Dr Jim Swire has suggested that it would be useful to have a link on this blog to the Dutch television documentary directed by Gideon Levy that was broadcast in Europe in April (and had a by-invitation-only showing in the Scottish Parliament). I am happy to oblige. The film can be watched here.
At the suggestion of a reader, I am also posting here a link to Allan Francovich's 1994 film The Maltese Double Cross. The audio and visual quality is not high.
Wednesday, 5 August 2009
Scotland considers freeing Lockerbie bomber on compassionate grounds
The Libyan jailed for the Lockerbie bombing could be released soon on compassionate grounds after Scottish ministers were told his prostate cancer is at a terminal stage.
The Scottish justice minister, Kenny Macaskill, has been given "compelling" new medical reports that show Abdelbaset Ali Mohmed al-Megrahi's prostate cancer has significantly worsened over the last few weeks and is in its final stages.
Macaskill took the unprecedented step of visiting Megrahi – who was jailed in 2001 for a minimum of 25 years for bombing Pam Am flight 103 in December 1988 – at Greenock prison earlier today after the Libyan government made two formal requests for his early release. (...)
It is thought that Megrahi pleaded to be allowed to die at home in Libya when he met Macaskill today. The minister would not comment after leaving the prison this morning and Megrahi's lawyer, Tony Kelly, who was present at the meeting, refused to discuss the case.
Sources have indicated that Megrahi's release on compassionate grounds is the first option being considered by Macaskill, with a decision expected before the end of this month.
Christine Grahame, the Scottish National party MSP for South of Scotland, who visited Megrahi in prison recently, said she believed the medical case for his compassionate release had become very powerful. "He's not responding well to chemotherapy," she said. "He's in the terminal stages and the prognosis is in terms of months or extended weeks; certainly not into next year. That man is desperate to be home."
Sending Megrahi to continue his sentence in a Libyan jail under the prisoner transfer agreement would require the former Libyan sanctions buster to drop his appeal – a move he is thought to be resisting. Backed by many relatives of the British victims and senior Scottish legal figures, Megrahi has insisted he is innocent of the bombing – a claim disputed by the US authorities, the CIA and American relatives of the dead.
If it continues, his appeal will hear new evidence that casts significant doubt on the reliability and accuracy of a Maltese shopkeeper who was the lead witness, the conduct of Scottish detectives and scientific evidence about the bombing.
The Scottish government is under intense diplomatic pressure from the US government to keep Megrahi in prison. The US state department and its attorney general, Eric Holder, have formally opposed the Libyan applications.
Macaskill said he recently had a "pretty difficult" video conference with US relatives who reject Megrahi's claim that he is innocent and believe he should die in prison.
Sources have indicated that Megrahi's rapidly worsening condition makes it more difficult to argue against his release on compassionate grounds, but it poses a different dilemma for Macaskill.
His compassionate release would allow him to continue his appeal and for the appeal to be heard after his death. If the appeal succeeds, the Scottish legal system and police would face intense criticism and embarrassing claims that Megrahi was deliberately framed for the bombing.
Grahame said: "It would be much more damaging for the Scottish judicial system if the appeal didn't continue but the material later came out in the public domain which showed there was a miscarriage of justice."
[From a report by Scotland correspondent Severin Carrell on the website of The Guardian.]
The Scottish justice minister, Kenny Macaskill, has been given "compelling" new medical reports that show Abdelbaset Ali Mohmed al-Megrahi's prostate cancer has significantly worsened over the last few weeks and is in its final stages.
Macaskill took the unprecedented step of visiting Megrahi – who was jailed in 2001 for a minimum of 25 years for bombing Pam Am flight 103 in December 1988 – at Greenock prison earlier today after the Libyan government made two formal requests for his early release. (...)
It is thought that Megrahi pleaded to be allowed to die at home in Libya when he met Macaskill today. The minister would not comment after leaving the prison this morning and Megrahi's lawyer, Tony Kelly, who was present at the meeting, refused to discuss the case.
Sources have indicated that Megrahi's release on compassionate grounds is the first option being considered by Macaskill, with a decision expected before the end of this month.
Christine Grahame, the Scottish National party MSP for South of Scotland, who visited Megrahi in prison recently, said she believed the medical case for his compassionate release had become very powerful. "He's not responding well to chemotherapy," she said. "He's in the terminal stages and the prognosis is in terms of months or extended weeks; certainly not into next year. That man is desperate to be home."
Sending Megrahi to continue his sentence in a Libyan jail under the prisoner transfer agreement would require the former Libyan sanctions buster to drop his appeal – a move he is thought to be resisting. Backed by many relatives of the British victims and senior Scottish legal figures, Megrahi has insisted he is innocent of the bombing – a claim disputed by the US authorities, the CIA and American relatives of the dead.
If it continues, his appeal will hear new evidence that casts significant doubt on the reliability and accuracy of a Maltese shopkeeper who was the lead witness, the conduct of Scottish detectives and scientific evidence about the bombing.
The Scottish government is under intense diplomatic pressure from the US government to keep Megrahi in prison. The US state department and its attorney general, Eric Holder, have formally opposed the Libyan applications.
Macaskill said he recently had a "pretty difficult" video conference with US relatives who reject Megrahi's claim that he is innocent and believe he should die in prison.
Sources have indicated that Megrahi's rapidly worsening condition makes it more difficult to argue against his release on compassionate grounds, but it poses a different dilemma for Macaskill.
His compassionate release would allow him to continue his appeal and for the appeal to be heard after his death. If the appeal succeeds, the Scottish legal system and police would face intense criticism and embarrassing claims that Megrahi was deliberately framed for the bombing.
