MASSIE et al v. GOVERNMENT OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

Filing 125

MASSIE et al v. GOVERNMENT OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

Doc. 125

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA HARTFORD FIRE INSURANCE COMPANY, et al., Plaintiffs, THE SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA, et al., Defendants. ) ) ) ) ) ) ) ) )

Case No. 1:98CV03096 (TFH)

NOTICE OF RECENT DECISION Defendants, the Socialist People's Libyan Arab Jamahirya, the Libyan External Security Organization, and the Libyan Arab Airlines (collectively "Libya") give notice to the Court of the recent decision by the Scottish Criminal Cases Review Commission (hereafter "the Commission") to refer for a mandatory appellate review, by the Scottish High Court of Justiciary, against the conviction of Abdelbaset Ali Mohmed Al Meghrahi for the bombing of Pan American Flight 103, over Lockerbie, Scotland on December 21, 1988. The Commission, under Scottish statutory obligations, is mandated to submit to the High Court of Justiciary a statement of the reasons for its decision to refer a case. The statement of reasons, which is over 800 pages and is accompanied by thirteen volumes of appendices, is not available to the public and cannot be provided to the Court at this time for review. However, in light of the nature of the case against Mr Meghrahi and the overwhelming interest worldwide in the case, the Commission has issued an unusually detailed news release which is intended to aid the public with a better understanding of the commission's role and grounds for the mandatory referral for appellate review. The Commission's news release highlights the grounds on which a referral of a criminal

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case to the High Court of Justiciary may be made. The Commission asserts that a referral may be made when the Commission finds "that a miscarriage of justice may have occurred but also that it is in the interests of justice that a reference be made." As the Commission's referral of the conviction of Mr. Meghrahi to the High Court of Justiciary is directly relevant to the instant case and may have a dispositive effect on the above captioned case, a true copy of the Commission's news release is attached hereto for the Court's record, review, and consideration. Undersigned counsel understands, through consultation with Scottish counsel, as well as various news and media reports that the duration of the appellate process in Scotland is anticipated to be approximately one year from the date of referral by the Commission. Dated: August 5, 2007 Respectfully submitted,

//s// Arman Dabiri Law Offices of Arman Dabiri & Associates, P.L.L.C. 1725 I Street, N.W. Suite 300 Washington, D.C. 20006 Tel. [phone] E-mail: [e-mail] Counsel for defendants

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