Lockerbie relatives to demand Megrahi stays in Scots jail

Kenny MacAskill is to be put under intense pressure to keep the Lockerbie bomber behind bars in Scotland this week when he takes part in discussions with the families of the American victims.

The justice secretary will hear a heartfelt plea from Americans who lost loved ones in the atrocity and who firmly believe that Abdelbaset Ali Mohmed al-Megrahi should die in a Scottish prison.

MacAskill will hear that American families are "shocked and horrified" that Scottish ministers are considering whether Megrahi should be sent back home to Libya under the terms of a controversial prisoner transfer agreement struck by Tony Blair and Muammar Gaddaffi.

MacAskill will speak with the relatives during a video conference that will link Edinburgh with the British Embassy in Washington.

MacAskill has already been in touch with the US Attorney General Eric Holder, who is understood to have informed the justice secretary that Megrahi, who is terminally ill with prostate cancer, should stay in HMP Greenock.

That message will be rammed home on Thursday by the American families, who firmly believe Megrahi was responsible for the murder of 270 people when Pan Am Flight 103 exploded over Lockerbie 20 years ago.

Last night Frank Duggan, a Washington lawyer who is president of the Victims of Pan Am Flight 103, said: "The American relatives have never had the opportunity to make victim impact statements. It will be very emotional. They will talk about what their loss means to them – 20 years of missed grandchildren, missed weddings, all of the things that go on in life. It is especially distressing for those who lost young people – so many of them would have made a difference.

"He should stay in prison in Scotland. That was the agreement. The position of the US government is that he should serve his sentence in Scotland and that will be the overwhelming message to MacAskill."

A letter to MacAskill written by Kathleen Flynn, a mother who lost her son John Patrick Flynn on the night that the aircraft exploded, sums up the families' attitude.

"We are shocked and horrified that the convicted bomber of this horrific crime is being considered for a prisoner-transfer agreement to his native country, Libya," she said.

"I would hope that you would include the (views] of the majority of victims of the Pan Am 103 bombing – the 189 Americans lost on the flight."

MacAskill and Alex Salmond face one of the most taxing dilemmas of the SNP's reign as they decide what to do with the former Libyan intelligence agent who was convicted of the atrocity in the Scottish courts.

There is a vocal body of opinion who believe that Megrahi has been the victim of a huge miscarriage of justice. He is currently appealing against his conviction.

Among those convinced of his innocence is Jim Swire, a retired British GP who lost his daughter in the bombing.

Swire said: "Of course the Americans are saying that he is guilty. Their administration has told them that he is guilty. But I don't think they have questioned the quality of the evidence."

[The above is the text of an article in the Scotland on Sunday edition of 5 July.]

Prisoner Transfer Agreement

Justice Secretary Kenny MacAskill today spoke with United States Attorney General Eric Holder as part of the ongoing consideration of the application for the prisoner transfer for Mr Abdelbaset Ali Mohmed Al Megrahi.

As part of the process of consideration of the application, Mr MacAskill has already made clear that he would meet groups and individuals who have submitted relevant representations to the Scottish Government and listen to their views.

In addition to today's discussions with Mr Holder, Mr MacAskill will also be listening to the views of representatives of family members of victims from the UK and US as well as the Libyan Government.

Mr MacAskill said:

"As part of my thorough consideration of the Prisoner Transfer Agreement submitted by the Libyan Government on behalf of Mr Al Megrahi, I want to ensure I have all the relevant information available to me before reaching decisions.

"Hearing these representations is a key part of that process.

"As I have said before, any decision will be made on judicial grounds alone. Economic and political considerations have no place in the process."

The Prisoner Transfer Agreement was signed on November 17 2008 and following scrutiny by the Joint Committee of Human Rights at Westminster, was ratified by the UK and Libyan Governments.

Scottish Ministers are now bound by this Agreement and required to consider transfer applications made under it.

The Scottish Government received an application from the Libyan Government in respect of Mr Al Megrahi on May 5, 2009.

The application is now being determined on its merits in line with the Agreement and relevant legislation by the Cabinet Secretary for Justice who will take all relevant considerations into account.

The Prisoner Transfer Agreement states that the decision should normally be given within 90 days of being received although it could be longer if further information is required in relation to the application or for any other reason.

[This is the text of a news release issued today by the Scottish Government. The Sun's report on the topic can be read here, and The Scotsman's here.]