[This is the headline over a report on the BBC News website. It reads in part:]
Relatives of the Lockerbie bombing victims could demand a judicial review to stop Abdelbaset Ali al-Megrahi being returned to Libya, it has been claimed.
SNP MSP Christine Grahame said the possibility would prevent the terminally ill Megrahi returning to Libya in the short term.
It would effectively ensure Megrahi, who was convicted of the 1988 bombing, died in Greenock prison, she said. (...)
Scottish Justice Secretary Kenny MacAskill said earlier this week that no decision on the prisoner transfer could be made while Megrahi pursued a second appeal against his conviction for the bombing. (...)
South of Scotland MSP Ms Grahame said she understood US relatives of the victims had taken legal advice in both London and Scotland, and would seek an immediate judicial review if Mr MacAskill agreed to the Libyan Government request.
The request was made under a prisoner transfer agreement signed by then Prime Minister Tony Blair in 2007. (...)
Megrahi is currently being held in Greenock prison where he is receiving treatment for advanced stage prostate cancer.
Ms Grahame, who has met Megrahi twice in recent months, said Scottish Prison Service officials had already informed her there was nowhere within the prison estate properly suited to managing Megrahi's condition.
"This makes the case for compassionate release absolutely imperative. That option is not subject to judicial review and is the only sensible compromise position in light of the fresh evidence and Mr Megrahi's deteriorating health," she said.
"The weight of evidence which has emerged combined with the serious doubts raised over the original evidence that was led at the trial have left me in no doubt of Mr Megrahi's innocence.
"The likelihood of a drawn-out process resulting from a judicial review launched by US relatives would effectively condemn Mr Megrahi to die in prison. There has already been considerable delay which means that Mr Megrahi will not live to see the end of the appeal he has ongoing against his conviction.
Ms Grahame said that if Megrahi was allowed to die in prison but it was later established he was innocent, people would question why the Scottish justice system "failed so dramatically".
A Scottish Government spokeswoman said: "The justice secretary is still considering the application and it would be wrong to comment on any hypothetical situation which may arise from any decision still to be made."
She added that any judicial review would be a matter for the courts.
Friday, 17 July 2009
Thursday, 16 July 2009
Release al-Megrahi
[This is the heading over a letter by John Dobbins published today in The Scotsman. It reads as follows:]
The integrity and human decency shown by Jim Swire and John Mosey (your report, 8 July) are truly remarkable, given the ongoing trauma they face in the aftermath of the Lockerbie atrocity and ensuing legal fiasco.
Disappointing, though understandable, is the blinkered position taken by some of the American relatives, whose vain search for justice has, sadly, led them to settle for revenge as mitigation for their loss through the continued punishment of an innocent man.
Their personal tragedy is compounded by the betrayal of their unquestioning belief in their country's professed moral principles and their inability to accept they have been lied to by the US and UK governments
Justice secretary Kenny MacAskill now has the opportunity to repair the damage done to the Scottish legal system's international reputation, by agreeing to Jim Swire's proposal that Abdelbaset Ali Mohmed al-Megrahi be immediately released and returned home to Libya. It is imperative he does not hide behind jargon and shows the moral courage needed to see off pressure from "friendly" foreign or home-grown powers to drop the appeal.
The integrity and human decency shown by Jim Swire and John Mosey (your report, 8 July) are truly remarkable, given the ongoing trauma they face in the aftermath of the Lockerbie atrocity and ensuing legal fiasco.
Disappointing, though understandable, is the blinkered position taken by some of the American relatives, whose vain search for justice has, sadly, led them to settle for revenge as mitigation for their loss through the continued punishment of an innocent man.
Their personal tragedy is compounded by the betrayal of their unquestioning belief in their country's professed moral principles and their inability to accept they have been lied to by the US and UK governments
Justice secretary Kenny MacAskill now has the opportunity to repair the damage done to the Scottish legal system's international reputation, by agreeing to Jim Swire's proposal that Abdelbaset Ali Mohmed al-Megrahi be immediately released and returned home to Libya. It is imperative he does not hide behind jargon and shows the moral courage needed to see off pressure from "friendly" foreign or home-grown powers to drop the appeal.
Wednesday, 15 July 2009
Editor of The Firm writes to Kenny MacAskill
[What follows is the text of a letter sent today to the Cabinet Secretary for Justice by Steven Raeburn, editor of the Scottish lawyers' magazine The Firm. The full account on the magazine's website can be read here.]
The Firm magazine recently ran a poll of its readers, which found that 86% of respondents supported a public inquiry into the downing of Pan Am flight 103 over Lockerbie.
A copy of the news story which ran in the July issue of the Magazine is appended below for your reference, and a copy of the magazine is enclosed.
I can add that solicitors and advocates, in addition to the general public, have frequently and consistently expressed to me their despair at the damage that has been inflicted upon the law of Scotland by this case. No doubt you are already aware that the Scots legal system was once rightly regarded as among the best and most effective in the world. Regardless of its present efficacy, it is now regarded both domestically and (especially) internationally as an embarrassment, principally because of the damning reflection cast upon it by the passage of the Lockerbie case through it.
On behalf of the readers of The Firm – including over 10,000 solicitors and 500 or so advocates who wish to see the reputation of Scots law restored and be certain the legal system they work for and within is a source of pride to them, and not of shame- I am duty bound to ask for you to address their wishes for a public inquiry. Like them, it is my fervent wish that the legal system of Scotland, and those who work within it, can be certain that the law which is applied in their name is done so honourably and with full accountability, devoid of the stains and shadows that this case has thrown upon it.
The reason this case refuses to go away is simply because the answers provided by the judicial process have failed to satisfy the public interest on one hand, and those directly affected by these events on the other. Whilst one bad case cannot be fairly described as representative of all that goes on in Scots law, that one bad case is nevertheless a valid reflection of what our legal system is capable of achieving, and there is a large constituency of the public who are not satisfied with that conclusion.
For my own part, I will simply state that the first step to repairing any damage is to understand how it was caused. A full inquiry may begin to shed the necessary light that will allow repairs to be effected. In the interests of accountability, and on behalf of the readers of The Firm, I ask you to let me have your response and proposals for action.
As a journalist, I constantly remind myself of the words of the great Edward R Murrow, who noted that just because my voice is amplified to the degree that it reaches from one end of the country to the other, it does not confer upon me greater wisdom or understanding than I possessed when it reached only from one end of the bar to the other. What my journalistic reach does impose upon me however, is a correspondingly amplified duty to use my free speech responsibly, and I therefore cannot in good conscience offer any voice to the readers of The Firm if I do not take forward their legitimate concerns and, where necessary, act upon them. If I felt otherwise, I should simply publish cartoons instead. Justice must be done, even tho’ the heavens may fall. If you and I cannot do our best to achieve that, then both of us are in the wrong jobs.
I, and those 86%, look forward to hearing from you.
The Firm magazine recently ran a poll of its readers, which found that 86% of respondents supported a public inquiry into the downing of Pan Am flight 103 over Lockerbie.
