Sunday, 10 May 2009

Reaction to the transfer application

Today's edition of Scotland on Sunday carries three articles on the Lockerbie case: a news report, a lengthy opinion piece by the Scottish Political Editor and a leader.

The news report is headed "FBI agent slams review of Lockerbie conviction" and records the views of Richard Marquise. It reads in part:

'The Scottish legal body which cast doubt on the safety of the Lockerbie bomber's conviction has been condemned for carrying out a "woefully inadequate" investigation by the American FBI agent in charge of the case.

'Richard Marquise claimed that the Scottish Criminal Cases Review Commission did not make thorough enough inquiries before it concluded that there were grounds for Abdelbaset Ali Mohmed al-Megrahi to appeal against his conviction.

'Marquise criticised the three-year investigation conducted by the SCCRC, the body responsible for looking into potential miscarriages of justice, because they failed to speak to him or other key people involved in the case.

'"Their 'investigation' was woefully inadequate because they never spoke with me or many others who could have shed some light on how we reached certain conclusions in the case," Marquise told Scotland on Sunday.

'"As a 31-year investigator, I could never had gotten away with conducting such an incomplete inquiry."'

I do not quite understand how talking to Mr Marquise could have led the SCCRC to form different conclusions on the evidence that they uncovered, the materials that were not disclosed to the defence, and the factual conclusions reached by the court that no reasonable tribunal could have reached. Interested readers can find details here and may also care to consult the most recent article "Lockerbie: J'accuse" by Dr Ludwig de Braeckeleer on OhMyNews International which provides an in-depth crtique of the crucial evidence that led to the wrongful conviction of Abdelbaset Megrahi.

The Scotland on Sunday opinion piece by Tom Peterkin is headed "Should this man, jailed for life for the Lockerbie bombing, be freed to die with his family?" It reads in part:

'The CCTV link that connects [Megrahi's] cell with the Court of Appeal in Edinburgh lies unused as he languishes on his bed resting between hospital appointments.

'The pain also distracts him from the satellite television that keeps him in touch with the political developments that will determine what remains of his future.

'It is perhaps a strange paradox that while the Lockerbie bomber himself has been forced to avert his eyes from his own fate, the rest of the world is once again focusing on the man convicted of the murder of 270 people when Pan Am Flight 103 exploded over Lockerbie 20 years ago.

'But the world's gaze is not solely fixed on the former Libyan intelligence agent, who, depending on your point of view, is considered to be Britain's biggest mass-murderer or the victim of a gross miscarriage of justice.

'International eyes are also trained on Alex Salmond, the First Minister, and his Justice Secretary, Kenny MacAskill.

'The latest twist in the tortuous Lockerbie legal saga has provided Salmond with the most taxing dilemma that he has faced since he became First Minister two years ago.

'For it is now down to Salmond and MacAskill to decide whether Megrahi, 57, should remain in Scotland or go home to Libya to die. (...)

'Last week's application by the Libyan authorities to have Megrahi transferred from Scotland can be traced back to the so-called "deal in the desert" that was struck between Libyan leader Muammar Gaddafi and Tony Blair, the then Prime Minister.

'The deal, in June 2007, led to Salmond's first serious row with the UK Government when the First Minister protested that the Scottish authorities had not been consulted and warned that it could lead to Megrahi being transferred back to Libya.

'Ironically, it is now Salmond who has 90 days to make up his mind about Megrahi's future under the terms of the Prisoner Transfer Agreement agreed by Blair and Gaddafi. (...)

'It is perhaps easy to see how some in London and Edinburgh would view the repatriation of Megrahi as a convenient way of solving the long-standing Lockerbie problem.

'Should Megrahi agree to drop his appeal in order to go home, a question mark would always remain over whether there had been a miscarriage of justice by the Scottish courts in the original trial. But his return would cement the improving relationship between Britain and Gaddafi – a controversial tie that could bring great economic benefits to Britain in the oil fields of Libya. (...)

'The safety of Megrahi's conviction has been a subject of huge controversy ever since he was found guilty of killing 259 aircraft passengers and 11 people on the ground in 2001 in a specially convened Scottish court in the Netherlands.

'Professor Robert Black QC, one of the architects of the Camp Zeist court in The Hague, is one legal expert who believes in Megrahi's innocence.

'"So many concerns have been expressed that for all this to be swept under the carpet is not in the public interest," Black said.

