Special counsel Robert Mueller and Lockerbie

[What follows is excerpted from a report published late yesterday on the website of The New York Times:]

The Justice Department appointed Robert S Mueller III, a former FBI director, as special counsel on Wednesday to oversee the investigation into ties between President Trump’s campaign and Russian officials, dramatically raising the legal and political stakes in an affair that has threatened to engulf Mr. Trump’s four-month-old presidency.

The decision by the deputy attorney general, Rod J Rosenstein, came after a cascade of damaging developments for Mr. Trump in recent days, including his abrupt dismissal of the FBI director, James B Comey, and the subsequent disclosure that Mr Trump asked Mr Comey to drop the investigation of his former national security adviser, Michael T Flynn. (...)

While Mr Mueller remains answerable to Mr Rosenstein — and by extension, the president — he will have greater autonomy to run an investigation than other federal prosecutors.

As a special counsel, Mr Mueller can choose whether to consult with or inform the Justice Department about his investigation. He is authorized to investigate “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump,” according to Mr Rosenstein’s order naming him to the post, as well as other matters that “may arise directly from the investigation.” (...)

Mr Rosenstein, who until recently was United States attorney in Maryland, took control of the investigation because Attorney General Jeff Sessions recused himself after acknowledging he had failed to disclose meetings he had with the Russian ambassador to Washington, Sergey I Kislyak, when Mr Sessions was an adviser to the Trump campaign. (...)

Mr Mueller’s appointment was hailed by Democrats and Republicans on Capitol Hill, who view him as one of the most credible law enforcement officials in the country. (...)

Mr. Mueller served both Democratic and Republican presidents. President Barack Obama asked him to stay two years beyond the 10-year term until he appointed Mr Comey in 2013, the only time a modern-day FBI director’s tenure has been extended.

[RB: Mr Mueller has featured regularly on this blog. Perhaps the most egregious of his ill-advised interventions in the Lockerbie case was the remarkable letter sent to Kenny MacAskill after the release of Megrahi in August 2009. The late and much lamented Ian Bell wrote a blistering article in the Sunday Herald about this letter headlined What do US cops know about justice?]

Airline security tested and found wanting

[What follows is excerpted from the Wikipedia article on Dr Jim Swire:]

On 18 May 1990, Swire took a fake bomb on-board a British Airways flight from London's Heathrow airport to New York's JFK[1] and then on a flight from New York JFK to Boston to show that airline security had not improved; his fake bomb consisted of a radio cassette player and the confectionery marzipan, which was used as a substitute for Semtex. Some American family members asked Swire to keep the news of the stunt quiet; it became public six weeks later. Susan and Daniel Cohen, parents of Pan Am Flight 103 victim Theodora Cohen approved of the plan, while some other family members of American victims did not[2].

[1] Fineman, Mark (6 July 1990). "TERRORISM / ONE MAN'S CRUSADE : Fake Bomb Shows Hole in Security : The father of one of the victims of the Pan Am 103 tragedy demonstrates that it could happen again". Los Angeles Times.

[2] Cohen, Susan and Daniel. Chapter 16, Pan Am 103: The Bombing, the Betrayals, and a Bereaved Family's Search for Justice. New American Library. 2000. 225.

Malta could have done more to reject Lockerbie claims

What follows is an item originally posted on this blog on this date in 2009.

Malta could have done more to reject Lockerbie claims - UN monitor

[This is the headline over an article by Caroline Muscat in today's edition of The Sunday Times, Malta. It reads as follows:]

The man convicted of the Lockerbie bombing is not guilty as charged and there is no convincing argument for Malta's involvement in the terrorist act, according to the United Nations' appointed monitor of the trial in the Netherlands.

Hans Koechler, who was handpicked by the then UN Secretary-General Kofi Annan to monitor proceedings, told The Sunday Times: "I never really understood why the government of Malta did so little to reject these allegations and to defend the integrity of the country's civil aviation system."