A copy of the news story which ran in the July issue of the Magazine is appended below for your reference, and a copy of the magazine is enclosed.
I can add that solicitors and advocates, in addition to the general public, have frequently and consistently expressed to me their despair at the damage that has been inflicted upon the law of Scotland by this case. No doubt you are already aware that the Scots legal system was once rightly regarded as among the best and most effective in the world. Regardless of its present efficacy, it is now regarded both domestically and (especially) internationally as an embarrassment, principally because of the damning reflection cast upon it by the passage of the Lockerbie case through it.
On behalf of the readers of The Firm – including over 10,000 solicitors and 500 or so advocates who wish to see the reputation of Scots law restored and be certain the legal system they work for and within is a source of pride to them, and not of shame- I am duty bound to ask for you to address their wishes for a public inquiry. Like them, it is my fervent wish that the legal system of Scotland, and those who work within it, can be certain that the law which is applied in their name is done so honourably and with full accountability, devoid of the stains and shadows that this case has thrown upon it.
The reason this case refuses to go away is simply because the answers provided by the judicial process have failed to satisfy the public interest on one hand, and those directly affected by these events on the other. Whilst one bad case cannot be fairly described as representative of all that goes on in Scots law, that one bad case is nevertheless a valid reflection of what our legal system is capable of achieving, and there is a large constituency of the public who are not satisfied with that conclusion.
For my own part, I will simply state that the first step to repairing any damage is to understand how it was caused. A full inquiry may begin to shed the necessary light that will allow repairs to be effected. In the interests of accountability, and on behalf of the readers of The Firm, I ask you to let me have your response and proposals for action.
As a journalist, I constantly remind myself of the words of the great Edward R Murrow, who noted that just because my voice is amplified to the degree that it reaches from one end of the country to the other, it does not confer upon me greater wisdom or understanding than I possessed when it reached only from one end of the bar to the other. What my journalistic reach does impose upon me however, is a correspondingly amplified duty to use my free speech responsibly, and I therefore cannot in good conscience offer any voice to the readers of The Firm if I do not take forward their legitimate concerns and, where necessary, act upon them. If I felt otherwise, I should simply publish cartoons instead. Justice must be done, even tho’ the heavens may fall. If you and I cannot do our best to achieve that, then both of us are in the wrong jobs.
I, and those 86%, look forward to hearing from you.
Tuesday, 14 July 2009
MacAskill to meet Lockerbie bomber
[This is the headline over a report published today on the website of the Aberdeen-based newspaper The Press and Journal. It reads in part:]
Justice Secretary Kenny MacAskill is to meet Lockerbie bomber Abdelbaset Ali Mohmed al Megrahi.
Libyan authorities have applied for 57-year-old al Megrahi, who has prostate cancer, to be moved to Libya under a prisoner-transfer treaty between Libya and the UK. Ministers received “formal notification” last Friday that al Megrahi wants to meet Mr MacAskill, a Scottish Government spokesman confirmed yesterday.
The spokesman added: “As part of the process the justice secretary has met UK relatives, he has linked up by video conference to Eric Holder, the US attorney general and the US relatives.
“He has also received a delegation from the Libyan government and will now meet Mr al Megrahi.”
No decision on the prisoner transfer can be made by Mr McAskill while al Megrahi pursues a second appeal against his conviction for the 1988 bombing.
The government is also to seek medical advice as to whether al Megrahi is fit to leave Greenock Prison where he is being held. His lawyer, Tony Kelly, said yesterday: “My client would welcome a meeting so that he can have the opportunity to put his case to Mr MacAskill.”
Although the meeting might not need to be staged in the prison, the lawyer said his client is “ill and in some considerable discomfort”.
Mr Kelly also declined to comment on weekend reports that al Megrahi has handed over a signed document to the Libyan Government agreeing to drop the appeal against his conviction if Mr MacAskill allows him home to Libya. (...)
Lib Dem justice spokesman Robert Brown said the move was unprecedented.
He said: “Nothing like this seems to have happened in the case of the Great Train Robber or the Moors Murders, for example. I fail to see what possible purpose this visit will serve.”
Justice Secretary Kenny MacAskill is to meet Lockerbie bomber Abdelbaset Ali Mohmed al Megrahi.
Libyan authorities have applied for 57-year-old al Megrahi, who has prostate cancer, to be moved to Libya under a prisoner-transfer treaty between Libya and the UK. Ministers received “formal notification” last Friday that al Megrahi wants to meet Mr MacAskill, a Scottish Government spokesman confirmed yesterday.
The spokesman added: “As part of the process the justice secretary has met UK relatives, he has linked up by video conference to Eric Holder, the US attorney general and the US relatives.
“He has also received a delegation from the Libyan government and will now meet Mr al Megrahi.”
No decision on the prisoner transfer can be made by Mr McAskill while al Megrahi pursues a second appeal against his conviction for the 1988 bombing.
The government is also to seek medical advice as to whether al Megrahi is fit to leave Greenock Prison where he is being held. His lawyer, Tony Kelly, said yesterday: “My client would welcome a meeting so that he can have the opportunity to put his case to Mr MacAskill.”
Although the meeting might not need to be staged in the prison, the lawyer said his client is “ill and in some considerable discomfort”.
Mr Kelly also declined to comment on weekend reports that al Megrahi has handed over a signed document to the Libyan Government agreeing to drop the appeal against his conviction if Mr MacAskill allows him home to Libya. (...)
Lib Dem justice spokesman Robert Brown said the move was unprecedented.
He said: “Nothing like this seems to have happened in the case of the Great Train Robber or the Moors Murders, for example. I fail to see what possible purpose this visit will serve.”
Monday, 13 July 2009
Justice, compassion, integrity
[What follows is the text of an article by Christine Grahame MSP in the Scottish edition of yesterday's Sunday Express. As far as I can discover, the article does not appear on the newspaper's website.]
He is the face of an atrocity which remains the worst act of terrorism ever perpetrated on UK soil, but soon, within a few months, the man convicted of the Lockerbie Pan Am 103 bombing will be dead. Abdelbaset Ali Mohmed Al Megrahi has advanced stage terminal prostate cancer. On the two occasions when I visited him at Greenock Prison his constant discomfort was clearly evident. For almost 10 years since his conviction he has fought relentlessly to clear his name, but his degenerative terminal illness has changed his focus. Now he is a man desperate to see his family before he dies.
When the UK Government learned of Megrahi’s imminent second appeal following a lengthy four year investigation by the Scottish Criminal Cases Review Commission which concluded there may have been a miscarriage of justice, Tony Blair hastily put in place a Prisoner Transfer Agreement with the Libyan Government. It was two years before that appeal began.
Many in the UK Government and elsewhere who do not want this second appeal by Mr Megrahi to go ahead. Why?
The reputation of the Scottish legal system would be on the line if Mr Megrahi were successful, yet with every week that goes by another significant piece of new evidence undermines the Crown’s case. There are professional reputations in the Scottish legal establishment and in the US that are being challenged here.