Grahame said: "It would be much more damaging for the Scottish judicial system if the appeal didn't continue but the material later came out in the public domain which showed there was a miscarriage of justice."
[From a report by Scotland correspondent Severin Carrell on the website of The Guardian.]
Lockerbie families' anger as bomber al-Megrahi gets ministerial visit
Lockerbie victim families expressed anger today after the Scottish Justice Secretary made an unprecedented visit to the bomber in prison as speculation grew that he could be returned to Libya.
Kenny MacAskill met with Abdel Basset Ali al-Megrahi, 57, at Greenock Prison, as part of ongoing deliberations about his future. It is thought to be the first time a senior Holyrood minister has visited a convicted killer in jail.
In May, Libyan authorities applied for al-Megrahi's repatriation under the terms of a controversial prisoner transfer deal agreed by Tripoli and the UK. That request was followed last week by a separate application for al-Megrahi's release on compassionate grounds. He is suffering from prostate cancer and his condition is now said to be terminal. (...)
Supporters are hoping the Libyan will be granted compassionate release in order to allow the continuation of his latest attempt to clear his name. The Scottish Criminal Cases Review Commission referred his case back to court two years ago on six points that may have constituted a miscarriage of justice. The first stage of the appeal has already been heard in Edinburgh, but no ruling is expected until the autumn as one of the judges presiding over the case has had to undergo heart surgery.
Pursuing a prisoner transfer, on the other hand, would force al-Megrahi to abandon his appeal. The terms of the deal permit deliberations, but forbid a final decision on the request while legal proceedings are taking place. Reports yesterday suggested that al-Megrahi is now moving towards agreeing to drop the appeal, clearing the way for him to serve the rest of his sentence in Libya. (...)
American victims' families are thought to be considering a judicial appeal if Scotland agrees to a prisoner transfer.
Kathleen Flynn, from New Jersey, who lost her son JP in the atrocity, said: "When are we going to come to the conclusion that what happened happened and we're going to punish the people who did it?
"My feeling is that when someone has committed a crime as serious as his, why would you decide he should go someplace else? He should be punished in the country that he performed the crime in."
Mrs Flynn also dismissed claims that the Libyan's health is deteriorating.
"My husband had prostate cancer," she said. "He had it 10 years ago and he is still alive and well 10 years later."
Christine Grahame, the SNP MSP for the South of Scotland, who visited al-Megrahi in jail in June, argued that the Libyan should be given compassionate release.
"The trouble with a prisoner transfer is it will never be resolved through the Scottish courts," she said.
"The appeal must proceed and justice be done and seen to be done."
She also rejected suggestions that Mr MacAskill's visit set a "dangerous precedent."
She added: "I think it's appropriate that when someone's considering what's to happen to someone who's terminally ill and in prison that all aspects are examined."
[From a report just posted on the website of The Times.]
Kenny MacAskill met with Abdel Basset Ali al-Megrahi, 57, at Greenock Prison, as part of ongoing deliberations about his future. It is thought to be the first time a senior Holyrood minister has visited a convicted killer in jail.
In May, Libyan authorities applied for al-Megrahi's repatriation under the terms of a controversial prisoner transfer deal agreed by Tripoli and the UK. That request was followed last week by a separate application for al-Megrahi's release on compassionate grounds. He is suffering from prostate cancer and his condition is now said to be terminal. (...)
Supporters are hoping the Libyan will be granted compassionate release in order to allow the continuation of his latest attempt to clear his name. The Scottish Criminal Cases Review Commission referred his case back to court two years ago on six points that may have constituted a miscarriage of justice. The first stage of the appeal has already been heard in Edinburgh, but no ruling is expected until the autumn as one of the judges presiding over the case has had to undergo heart surgery.
Pursuing a prisoner transfer, on the other hand, would force al-Megrahi to abandon his appeal. The terms of the deal permit deliberations, but forbid a final decision on the request while legal proceedings are taking place. Reports yesterday suggested that al-Megrahi is now moving towards agreeing to drop the appeal, clearing the way for him to serve the rest of his sentence in Libya. (...)
American victims' families are thought to be considering a judicial appeal if Scotland agrees to a prisoner transfer.
Kathleen Flynn, from New Jersey, who lost her son JP in the atrocity, said: "When are we going to come to the conclusion that what happened happened and we're going to punish the people who did it?
"My feeling is that when someone has committed a crime as serious as his, why would you decide he should go someplace else? He should be punished in the country that he performed the crime in."
Mrs Flynn also dismissed claims that the Libyan's health is deteriorating.
"My husband had prostate cancer," she said. "He had it 10 years ago and he is still alive and well 10 years later."
Christine Grahame, the SNP MSP for the South of Scotland, who visited al-Megrahi in jail in June, argued that the Libyan should be given compassionate release.
"The trouble with a prisoner transfer is it will never be resolved through the Scottish courts," she said.
"The appeal must proceed and justice be done and seen to be done."
She also rejected suggestions that Mr MacAskill's visit set a "dangerous precedent."
She added: "I think it's appropriate that when someone's considering what's to happen to someone who's terminally ill and in prison that all aspects are examined."
[From a report just posted on the website of The Times.]
Minister talks to Lockerbie bomber
Scottish Justice Secretary Kenny MacAskill has met the Lockerbie bomber in prison as he considered a request for him to be transferred to Libya.
Abdelbaset Ali Mohmed Al Megrahi has terminal prostate cancer and has also lodged a separate application for compassionate release.
The pair met in Greenock prison where Megrahi is serving a life sentence for his 2001 conviction for blowing up Pan Am flight 103 in December 1988, which left 270 people dead.