Twenty years after the bombing, the government has gone no further than saying that it is monitoring proceedings of the second appeal. Air Malta did not comment.

Malta was implicated in the terrorist act because the prosecution had argued that Abdel Basset Al-Megrahi and Al-Amin Khalifa Fahima had placed the bomb on an Air Malta aircraft before it was transferred at Frankfurt airport on board the doomed Pan Am flight 103A.

The flight went to London Heathrow and was bound for New York's JFK airport before exploding over Lockerbie in Scotland an hour into the journey on December 21, 1988. All 259 people on board died as well as 11 locals on the ground.

The trial at Camp Zeist in the Netherlands had led the Scottish judges to conclude in 2001 that Mr Al-Megrahi was guilty. He was jailed for life while the other defendant was released.

In his report after the verdict, Dr Koechler had concluded that a miscarriage of justice may have occurred. Several years on, he stands by his conclusions: "The court did not come up with any convincing argument that Mr Al-Megrahi is the one who bought the clothes at the shop in Malta and that the 'bomb suitcase' was loaded at Luqa Airport."

Dr Koechler expressed doubt that Mr Al-Megrahi's ongoing appeal, which started on April 28, could be fair and impartial because of the "outright interference of the British government trying to withhold certain sensitive evidence from the defence".

He said political expediency had guided the original verdict, saying it reflected the political considerations related to the foreign policy interests of the involved states at that time.

One of Malta's leading lawyers, who had formed part of the legal team in the defence of the two Libyan suspects, also believes Mr Al-Megrahi is innocent.

Emmanuel Mallia told The Sunday Times: "I personally know the accused and have always firmly believed in his innocence."

Mr Al-Megrahi's appeal was ordered by the Scottish Criminal Cases Review Commission in 2007, after a four-year investigation came to the conclusion that a "miscarriage of justice" may have occurred.

Dr Mallia would not enter into the merits of the case because it is still sub judice. But he said his personal view was that the verdict was flawed.

"Having examined the judgment of the court at Camp Zeist and being aware of the salient evidence produced in the case by the prosecution, I feel that the evidence could never have amounted to guilt of the accusation according to law," Dr Mallia said.

He said the prosecution lacked reliable evidence that could prove guilt beyond reasonable doubt: "Although there were a lot of issues which could give rise to suspicion, anything argued on the basis of suspicion may lead to conjecture but not proof. Even if considering circumstantial evidence, we know that such evidence can mislead and, in order to rely upon it, it has to lead to one direction."

Some argue that at the early investigation stage Malta was perhaps too compliant.

"The government gave access to the Scottish and American investigators to interview people and take any action deemed necessary. Some have argued that things may have been done differently with the Malta police having more direct control of the investigation".

A former Scottish judge regarded as the architect of the Lockerbie trial, Robert Black, also told The Sunday Times last week that there was never any evidence that the bomb left from Malta.

On his blog this week, Prof Black contested arguments made by the prosecution at the Court of Criminal Appeal in recent days that Mr Al-Megrahi's trip to Malta with a false passport the day the bomb was planted, and his departure the day after, was a link to the commission of the offence.

"As regards the coded - not false - passport, it is of relevance only if the bomb actually started from Malta, which is a finding the defence have strongly challenged in the appeal," Prof Black said.

The hearing continues despite rumours that the 57-year-old former Libyan intelligence officer may choose to drop his appeal and go home because of a recent prisoner transfer agreement between the UK and Libya.

Mr Al-Megrahi is suffering from prostate cancer and can choose to die at home. But dropping his appeal will leave him a condemned man and mean that Malta will remain implicated in one of the worst terrorist acts in aviation history.

According to Dr Koechler, it is "absolutely essential" that the appeal goes ahead: "The Scottish authorities can reconcile the imperatives of the rule of law and of humanity and grant the appellant compassionate release while the appeal goes on... In a situation where there are serious doubts whether he is guilty as charged, and where the public is confronted with an increasing number of shocking revelations about the mishandling of the case by the judiciary, tampering with evidence, and so on, it is appropriate to make such a step."