Robert Black, the highly respected Professor Emeritus of Scots Law at the University of Edinburgh who knows this case inside out has concluded: “I am satisfied that not only was there a wrongful conviction, but the victim of it was an innocent man. Lawyers, and I hope others, will appreciate this distinction.” That in itself is a serious indictment of the Scottish legal system.
Megrahi’s appeal has been plagued by delay and takes no account whatsoever of his terminal condition. Last Tuesday the Court of Appeal announced a further delay due to the ill health of one of the Appeal Judges, Lord Wheatley. This additional delay puts the process back a further four months at least. “Justice delayed is justice denied,” Megrahi’s defence lawyer said when the Court announcement was made. The latest hold-up ensures, beyond reasonable doubt that Megrahi will not live to see the end of the appeal process, regardless of what legal choices he makes in the next few weeks.
He has a very stark decision to make either continue with the appeal and at the point of his death a family member can take it forward to its conclusion on his behalf. This option means Megrahi will die in prison in an environment that senior prison officials have already told me are not suitable for a terminally ill man. Or alternatively he can abandon his appeal and hope that he is granted a Prisoner Transfer back to Libya, but this is by no means guaranteed.
There is however a third way; compassionate release to Libya which would allow him to die near to his close knit family, including his elderly parents and allow the appeal to proceed to a determination.
This can be granted unilaterally by the Cabinet Secretary for Justice and would reflect the principles of Scots law based on justice and compassion. This option is supported by legal experts and relatives of victims such as the redoubtable Dr Jim Swire who has campaigned tirelessly to expose the truth behind the bombing which claimed the life of his daughter Flora. Many are opposed to such a compromise of course, including a significant number, but not all, of the US relatives of Pan Am 103 as are senior officials in the Scottish Justice Department, some of whom built their careers on the Lockerbie case.
A Prisoner Transfer may be seen as conveniently ending the matter. That would be naïve. Such is the weight of fresh evidence indicating Megrahi’s innocence combined with significant doubt over the original material used to convict in the first place, that calls for a public inquiry are likely to increase and denying one, indefensible. It is vital that the truth is exposed, for all involved, and most particularly victims families. Compassionate release offers the only compromise which would exhaust due legal process, demonstrate compassion and prove the integrity of the Scottish judicial system. Justice, compassion, integrity, three words engraved on the Scottish Parliament’s Mace. Let’s hope and trust this nation lives up to them.
He is the face of an atrocity which remains the worst act of terrorism ever perpetrated on UK soil, but soon, within a few months, the man convicted of the Lockerbie Pan Am 103 bombing will be dead. Abdelbaset Ali Mohmed Al Megrahi has advanced stage terminal prostate cancer. On the two occasions when I visited him at Greenock Prison his constant discomfort was clearly evident. For almost 10 years since his conviction he has fought relentlessly to clear his name, but his degenerative terminal illness has changed his focus. Now he is a man desperate to see his family before he dies.
When the UK Government learned of Megrahi’s imminent second appeal following a lengthy four year investigation by the Scottish Criminal Cases Review Commission which concluded there may have been a miscarriage of justice, Tony Blair hastily put in place a Prisoner Transfer Agreement with the Libyan Government. It was two years before that appeal began.
Many in the UK Government and elsewhere who do not want this second appeal by Mr Megrahi to go ahead. Why?
The reputation of the Scottish legal system would be on the line if Mr Megrahi were successful, yet with every week that goes by another significant piece of new evidence undermines the Crown’s case. There are professional reputations in the Scottish legal establishment and in the US that are being challenged here.
Robert Black, the highly respected Professor Emeritus of Scots Law at the University of Edinburgh who knows this case inside out has concluded: “I am satisfied that not only was there a wrongful conviction, but the victim of it was an innocent man. Lawyers, and I hope others, will appreciate this distinction.” That in itself is a serious indictment of the Scottish legal system.
Megrahi’s appeal has been plagued by delay and takes no account whatsoever of his terminal condition. Last Tuesday the Court of Appeal announced a further delay due to the ill health of one of the Appeal Judges, Lord Wheatley. This additional delay puts the process back a further four months at least. “Justice delayed is justice denied,” Megrahi’s defence lawyer said when the Court announcement was made. The latest hold-up ensures, beyond reasonable doubt that Megrahi will not live to see the end of the appeal process, regardless of what legal choices he makes in the next few weeks.
He has a very stark decision to make either continue with the appeal and at the point of his death a family member can take it forward to its conclusion on his behalf. This option means Megrahi will die in prison in an environment that senior prison officials have already told me are not suitable for a terminally ill man. Or alternatively he can abandon his appeal and hope that he is granted a Prisoner Transfer back to Libya, but this is by no means guaranteed.
There is however a third way; compassionate release to Libya which would allow him to die near to his close knit family, including his elderly parents and allow the appeal to proceed to a determination.
This can be granted unilaterally by the Cabinet Secretary for Justice and would reflect the principles of Scots law based on justice and compassion. This option is supported by legal experts and relatives of victims such as the redoubtable Dr Jim Swire who has campaigned tirelessly to expose the truth behind the bombing which claimed the life of his daughter Flora. Many are opposed to such a compromise of course, including a significant number, but not all, of the US relatives of Pan Am 103 as are senior officials in the Scottish Justice Department, some of whom built their careers on the Lockerbie case.
A Prisoner Transfer may be seen as conveniently ending the matter. That would be naïve. Such is the weight of fresh evidence indicating Megrahi’s innocence combined with significant doubt over the original material used to convict in the first place, that calls for a public inquiry are likely to increase and denying one, indefensible. It is vital that the truth is exposed, for all involved, and most particularly victims families. Compassionate release offers the only compromise which would exhaust due legal process, demonstrate compassion and prove the integrity of the Scottish judicial system. Justice, compassion, integrity, three words engraved on the Scottish Parliament’s Mace. Let’s hope and trust this nation lives up to them.
MacAskill to meet Lockerbie bomber over jail transfer
Sunday, 12 July 2009
MacAskill in offer to meet Megrahi
Justice Secretary Kenny MacAskill has offered to meet the Lockerbie bomber in prison as he decides if the convicted mass murderer ought to be allowed home to Libya.
The Justice Minister has indicated he is willing to visit Abdelbaset Ali Mohmed al-Megrahi in HMP Greenock, where he is serving life for murdering 270 people killed when Pan Am Flight 103 exploded over Lockerbie 20 years ago.
The invitation has been extended by MacAskill at a time Libya is trying to exert diplomatic pressure on Britain to have the bomber repatriated.
The visit has been suggested by MacAskill as he carries out a consultation exercise with those involved in the case. He has met American and British relatives as well as Libyan Government officials.
A Scottish Justice Department spokeswoman said: "Mr MacAskill has offered to hear representations from Mr Megrahi. That offer only went this week, but it could be by letter or in person."
Megrahi's solicitor Tony Kelly said his client had not decided whether to take up the offer.
