Wednesday 12 August 2009

A simple question -- and at last a simple reply

[Here is a transcript of my correspondence with the Scottish Government Justice Department on the subject of my simple question.]

From a Justice Department official at 13.03:

'Thank you for your email earlier today.

'In response to your question below - This is baseless and ill informed speculation. There may be confusion with the terms of the Prisoner Transfer Agreement ratified by the UK and Libyan Governments, which at Article 3(b) states as a condition for transfer that: "the judgment is final and no other criminal proceedings relating to the offence or any other offence committed by the prisoner are pending in the transferring State". An application for compassionate release depends on different criteria. Mr Al-Megrahi's appeal is entirely a matter for the Court, Mr Al-Megrahi and his legal team. It would be inappropriate for the Scottish Government to make any comment on the appeal and have not done so.'

From me to the Justice Department at 13.30:

'Thank you for your reply.

'I assure you that I am well aware of the different criteria that apply to prisoner transfer and to compassionate release, which is precisely why I addressed my question to the Department.

'You state that it would inappropriate for the Scottish Government to make any comment on the appeal (which is entirely a matter for the Court and for Mr Megrahi). I have never asked the Department to do so. The question that I posed was whether any suggestion had been made to Mr Megrahi, his legal representatives or officials of his government that the decision on compassionate release would or could be influenced by the abandonment of his appeal. Your reply does not answer that very simple question. I should be grateful if you would now do so.'

From a Justice Department official at 17.22:

'I believe that my answer to your simple question was and is 'no'.'

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