Dr Koechler believes the British Parliament should mandate an independent public investigation into the Lockerbie case.

"The international public, including the people of Malta, deserve to know the truth - the full and uncensored truth - about the chain of events that led to the explosion of the American jetliner over Lockerbie."

A new era in US-Libya relations

[On this date in 2006, The New York Times reported US Secretary of State Condoleezza Rice’s announcement that Libya was to be removed from the list of state sponsors of terrorism and that full diplomatic relations were to be restored. Her statement contained the following:]

We are taking these actions in recognition of Libya's continued commitment to its renunciation of terrorism and the excellent co-operation Libya has provided to the United States and other members of the international community in response to common global threats faced by the civilized world since September 11, 2001.

Today's announcements are tangible results that flow from the historic decisions taken by Libya's leadership in 2003 to renounce terrorism and to abandon its weapons of mass destruction programmes.

As a direct result of those decisions we have witnessed the beginning of that country's re-emergence into the mainstream of the international community.

Today marks the opening of a new era in US-Libya relations that will benefit Americans and Libyans alike. (...)

For Libya, today's announcements open the door to a broader bilateral relationship with the United States that will allow us to better discuss other issues of importance.

Those issues include protection of universal human rights, promotion of freedom of speech and expression, and expansion of economic and political reform consistent with President Bush's freedom agenda.

The last remaining unpleasantness

What follows is an item originally posted on this blog on this date in 2009.

The views of the UK's first ambassador to Tripoli after restoration of diplomatic relations

In 1999, Libya delivered the Lockerbie suspects to stand trial before a Scottish court convened in the Netherlands, which acquitted Mr Fhimah but sentenced Megrahi to life in prison with a minimum of 27 years. Meanwhile, Libya began secret talks with the United States and repaired ties with Britain.

“Relations developed quite quickly,” said Sir Richard Dalton, posted to Libya in 1999 as Britain’s first ambassador in 15 years and currently an analyst with Chatham House, an international affairs think tank in London. “The Libyans were acting responsibly and had fulfilled their obligations in the case of the Lockerbie incident.”

Rapprochement has seen Libya pay US$2.7 billion (Dh9.9bn) to the families of victims of the Lockerbie bombing and renounce attempts to acquire a nuclear weapon. UN and US sanctions have been lifted, and a US Embassy reopened in Tripoli, the Libyan capital. (...)

“The Libyans have maintained that Megrahi is innocent, and on humanitarian grounds they’d like to see him restored to his family in Libya,” Sir Richard said.

The move is likely to win applause for their government from ordinary Libyans, said Ronald Bruce St John, a Libya expert and analyst for Foreign Policy in Focus, a think tank that is part of the Washington-based Institute for Policy Studies.

“There’s considerable support in Libya for the argument that the government was not involved in Lockerbie.”

However, Tripoli’s request leaves Megrahi in a bind. If he goes home, he will have to drop his current attempt to appeal his conviction. If he stays to fight his case, he may die before its conclusion.

The affair has caused a stir in Britain, where Scottish politicians have voiced dismay at the prospect of Megrahi being turned loose. Some families of Lockerbie victims believe he may be innocent, but others want him to stay in Scottish custody.

“We want the appeal to go through because it’s the main means of us getting further information about how our family members died or why they died,” said Barrie Berkley, an Englishman whose son Alistair was killed in the bombing, quoted by the BBC.

A decision by the Scottish authorities to keep Megrahi would not seriously derail Britain’s relations with Libya, said Sir Richard. “But there would be consequences.”

Among them is the possibility that a successful appeal by Megrahi would plunge Britain, the US and Libya once again into the fraught environment of an international investigation to find new Lockerbie suspects, Sir Richard said.