Yesterday it was reported Megrahi has signed a document agreeing to drop the appeal against his conviction if MacAskill allows him home to Libya. Megrahi was said to have handed the document to the Libyan Government, telling them not to hand it over until Scottish ministers have agreed to his transfer back home.
Kelly said: "I'm not going to say [anything] about the document at all. All I can say is that there is no impasse and I don't think that if the document exists, it would create an impasse." He claimed the correct chronology was for Scottish ministers to decide if the transfer should go ahead in principle before dealing with the conditions of the transfer.
Under the Prisoner Transfer Agreement between Britain and Libya, a move would only happen if Megrahi dropped his appeal. MacAskill is expected to decide in August if Megrahi should be returned.
If Megrahi leaves Scotland, there would be an outcry in the United States, where the overwhelming majority of the families of the 189 US victims believe he is guilty of the atrocity and should serve his sentence in a Scottish prison.
But the prospect of a MacAskill visit was welcomed by those who believe Megrahi has been the victim of a miscarriage of justice.
[From a report by Tom Peterkin in today's edition of Scotland on Sunday. The full text can be read here. The Sunday Times runs a similar report. It reads in part:
'[Kenny MacAskill's] decision to meet a convicted terrorist has provoked a backlash among American relatives of those who died in the 1988 bombing which killed 270 people. The justice secretary has said he wants to talk to all parties affected by the tragedy before deciding Megrahi’s fate.
'Bob Monetti, from New Jersey, whose 20-year-old son Rick was among the victims, accused MacAskill of giving the convicted murderer preferential treatment. “I don’t understand why they would treat this man as special compared to everyone else who has been convicted of murder,” he said.
'“Everyone seems to be bending over backwards to give him everything. The things that have been done for Megrahi treat him as though he were a person. I have a problem with that because, if he did the things he has been convicted of, he is not much of a person.”
'However, Jim Swire, the former GP whose 23-year-old daughter Flora died in the bombing, said the meeting was “an important and sensible step”, which he hopes will lead to Megrahi’s transfer or release. “As far as I’m concerned he is an innocent man dying in considerable pain,” he said. “It seems an unchristian and brutal punishment to keep him in prison away from his family.” (...)
'MacAskill’s meeting with Megrahi, agreed last week, is expected to take place at Greenock prison as early as this week.
'The Scottish government said: “We have received confirmation that Mr Megrahi does want to make representations to the cabinet secretary so we will take that forward. If we are asking anyone who can make relevant representations to do so, Mr MacAskill feels it would seem unfair if we didn’t hear representations from the man who this is all about.”
'Tony Kelly, Megrahi’s lawyer, said: “He has expressed a willingness to meet Mr MacAskill to make his position known.”
'A Cello MRUK poll for The Sunday Times last month inidicated that while 49% of Scots wanted Megrahi to remain in Scotland, 40% thought he should serve the rest of his sentence in Libya and 11% said he should be freed.' ]
The Justice Minister has indicated he is willing to visit Abdelbaset Ali Mohmed al-Megrahi in HMP Greenock, where he is serving life for murdering 270 people killed when Pan Am Flight 103 exploded over Lockerbie 20 years ago.
The invitation has been extended by MacAskill at a time Libya is trying to exert diplomatic pressure on Britain to have the bomber repatriated.
The visit has been suggested by MacAskill as he carries out a consultation exercise with those involved in the case. He has met American and British relatives as well as Libyan Government officials.
A Scottish Justice Department spokeswoman said: "Mr MacAskill has offered to hear representations from Mr Megrahi. That offer only went this week, but it could be by letter or in person."
Megrahi's solicitor Tony Kelly said his client had not decided whether to take up the offer.
Yesterday it was reported Megrahi has signed a document agreeing to drop the appeal against his conviction if MacAskill allows him home to Libya. Megrahi was said to have handed the document to the Libyan Government, telling them not to hand it over until Scottish ministers have agreed to his transfer back home.
Kelly said: "I'm not going to say [anything] about the document at all. All I can say is that there is no impasse and I don't think that if the document exists, it would create an impasse." He claimed the correct chronology was for Scottish ministers to decide if the transfer should go ahead in principle before dealing with the conditions of the transfer.
Under the Prisoner Transfer Agreement between Britain and Libya, a move would only happen if Megrahi dropped his appeal. MacAskill is expected to decide in August if Megrahi should be returned.
If Megrahi leaves Scotland, there would be an outcry in the United States, where the overwhelming majority of the families of the 189 US victims believe he is guilty of the atrocity and should serve his sentence in a Scottish prison.
But the prospect of a MacAskill visit was welcomed by those who believe Megrahi has been the victim of a miscarriage of justice.
[From a report by Tom Peterkin in today's edition of Scotland on Sunday. The full text can be read here. The Sunday Times runs a similar report. It reads in part:
'[Kenny MacAskill's] decision to meet a convicted terrorist has provoked a backlash among American relatives of those who died in the 1988 bombing which killed 270 people. The justice secretary has said he wants to talk to all parties affected by the tragedy before deciding Megrahi’s fate.
'Bob Monetti, from New Jersey, whose 20-year-old son Rick was among the victims, accused MacAskill of giving the convicted murderer preferential treatment. “I don’t understand why they would treat this man as special compared to everyone else who has been convicted of murder,” he said.
'“Everyone seems to be bending over backwards to give him everything. The things that have been done for Megrahi treat him as though he were a person. I have a problem with that because, if he did the things he has been convicted of, he is not much of a person.”
'However, Jim Swire, the former GP whose 23-year-old daughter Flora died in the bombing, said the meeting was “an important and sensible step”, which he hopes will lead to Megrahi’s transfer or release. “As far as I’m concerned he is an innocent man dying in considerable pain,” he said. “It seems an unchristian and brutal punishment to keep him in prison away from his family.” (...)
'MacAskill’s meeting with Megrahi, agreed last week, is expected to take place at Greenock prison as early as this week.
'The Scottish government said: “We have received confirmation that Mr Megrahi does want to make representations to the cabinet secretary so we will take that forward. If we are asking anyone who can make relevant representations to do so, Mr MacAskill feels it would seem unfair if we didn’t hear representations from the man who this is all about.”
'Tony Kelly, Megrahi’s lawyer, said: “He has expressed a willingness to meet Mr MacAskill to make his position known.”
'A Cello MRUK poll for The Sunday Times last month inidicated that while 49% of Scots wanted Megrahi to remain in Scotland, 40% thought he should serve the rest of his sentence in Libya and 11% said he should be freed.' ]
Saturday, 11 July 2009
Col Gadaffi lobbies Gordon Brown for Lockerbie bomber release
[The following are excerpts from a report under this headline in today's edition of The Daily Telegraph. It is of particular importance because of the reported comments of Abdelbaset Megrahi's solicitor, Tony Kelly, and because of the (belated) recognition by the Scottish Government Justice Department that compassionate release does not require an application to have been made by the prisoner concerned. The complete article can be read here.]
Muammar Gaddafi, the Libyan leader, has urged Gordon Brown to release the Lockerbie bomber from prison and allow him to return home.
