Wednesday 5 August 2009

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.]

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