Mr MacAskill, who has the final say over whether Megrahi should be transferred or released, arrived in his ministerial car at 9am and left an hour later, making no comment.
Megrahi's lawyer Tony Kelly also took part in the visit but made no comment as he left the jail just after 10am.
The Libyan authorities have asked for Megrahi to be moved to a jail in his homeland under the recently agreed prisoner transfer agreement.
Mr MacAskill cannot grant the prisoner a transfer while his appeal against his conviction for the bombing goes through the courts. However, the Justice Secretary can still consider the application from Libya.
Megrahi has also made a separate appeal for release on compassionate grounds as he has terminal cancer. He would not have to drop his appeal for this to be granted, unlike the prisoner transfer option.
Mr MacAskill has said that political and economic factors will not influence his decision and that a 90-day deadline on the prisoner transfer will not be met.
The minister has spoken to the US Attorney General and the US and British families of the Lockerbie bomb victims.
[This is the text of a report from the Press Association news agency. It can be accessed here.]
Abdelbaset Ali Mohmed Al Megrahi has terminal prostate cancer and has also lodged a separate application for compassionate release.
The pair met in Greenock prison where Megrahi is serving a life sentence for his 2001 conviction for blowing up Pan Am flight 103 in December 1988, which left 270 people dead.
Mr MacAskill, who has the final say over whether Megrahi should be transferred or released, arrived in his ministerial car at 9am and left an hour later, making no comment.
Megrahi's lawyer Tony Kelly also took part in the visit but made no comment as he left the jail just after 10am.
The Libyan authorities have asked for Megrahi to be moved to a jail in his homeland under the recently agreed prisoner transfer agreement.
Mr MacAskill cannot grant the prisoner a transfer while his appeal against his conviction for the bombing goes through the courts. However, the Justice Secretary can still consider the application from Libya.
Megrahi has also made a separate appeal for release on compassionate grounds as he has terminal cancer. He would not have to drop his appeal for this to be granted, unlike the prisoner transfer option.
Mr MacAskill has said that political and economic factors will not influence his decision and that a 90-day deadline on the prisoner transfer will not be met.
The minister has spoken to the US Attorney General and the US and British families of the Lockerbie bomb victims.
[This is the text of a report from the Press Association news agency. It can be accessed here.]
Lockerbie bomber could be free in days as Justice Minister prepares for face-to-face meeting
[This is the headline over a story by Tom Hamilton in today's edition of the Daily Record, one of Scotland's largest-circulation tabloids. It reads in part:]
The Lockerbie bomber could be freed and flown home within days.
Justice Minister Kenny MacAskill will meet dying Abdelbaset Ali Mohmed al-Megrahi, 57, in his cell at Greenock Prison today.
He will then make a decision on whether to repatriate the Libyan, who has advanced prostate cancer, on "compassionate grounds".
If MacAskill recommends Megrahi's release he will be flown to Tripoli within a week, the Record understands from senior legal and diplomatic sources. (...)
Megrahi's outstanding appeal - his second - has been delayed, most recently after one of five judges hearing the case underwent heart surgery - postponing a possible outcome for months.
Megrahi was granted the new appeal more than two years ago on six different points suggesting his conviction may have been a miscarriage of justice. Even if he wins, the relatives of the 189 US victims - many of whom believe he is guilty - may demand a judicial review causing even more delays which he may not survive.
In another bid to free him, Libya applied for the transfer of Megrahi, a married dad-of-five, in May this year.
That followed a 2007 agreement between ex-PM Tony Blair and Colonel Gaddafi. But for a 'prisoner transfer' to happen Megrahi would have to drop his appeal, effectively admitting he is guilty.
His third option for freedom rests with the compassionate appeal to Scottish ministers. If granted, that would allow him to return home without dropping the appeal of abandoning any legal processes. (...)
MacAskill has been examining the compassionate case in recent days since it was lodged by Megrahi last month.
There is now a growing feeling that Megrahi will be allowed his freedom.
South of Scotland MSP Christine Grahame, who has also met Megrahi twice in recent months, said Scottish Prison Service officials have admitted they have no accommodation to manage him.
She added: "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 says if Megrahi dies in prison and is later cleared on appeal, the Scottish justice system would be condemned for having "failed so dramatically".
Margaret Scott, Megrahi's QC, recently told judges his health is deteriorating and he is experiencing a "relentless onset of symptoms".
[There is also a report on the BBC News website on today's forthcoming visit by the Cabinet Secretary for Justice. It can be read here.]
The Lockerbie bomber could be freed and flown home within days.
Justice Minister Kenny MacAskill will meet dying Abdelbaset Ali Mohmed al-Megrahi, 57, in his cell at Greenock Prison today.
He will then make a decision on whether to repatriate the Libyan, who has advanced prostate cancer, on "compassionate grounds".
If MacAskill recommends Megrahi's release he will be flown to Tripoli within a week, the Record understands from senior legal and diplomatic sources. (...)
Megrahi's outstanding appeal - his second - has been delayed, most recently after one of five judges hearing the case underwent heart surgery - postponing a possible outcome for months.
Megrahi was granted the new appeal more than two years ago on six different points suggesting his conviction may have been a miscarriage of justice. Even if he wins, the relatives of the 189 US victims - many of whom believe he is guilty - may demand a judicial review causing even more delays which he may not survive.
In another bid to free him, Libya applied for the transfer of Megrahi, a married dad-of-five, in May this year.
That followed a 2007 agreement between ex-PM Tony Blair and Colonel Gaddafi. But for a 'prisoner transfer' to happen Megrahi would have to drop his appeal, effectively admitting he is guilty.