Col Gadaffi made the plea at a meeting with the Prime Minister on the fringes of the G8 summit in L'Aquila, Italy.
Abdelbaset Ali Al Megrahi, the man convicted of the 1988 atrocity, is terminally ill with prostrate cancer.
Earlier this week it was revealed there is a "very real risk" he will die before his ongoing appeal against his conviction ends because of his deteriorating condition and further delays to the legal proceedings.
But Tony Kelly, Megrahi's solicitor, told The Daily Telegraph that the latest postpontment changes nothing, and did not mean his client would automatically drop his case. (...)
Col Gaddafi used his first meeting with Mr Brown to call for Megrahi to be returned home but aides said the Prime Minister told him that the case was "a matter for the Scottish government".
The Libyan government made an application under a prisoner transfer agreement two months ago to move Megrahi from Greenock Prison to the North African country.
This is currently being considered by Kenny MacAskill, the Scottish justice minister, who has held discussions with Libyan and US government officials, as well as victims' families.
However, Megrahi, 57, would have to drop all legal proceedings for a decision to be made, thereby losing his last chance to clear his name.
A further delay has been announced as one of judges hearing the case at the Court of Appeal in Edinburgh is recovering from heart surgery.
The case is not expected to resume until September, by which time Megrahi may have passed away.
However, Tony Kelly, Megrahi's solicitor, told The Daily Telegraph that the delay "does not change anything really".
He added that Mr MacAskill could unilaterally release his client on compassionate grounds, without an application being made by Megrahi or a third party.
A Scottish Executive spokesman said this was technically possible, but it was normal procedure for an application to be made.
Muammar Gaddafi, the Libyan leader, has urged Gordon Brown to release the Lockerbie bomber from prison and allow him to return home.
Col Gadaffi made the plea at a meeting with the Prime Minister on the fringes of the G8 summit in L'Aquila, Italy.
Abdelbaset Ali Al Megrahi, the man convicted of the 1988 atrocity, is terminally ill with prostrate cancer.
Earlier this week it was revealed there is a "very real risk" he will die before his ongoing appeal against his conviction ends because of his deteriorating condition and further delays to the legal proceedings.
But Tony Kelly, Megrahi's solicitor, told The Daily Telegraph that the latest postpontment changes nothing, and did not mean his client would automatically drop his case. (...)
Col Gaddafi used his first meeting with Mr Brown to call for Megrahi to be returned home but aides said the Prime Minister told him that the case was "a matter for the Scottish government".
The Libyan government made an application under a prisoner transfer agreement two months ago to move Megrahi from Greenock Prison to the North African country.
This is currently being considered by Kenny MacAskill, the Scottish justice minister, who has held discussions with Libyan and US government officials, as well as victims' families.
However, Megrahi, 57, would have to drop all legal proceedings for a decision to be made, thereby losing his last chance to clear his name.
A further delay has been announced as one of judges hearing the case at the Court of Appeal in Edinburgh is recovering from heart surgery.
The case is not expected to resume until September, by which time Megrahi may have passed away.
However, Tony Kelly, Megrahi's solicitor, told The Daily Telegraph that the delay "does not change anything really".
He added that Mr MacAskill could unilaterally release his client on compassionate grounds, without an application being made by Megrahi or a third party.
A Scottish Executive spokesman said this was technically possible, but it was normal procedure for an application to be made.
Megrahi to drop appeal if Libya transfer is agreed
The man convicted of the Lockerbie bombing has signed a secret document agreeing to drop legal proceedings if Scottish ministers allow him to return home to Tripoli.
Abdelbaset Ali Mohmed al Megrahi, who is appealing his conviction, has given the document to the Libyan government on the instruction that they cannot hand it over until Scottish ministers agree to his transfer.
His decision has led to an international political impasse as Kenny MacAskill, the Justice Secretary, cannot complete the transfer until Megrahi has dropped the appeal. Supporters are pushing for the "compassionate release" of Megrahi as a preferable alternative.
Legal experts say the minister could agree to such a move without an application from the Libyan, who is suffering terminal prostate cancer and whose condition has deteriorated.
There is confusion about how the prisoner transfer agreement works. One legal expert said that ministers have to give Megrahi a decision "in principle" before he drops proceedings, but officials say that is not the case.
Colonel Muammar Gaddafi urged Gordon Brown to allow the repatriation of Megrahi at the G8 summit in Italy. The UK and Libyan governments signed a prisoner transfer agreement earlier this year, and Mr MacAskill is consulting all of the parties concerned before making a decision.
[The above is the text of a report by Lucy Adams in today's edition of The Herald. This story has now been picked up by the Sunday Mail and the Sunday Express.]
Abdelbaset Ali Mohmed al Megrahi, who is appealing his conviction, has given the document to the Libyan government on the instruction that they cannot hand it over until Scottish ministers agree to his transfer.
His decision has led to an international political impasse as Kenny MacAskill, the Justice Secretary, cannot complete the transfer until Megrahi has dropped the appeal. Supporters are pushing for the "compassionate release" of Megrahi as a preferable alternative.
Legal experts say the minister could agree to such a move without an application from the Libyan, who is suffering terminal prostate cancer and whose condition has deteriorated.
There is confusion about how the prisoner transfer agreement works. One legal expert said that ministers have to give Megrahi a decision "in principle" before he drops proceedings, but officials say that is not the case.
Colonel Muammar Gaddafi urged Gordon Brown to allow the repatriation of Megrahi at the G8 summit in Italy. The UK and Libyan governments signed a prisoner transfer agreement earlier this year, and Mr MacAskill is consulting all of the parties concerned before making a decision.
[The above is the text of a report by Lucy Adams in today's edition of The Herald. This story has now been picked up by the Sunday Mail and the Sunday Express.]
Friday, 10 July 2009
Gaddafi demands return of Lockerbie bomber in first meeting with Brown
In his first face to face meeting with Gordon Brown, Muammar Gaddafi today demanded the return of the convicted Lockerbie bomber, Abdelbaset Ali Mohmed al-Megrahi.
The Libyan leader was told by the prime minister that it was a matter for the Scottish courts.
Gaddafi, wearing a flowing black and white silken robe and protected by female bodyguards, is at the G8 summit in Italy as the rotating president of the African Union. (...)
In a 40-minute meeting between the two leaders, conducted in Arabic and English, Brown insisted he could not intervene in the Megrahi case.
Scottish judges this week delayed completing an appeal into Megrahi's conviction until at least September, even though he has prostate cancer and faces a risk of dying in prison.
The bombing of flight Pan Am 103 over Lockerbie in 1988 killed 270 people on the aircraft and the ground.
Gaddafi's demand for the return of Megrahi was countered by Brown urging him to do more to cooperate with the Metropolitan police investigation into the shooting of WPC Yvonne Fletcher in 1984.
Her murder led to the severing of diplomatic ties between the two countries for a decade, but Gaddafi subsequently worked to improve relations with the west, so much so that Tony Blair went to Tripoli to meet him in 2004.
