Friday 17 July 2009

Lockerbie judicial review claim

[This is the headline over a report on the BBC News website. It reads in part:]

Relatives of the Lockerbie bombing victims could demand a judicial review to stop Abdelbaset Ali al-Megrahi being returned to Libya, it has been claimed.

SNP MSP Christine Grahame said the possibility would prevent the terminally ill Megrahi returning to Libya in the short term.

It would effectively ensure Megrahi, who was convicted of the 1988 bombing, died in Greenock prison, she said. (...)

Scottish Justice Secretary Kenny MacAskill said earlier this week that no decision on the prisoner transfer could be made while Megrahi pursued a second appeal against his conviction for the bombing. (...)

South of Scotland MSP Ms Grahame said she understood US relatives of the victims had taken legal advice in both London and Scotland, and would seek an immediate judicial review if Mr MacAskill agreed to the Libyan Government request.

The request was made under a prisoner transfer agreement signed by then Prime Minister Tony Blair in 2007. (...)

Megrahi is currently being held in Greenock prison where he is receiving treatment for advanced stage prostate cancer.

Ms Grahame, who has met Megrahi twice in recent months, said Scottish Prison Service officials had already informed her there was nowhere within the prison estate properly suited to managing Megrahi's condition.

"This makes the case for compassionate release absolutely imperative. That option is not subject to judicial review and is the only sensible compromise position in light of the fresh evidence and Mr Megrahi's deteriorating health," she said.

"The weight of evidence which has emerged combined with the serious doubts raised over the original evidence that was led at the trial have left me in no doubt of Mr Megrahi's innocence.

"The likelihood of a drawn-out process resulting from a judicial review launched by US relatives would effectively condemn Mr Megrahi to die in prison. There has already been considerable delay which means that Mr Megrahi will not live to see the end of the appeal he has ongoing against his conviction.

Ms Grahame said that if Megrahi was allowed to die in prison but it was later established he was innocent, people would question why the Scottish justice system "failed so dramatically".

A Scottish Government spokeswoman said: "The justice secretary is still considering the application and it would be wrong to comment on any hypothetical situation which may arise from any decision still to be made."

She added that any judicial review would be a matter for the courts.

1 comment:

  1. Open letter to the
    Criminal Justice Directorate
    Criminal Law an Licensing Division

    Edwin Bollier, MEBO Ltd. erneuert dem Scottish Justice Secretary Kenny MacAskill, seine Offerte, sich als Zeuge dem Criminal Justice Directorate und dem High Court in Edinburgh, mit allen massgebenden Beweisen zur Entlastung Mr. Abdelbaset Al Megrahi und Libya, zur Verfügung zu stellen.
    Zusätzlich soll der ex Ingenieur Ulrich Lumpert, als Zeuge aufgeboten werden, um sein *Affidavit vom 18th July, 2007 zu bezeugen, dass das original MST-13 Timerfragment (PT-35) von seinem ersten Prototype Circuitbord abstammt und somit zweifelsfrei, nicht einem nach Libyen gelieferten MST-13 Timer zugeordnet werden kann! *(Official Certification 5th November 2007)

    Yahoo Babel computer translation in english language:

    Edwin Bollier, MEBO Ltd. renews itself the Scottish Justice Secretary Kenny MacAskill, its offer, as a witness the Criminal Justice Directorate and the High Court in Edinburgh, with all determining proofs for discharge Mr. Abdelbaset Al Megrahi and Libya to make available.
    Additionally the ex engineer Ulrich Lumpert, as a witness is to testify in order its *Affidavit from the 18th July, 2007 that descends original MST-13 timer fragment (PT-35) from its first prototype Circuitbord and can thus free of doubts, not a MST-13 timer supplied to Libya be assigned! * (Official Certification 5th November 2007)

    by Edwin Bollier, MEBO Ltd. Switzerland

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