Al-Megrahi has alternative to non-choice over appeal

If it really is true that Abdel Baset Al-Megrahi is not guilty, it must be very difficult for him to agree to take advantage of the Prisoner Transfer Agreement (your report, 7 May).

Why would he trust a deal under which he would have to renounce his appeal in the hope that ministers of the state, which he would see as having wrongly convicted him, would later agree to his transfer?

He has an alternative. When he applied previously for bail on compassionate grounds because of his illness, this was rejected but he was told that his lawyers could apply again if his circumstances changed.

On 8 May, we heard in court that he was in too much discomfort from his illness, and in too great a need for further treatment urgently this week, to be able even to listen to the court proceedings over the line arranged for him between the court and Greenock prison.

This surely is a grave change of circumstances.

If he applied again, maybe bail would be approved, he has little to lose by doing so, the decision by their lordships could be quickly reached, and if positive, the bail conditions would require him to remain in Scotland, but he could be with his family at the house which is already available for them.

Separation from his family is known to be a great stress for him. Reducing his stress level would be likely to prolong his life. Guilty or innocent, it also seems the humane, Christian and merciful thing to do.

Were he to die in prison during the appeal, he will surely be seen as a martyr, Scots law would take further criticism, and there would be at least further delay in examining the totality of the evidence now available.

Those who, like us, seek the truth in this terrible case should be greatly relieved were bail granted, since he would not be required to withdraw his appeal, and we are desperately keen to see all the evidence examined again in the appeal court under Scots law as soon as possible.

There also appears to be no obvious alternative to the appeal for the Scottish legal system to redress the grave damage which its reputation has sustained, particularly abroad, through the verdict reached on the basis of the evidence at Zeist.

[This is the text of a letter from Dr Jim Swire published in today's edition of The Scotsman. There is, of course, the further alternative of an application to the Scottish Government for compassionate release on licence; this is dealt with here.]