The Libyans have admitted responsibility for Fletcher's killing by embassy staff and have paid compensation, but Britain is complaining that Libya is not producing witnesses, meaning the inquiry has stalled for more than a year.
[From a report by Patrick Wintour on the website of The Guardian. There is a similar report on The Herald's website; and a shorter report on the BBC News website.]
The Libyan leader was told by the prime minister that it was a matter for the Scottish courts.
Gaddafi, wearing a flowing black and white silken robe and protected by female bodyguards, is at the G8 summit in Italy as the rotating president of the African Union. (...)
In a 40-minute meeting between the two leaders, conducted in Arabic and English, Brown insisted he could not intervene in the Megrahi case.
Scottish judges this week delayed completing an appeal into Megrahi's conviction until at least September, even though he has prostate cancer and faces a risk of dying in prison.
The bombing of flight Pan Am 103 over Lockerbie in 1988 killed 270 people on the aircraft and the ground.
Gaddafi's demand for the return of Megrahi was countered by Brown urging him to do more to cooperate with the Metropolitan police investigation into the shooting of WPC Yvonne Fletcher in 1984.
Her murder led to the severing of diplomatic ties between the two countries for a decade, but Gaddafi subsequently worked to improve relations with the west, so much so that Tony Blair went to Tripoli to meet him in 2004.
The Libyans have admitted responsibility for Fletcher's killing by embassy staff and have paid compensation, but Britain is complaining that Libya is not producing witnesses, meaning the inquiry has stalled for more than a year.
[From a report by Patrick Wintour on the website of The Guardian. There is a similar report on The Herald's website; and a shorter report on the BBC News website.]
Obama shakes hands with Gaddafi
Libyan leader Moammar Gaddafi, who former president Ronald Reagan once denounced as a "mad dog," supped on pasta just two seats away from President Obama at the Group of Eight summit today and even secured a handshake with the U.S. president. (...)
As Obama was shaking hands with Gaddafi, families of Pan Am 103 victims were gathered at the British Embassy in Washington and the British consulate in New York, speaking via video conference with Kenneth MacAskill, the Scottish justice secretary, and pleading that the convicted Lockerbie bomber not be returned to Libya.
Stephanie Bernstein of Bethesda, whose husband, Michael, was killed in the Pan Am bombing, said the video conference was a "wrenching" experience, as victims' families made heartfelt pleas that Abdelbaset Ali Mohmed al-Megrahi not be returned to Libya even though he is said to be suffering from prostate cancer. She said that Attorney General Eric H. Holder Jr. has supported the families' position, but the reports of Obama's handshake was a blow.
"I was shocked, absolutely dumbfounded," she said tonight. "I think it sent the wrong signal. This has undermined our efforts to make sure Megrahi is never released." If he is returned to Libya, she said, families believe he will be quickly freed from jail, rather than finish serving a sentence of at least 27 years. He was convicted in 2001.
Under a 2007 deal struck between Libya and former British Prime Minister Tony Blair, it is up to MacAskill and Scottish First Secretary Alex Salmond to decide whether Megrahi, 57, is returned to Libya to serve out his sentence. Salmond and MacAskill have insisted the decision will be made on "judicial" grounds, not political or economic concerns with the oil-rich country.
[From the website of The Washington Post. The complete report can be read here.
The New York Daily News also carries a report. The following are excerpts:]
President Obama and Libyan dictator Moammar Khadafy shook hands Thursday, infuriating families of victims in the 1988 bombing of Pan Am Flight 103 by Libyan intelligence agents. (...)
The encounter came as families who lost loved ones aboard the doomed plane met with officials in Washington and the British Consulate in Manhattan to protest the potential release of the lone terrorist convicted in the bombing.
Abdelbaset Ali Mohmed al Megrahi is jailed in Scotland. But he has prostate cancer and could be turned over to Khadafy.
"This thing with Obama happened on the same day that we spilled our guts to his own administration that this killer should not be released! I'm disgusted and disappointed. Obama sent the wrong message," said Stephanie Bernstein, 58, of Bethesda, Md., who lost her husband, Michael, 36, a lawyer who hunted Nazis for the Justice Department.
"I just hope this was a superficial 'hello and goodbye,' and not a show of support for a bad man who should have been taken out years ago," said Jack Flynn, 71, of Montville, N.J., who lost his son John Patrick, a 21-year-old student at Colgate.
"It will be a real horror show now if they release Megrahi," added Flynn, who broke down in a conversation with the Daily News. Both Bernstein and Flynn voted for Obama. Although Libya is no longer on the State Department list of terrorist nations, Khadafy is still hated for protecting Megrahi.
Flight 103, a Boeing 747, was en route from London's Heathrow Airport to JFK when it blew up over Lockerbie, Scotland. The terrorist bombing killed all 259 aboard and 11 on the ground.
As Obama was shaking hands with Gaddafi, families of Pan Am 103 victims were gathered at the British Embassy in Washington and the British consulate in New York, speaking via video conference with Kenneth MacAskill, the Scottish justice secretary, and pleading that the convicted Lockerbie bomber not be returned to Libya.
Stephanie Bernstein of Bethesda, whose husband, Michael, was killed in the Pan Am bombing, said the video conference was a "wrenching" experience, as victims' families made heartfelt pleas that Abdelbaset Ali Mohmed al-Megrahi not be returned to Libya even though he is said to be suffering from prostate cancer. She said that Attorney General Eric H. Holder Jr. has supported the families' position, but the reports of Obama's handshake was a blow.
"I was shocked, absolutely dumbfounded," she said tonight. "I think it sent the wrong signal. This has undermined our efforts to make sure Megrahi is never released." If he is returned to Libya, she said, families believe he will be quickly freed from jail, rather than finish serving a sentence of at least 27 years. He was convicted in 2001.
Under a 2007 deal struck between Libya and former British Prime Minister Tony Blair, it is up to MacAskill and Scottish First Secretary Alex Salmond to decide whether Megrahi, 57, is returned to Libya to serve out his sentence. Salmond and MacAskill have insisted the decision will be made on "judicial" grounds, not political or economic concerns with the oil-rich country.
[From the website of The Washington Post. The complete report can be read here.
The New York Daily News also carries a report. The following are excerpts:]
President Obama and Libyan dictator Moammar Khadafy shook hands Thursday, infuriating families of victims in the 1988 bombing of Pan Am Flight 103 by Libyan intelligence agents. (...)
The encounter came as families who lost loved ones aboard the doomed plane met with officials in Washington and the British Consulate in Manhattan to protest the potential release of the lone terrorist convicted in the bombing.
Abdelbaset Ali Mohmed al Megrahi is jailed in Scotland. But he has prostate cancer and could be turned over to Khadafy.
"This thing with Obama happened on the same day that we spilled our guts to his own administration that this killer should not be released! I'm disgusted and disappointed. Obama sent the wrong message," said Stephanie Bernstein, 58, of Bethesda, Md., who lost her husband, Michael, 36, a lawyer who hunted Nazis for the Justice Department.