His third option for freedom rests with the compassionate appeal to Scottish ministers. If granted, that would allow him to return home without dropping the appeal of abandoning any legal processes. (...)
MacAskill has been examining the compassionate case in recent days since it was lodged by Megrahi last month.
There is now a growing feeling that Megrahi will be allowed his freedom.
South of Scotland MSP Christine Grahame, who has also met Megrahi twice in recent months, said Scottish Prison Service officials have admitted they have no accommodation to manage him.
She added: "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 says if Megrahi dies in prison and is later cleared on appeal, the Scottish justice system would be condemned for having "failed so dramatically".
Margaret Scott, Megrahi's QC, recently told judges his health is deteriorating and he is experiencing a "relentless onset of symptoms".
[There is also a report on the BBC News website on today's forthcoming visit by the Cabinet Secretary for Justice. It can be read here.]
Monday, 3 August 2009
Megrahi taken to hospital
A usually reliable source informs me that Abdelbaset Megrahi was rushed from HMP Greenock to Inverclyde Royal Hospital at 08.00 this morning.
The BBC News website now has a report [timed 11.16] about the hospital visit. This report states that the visit was a planned one. It reads in part:
'The man convicted of the Lockerbie bombing has returned to Greenock Prison after a planned visit to hospital.
'It is understood Abdelbasset Ali al-Megrahi had an X-ray during a short stay of less than an hour at the Inverclyde Royal Hospital. (...)
'[In connection with the prisoner transfer and compassionate release applications] Justice Secretary Kenny MacAskill is to visit Megrahi in his cell on Wednesday.'
The BBC News website now has a report [timed 11.16] about the hospital visit. This report states that the visit was a planned one. It reads in part:
'The man convicted of the Lockerbie bombing has returned to Greenock Prison after a planned visit to hospital.
'It is understood Abdelbasset Ali al-Megrahi had an X-ray during a short stay of less than an hour at the Inverclyde Royal Hospital. (...)
'[In connection with the prisoner transfer and compassionate release applications] Justice Secretary Kenny MacAskill is to visit Megrahi in his cell on Wednesday.'
Friday, 31 July 2009
Megrahi deadline will be missed
[This is the headline over a report on the BBC News website. It reads in part:]
A 90-day deadline to decide the prison transfer request of the man convicted of the Lockerbie bombing will not be met by the Scottish Government.
Justice Secretary Kenny MacAskill told BBC Radio Scotland he needed more information before reaching a decision.
However, he stressed that the final outcome would not be affected by "political or economic" factors.
An application was received in May to let Abdelbaset Ali al-Megrahi complete his sentence in a Libyan jail.
Mr MacAskill is currently considering the transfer request as well as an application for release on compassionate grounds by the Libyan.
He told BBC Radio Scotland's Morning Extra programme: "There's a 90-day timescale within the PTA (prisoner transfer agreement) and that's due to end shortly.
"I won't be able to meet it precisely because of information still to come in and I will have to reflect upon what happens.
"But I will thereafter be seeking to act as expeditiously as possible and I think I will seek if I can to deal with questions of prisoner transfer and compassion together."
Mr MacAskill has spoken with the US Attorney General, the US families and British families of victims.
He will also meet with Megrahi next week and said today that his final decision will be taken on a variety of factors. (...)
Megrahi is currently appealing against his conviction and Mr MacAskill cannot grant a transfer while this is outstanding in the courts.
However, the justice secretary is able to consider the application from Libya and could refuse the transfer while the appeal is running.
It emerged earlier this month that no decision on the appeal against conviction will be reached until the autumn, after one of the judges involved underwent heart surgery.
[The Morning Extra programme on which Mr MacAskill was speaking was broadcast starting at 09.00, one hour after the publication of the previous post on this blog.
The two Scottish "heavy" newspapers cover the matter in their editions of 1 August. The Herald's report can be read here; and The Scotsman's here.]
A 90-day deadline to decide the prison transfer request of the man convicted of the Lockerbie bombing will not be met by the Scottish Government.
Justice Secretary Kenny MacAskill told BBC Radio Scotland he needed more information before reaching a decision.
However, he stressed that the final outcome would not be affected by "political or economic" factors.
An application was received in May to let Abdelbaset Ali al-Megrahi complete his sentence in a Libyan jail.
Mr MacAskill is currently considering the transfer request as well as an application for release on compassionate grounds by the Libyan.
He told BBC Radio Scotland's Morning Extra programme: "There's a 90-day timescale within the PTA (prisoner transfer agreement) and that's due to end shortly.
"I won't be able to meet it precisely because of information still to come in and I will have to reflect upon what happens.
"But I will thereafter be seeking to act as expeditiously as possible and I think I will seek if I can to deal with questions of prisoner transfer and compassion together."
Mr MacAskill has spoken with the US Attorney General, the US families and British families of victims.
He will also meet with Megrahi next week and said today that his final decision will be taken on a variety of factors. (...)
Megrahi is currently appealing against his conviction and Mr MacAskill cannot grant a transfer while this is outstanding in the courts.
However, the justice secretary is able to consider the application from Libya and could refuse the transfer while the appeal is running.
It emerged earlier this month that no decision on the appeal against conviction will be reached until the autumn, after one of the judges involved underwent heart surgery.
[The Morning Extra programme on which Mr MacAskill was speaking was broadcast starting at 09.00, one hour after the publication of the previous post on this blog.
The two Scottish "heavy" newspapers cover the matter in their editions of 1 August. The Herald's report can be read here; and The Scotsman's here.]
