Thursday, 13 August 2020

Preliminary procedural matters in Megrahi appeal

The criminal court rolls for the week beginning 17 August 2020 have just been published.  The appeal brought by the family of the late Abdelbaset al-Megrahi features twice, in the following terms:

HIGH COURT OF JUSTICIARY
1st APPEAL COURT - 5 JUDGES - CRIMINAL APPEAL ROLL
under THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995
A SITTING will be held on
FRIDAY 21ST AUGUST 2020
at Ten o’clock forenoon, for the disposal of the following:
PROCEDURAL HEARING IN AN APPEAL AGAINST CONVICTION
FOLLOWING UPON THE APPLICATION FROM THE SCCRC

1. Abdelbaset Ali Mohmed   John Pryde & Co,   HCA/2020 - 5/XM
Al Megrahi                           Edinburgh
(Other)  
***

HIGH COURT OF JUSTICIARY
1st APPEAL COURT - CRIMINAL APPEAL ROLL
under THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995
A SITTING will be held on
FRIDAY 21ST AUGUST 2020
at Ten o’clock forenoon, for the disposal of the following:
APPLICATION FOR COMMISSION AND DILIGENCE FOR RECOVERY OF
DOCUMENTS

1. Abdelbaset Ali Mohmed    John Pryde & Co,   HCA/2020 - 5/XM
Al Megrahi                            Edinburgh
(Other) 
***

John Pryde & Co are Edinburgh solicitors acting as agents for the Glasgow-based solicitors for the Megrahi family, Aamer Anwar & CoAs previously announced, the proceedings will be conducted via video link.  

Under the first item on the roll, the court will probably seek to ascertain how far advanced is the preparation of the cases of both the appellant and the Crown; when the full appeal hearing can realistically be expected to start; and how long that hearing is estimated to last.  The second item on the roll is an application by the Megrahi legal team for documents to be made available to them that they claim are necessary to enable them properly to present the appeal. I do not know what documents are being sought, but they may well include the document in respect of which the UK Government has previously asserted public interest immunity.

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