'"In my view, it is in the Scottish public interest that the appeal proceeds, because it is a test of Scots Law. But I fully understand that, given Abdelbaset's state of health, his personal point of view is that he might want to return home to spend his last months with his family – that must be a very attractive proposition."

'Black's view is shared by Jim Swire, the retired GP who lost his daughter Flora when the aircraft came down.

'"At a human level, I am in favour of him being transferred because he is seriously ill," Swire said. "But it would be a bitter blow to drop the appeal, because I would like to see this evidence examined in public."

'Swire believes that the case against Megrahi is fatally flawed.

'He disputes the Camp Zeist court's view that Megrahi placed his bomb in a suitcase, wrapped in clothes he'd purchased from a shop in Malta, loaded it on to an Air Malta flight to Frankfurt, where it was transferred to a second flight to London before being eventually loaded on to the doomed aircraft.

'Instead, Swire claims that there was a break-in at Heathrow Airport on the morning of the flight, which resulted in the bomb boarding the plane in London – a theory that he claims has been covered up. (...)

'There is also a belief in some quarters that the appeal could reveal details about the politics of the Lockerbie investigation that could cause embarrassment in Washington, London and Edinburgh.

'But those who led the investigation are absolutely confident that the conviction is safe.

'"I am convinced of the evidence," said Richard Marquise, the FBI agent who led the US side of the investigation.

'"I am convinced the conviction is true, accurate and correct. I keep reading all these suggestions that evidence was planted, that it was manipulated, twisted and changed. But I got that evidence ready for the trial and I am absolutely convinced of its veracity and that what we collected was all accurate and correct.

'"There is so much information in the public domain that's just wrong. If you took everything published as fact, you would certainly think there was doubt. But a lot of things are published as fact that are just not true."

'Salmond will no doubt be keenly aware that many of the American victims agree wholeheartedly with Marquise's view. And there is no doubt that sending Megrahi back to Libya would trigger a huge amount of American anger and a massive diplomatic problem for both Scotland and the UK as a whole.

'"I think it would be outrageous if Megrahi was sent home," said Frank Duggan, a Washington lawyer who is president of Victims of Pan Am Flight 103.

'"The trial in the Hague was set up, because our Government and the British Government made statements saying that if anybody was found guilty, they would serve their prison sentence in Scotland. President Clinton and Tony Blair said that. The only way for him to be sent home would be for his miserable little carcase to go back to Libya in a pine box. The man is an unrepentant murderer."

'Megrahi's supporters also acknowledge the strength of feeling in America and the impact that could have on the Scottish ministers' decision. As Black said: "I suspect that Alex Salmond and Kenny MacAskill's civil servants are advising them that they should grant him the repatriation. There is nothing they would like better than this to go away quietly. But they are politicians and they have to weigh up the reaction."

'Mischievously, he added: "Given that we want lots and lots of Americans to come to Scotland for the Homecoming and this would have the American media up in arms – could that have adverse consequences?" That, it has to be said, may turn out to be the least of Alex Salmond's worries.'

The SoS leader is headed "Lockerbie bomber must stay" and reads in part:

'The case of Abdelbaset Ali Mohmed al-Megrahi, the man convicted of the Lockerbie bombing, poses a serious dilemma for Alex Salmond. But the First Minister must stand firm. Megrahi is a convicted mass murderer and must not be released unless he is cleared on appeal.

'It is difficult not to feel some empathy for the Libyan, who is seriously ill and dying of cancer. Jim Swire, whose daughter Flora died in the 1988 bombing of Pan Am flight 103, is just one of those who would not begrudge him the right to die in his homeland.

'There are, too, geopolitical consequences to consider. (...)

'Yet justice should be blind to all those extraneous issues, and it is the reputation of Scottish justice that should be at the forefront of Salmond's mind as he ponders his decision on whether Megrahi should stay or go. Any decision to free the prisoner at this stage would be seen in some quarters as an attempt to avoid evidence being presented in court that could embarrass the Scottish, UK and US authorities.

'Were Megrahi to be released before the appeal process had run its course, then a question mark would forever hang over Scottish justice. That is too high a price to pay to assuage our discomfort at a dying man's desire to die in the country of his birth.'

Saturday, 9 May 2009

Megrahi transfer row puts Salmond under pressure

[What follows are excerpts from a report in the Daily Express. The full text can be read here.]