"I just hope this was a superficial 'hello and goodbye,' and not a show of support for a bad man who should have been taken out years ago," said Jack Flynn, 71, of Montville, N.J., who lost his son John Patrick, a 21-year-old student at Colgate.
"It will be a real horror show now if they release Megrahi," added Flynn, who broke down in a conversation with the Daily News. Both Bernstein and Flynn voted for Obama. Although Libya is no longer on the State Department list of terrorist nations, Khadafy is still hated for protecting Megrahi.
Flight 103, a Boeing 747, was en route from London's Heathrow Airport to JFK when it blew up over Lockerbie, Scotland. The terrorist bombing killed all 259 aboard and 11 on the ground.
Thursday, 9 July 2009
Final session of appeal scheduled for February 2010
The appeal by dying former Libyan agent Abdel Basset al-Megrahi against his life sentence for the 1988 Lockerbie aircraft bombing, will not be decided until next year.
Lord Hamilton today told the Scottish Appeal Court at the end of a two-day procedural hearing that the final two substantive appeal sessions would run from November 2 to December 11, and January 12 to February 26, 2010.
A total of 270 people were killed when the Pan Am jumbo jet exploded over Lockerbie.
One of the five judges hearing the appeal is recovering from recent heart surgery and Lord Hamilton said this, combined with the pressure of other business on the court, meant it was not practical to hold earlier sessions.
The illness of Lord Wheatley has already meant a deferment in considering appeal arguments heard so far, and Megrahi's lawyer Maggie Scott expressed dismay at the delays.
Yesterday she said: "There is a very serious danger that my client will die before the case is determined."
She added his health "is deteriorating with a relentless onset of symptoms".
Megrahi, 57, has terminal prostate cancer and is currently in Greenock prison.
After a trial in a special Scottish court meeting in The Netherlands in 2001, he was sentenced to 27 years' in prison.
An appeal the following year was rejected, but a review gave the go-ahead in 2007 for a second appeal on the grounds that there may have been a miscarriage of justice.
In the first part of the appeal through May, his lawyers questioned whether the trial court had been correct in accepting evidence relating to his identification, the type of fuse in the bomb and how it was consigned to the Pan Am flight.
In the next hearings, legal sources said the appeal lawyers were expected to introduce fresh evidence and question the competence of his previous lawyers.
The Libyan and British governments signed a prisoner transfer agreement this year and Tripoli has sought Megrahi's return.
Scotland's Justice Minister Kenny MacAskill is currently consulting all parties concerned, including the US and Libyan governments and families of the victims of the bombing before deciding whether to accede to Libya's request.
[The above is the text of The Herald's report on the two-day procedural hearing that ended on Wednesday. The Reuters news agency report, as reproduced on the STV website, can be read here.
While the illness of one of the judges would inevitably cause a measure of delay, the Appeal Court's clear failure to take effective steps to minimise that delay is nothing short of disgraceful. Their Lordships should be utterly ashamed of themselves.]
Lord Hamilton today told the Scottish Appeal Court at the end of a two-day procedural hearing that the final two substantive appeal sessions would run from November 2 to December 11, and January 12 to February 26, 2010.
A total of 270 people were killed when the Pan Am jumbo jet exploded over Lockerbie.
One of the five judges hearing the appeal is recovering from recent heart surgery and Lord Hamilton said this, combined with the pressure of other business on the court, meant it was not practical to hold earlier sessions.
The illness of Lord Wheatley has already meant a deferment in considering appeal arguments heard so far, and Megrahi's lawyer Maggie Scott expressed dismay at the delays.
Yesterday she said: "There is a very serious danger that my client will die before the case is determined."
She added his health "is deteriorating with a relentless onset of symptoms".
Megrahi, 57, has terminal prostate cancer and is currently in Greenock prison.
After a trial in a special Scottish court meeting in The Netherlands in 2001, he was sentenced to 27 years' in prison.
An appeal the following year was rejected, but a review gave the go-ahead in 2007 for a second appeal on the grounds that there may have been a miscarriage of justice.
In the first part of the appeal through May, his lawyers questioned whether the trial court had been correct in accepting evidence relating to his identification, the type of fuse in the bomb and how it was consigned to the Pan Am flight.
In the next hearings, legal sources said the appeal lawyers were expected to introduce fresh evidence and question the competence of his previous lawyers.
The Libyan and British governments signed a prisoner transfer agreement this year and Tripoli has sought Megrahi's return.
Scotland's Justice Minister Kenny MacAskill is currently consulting all parties concerned, including the US and Libyan governments and families of the victims of the bombing before deciding whether to accede to Libya's request.
[The above is the text of The Herald's report on the two-day procedural hearing that ended on Wednesday. The Reuters news agency report, as reproduced on the STV website, can be read here.
While the illness of one of the judges would inevitably cause a measure of delay, the Appeal Court's clear failure to take effective steps to minimise that delay is nothing short of disgraceful. Their Lordships should be utterly ashamed of themselves.]
Tuesday, 7 July 2009
Lockerbie bomber could die before appeal outcome
[This is the headline over a report just published on The Scotsman's website. It reads as follows:]
The cancer-stricken Lockerbie bomber could die before a decision is made on his appeal after new delays in the case, his lawyer warned today.
It was revealed that one of the judges hearing Abdelbaset Ali Mohmed Al Megrahi's long-running appeal against conviction has had heart surgery.
Scotland's top judge, the Lord Justice General Lord Hamilton, told the High Court in Edinburgh that Lord Wheatley's recuperation may be "protracted" and it is thought he will not be fit to resume judicial duties until mid-September.
Lord Hamilton said the situation "complicates matters".
The court has already heard full submissions on two grounds of appeal, but the court will not now be able to give its decision on those grounds until the autumn.
Al Megrahi's QC, Margaret Scott, expressed dismay at the situation, but acknowledged it arose out of "unforeseen and unexpected" circumstances.
She told the court the defence wished to see a decision reached as soon as possible.
"My Lord will appreciate in this court justice delayed is justice denied," she said. "There is a very real risk my client will die before this appeal is adjudicated."
She added that it was difficult to conceive of "more pressing circumstances".
Al Megrahi was diagnosed with prostate cancer last year.
Ms Scott told the court that her client's health was deteriorating and he was experiencing a "relentless onset of symptoms".
[A somewhat more informative report has just been posted on the BBC News website. It can be read here.]
The cancer-stricken Lockerbie bomber could die before a decision is made on his appeal after new delays in the case, his lawyer warned today.
It was revealed that one of the judges hearing Abdelbaset Ali Mohmed Al Megrahi's long-running appeal against conviction has had heart surgery.
Scotland's top judge, the Lord Justice General Lord Hamilton, told the High Court in Edinburgh that Lord Wheatley's recuperation may be "protracted" and it is thought he will not be fit to resume judicial duties until mid-September.
Lord Hamilton said the situation "complicates matters".
The court has already heard full submissions on two grounds of appeal, but the court will not now be able to give its decision on those grounds until the autumn.