A spokesman for the US Embassy in London said Washington wanted Megrahi to remain in Scottish hands, while Britain’s foreign office declined to comment on the affair. (...)

His case is currently being examined by the Scottish authorities, said Fiona Wilson, a spokeswoman for Scotland’s devolved government.

“You have to look at Lockerbie as the last remaining unpleasantness between Britain and Libya,” Dr St John said. “They’d like to get it off the table.”

[From an article by John Thorne, foreign correspondent of The National newspaper, Abu Dhabi.]

UN observer Hans Köchler at Camp Zeist

[What follows is the rext of a press release issued on this date in 2000 by the International Progress Organisation:]

14 May 2000/P/K/16818c-is

Professor Dr Hans Koechler, in his capacity as international observer nominated by the Secretary-General of the United Nations on the basis of Security Council resolution 1192 (1998), attended last week’s sessions of  the Scottish Court in the Netherlands. The High Court of Justiciary consists of three Scottish judges. As result of a compromise reached in the Security Council, the Court was set up to try the two suspects of the Lockerbie bombing disaster in a neutral venue.

Professor Koechler was briefed by the Registrar (the Head of the Scottish Court Service in the Netherlands) on the arrangements and procedures of the Court. He was also briefed by the Site Police Commander and the Governor and Deputy Governor of the Prison. He further met with representatives of the victims’ families. By arrangement of the Scottish prison authorities, Professor Koechler made an inspection tour of HM Prison Zeist and met in private with the two accused Libyan nationals who had given their consent prior to the meeting.

Professor Koechler is one of five international observers nominated by the Secretary-General of the United Nations. He represents the Vienna-based International Progress Organization, an NGO in consultative status with the United Nations. The other observers are Mr Robert Thabit, also representing the International Progress Organization, Mr M H Baerenboom of the European Commission, Ms Hairat A. Balogun, representing the OAU and the Non-Aligned Movement, and Dr Nabil El-Araby of the Arab League.

The observers of the International Progress Organization will follow the trial in the Netherlands and will report regularly to the Secretary-General of the United Nations. Their main focus will be due process of law, fair trial and respect of United Nations resolutions and international legal instruments.

Normalising relations

[What follows is excerpted from an item on the ITN Source website:]

A flag raising ceremony on Wednesday May 13 [2009] has symbolically marked the return of the US to Libya after a 30 year absence.

The ceremony, held before foreign diplomats, officials and media, took place in the new US Embassy compound, still being completed, in Tripoli.

The new US ambassador to Libya, Gene A Cretz, said that he was continuing the daily work of normalising relations with the Libyan government, and creating new ties with the Libyan people. An American visa section opened in Tripoli in April.

The return of the US to Libya and of improving diplomatic relations between Washington and Tripoli comes three decades after ties were severed. In November 1972, the US withdrew its ambassador from Tripoli after it accused Libya of supporting international terrorism. US-Libyan relations have dramatically improved since December 2003 after Tripoli's decision to give up its weapons of mass destruction programs.

"I've been here over four months and I have found nothing but courtesy on the part of the Libyan officials with whom I have dealt with. I have found nothing but warmth and welcoming spirit from the Libyans who I have met on the street or visiting or whatever. I think we have come a long way even just since the time I have been here in terms of establishing a working relationship with the Libyan government," Cretz said to waiting media.

He said in the short time he had been in Tripoli, he thought the two countries had made much progress in building a new relationship.

"I would say on an official level we have made progress in several different areas and we look forward to even more progress and I think that today's ceremony in which we raised our flag here is just another building block on the way to what we consider to be a normalisation of relationships with the Libyan government and the Libyan people."

Since relations between the two have improved, the United States has ended its major economic sanctions on Libya and has dropped it from a State Department blacklist for "state sponsors of terrorism".

[RB: Less than two-and-a-half years later the US Secretary of State, Hillary Clinton, was saying “We came, we saw, he died” on hearing that Muammar Gaddafi had been brutally killed.]