Justice Secretary's visit to Megrahi
It was announced more than two weeks ago that Kenny MacAskill, the Cabinet Secretary for Justice, was to meet Abdelbaset Megrahi in the context of the Libyan Government's application for his repatriation under the Libya-UK prisoner transfer agreement. Presumably such a meeting would also be relevant to the application for compassionate release that has also now been lodged.
No such meeting has as yet taken place. The 90 day period within which, according to the prisoner transfer agreement, a decision should, if practicable, be reached, expires on 3 August. The Scottish Government did, however, make it clear when the PTA application was received that it might not be possible for a decision to be arrived at within this time scale.
No such meeting has as yet taken place. The 90 day period within which, according to the prisoner transfer agreement, a decision should, if practicable, be reached, expires on 3 August. The Scottish Government did, however, make it clear when the PTA application was received that it might not be possible for a decision to be arrived at within this time scale.
Monday, 27 July 2009
The waiting game
[This is the headline over my column in the July issue of the Scottish lawyers' magazine The Firm. It reads as follows:]
It took three years for the SCCRC to conclude that Abdelbaset Ali Mohmad al- Megrahi may be the victim of a miscarriage of justice, and a further two years will have passed before his appeal is heard, by which time he may have died. Professor Robert Black QC calls on the Scottish authorities to show some courage before it is too late.
Abdelbaset al-Megrahi should never have been convicted for the Lockerbie atrocity. His conviction, on the evidence led at the trial, was nothing short of astonishing. It constitutes the worst miscarriage of justice perpetrated by a Scottish criminal court since the conviction of Oscar Slater in 1909.
It should never be forgotten that one crucial ground on which the Scottish Criminal Cases Review Commission held that there might have been a miscarriage of justice in Megrahi’s case, was its view that no reasonable court could have reached the conclusion that the trial court did, on a matter absolutely central to its reasons for convicting.
The delay in bringing Megrahi’s current appeal to the hearing stage has been scandalous. Had a modicum of urgency been shown, it is entirely conceivable that the appeal could have been over before now and the appellant back with his wife and children in his own country, a free man. The SCCRC had his case under consideration for more than three years before referring it back to the High Court. But the issue of the trial court’s unreasonable findings is a very simple and straightforward one and required virtually no investigation other that a perusal of the relevant portions of the transcript of evidence. If the SCCRC decided early in its deliberations that the case was going to have to be referred back on this ground – and it is difficult to believe that it did not – then delaying taking that step for three years is hard to justify.
Then there is the delay that has occurred after the SCCRC referred the case to the High Court in June 2007, attributable in large part to the Fabian tactics of the Crown and the spurious public interest immunity claims of the UK Foreign Office. Two whole years have passed since the SCCRC reference. Eighteen months have passed since the appellant’s full written grounds of appeal were lodged with the court. And it was only at the end of April 2009 that the first tranche of the appeal was heard. On the leisurely timetable that the appeal court has set, it would require a minor miracle for the proceedings to be concluded by the twenty-first anniversary of the disaster in December 2009.
What makes all of this worse is that the appellant was diagnosed in October 2008 with terminal, late-stage prostate cancer. His condition has recently deteriorated to such an extent that he was unable to attend court for the first tranche of the appeal or, indeed, comfortably to follow the proceedings over the TV link that had been set up.
The recently lodged prisoner transfer application would enable him to return to Libya to spend his remaining weeks with his wife, children, aged mother and siblings, which is – understandably – now his overriding priority. But, for prisoner transfer to be granted by the Scottish Government, Megrahi would have to abandon his appeal. This, clearly, would bring joy to the hearts of the Crown Office and the Scottish Government Justice Department. The manifold concerns over the Lockerbie conviction could be gleefully swept under the carpet and the pretence maintained that the system had worked perfectly and a guilty man had been justly convicted.
However, there is another course of action open to the Scottish Government, if Ministers have the strength of will and character to withstand the pressure of civil servants assiduously punting the prisoner transfer option. That course of action is compassionate release. This would enable Megrahi to be freed on licence and return to Libya. His appeal would run to its natural conclusion. If he died before the appeal court reached its decision, the appeal could be transferred to his executor or any person having a legitimate interest.
The Scottish public interest demands nothing less than that the concerns over Megrahi’s conviction be ventilated fully in court. Compassionate release provides the only mechanism whereby this can be achieved alongside the humanitarian goal of allowing him to die at home. Have Scottish Ministers the wisdom and the courage to embrace it?
It took three years for the SCCRC to conclude that Abdelbaset Ali Mohmad al- Megrahi may be the victim of a miscarriage of justice, and a further two years will have passed before his appeal is heard, by which time he may have died. Professor Robert Black QC calls on the Scottish authorities to show some courage before it is too late.
Abdelbaset al-Megrahi should never have been convicted for the Lockerbie atrocity. His conviction, on the evidence led at the trial, was nothing short of astonishing. It constitutes the worst miscarriage of justice perpetrated by a Scottish criminal court since the conviction of Oscar Slater in 1909.
It should never be forgotten that one crucial ground on which the Scottish Criminal Cases Review Commission held that there might have been a miscarriage of justice in Megrahi’s case, was its view that no reasonable court could have reached the conclusion that the trial court did, on a matter absolutely central to its reasons for convicting.
The delay in bringing Megrahi’s current appeal to the hearing stage has been scandalous. Had a modicum of urgency been shown, it is entirely conceivable that the appeal could have been over before now and the appellant back with his wife and children in his own country, a free man. The SCCRC had his case under consideration for more than three years before referring it back to the High Court. But the issue of the trial court’s unreasonable findings is a very simple and straightforward one and required virtually no investigation other that a perusal of the relevant portions of the transcript of evidence. If the SCCRC decided early in its deliberations that the case was going to have to be referred back on this ground – and it is difficult to believe that it did not – then delaying taking that step for three years is hard to justify.