Al Megrahi's QC, Margaret Scott, expressed dismay at the situation, but acknowledged it arose out of "unforeseen and unexpected" circumstances.
She told the court the defence wished to see a decision reached as soon as possible.
"My Lord will appreciate in this court justice delayed is justice denied," she said. "There is a very real risk my client will die before this appeal is adjudicated."
She added that it was difficult to conceive of "more pressing circumstances".
Al Megrahi was diagnosed with prostate cancer last year.
Ms Scott told the court that her client's health was deteriorating and he was experiencing a "relentless onset of symptoms".
[A somewhat more informative report has just been posted on the BBC News website. It can be read here.]
Monday, 6 July 2009
Lockerbie bomber move discussed
[This is the headline over a story on the BBC News website. It reads in part:]
Justice Secretary Kenny MacAskill has met Libyan government officials to discuss their bid to have the Lockerbie bomber transferred from Scotland.
He has already met some UK relatives of those who died in the bombing and spoken to the US attorney general.
Libyan authorities applied two months ago to move Abdelbaset Ali al-Megrahi from Greenock Prison to a Libyan jail.
The Scottish Government said the talks were part of the "ongoing process" of considering that application.
A spokesman also revealed that Mr MacAskill will listen to representations from US victims' families later this week.
Last month Mr MacAskill stressed that he wanted to have all the relevant information before making a decision on the application. (...)
The prisoner transfer application was received early in May, and a decision would normally be made within 90 days - although this could take longer if further information is required.
[The full text can be read here. Further relevant reports are to be found in The Scotsman and The Times. The report in The Times contains, with regard to the possibility of compassionate release, rather than prisoner transfer, the following sentence:
"A Scottish government spokeswoman said that al-Megrahi's legal team had not submitted a request for his release on compassionate grounds."
If the Scottish Government Justice Department believes that the Justice Secretary cannot consider or grant compassionate release without an application by the prisoner (and a recent letter to me from an official of the Department adopts the same stance) it is seriously in error in law. The relevant statutory provision contains no such requirement. It provides (Prisoners and Criminal Proceedings (Scotland) Act 1993 (c 9), section 3):
'Power to release prisoners on compassionate grounds
'(1) The [Scottish Ministers] may at any time, if satisfied that there are compassionate grounds justifying the release of a person serving a sentence of imprisonment, release him on licence.
'(2) Before so releasing any long-term prisoner or any life prisoner, the [Scottish Ministers] shall consult the Parole Board unless the circumstances are such as to render consultation impracticable.']
Justice Secretary Kenny MacAskill has met Libyan government officials to discuss their bid to have the Lockerbie bomber transferred from Scotland.
He has already met some UK relatives of those who died in the bombing and spoken to the US attorney general.
Libyan authorities applied two months ago to move Abdelbaset Ali al-Megrahi from Greenock Prison to a Libyan jail.
The Scottish Government said the talks were part of the "ongoing process" of considering that application.
A spokesman also revealed that Mr MacAskill will listen to representations from US victims' families later this week.
Last month Mr MacAskill stressed that he wanted to have all the relevant information before making a decision on the application. (...)
The prisoner transfer application was received early in May, and a decision would normally be made within 90 days - although this could take longer if further information is required.
[The full text can be read here. Further relevant reports are to be found in The Scotsman and The Times. The report in The Times contains, with regard to the possibility of compassionate release, rather than prisoner transfer, the following sentence:
"A Scottish government spokeswoman said that al-Megrahi's legal team had not submitted a request for his release on compassionate grounds."
If the Scottish Government Justice Department believes that the Justice Secretary cannot consider or grant compassionate release without an application by the prisoner (and a recent letter to me from an official of the Department adopts the same stance) it is seriously in error in law. The relevant statutory provision contains no such requirement. It provides (Prisoners and Criminal Proceedings (Scotland) Act 1993 (c 9), section 3):
'Power to release prisoners on compassionate grounds
'(1) The [Scottish Ministers] may at any time, if satisfied that there are compassionate grounds justifying the release of a person serving a sentence of imprisonment, release him on licence.
'(2) Before so releasing any long-term prisoner or any life prisoner, the [Scottish Ministers] shall consult the Parole Board unless the circumstances are such as to render consultation impracticable.']
Sunday, 5 July 2009
Thirteenth procedural hearing
A procedural hearing in the current appeal by Abdelbaset Megrahi has been scheduled for the four days commencing Tuesday, 7 July. Here is what the Lord Justice General, Lord Hamilton, said at the close of the first tranche of the appeal on 19 May:
'The court is much obliged to counsel on either hand for the careful and comprehensive submissions which have been made at this stage of the appeal. We will now, of course, require to give these submissions detailed and careful consideration. A question will arise as to whether it is appropriate to decide grounds 1 and 2 [insufficient evidence in law; unreasonableness of the verdict on that evidence] at this stage or, alternatively, to defer that decision until we have heard argument on other grounds, which are or may be closely related to them.
'We appreciate that having regard to, among other things, the appellant's state of health there will be concern that we deal with these matters as expeditiously as possible. But having regard to their importance to all concerned, we cannot and must not rush to judgment.
'Time has been set aside towards the end of this term for a procedural hearing in relation to further grounds of appeal. And in terms of the interlocutor of 18 March of this year, days were set aside in the week commencing 29 June for that purpose. For reasons which it is not necessary to go into, we intend to change that date or dates to dates in the week following that, that is the week commencing 6 July. We expect that by that time we will have reached a decision as to whether or not we should decide grounds 1 and 2 at this stage and to be able to intimate which course of action, either deciding them at this stage or deferring them, we have decided upon.
'But [at] this time, we shall simply continue the appeal to the first of the dates which are now substituted for the procedural matters which we have referred to, that is to Tuesday 7 July of this year.'
'The court is much obliged to counsel on either hand for the careful and comprehensive submissions which have been made at this stage of the appeal. We will now, of course, require to give these submissions detailed and careful consideration. A question will arise as to whether it is appropriate to decide grounds 1 and 2 [insufficient evidence in law; unreasonableness of the verdict on that evidence] at this stage or, alternatively, to defer that decision until we have heard argument on other grounds, which are or may be closely related to them.
'We appreciate that having regard to, among other things, the appellant's state of health there will be concern that we deal with these matters as expeditiously as possible. But having regard to their importance to all concerned, we cannot and must not rush to judgment.
'Time has been set aside towards the end of this term for a procedural hearing in relation to further grounds of appeal. And in terms of the interlocutor of 18 March of this year, days were set aside in the week commencing 29 June for that purpose. For reasons which it is not necessary to go into, we intend to change that date or dates to dates in the week following that, that is the week commencing 6 July. We expect that by that time we will have reached a decision as to whether or not we should decide grounds 1 and 2 at this stage and to be able to intimate which course of action, either deciding them at this stage or deferring them, we have decided upon.
'But [at] this time, we shall simply continue the appeal to the first of the dates which are now substituted for the procedural matters which we have referred to, that is to Tuesday 7 July of this year.'
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