Robert Black (advocate)

Professor Robert Black QC, FRSA, FRSE, FFCS, ILTM is Professor Emeritus of Scots Law at the University of Edinburgh. He has been an Advocate in Scotland since 1972, was in practice at the Bar and became a QC in 1987.

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Professor Robert Black

Academia

Robert Black was educated at Lockerbie Academy and Dumfries Academy. He graduated from the University of Edinburgh in 1964 with First Class Honours in Law in 1968 and was awarded the Lord President Cooper Memorial Prize as the most distinguished graduate in that year. Thereafter he studied at McGill University in Montreal on a Commonwealth Scholarship graduating LL.M. in 1970.

In January 1981, he was appointed to the Chair in Scots Law at Edinburgh, until he took semi-retired status as Emeritus Professor in 2005. Thereafter he continued part time, teaching the Scots Law of Evidence. Between 1983 and 1999 he served as Head of the Department of Scots (later Private) Law. From 1984 to 2003 he was a member of every Dean's Council of the Faculty of Advocates (the Scottish Bar). In academic session 2006-7 Professor Black retired from university teaching altogether.

Appointments

From 1981 to 1994 he served as a temporary sheriff. Over the years he has acted as the Law Society of Scotland's examiner in Evidence; as the examiner in Civil and Criminal Procedure and Pleading, for solicitors seeking extended rights of audience; and, as the Faculty of Advocates' examiner in Private Law.

Publications

He was General Editor of The Laws of Scotland : Stair Memorial Encyclopedia (25 volumes) from 1987 to 1996. He has made extensive contributions to books and to numerous legal journal articles.

Lockerbie bombing

Professor Robert Black has taken a close personal and professional interest in the Pan Am Flight 103 bombing of December 21, 1988, particularly because he was born and brought up in Lockerbie, Scotland. He has published a substantial number of articles on the topic in the United Kingdom and overseas. Black is often referred to as the architect of holding the non-jury Pan Am Flight 103 bombing trial at the neutral venue of Camp Zeist, Netherlands, and applying Scots Law to the Lockerbie case.

At the end of the nine-month trial, on January 31, 2001, Abdelbaset Ali Mohmed Al Megrahi was convicted of the murder of 259 passengers and crew of the aircraft, and of eleven people in the town of Lockerbie. Professor Black reacted to the unanimous verdict of the three judges: "I thought this was a very, very weak circumstantial case. I am absolutely astounded, astonished. I was extremely reluctant to believe that any Scottish judge would convict anyone, even a Libyan, on the basis of such evidence." He warned that Megrahi stood a better-than-average chance of being acquitted on appeal.

However, Megrahi's appeal against conviction was rejected on March 14, 2002 and he is currently serving the remaining term of his 27-year sentence at Greenock jail in Scotland. His lawyers applied in September 2003 to the Scottish Criminal Cases Review Commission (SCCRC), which has the power to refer the case back for another appeal. Rumours in October 2005 that the SCCRC was to rule in favour of a fresh appeal coincided with reports that US, British and Libyan officials had been discussing Megrahi's transfer to Libya to complete his jail sentence. Professor Black is confident that the SCCRC will proceed with its investigation and with its likely reference of the case back for a fresh appeal, even if Megrahi is repatriated and asks that any further proceedings be terminated.

Miscarriage of justice

Responding to remarks alleged to have been made by former Lord Advocate, Lord Fraser of Carmyllie, critical of main prosecution witness Tony Gauci, and reported in The Sunday Times of October 23, 2005, Professor Black described the alleged remarks as "an indication that various people who have been involved in the Lockerbie prosecution are now positioning themselves in anticipation of the SCCRC holding that there was a prima facie miscarriage of justice and sending it back for a fresh appeal."

In an interview with The Scotsman on November 1, 2005 Professor Black said Megrahi's conviction was "the most disgraceful miscarriage of justice in Scotland for 100 years." He vowed to continue his fight to have the case brought back to the appeal courts. "I have written about this and nobody is interested," Black said. "Every lawyer who has ... read the judgment says 'this is nonsense'. It is nonsense. It really distresses me; I won't let it go."

Black feels partially to blame for Megrahi's situation: "I feel a measure of responsibility for having suggested this form of procedure and having played a part in persuading the Libyans to agree to it. And then this happens. My concern is not about his guilt or innocence, although I do believe him to be innocent. My concern is that on the evidence led at Zeist, he ought never to have been convicted." Despite widespread concerns about the potential for pre-trial publicity prejudicing a jury, Black now believes the accused may have fared better under the conventional procedure than in the non-jury trial that he formulated. Black says: "If they had been tried by an ordinary Scottish jury of 15, who were given standard instructions about how they must approach the evidence, standard instructions about reasonable doubt and what must happen if there is a reasonable doubt about the evidence, no Scottish jury could have convicted Megrahi on the evidence led at the trial."

On June 28, 2007 the SCCRC announced that it had concluded its review and had referred Megrahi's case back to the Court of Criminal Appeal for a second appeal against conviction.

Professor Black maintains a blog on the subject of the Lockebie bombing, where he expands upon his criticism of the trial and first appeal, and invites comments on the case.

In October 2007, his was the first signature on an e-petition to prime minister, Gordon Brown, calling for a United Nations Inquiry into the death of UN Commissioner for Namibia, Bernt Carlsson, in the 1988 Lockerbie bombing.

Part-time in South Africa

In 2005 Black took 'semi retired' status, before retiring altogether in 2006. He asserts that he is one of a dying breed of legal academics: "Most academic lawyers, years ago, were like me - they had come up through the ranks of the practising profession. That's unusual these days. In many cases they have never advised a human being with a legal problem in their lives."

Black spends six months of the year at his second home near a remote village in the Northern Cape of South Africa. He says he 'fell in love' with the country after a sabbatical at Stellenbosch University in 1998. He and a friend are converting an old farmhouse, Gannaga Lodge, into a hotel. "It is in the middle of nowhere, literally so. I have got a 50-mile drive over untarred roads till you get to my house, but I can do my work there. I am still writing and researching on various things, including Lockerbie. I have got internet access - very, very slow internet access. For things to download it takes an age, but you get there eventually."

See also

• Alternative theories into the bombing of Pan Am Flight 103
• Jean-Louis Bruguière
• Sir Gerald Gordon QC
• Professor George Gretton WS
• Professor Hans Köchler
• Professor Gerry Maher QC
• Pierre Péan
• University of Edinburgh School of Law

External links

• Professor Black's home page at the Law School, University of Edinburgh