Discovery of circuit board fragment PT35B

It was (apparently) on this date in 1989 that Dr Thomas Hayes of the Royal Armaments Research and Development Establishment (RARDE) discovered amongst Lockerbie debris a fragment of circuit board embedded in a shirt collar. This became PT35(b) -- the notorious dodgy timer fragment. The story of the discovery and how it was recorded is narrated an article headed Page 51 and its Environs on Caustic Logic’s blog The Lockerbie Divide. The dialogue between Caustic Logic and Rolfe in the comments following the blogpost is also a mine of information. Another useful source of enlightenment is Dr Ludwig de Braeckeleer’s PT35B website.

Real questions raised but no reliable answers

[What follows is the text of a review by Tom Sutcliffe on the website of The Independent on this date in 1995 of the version of Allan Francovich’s The Maltese Double Cross broadcast on Channel Four that day:]

All disasters provoke in us a hunger for explanation and these days you're never at a loss for someone prepared to feed you, to appease your pangs with conspiracy theories - that intellectual junk food. In more faithful times blame was less complex. Writing about the Titanic, Thomas Hardy mused on the separate creation of ship and iceberg: "No mortal eye could see/ The intimate welding of their later history,/ Or sign that they were bent/ By paths coincident/ On being anon twin halves of one august event./ Till the Spinner of the Years/ Said 'Now!' And each one hears,/ And consummation comes, and jars two hemispheres."

Alan Francovich's film about the Lockerbie disaster, The Maltese Double Cross (Channel 4), opened with a similarly baleful sense of ineluctable collision - a suitcase and a plane full of people, fated to meet. But where Hardy lays the blame on the Spinner of the Years (current whereabouts unknown) Francovich has more earthly agencies in mind. That terrible explosion was entirely eluctable, he suggests, so much so that several potential victims changed their travel plans after specific warnings from intelligence sources. Worse, he alleges, the bomb was actually placed on the plane with the assistance of DEA officials, protecting a drugs-for-intelligence operation in the Lebanon. The Libyan connection is simply a front, a cynical attempt to turn a political profit from the disaster and to conceal the murky dealings of American intelligence.

This is airport novel stuff, a convoluted story traced through a swamp of mendacity and impure motive. It might even be true - after all, Iran- Contra sounded like a Hollywood fantasy. But it doesn't greatly help your confidence that Francovich's film almost immediately adopted the conspiracist's unshakeable conviction that nothing is quite what it seems. "Americans" were on the scene very quickly, noted various witnesses, hinting darkly at foreknowledge. The CIA was there and the FBI, interfering with the work of Scottish policemen, combing those low hills for evidence. This seems "odd" to Tam Dalyell - but it doesn't seem very odd to me. It's explicable in a number of ways - management panic, jurisdictional squabbles, even the sick crowd instinct generated by such an event. Intelligence officers aren't immune from the impulse that makes people pull over to stare at traffic accidents and they have much better excuse at hand.

It was clear too that Francovich wasn't exactly a dispassionate seeker after truth. At times the script buckled beneath the weight of sarcastic insinuation. What about this, read over footage of night-time Tripoli? "Oliver North. Lieutenant-Colonel US Marine Corps. His commander-in-chief the Honourable Ronald Reagan and still sleeping the sleep of the just, as he had in cabinet meetings, had his three presidential obsessions - hostages, Contra and Gaddafi." Come again? Scorning the official explanation that a fragment of microchip proved Libyan guilt, Francovich showed you the pine forest where it was notionally found and "where it is as dark as it must have been before time began, with the first big bang". I guess the searchers needed torches. Later we travelled to Zurich - "Where money grows in banks. Where the hand that steals is not cut off, just grows other hands."

This sort of portentous nonsense is all very well, but it is not a good idea to stoke up such a generalised sense of double-dealing if your own film has been partly financed by Libyan money and if one of your principal witnesses was also employed by Pan-Am lawyers, hoping to stave off huge payments in damages. Francovich's film raises some real questions about the official account, about its political convenience and expedient omissions. But it didn't replace it with any reliable truth of its own. You switched off, thinking you couldn't trust anything but the continuing grief of the bereaved.