Alex Salmond yesterday came under mounting pressure not to send the Lockerbie bomber home to die as he insisted politics would play no part in any transfer.

The First Minister said the request to allow terminally ill Abdelbaset Ali Mohmed Al Megrahi to serve the remainder of his sentence in Libya would be considered on “judicial grounds alone”.

His comments came as American relatives of those who died in the 1988 atrocity revealed they had made a direct plea to Scottish ministers, who have the final say on whether the deal is done, to block Tripoli’s request.

It is also thought the United States government, which has long maintained Megrahi should complete his sentence in Scotland, is preparing to make diplomatic representations about the case. (...)

His second appeal against the conviction began at the Appeal Court in Edinburgh last week, but this must be dropped if his transfer to a Libyan jail is to take place.

Mr Salmond said it would have been “greatly to be preferred if the judicial processes of Scotland” were allowed to take their course.

But he insisted that the decision on the prisoner transfer – which will be considered by Justice Secretary Kenny MacAskill – would be based solely on judicial grounds. (...)

Ministers have up to 90 days to reach a decision on the case under the terms of a controversial prisoner transfer agreement struck between then Prime Minister Tony Blair and Libyan leader Colonel Gaddafi two years ago. American Susan Cohen, whose 20-year-old daughter Theodora was among those killed, last night said she had already e-mailed the Nationalist administration pleading for the request to be refused.

Ms Cohen said: “It would be a horrible slap in the face to the Scottish justice system if this man, who is a convicted mass murderer lest we forget, is allowed home. There are many conspiracy theories but not a single shred of evidence has come out saying anything other than the truth of Libyan involvement. He would be feted as a hero back in Libya.”

A spokesman for the US Embassy said his government’s long-held position was that “Megrahi should serve his sentence in a Scottish prison”. Asked if the US State Department would be making any representation he said: “We can’t discuss diplomatic exchanges.”

Until now, Megrahi, who is serving a minimum of 27 years in HMP Gateside, Greenock, has insisted he wants to clear his name.

His appeal continued yesterday. Five judges in Edinburgh have spent eight days listening to criticisms of the Camp Zeist trial in the Netherlands which found him guilty.

His QC, Maggie Scott, yesterday made no mention of the transfer request. But she told the court Megrahi had given up watching proceedings over a live CCTV link with his prison cell.

She said: “He is in considerable discomfort. He does, however, want matters to proceed.

“It is appropriate I point that out to the court.”

Megrahi desperate to see his family, says MSP

[The Herald reports Christine Grahame MSP's visit to Abdelbaset Megrahi under the above headline. The full report can be read here. The Scotsman's similar report can be read here. The following are excerpts from The Herald's account:]

The Libyan convicted of the Lockerbie bombing is in deteriorating health and "absolutely desperate" to see his family, an MSP said yesterday.

But Christine Grahame refused to say whether Abdelbaset Ali Mohmed al Megrahi intends to abandon his appeal against conviction, following her meeting with him at Greenock Prison.

Libyan authorities have applied for Megrahi to be moved to Libya under a prisoner transfer treaty between that country and the UK.

But no decision on this can be made by Scottish Justice Minister Kenny MacAskill if there are outstanding legal proceedings. (...)

Emerging from the prison, Ms Grahame said: "I found it quite upsetting. The man is obviously very ill and he is desperate to see his family - absolutely desperate to see his family - so, whatever it takes, that's the priority."

She went on: "He did tell me things I can't discuss with you. But I am absolutely more convinced than ever that there has been a miscarriage of justice."

Asked if Megrahi planned to press on with his appeal, she said: "I can't say that - that is for him to say through his lawyers." (...)

Megrahi was diagnosed with prostate cancer last year and later failed to be freed on bail pending his appeal, which finally got under way last Tuesday in Edinburgh. Legal experts have warned that although the Libyan government has made the application for the transfer agreement, it cannot go ahead without the agreement of the prisoner.

The appeal against the length of sentence imposed on Megrahi would also have to be dropped if the transfer agreement is to go ahead.

Ms Grahame said: "His health is deteriorating, he was pretty upset and he is a man who wants to see his family."

With his health worsening, al Megrahi believed he had only "a short time to go", Ms Grahame said. "It was all about his family - we did talk about other matters, but it kept coming back to the importance of family."

Megrahi did not tell her how long he expected to live, nor did he offer an opinion on the move by Libyan authorities, said Ms Grahame. But she also said he wanted to clear his name.