Then there is the delay that has occurred after the SCCRC referred the case to the High Court in June 2007, attributable in large part to the Fabian tactics of the Crown and the spurious public interest immunity claims of the UK Foreign Office. Two whole years have passed since the SCCRC reference. Eighteen months have passed since the appellant’s full written grounds of appeal were lodged with the court. And it was only at the end of April 2009 that the first tranche of the appeal was heard. On the leisurely timetable that the appeal court has set, it would require a minor miracle for the proceedings to be concluded by the twenty-first anniversary of the disaster in December 2009.
What makes all of this worse is that the appellant was diagnosed in October 2008 with terminal, late-stage prostate cancer. His condition has recently deteriorated to such an extent that he was unable to attend court for the first tranche of the appeal or, indeed, comfortably to follow the proceedings over the TV link that had been set up.
The recently lodged prisoner transfer application would enable him to return to Libya to spend his remaining weeks with his wife, children, aged mother and siblings, which is – understandably – now his overriding priority. But, for prisoner transfer to be granted by the Scottish Government, Megrahi would have to abandon his appeal. This, clearly, would bring joy to the hearts of the Crown Office and the Scottish Government Justice Department. The manifold concerns over the Lockerbie conviction could be gleefully swept under the carpet and the pretence maintained that the system had worked perfectly and a guilty man had been justly convicted.
However, there is another course of action open to the Scottish Government, if Ministers have the strength of will and character to withstand the pressure of civil servants assiduously punting the prisoner transfer option. That course of action is compassionate release. This would enable Megrahi to be freed on licence and return to Libya. His appeal would run to its natural conclusion. If he died before the appeal court reached its decision, the appeal could be transferred to his executor or any person having a legitimate interest.
The Scottish public interest demands nothing less than that the concerns over Megrahi’s conviction be ventilated fully in court. Compassionate release provides the only mechanism whereby this can be achieved alongside the humanitarian goal of allowing him to die at home. Have Scottish Ministers the wisdom and the courage to embrace it?
Lockerbie -- bomber or victim?
The only man convicted of Britain’s worst ever terrorist outrage has asked to be released from prison on compassionate grounds. Abdelbaset al-Megrahi, a Libyan intelligence officer, was jailed for 27 years for the Lockerbie bombing in 2001. His co-defendant was acquitted.
Al-Megrahi, who is suffering from terminal cancer, was alleged to have got the bomb onto PanAm Flight 103 in December 1988 via a connecting flight from Malta, though many people, including families of some of the 270 victims of the attack, are not convinced of his guilt, and believe he was the fall guy in a sordid stitch-up designed to end Libya’s diplomatic isolation.
In particular, sceptics have pointed to the fact that it was never mentioned at his trial that there had been a break-in at a Heathrow baggage store just 18 hours before flight 103 departed, and that someone could have smuggled a bag on board by getting it into this area.
Al-Megrahi is appealing against the verdict, and in June 2007, the Scottish Criminal Cases Review Commission said it feared he may have been the victim of a miscarriage of justice. If his conviction were to be overturned it would, of course, raise some very inconvenient questions.
[This is the text of a post of today's date on John Withington's Disaster History blog.]
Al-Megrahi, who is suffering from terminal cancer, was alleged to have got the bomb onto PanAm Flight 103 in December 1988 via a connecting flight from Malta, though many people, including families of some of the 270 victims of the attack, are not convinced of his guilt, and believe he was the fall guy in a sordid stitch-up designed to end Libya’s diplomatic isolation.
In particular, sceptics have pointed to the fact that it was never mentioned at his trial that there had been a break-in at a Heathrow baggage store just 18 hours before flight 103 departed, and that someone could have smuggled a bag on board by getting it into this area.
Al-Megrahi is appealing against the verdict, and in June 2007, the Scottish Criminal Cases Review Commission said it feared he may have been the victim of a miscarriage of justice. If his conviction were to be overturned it would, of course, raise some very inconvenient questions.
[This is the text of a post of today's date on John Withington's Disaster History blog.]
Sunday, 26 July 2009
Police consider prosecuting Crown Agent McFadyen
Lothian and Borders police have confirmed that they are considering whether to proceed to bring charges against Crown Agent Norman [McFadyen], more than a week after receiving information from MSP Christine Grahame in respect of his handling of the Lockerbie investigation.
[McFadyen] is presently on leave and cannot be contacted.
Lothian and Borders police said they were considering the content of Ms Grahame's letter, and would not rule out bringing charges against [McFadyen]. A police press officer said that they could not give any indication as to what will happen in the future.
The contents of Ms Grahame's letter are not known. However on 17 July the Crown Office took the unprecedented step of issuing a statement in defence of Mr [McFadyen], saying he was "a man of the utmost integrity who is held in the highest regard by the Law Officers.”
The Crown statement added that Ms Grahame's letter contained “defamatory and entirely unfounded allegations of the most serious kind,” although to date The Firm understands that no action for defamation is proceeding.
[The above is the text of a news item posted yesterday on the website of the Scottish lawyers' magazine The Firm.
For an update from the magazine's website, click here.]
[McFadyen] is presently on leave and cannot be contacted.
Lothian and Borders police said they were considering the content of Ms Grahame's letter, and would not rule out bringing charges against [McFadyen]. A police press officer said that they could not give any indication as to what will happen in the future.