Judges’ conclusions from Frankfurt printout unwarranted

[What follows is excerpted from a report published in the Maltese newspaper The Sunday Times on this date in 2009:]

A German expert has raised fresh controversy on a crucial piece of evidence in the conviction of Abdel Basset Al-Megrahi as the Lockerbie bomber.

The verdict relied heavily on the judges' acceptance of a brief computer printout of the baggage movements at Frankfurt airport. The prosecution had argued it proved an unaccompanied bag containing the bomb was transferred from Air Malta flight KM180 to the Pan Am flight 103 to London on December 21, 1988.

The expert who helped design the baggage system in place at Frankfurt airport in 1988 and familiar with the operating software has now said: "The Lockerbie judges got it wrong, they simply got it wrong."

In the original trial, the Crown could offer no evidence of how the bag got aboard the Air Malta flight in the first place. Malta had presented records showing that no unaccompanied baggage was on the Air Malta flight in question.

The baggage reconciliation system at Malta's airport did not only rely on computer lists. Personnel also counted all pieces of baggage, manually checking them off against passenger records. Maltese baggage loaders had been prepared to testify, yet they were never called as witnesses.

In spite of a lack of evidence that the baggage containing the bomb actually left Malta, the judges concluded that it must have been the case, based on an interpretation of the computer print out from Frankfurt.

The hotly disputed computer printout was saved by Bogomira Erac, a technician at Frankfurt airport. She testified at the original trial under the pseudonym Madame X. One of the reasons this computer printout was so controversial was that although Ms Erac thought it important to save, she then tossed it in her locker and went on holiday.

Only on her return did she hand it to her supervisor who gave it to the Bundeskiminalmt (BKA), the German Federal Police. The BKA did not disclose this printout to Scottish and American investigators for several months.

The German expert has now examined all of the evidence that related to the Frankfurt baggage system placed before the court in the original trial. The expert, who agreed to review this evidence on condition of anonymity, spent six months examining the data.

Although he demanded anonymity, he agreed that if a formal approach was made by Mr Al-Megrahi's lawyers or the Scottish Criminal Cases review commission, he would meet them.

He was puzzled when he saw how short the printout out was and explained that there was no need to print a very small extract from the baggage system traffic, as a full back-up tape was made. This would have shown all the baggage movements at Frankfurt airport that day.

When it was explained that the court heard that the system was purged every few days and that no back-up tape existed, he said: "This is not true."

"Of course it is possible no back-up tape was made for that particular day but that day would have been the first and only day in the history of Frankfurt Airport when not one piece of baggage or cargo was lost, rerouted or misplaced," he added.

He went on to say that FAG, the company that operated Frankfurt Airport, needed these tapes to defend against insurance claims for lost or damaged cargo.

The expert maintains that even with his expert knowledge of the system he could not draw the conclusion reached by the Lockerbie trial judges in 2001.

"They would have needed much more information of the baggage movements, not this very narrow time frame," he said.

Questions are now raised about why Mr Al-Megrahi's legal team at the trial in the Netherlands decided to accept and rely upon a report on the baggage system compiled by a BKA officer and not find an expert on the system. The Scottish police also did not seek to interview those people who designed and installed the system.

Jim Swire, whose daughter lost her life in the bombing and who has been campaigning relentlessly for the truth to emerge, explained there was a break-in at Heathrow airport, early on December 21, 1988, in the relevant area of Terminal 3. This was followed by the sighting (before the flight from Frankfurt had even landed) of an unauthorised bag within the very container where the explosion later occurred.

"What we need now is an equally clear explanation as to why the information about the Heathrow break-in was concealed for 13 years," he said.