"That is essential to him as well," she said. "Other matters I can't discuss with you because it would prejudice anything else."

Ms Grahame has previously said that if his appeal was abandoned there should be a public inquiry, and yesterday she repeated that view.

She said Megrahi knew a lot about the Lockerbie case.

"This man has lived this case for the last decade, he knows more about it probably than any other person on the planet. He is well-informed but his priority is his family.

"The man is an able man but he is a man who is terminally ill and missing his family as we all would. He wants to die at home with his family."

Friday, 8 May 2009

First Minister hints at delays in Lockerbie case

First Minister Alex Salmond has cast doubt on whether Justice Secretary Kenny MacAskill will be able to rule on the prisoner transfer request from Libya of Lockerbie bomber Abdelbaset Ali Mohmed al Megrahi.

Libyan authorities have applied for Megrahi to be moved to Libya under a treaty between that country and the UK. The process should be completed within 90 days.

However, Mr Salmond has said it may be a problem to fulfil the agreement in that time frame.

Mr Salmond said: "In the prisoner transfer agreement, it says this process would normally take 90 days but of course there are unknowns, including the judicial process in Scotland which is not completely under our control."

[From a report on the STV website. The full text can be read here.]

Megrahi appeal goes on after experts reveal deal not agreed

[This is the headline over an article by Lucy Adams in today's edition of The Herald. The full text can be read here. The following are excerpts.]

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."

MSP visits Megrahi in Greenock Prison

Scottish National Party backbench MSP Christine Grahame today visited Abdelbaset Megrahi in HMP Greenock. An earlier visit, intended for last Sunday, was blocked by prison authorities. Accounts of today's visit can be read on the BBC News website; on the STV website and on The Scotsman website.

Thursday, 7 May 2009

Salmond assures MSPs on Lockerbie transfer decision

First Minister Alex Salmond told Holyrood a decision on whether the Lockerbie bomber is to be transferred to Libya will be taken on "judicial grounds alone"

A decision on whether the Lockerbie bomber is to be transferred to Libya will be taken on "judicial grounds alone", the First Minister said. (...)

The second appeal against conviction by Megrahi began in Edinburgh last week, but this must be dropped if his transfer to a Libyan jail is to take place.

Alex Salmond, speaking during First Minister's Questions on Thursday, said it would have been "greatly to be preferred if the judicial processes of Scotland" were allowed to take their course.

But Mr Salmond insisted that the decision on the prisoner transfer - which will be considered by Justice Secretary Kenny MacAskill - would be based solely on judicial grounds.

Mr Salmond stressed: "What I have said throughout this process is that everything we do as a government will uphold the integrity of the Scottish judicial system.

"Let me repeat that today and also say the decision made by the Justice Secretary will not be made on economic grounds or on political grounds; it will be made on judicial grounds and judicial grounds alone."

The issue had been raised by Scottish Liberal Democrat leader Tavish Scott, who said that he believed that "al Megrahi should serve his sentence in Scotland".

And the Lib Dem recalled a statement Mr Salmond had made to Holyrood in June 2007, when he said that Scottish law officers and others, including the Secretary General of the UN, had given assurances that any sentence that was imposed would be served in Scotland.

Mr Scott then asked Mr Salmond: "Does he stand by that statement he made as First Minister?" (...)

Labour MSP Elaine Murray, member for Dumfries, asked what consideration had been given to the possible transfer of Megrahi to Libya.

Ms Murray said comments had already been made by the First Minister that anyone connected to the bombing should be excluded from prisoner transfer.

"Do these statements indicate that Scottish ministers have actually predetermined their response to the Libyan Government, and if so does this enable the Libyans to seek judicial review if the request is turned down?" she asked.

Mr Salmond insisted no decision has been made and added: "I think we were absolutely right - demonstrably right - to warn of the possible consequences of the sequence of events set in place in June 2007, just as we are absolutely duty bound to consider a prisoner transfer agreement on its merits.

"Given the relevant legislation, there can be no prejudging of that agreement before such a PTA came into place."

[From the STV (Scottish Television) website. The full report can be read here.]

The on-going appeal

The appeal hearing continued on Wednesday, notwithstanding the prisoner transfer application submitted by the Libyan Government.

