:03Yes.
37:04Yes, it is.
37:06But I've had patients who thought their cancer,
37:09who beat it.
37:10And you, that's it.
37:12You're a fighter.
37:13Oh.
37:25I don't want to die here, Jim.
37:27I don't want that either.
37:29I don't want my family to see me die here.
37:32I want to go home.
37:35I want to go home.
37:36To die.
37:44Jim.
37:49The UK and Libya are negotiating a prisoner transfer agreement.
37:56I heard.
37:58I will be instructing my Libyan lawyers to make an application to return home and serve whatever
38:06time I have left there.
38:09And what about your appeal?
38:13I think I would give it up.
38:17If prisoner transfer is granted, you'll be in Libya.
38:27I will not go down.
38:31I will not go down in history as a Lockerbie bomber.
38:36I will not let them do that to me.
38:38I will never give up my appeal.
38:43Whether I am here, in Libya, dead or alive, my appeal will go to court.
38:52Trust me and you will get what you want.
39:06My name will be cleared and you will go on and find out who really did this.
39:19Bassett, I'm afraid there's a problem.
39:25Under Scottish law, to be considered for a PTA, a prisoner can't have an appeal ongoing.
39:38You'd have to give it up.
39:42Bassett, there is another way.
39:45You're released on compassionate grounds.
39:48You'll be examined by three separate doctors who will decide how long you have to live.
39:56And if it's less than three months, then there's a good possibility that you will return home
40:03and you can keep your appeal.
40:07These are the options.
40:10You must decide.
40:13Well, we have beliefs and values in Scotland that those who perpetrate crimes, certainly
40:18heinous atrocities such as this, should be brought to justice.
40:21That has been done.
40:22Equally, we recognise that justice has to be tempered by mercy.
40:26That there has to be the ability to recognise that although he did not show compassion to
40:30the victims, that doesn't mean that we should lower our beliefs or our values.
40:34A campaign for the release of the man convicted of the Lockerbie bombing was launched today.
40:39Justice for McGrachy is appealing for the early release of Abdel Bassett al McGrachy on compassionate grounds.
40:44I just think it is absolutely wrong to release someone who has been in prison based on evidence about his
40:53involvement in such a horrendous crime.
40:55I think this is a very bad decision. This man was convicted of murdering 270 people.
41:01Some claim economic influences were key to the deal struck by Tony Blair and Colonel Gaddafi on the potential release
41:07of the Lockerbie bomber, the so-called deal in the desert.
41:11The fact that Libyan oil reserves are now understood to be far greater than they may have been thought to
41:16have been in the past shouldn't be overlooked.
41:19McGrachy will continue with his appeal and regardless of opinion on his conviction, the Justice for McGrachy campaign urges the
41:25Scottish Government to send Mr. McGrachy back to Libya on compassionate grounds.
41:45Jim, take it off. Please, not here. Not today.
41:49I'm not ashamed. I'll look them in the eye.
41:53For us. Do it for us.
42:03John Michael Gerard Ahern
42:07Sarah Margaret Acher
42:10John David Ackerstrom
42:13Ronald Eli Alexander
42:17Thomas Joseph Ammerman
42:20Margaret Ritchett
42:22Bridgete Gankeunen
42:23Thomas
42:24Tiger
42:25Roger
42:27Elwood
42:28Hurst
42:29Elizabeth
42:30Sophie
42:31Ivole
42:32Andrew
42:33Alexander
42:33Tehran
42:35Arva
42:36Anthony
42:37Thomas
42:38Jonathan
42:39Ryan
42:40Thomas
42:41Flora
42:42Macdonald
42:43Margaret
42:44Swire
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