Dr Swire added: "At last, the time has come to turn away from Malta and Frankfurt and look a lot closer to home at Heathrow airport for the truth, for that is what we still seek.

"Utterly impossible" to reconstruct where, when and by whom items found

[What follows is excerpted from a report published on the BBC News website on this date in 2000:]

Tiny fragments of the suitcase suspected by police to have contained the bomb which destroyed Pan Am 103 were still being found months after the aircraft was blown up.

The fifth day of the Lockerbie trial in the Netherlands has heard that thousands of items were sifted through for signs of blast damage.

In the spring and summer of 1989, officers returned to specific search areas and turned up more evidence. (...)

Teams of officers sorted and examined 40,000 pieces for signs of unusual damage. They were labelled and stored according to the search sector in which they were found.

DC McInnes identified items he had discovered from his work inside the hanger in March 1989.

They included blast-damaged fragments of a brown suitcase and burnt pieces of material about an inch square.

He then identified other items he found when further outdoor searches were conducted in Newcastleton forest in the April and May of that year.

They included more tiny pieces of a brown suitcase, possibly Samsonite.

He had labelled one find as "rubber trim, copper-coloured, possibly from the bomb case". (...)

Cross-examined, DC McInnes acknowledged that the sheer volume of wreckage, plus erratic police labelling, meant expert guesswork was sometimes used to locate evidence and date its discovery retroactively.

He told defence counsel Bill Taylor that in the weeks following the disaster, trucks filled with wreckage arrived at a warehouse where an initial reconstruction of the plane was made.

Not every individual piece was labelled by waves of police conducting fingertip "line searches" over vast stretches of open country, forest and farmland, and some paper labels were washed out or dissolved by rain.

The detective agreed that it was now "utterly impossible" to reconstruct where, when and by whom individual pieces were found and admitted a description of another piece was written over type-correcting fluid covering words no longer legible.

Another officer, Thomas Gilchrist, admitted under cross-examination by defence advocate Richard Keen, that a description on one label which was shown magnified on a courtroom imager might possibly have been changed from "clothes" to "debris".

Megrahi “does want matters to proceed”

[What follows is excerpted from a report published in The Herald on this date in 2009:]

The Lockerbie appeal continued yesterday despite the Libyan Government's request to transfer the man convicted of the bombing back to Tripoli.

Legal experts warned that the deal has not yet been agreed and that, although the Libyan Government has made the application, it cannot go ahead without the agreement of Abdelbaset Ali Mohmed al Megrahi.

Maggie Scott, QC, told the court that Megrahi, who is suffering from terminal prostate cancer, would be undergoing tests today and next week and that he will not be able to watch but "he wants the matter to proceed".

In order for the transfer to take place, there can be no proceedings active, so Megrahi would have to drop the appeal.

The Crown Office appeal against the length of the 27-year sentence imposed on the Libyan would also have to be dropped. It, too, is currently still live.

Professor Robert Black, one of the architects of the original trial at Camp Zeist, said: "The application is a government-to-government application. The only indication of what Mr Megrahi's attitude towards it is from the mouths of other people. For the transfer to go through, it is Megrahi who would have to agree to drop the appeal."

Megrahi, 57, whose condition is said to have deteriorated considerably, could also re-apply for bail on the basis of his health.

Last year, when three appeal court judges turned down his request for interim liberation, they left it open for him to apply again.

"He is in considerable discomfort," Ms Scott told the court yesterday. "It is anticipated he will be undergoing tests tomorrow and in the course of next week, so it is not anticipated he will be able to witness proceedings over the next series of days. He does, however, want matters to proceed. It is appropriate I point that out to the court."

Dumfries Labour MSP Elaine Murray yesterday expressed concerns that past and current comments made by First Minister Alex Salmond may be considered by the Libyan Government as Scottish ministers having predetermined their application for the transfer of Megrahi to a Libyan jail. She also provided the Libyans with grounds for judicial review should the application be rejected by Justice Secretary Kenny MacAskill.