The contents of Ms Grahame's letter are not known. However on 17 July the Crown Office took the unprecedented step of issuing a statement in defence of Mr [McFadyen], saying he was "a man of the utmost integrity who is held in the highest regard by the Law Officers.”
The Crown statement added that Ms Grahame's letter contained “defamatory and entirely unfounded allegations of the most serious kind,” although to date The Firm understands that no action for defamation is proceeding.
[The above is the text of a news item posted yesterday on the website of the Scottish lawyers' magazine The Firm.
For an update from the magazine's website, click here.]
How many judges thought the evidence warranted conviction?
Frank Duggan, President of Victims of Pan Am 103 Inc, one of the US relatives' organisations, has recently been sending e-mails contending that eight Scottish judges regarded the evidence led at the Zeist trial as warranting the conviction of Abdelbaset Megrahi, namely the three judges at the original trial and the five judges at the first appeal. This is, of course, wholly false. As the appeal judges state in paragraph 369 of their Opinion:
“When opening the case for the appellant before this court Mr Taylor [senior counsel for Megrahi] stated that the appeal was not about sufficiency of evidence: he accepted that there was a sufficiency of evidence. He also stated that he was not seeking to found on section 106(3)(b) of the 1995 Act [verdict unreasonable on the evidence]. His position was that the trial court had misdirected itself in various respects. Accordingly in this appeal we have not required to consider whether the evidence before the trial court, apart from the evidence which it rejected, was sufficient as a matter of law to entitle it to convict the appellant on the basis set out in its judgment. We have not had to consider whether the verdict of guilty was one which no reasonable trial court, properly directing itself, could have returned in the light of that evidence.”
The true position, as I have written elsewhere, is this:
"As far as the outcome of the appeal is concerned, some commentators have confidently opined that, in dismissing Megrahi’s appeal, the Appeal Court endorsed the findings of the trial court. This is not so. The Appeal Court repeatedly stresses that it is not its function to approve or disapprove of the trial court’s findings-in-fact, given that it was not contended on behalf of the appellant that there was insufficient evidence to warrant them or that no reasonable court could have made them. These findings-in-fact accordingly continue, as before the appeal, to have the authority only of the court which, and the three judges who, made them."
“When opening the case for the appellant before this court Mr Taylor [senior counsel for Megrahi] stated that the appeal was not about sufficiency of evidence: he accepted that there was a sufficiency of evidence. He also stated that he was not seeking to found on section 106(3)(b) of the 1995 Act [verdict unreasonable on the evidence]. His position was that the trial court had misdirected itself in various respects. Accordingly in this appeal we have not required to consider whether the evidence before the trial court, apart from the evidence which it rejected, was sufficient as a matter of law to entitle it to convict the appellant on the basis set out in its judgment. We have not had to consider whether the verdict of guilty was one which no reasonable trial court, properly directing itself, could have returned in the light of that evidence.”
The true position, as I have written elsewhere, is this:
"As far as the outcome of the appeal is concerned, some commentators have confidently opined that, in dismissing Megrahi’s appeal, the Appeal Court endorsed the findings of the trial court. This is not so. The Appeal Court repeatedly stresses that it is not its function to approve or disapprove of the trial court’s findings-in-fact, given that it was not contended on behalf of the appellant that there was insufficient evidence to warrant them or that no reasonable court could have made them. These findings-in-fact accordingly continue, as before the appeal, to have the authority only of the court which, and the three judges who, made them."
Saturday, 25 July 2009
Megrahi requests release from jail on compassionate grounds
[This is the headline over Lucy Adams's coverage in The Herald of the story that was broken yesterday on this blog. Her article can be read here. The following are extracts:]
The man convicted of the Lockerbie bombing has applied to Scottish ministers for release on compassionate grounds, a move which if granted would allow him to return to Libya without dropping his appeal.
Ministers received the application yesterday from Abdelbaset Ali Mohmed al Megrahi, who was diagnosed with terminal prostate cancer last year.
As with the case of prisoner transfer, the decision rests with Kenny MacAskill, the Justice Secretary. Unlike prisoner transfer, compassionate release does not require the prisoner to abandon any ongoing legal proceedings.
The Justice Secretary is thought to have released three terminally ill patients on compassionate grounds last year. Traditionally, only applications from those with three months to live are granted.
In May the Libyan government applied for prisoner transfer of Megrahi, the 57-year-old serving 27 years in Greenock prison for the bombing which killed 270 people in December 1988. (...)
Mr MacAskill is expected to make a decision on the transfer in the first week in August, but there has been some confusion about how the prisoner transfer agreement works. One legal expert said that ministers must give Megrahi a decision "in principle" before he drops proceedings, but officials say that is not the case.
It is thought that some of the US relatives of the victims of the tragedy would push for a judicial review if Mr MacAskill agrees to Megrahi's transfer back to Libya. Many of them are angry that the transfer is even being considered.
The families have taken legal advice in both London and Scotland. Judicial review could significantly delay Megrahi's return to Libya, but compassionate release is not subject to judicial review.
Professor Robert Black, one of the architects of Megrahi's trial in the Netherlands, said: "Compassionate release seems to achieve the humanitarian objective of allowing Megrahi to die in his homeland among his extended family, along with the public interest and criminal justice objectives of allowing a court to rule upon the validity of an appeal in the case of a conviction that has been increasingly called into question."
[The Scotsman also covers the story. Its article reads in part:]
An e-mail sent yesterday from the Crown Office to relatives of those who died said: "It has been confirmed that the Scottish Government has today received an application for compassionate release on behalf of Megrahi.
"We understand that this application will now be considered by the Scottish Government in tandem with the previous application for Prisoner Transfer."
