Tuesday 18 August 2009

Lockerbie: Crown appeal against sentence

Following today's procedural hearing regarding the Lockerbie appeal, the Crown Office issued the following statement:

"The Crown's appeal against sentence is an entirely separate process from Mr Megrahi's appeals against conviction and sentence which have now been abandoned.

"As Crown Counsel outlined at today's hearing, the Lord Advocate has no part in the Scottish Government's consideration of prisoner transfer or compassionate release of Mr Megrahi. This reflects the Lord Advocate's position as the independent prosecutor.

"The Lord Advocate has not received any request from the Scottish Government to intimate whether the Crown's appeal against sentence will continue.

"Furthermore, the Lord Advocate has not received any information on Mr Megrahi's current medical condition that she would require to take into account in order to make such a decision. The Lord Advocate has always been prepared to give any request her full and prompt consideration."

[Note by RB: The Lord Advocate has known since 12 August, when Abdelbaset Megrahi's Minute of Abandonment was lodged in court, that his appeal was to be abandoned. She knew then the question of the Crown's appeal against sentence would become of vital importance (since prisoner transfer cannot be granted if there are ANY live proceedings involving the prisoner). Did the Lord Advocate then ask Mr Megrahi's legal representatives to make available to her any up-to-date medical reports that had been obtained? She did not. Her counsel's failure at today's hearing to be in a position to explain the Crown's attitude towards the sentence appeal clearly surprised and concerned the judges. It should concern everyone. But it is sadly typical of the Crown's Fabian tactics throughout the whole course of this sorry affair.]

No comments:

Post a Comment