Maggie Scott QC for Megrahi continued her review of the evidence regarding ingestion of the fatal suitcase at Luqa Airport in Malta, and argued that the trial court's conclusion that the bomb started its fatal progress there was one that they were not entitled to reach on the evidence presented at the trial. She also contended that the evidence was insufficient to entitle the trial court to reach the conclusion that the destruction of Pan Am 103 was a "Libyan plot".

Ms Scott indicated to the court that she was likely to conclude her submissions on Thursday morning. It will then be for Ronnie Clancy QC to respond on behalf of the Crown.

Reaction to the transfer application

Alex Salmond [the First Minister in the Scottish Government] was preparing his legal team last night for the most difficult decision of his time in office – whether to allow Britain's biggest mass-murderer to be released from jail and serve the remainder of his sentence in Libya. (…)

Megrahi, 57, a former Libyan secret agent, is terminally ill with prostate cancer and has only just begun his appeal, a process expected to last a year.

However, if he opts to drop the appeal then it will be up to the First Minister, justice secretary Kenny MacAskill and Scottish Government officials to decide whether to send him home. (…)

Scottish Liberal Democrat leader Tavish Scott said: "A Scottish court convicted Megrahi of a truly heinous crime – 270 people lost their lives in the Lockerbie bombing.

"The justice secretary needs to respect the judgment of the Scottish courts. Megrahi should serve his time in a Scottish prison. This application should be refused." (…)

A senior Scottish Government source said there was no way ministers could agree to transfer Megrahi to Libya if legal proceedings were still ongoing. The appeal would have to be concluded – one way or the other – before any decision was taken, he said.

Megrahi has always protested his innocence, but if he drops his appeal and relies on the transfer agreement to get him home, he will leave as a convicted murderer. If he decides to pursue his appeal, he could die before the legal process concludes.

Scottish Tory justice spokesman Bill Aitken said: "When this issue (Megrahi's transfer] first arose as a possibility, we said we would normally expect someone convicted of such an atrocity over Scotland to serve their full sentence in Scotland. That view still prevails today."

[The above are excerpts from an article in today’s edition of The Scotsman. The article also contains the varying reactions of relatives of those killed on Pan Am 103 to the possibility that Mr Megrahi may be repatriated. The Herald’s coverage of the story can be read here.]

Wednesday, 6 May 2009

What happens now?

[The most detailed report of today's events that I have been able to find comes from The Associated Press news agency. Excerpts appear below. The full report can be read here.]

The only person jailed over the 1988 Lockerbie bombing said he would drop his appeal against conviction — provided Britain allows him to serve the rest of sentence in Libya, a visiting Libyan official said Wednesday.

Abdel Basset Ali al-Megrahi, who is terminally ill with cancer, (...) has been fighting his conviction in a Scottish court, but a Libyan Foreign Ministry official said al-Megrahi would be willing to drop the case.

"He is sick. He has cancer. There is no cure for his case. He told me that he wants to die among his family and friends in his country," said Abdel Atti el-Ubaidi [more normally transliterated as Abdel Ati al-Obeidi, the Deputy Foreign Minister for European Affairs], who is leading a Libyan delegation to London. "Al-Megrahi said that he is ready to drop the appeal if he is guaranteed that he will be transferred to Libya." (...)

Al-Megrahi's lawyers have said British and U.S. authorities tampered with evidence, disregarded witness statements and steered investigators toward the conclusion that Libya, not Iran, was to blame. (...)

Al-Megrahi's appeal, which has been under review since April 28 at Edinburgh's High Court, points to an exhaustive 2007 legal review by the Scottish Criminal Cases Review Board raised questions about evidence used to convict al-Megrahi.

Relatives of the victims expressed dismay Wednesday at the news that al-Megrahi might be sent to Libya.

Scottish lawmaker Christine Grahame said she believed al-Megrahi would succeed in clearing his name if he can complete the appeal process, but she said it was "understandable, on a personal level, why he would want to return to his homeland given his failing health."

She called for a public inquiry into the Lockerbie bombing, even if al-Megrahi were no longer in the country.

Robert Monetti, from Cherry Hill, New Jersey, whose son Rick died in the blast, said "the American families are incredibly opposed to letting al-Megrahi out of Scotland."

"As a group we are generally convinced that he is guilty and ought to serve his sentence" in Britain, Monetti said.

El-Ubaidi, the Libyan official, said he made a request to Scottish officials Tuesday to drop the appeal. Scotland's government confirmed receiving the request, and said a decision could take three months or longer. Scotland had said it would not repatriate him while his appeal was being heard.