A spokeswoman for the Scottish Government said: "We can confirm an application for compassionate release has been made by Mr al-Megrahi, and forwarded by the Libyan government to the Scottish ministers.
"Scottish ministers will not comment on the content of the application and will now seek advice on the application."
[The BBC News website has now picked up the story, which can be read here.]
The man convicted of the Lockerbie bombing has applied to Scottish ministers for release on compassionate grounds, a move which if granted would allow him to return to Libya without dropping his appeal.
Ministers received the application yesterday from Abdelbaset Ali Mohmed al Megrahi, who was diagnosed with terminal prostate cancer last year.
As with the case of prisoner transfer, the decision rests with Kenny MacAskill, the Justice Secretary. Unlike prisoner transfer, compassionate release does not require the prisoner to abandon any ongoing legal proceedings.
The Justice Secretary is thought to have released three terminally ill patients on compassionate grounds last year. Traditionally, only applications from those with three months to live are granted.
In May the Libyan government applied for prisoner transfer of Megrahi, the 57-year-old serving 27 years in Greenock prison for the bombing which killed 270 people in December 1988. (...)
Mr MacAskill is expected to make a decision on the transfer in the first week in August, but there has been some confusion about how the prisoner transfer agreement works. One legal expert said that ministers must give Megrahi a decision "in principle" before he drops proceedings, but officials say that is not the case.
It is thought that some of the US relatives of the victims of the tragedy would push for a judicial review if Mr MacAskill agrees to Megrahi's transfer back to Libya. Many of them are angry that the transfer is even being considered.
The families have taken legal advice in both London and Scotland. Judicial review could significantly delay Megrahi's return to Libya, but compassionate release is not subject to judicial review.
Professor Robert Black, one of the architects of Megrahi's trial in the Netherlands, said: "Compassionate release seems to achieve the humanitarian objective of allowing Megrahi to die in his homeland among his extended family, along with the public interest and criminal justice objectives of allowing a court to rule upon the validity of an appeal in the case of a conviction that has been increasingly called into question."
[The Scotsman also covers the story. Its article reads in part:]
An e-mail sent yesterday from the Crown Office to relatives of those who died said: "It has been confirmed that the Scottish Government has today received an application for compassionate release on behalf of Megrahi.
"We understand that this application will now be considered by the Scottish Government in tandem with the previous application for Prisoner Transfer."
A spokeswoman for the Scottish Government said: "We can confirm an application for compassionate release has been made by Mr al-Megrahi, and forwarded by the Libyan government to the Scottish ministers.
"Scottish ministers will not comment on the content of the application and will now seek advice on the application."
[The BBC News website has now picked up the story, which can be read here.]
Friday, 24 July 2009
Application for compassionate release
I understand from an impeccable source that an application on behalf of Abdelbaset Megrahi for compassionate release has this morning been received by the Scottish Government Justice Department. As with the case of prisoner transfer, the decision rests with the Cabinet Secretary for Justice, Kenny MacAskill. Unlike prisoner transfer, compassionate release does not require the prisoner to abandon any ongoing legal proceedings.
Confirmation came in the form of an e-mail sent this afternoon by the Crown Office to relatives of those killed on Pan Am 103.
Confirmation came in the form of an e-mail sent this afternoon by the Crown Office to relatives of those killed on Pan Am 103.
Thursday, 23 July 2009
Crown defamation decision on hold
The Crown Office will not confirm if any action for defamation is to be taken in respect of claims made about Crown agent Norman MacFadyen, despite issuing an unprecedented statement which purports that “defamatory and entirely unfounded allegations of the most serious kind” had been made against him.
The Crown issued the statement on 17 July, but did not state what allegations they were referring to. They did however state that they had been made by MSP Christine Grahame in relation her inquires into the Lockerbie proceedings.
The Crown Office had been asked to clarify whether an action for defamation would follow from Mr McFadyen, given the unprecedented nature of the statement they had issued which not only robustly defended Mr MacFadyen, but suggested Ms Grahame, a former solicitor, had failed to understand the judicial process she was referring to.
“Norman McFadyen is a man of the utmost integrity who is held in the highest regard by the Law Officers,” the Crown statement said.
“Not only is the allegation false in itself but Mrs Grahame appears to have misunderstood the process because the documents which she has referred to were not part of and had absolutely nothing to do with it."
The Crown Office as an organisation is not permitted to raise an action for defamation following the decision in the 1984 Derbyshire County Council case. McFadyen himself is presently on leave. The Crown Office has advised that any decision on whether to raise such an action would be a private matter for him.
[The above is the text of a news item posted today on the website of the Scottish lawyers' magazine The Firm.]
The Crown issued the statement on 17 July, but did not state what allegations they were referring to. They did however state that they had been made by MSP Christine Grahame in relation her inquires into the Lockerbie proceedings.
The Crown Office had been asked to clarify whether an action for defamation would follow from Mr McFadyen, given the unprecedented nature of the statement they had issued which not only robustly defended Mr MacFadyen, but suggested Ms Grahame, a former solicitor, had failed to understand the judicial process she was referring to.
“Norman McFadyen is a man of the utmost integrity who is held in the highest regard by the Law Officers,” the Crown statement said.
“Not only is the allegation false in itself but Mrs Grahame appears to have misunderstood the process because the documents which she has referred to were not part of and had absolutely nothing to do with it."
The Crown Office as an organisation is not permitted to raise an action for defamation following the decision in the 1984 Derbyshire County Council case. McFadyen himself is presently on leave. The Crown Office has advised that any decision on whether to raise such an action would be a private matter for him.
[The above is the text of a news item posted today on the website of the Scottish lawyers' magazine The Firm.]
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