Meanwhile, appeals proceedings were held Wednesday at the court in Edinburgh. Al-Megrahi's lawyer Tony Kelly declined comment, prosecution spokesman Kevin Bell said the appeal was expected to continue.

A MSP's response to the transfer application

Christine Grahame MSP (SNP) who is due to meet Mr Megrahi at Greenock Prison on Friday said:

“I am not surprised Mr Megrahi has made an application to be transferred back to Libya. Until that transfer takes place his appeal can still proceed, although I suspect his transfer application will not take a full 90 days to be considered. Even if it were it is likely his appeal will not now be heard given a year was set aside to consider it.

“Ideally it would have been better if the protocol which the British Government signed up to would have allowed for the appeal to continue whilst Mr Megrahi was transferred back to Libya. I firmly believe on the evidence I have seen that Mr Megrahi would win his appeal and clear his name. Unfortunately, because he is terminally ill, time is not on his side and it is understandable, on a personal level, why he would want to return to his homeland given his failing health.

“If the prisoner transfer does proceed, as I expect it will, and Mr Megrahi drops his appeal then I think the case for a full public inquiry into this whole episode will be necessary. Such an inquiry should not only examine how the official investigation was carried out, but also re-examine the evidence both contemporary and newly presented that points to another source and motive for this appalling atrocity.

“It is imperative therefore that all evidence gathered and maintained by the relevant authorities, including the Crown Office and Scottish Criminal Cases Review Commission and others is secured and not destroyed in the event Mr Megrahi does drop his appeal. That evidence will be vital should there be a public inquiry.”

[Press release from Christine Grahame's office.]

Libya applies for transfer of Lockerbie bomb prisoner

The Libyan authorities have applied for the transfer of the man convicted of the Lockerbie bombing, the Scottish government said today.

The move, which could see Abdelbaset Ali Mohmed al Megrahi sent home to Libya to serve out his sentence, follows last week's ratification of a prisoner transfer agreement between the British and Libyan governments.

A Scottish government spokesman said: "The application will be considered by officials who will provide information and advice to Scottish ministers for decision on this matter.

"Under the terms of the agreement this process may take 90 days although it could be longer if further information is required in relation to the application, or for another reason."

[From The Herald's website. The BBC News website's report can be read here. The report on The Scotsman's website can be accessed here. The following are excerpts:

'[Megrahi's] second appeal against conviction began at the Appeal Court in Edinburgh last week, but this must be dropped if his transfer to a Libyan jail is to take place.

'Dr Jim Swire, whose daughter Flora was on board the Pan Am flight 103, welcomed the development.

'He said: "I am not opposed to this simply because I don't believe the man is guilty as charged and I don't think Megrahi should be in prison."

'He said it was only "right" Megrahi, who is dying from cancer, should be allowed home.

'But Dr Swire added: "He has to renounce his appeal before he can go home. Just because the authorities have applied doesn't mean it is going to happen immediately."

'The application to the Scottish Government was made late yesterday, officials said.

'Under terms of Britain's agreement with Libya, a decision on transferring a prisoner cannot be made if there are any outstanding legal proceedings.

'But the fact that legal proceedings are still outstanding does not prevent an application being lodged.

'The prisoner transfer deal was ratified last Wednesday – the day after Megrahi's second appeal began in Edinburgh.

'For a prisoner like Megrahi, who has prostate cancer, the requirement that there can be no legal proceedings outstanding poses an agonising choice.

'He can either drop his appeal – and with it his bid to clear his name – and seek a return to Libya. Or he can persist with an appeal – and possibly die before it is completed.

'Labour's Scottish justice spokesman Richard Baker said: "It is absolutely right that it is Scottish ministers that will be responsible for any decision to transfer Mr Megrahi.

'"The Scottish Justice Minister has responsibility for Scottish prisoners and so it follows that Kenny MacAskill should decide on the issue."

'Barrie Berkley, who lost his son Alistair, said he hoped the appeal would continue.

'Mr Berkley, of Hexham, Northumberland, said: "I would rather the appeal be completed first and I hope the courts would facilitate it going through without any further delay.

'"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.

"We really want to know whether the Libyans were behind this and Megrahi was behind it.

'"Or of course if he was found not guilty that would mean the inquiry would have to reopen and the various agencies of the US and UK would need to find who was behind it if it wasn't Megrahi.

'"Our main motive is to find out whether Megrahi did do it or not."

'He added: "If he is found guilty then the Government has to decide where he serves the remainder of his term. It shouldn't be up to him or the Libyan authorities."'

The relevant legal provisions governing prisoner transfer are set out here. A prisoner may be transferred only if the judgment against him is final and no other criminal proceedings are pending in the transferring state. This means that Abdelbaset Megrahi's current appeal would have to be abandoned before transfer takes place. But it would seem on the face of it that there is no reason why the appeal should not continue while the Scottish Government is considering the application. Transfer cannot be effected without the consent of the prisoner concerned since it is he alone who can instruct the appeal to be abandoned to allow transfer to take place.]

Appeal update

As far as I can discover, there is no online press coverage of the first day of the second week of the appeal on Tuesday.

However, a source who was present in court informs me that Maggie Scott QC for Megrahi continued her detailed examination of the evidence given by Tony Gauci at trial about the date of purchase of the clothing that accompanied the bomb in the brown Samsonite suitcase. In the course of these submissions reference was made to transcripts of the evidence provided at trial and in particular the evidence in relation to the football games shown on Maltese television on 23rd November 1988 and 7th December 1988, the weather on these dates and the evidence led at trial in relation to the Christmas lights.

Ms Scott continued with an examination of case law where the Crown sought to corroborate the identification of an accused with circumstantial evidence. She then addressed the Court on whether the trial court was entitled to draw the inference that the appellant knew the purpose for which the clothing was bought.

In the course of the afternoon Ms Scott began an examination of the evidence from which the trial court made the inference that the primary suitcase was ingested at Luqa airport in Malta. In order to examine this evidence she will ask the court to look at the evidence led at trial relating to Heathrow airport, Frankfurt airport and Luqa airport.

Tuesday, 5 May 2009

Bomber visit 'blocked' claims MSP

[The following is a press release issued today by SNP Member of the Scottish Parliament, Christine Grahame. An article based on it appears on the BBC News website and can be read here.]

An MSP who is working with relatives of victims of the Lockerbie Pan Am bombing has been refused a visit to the man convicted of the atrocity, Abdelbaset Ali Mohmed Al Megrahi. Christine Grahame MSP had been offered a private meeting with the terminally ill Mr Megrahi who is currently serving a 27 year sentence at Greenock Prison. Mr Megrahi is currently appealing his conviction and had agreed to meet Ms Grahame, but officials at the Scottish Prison Service blocked the move at the last moment, refusing to give an explanation. Ms Grahame said:

“I believe, as many campaigners and relatives of Lockerbie victims believe, that the conviction against Mr Megrahi is unsafe and, like the Scottish Criminal Cases Review Commission, I think there is evidence that a miscarriage of justice has taken place. If that is the case it is not only an injustice for Mr Megrahi but also for the 270 victims of Pan Am 103.

“I was offered a private visit last week to speak to Mr Megrahi directly and I intended to meet with him on Sunday morning. On Saturday evening however the prison Governor contacted my office to advise that the meeting would not be able to proceed due to unspecified reasons. Despite several attempts to seek clarification from the Scottish Prison Service no satisfactory explanation has been offered.”

Ms Grahame, a former lawyer, has been working closely with the Justice for Megrahi campaign which includes Professor Robert Black QC, the well respected legal expert and Dr Jim Swire whose daughter Flora was killed in the bombing. She added:

“From the evidence I have seen I think there is an indication that very senior officials and British Ministers do not want the truth about this case to enter the public arena.

“I believe that is why the British Government has rushed through the Prisoner Transfer Protocol with Libya, in the hope Mr Megrahi will drop his appeal, as he must do under the terms of the protocol arrangement to be eligible to be transferred back to his homeland. That would ensure that the details about the unsafe nature of this conviction and the manner in which the investigation was carried out by both Scottish and US investigators will be covered up.”

Mr Megrahi is understood to be disappointed that the visit is being blocked, despite his entitlement to such visits. Ms Grahame intends to pursue the matter with the relevant officials.

Monday, 4 May 2009

More from Malta

In the dock: Lockerbie witness Gauci

The defence of convicted Lockerbie bomber Abdelbaset al Megrahi wants to attack the central plank of his prosecution – Malta shopkeeper Tony Gauci. MATTHEW VELLA looks at the mounting evidence.

[This is the heading over an article in the Sunday edition of Malta Today. The full text can be read here.]