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Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

Todays article in the daily record shows there is no compassion in our country when an Innocent man cannot be with his family for his last days.

Will our courts wait until he dies before concluding his appeal ?

http://www.dailyrecord.co.uk/news...ological-distress-86908-21406204/

Lockerbie bomber Megrahi suffering "great psychological distress"
Jun 1 2009

THE TERMINALLY ill man convicted of the Lockerbie bombing is suffering high levels of "emotional and psychological distress" according to a confidential medical report commissioned by the Libyan consul.

Abdelbaset Ali Mohmed al Megrahi is serving a 27-year sentence in Greenock Prison for the 1988 bombing of Pan Am flight 103 over the Annandale town.

Megrahi, who has prostate cancer, has always maintained his innocence and now a six-page document, written by a consultant clinical psychologist, claims he is suffering severe effects of isolation.

One month after an appeal process to clear his name began, the report states Megrahi would probably live longer if he were allowed to be closer to his family.

He is struggling to come to terms with being unable to care for his family's needs or receive their care in return, it states, adding: "it is obviously humane that people be able to spend their last few months receiving the spiritual and emotional support from the people closest to them."

Libya has applied to the UK government to have Megrahi transferred out of Britain. That decision ultimately rests with Scottish ministers

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Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

I see this link is posted in another topic but feel that readers would appreciate it more if it was kept under a Megrahi Topic:

MEGRAHI WILL NOT RETURN HOME AS A HERO

LOW-PROFILE: Colnel Gaddafi promised not to give Megrahi a heroes welcome

Sunday June 14,2009
By Ben Borland

COLONEL GADDAFI has vowed not to give Megrahi a hero’s welcome if he is returned to Libya next month.

Tripoli has agreed to keep the homecoming “very low profile” amid fears of hindering the country’s renewed relations with the West.

It is understood the Scottish Government is concerned about a repeat of triumphant scenes when Megrahi’s co-accused Al-Amin Khalifa Fhimah was acquitted of the bombing in 2001.

A source close to the Libyan authorities said: “A triumphant return is not on the cards.

“Megrahi will most likely end up in a hospice, rather than a villa overlooking the Mediterranean.”

Justice Secretary Kenny MacAskill has until the end of July to rule on Megrahi.

A Scottish Government spokesman said: “The decision will be one made on judicial grounds. Economic and political considerations have no place in the process.”
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Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

The same applies to this link:

UK NEWSFATHER IN APPEAL TO RE-OPEN PAN AM INQUIRY

CANCER: Megrahi is terminally ill
Sunday June 14,2009
By Ben Borland

SCOTLAND’S top law officer has been asked to take the unprecedented step of re-opening the Fatal Accident Inquiry into the Lockerbie bombing, the Scottish Sunday Express can reveal.

The father of one of the 270 victims claims the move is necessary because a crucial piece of evidence was not made available to the families at the time of the hearing.

Jim Swire, whose daughter, Flora, was on board Pan Am flight 103, has written to the Lord Advocate, Elish Angiolini, asking to reconvene the investigation, which ended in 1991.

He believes a break-in at Heathrow Airport on the morning of December 21, 1988, just hours before a bomb destroyed the Boeing 747, would have had a major bearing on the FAI had it been made public then, and not 10 years later.

Dr Swire said: “If the break-in had been taken seriously then, Heathrow would have been closed down until they found out what had happened.

It was not taken seriously, with the result that my daughter and 269 other people were slaughtered 38 minutes after the plane took off.”

The security breach only came to light in 2001 at the first appeal of Abdelbaset Ali Mohmed Al Megrahi, the man convicted of the murders and currently serving a life sentence in Greenock Prison.

Retired security guard Ray Manly revealed that a padlock had been cut at a door leading to the baggage area of Terminal Three, and said the police and airport authorities knew about it.

One of the questions considered by Sheriff John Mowat QC during the FAI, held in Dumfries from October 1990 to February 1991, was whether “reasonable precautions” had been taken to detect the bomb.

Dr Swire, who represented himself at the hearing, said: “I majored on the failure of Heathrow having the means to identify suspicious baggage, but, if I had known about this, I would have majored on the incompetence of Heathrow security.”

He added: “The purpose of this FAI was to identify anything that may have contributed to the deaths and I believe the court was misdirected.”

Megrahi, who is suffering from terminal prostate cancer, could be returned to Libya as early as next month under a prisoner transfer request. That cannot happen unless the 57-year-old drops his appeal.

Dr Swire believes Megrahi is innocent and that the bomb was actually the work of an Iranian-Palestinian terror plot, in retaliation for the US accidentally shooting down an Iranian passenger jet six months before.

He fears that the truth will never emerge if Megrahi is allowed to spend his last weeks with his family -– sparing a potential scandal for ministers and the Scottish legal system if the appeal is upheld.

He said: “He could ask for compassionate early release and continue his appeal, but one has to ask why the authorities are pushing a solution which stops the appeal.”

The Prisoner Transfer Agreement between the UK and Libya was put in place by Tony Blair during his historic visit to Tripoli in 2004.

It was pushed through by then Foreign Secretary Jack Straw, although the final decision on prisoner transfers rests with Scottish ministers.

A Crown Office spokesman said: “The Lord Advocate has received a letter from Jim Swire and will respond to him in early course.”

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I agree with Jim Swire in that there would be no need for Megrahi to drop his appeal.

The issue of compassionate leave must be addressed separately from his appeal.
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Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

What right did America have to remove any evidence from Scotland ?

http://www.theherald.co.uk/news/n...option_to_abandon_court_fight.php

Christine Grahame is to be commended for her pursuit of Justice unlike her colleague and fellow SNP member Mr MacAskill.

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Megrahi in quandary over option to abandon court fight

CHRIS WATT June 17 2009

The Libyan convicted of the Lockerbie bombing has still not decided whether to abandon his fight to clear his name, an MSP said after visiting him yesterday.

Christine Grahame, SNP member for the south of Scotland, said Abdelbaset Ali Mohmed al Megrahi was struggling to make the choice while suffering "severe pain" from prostate cancer.

Libyan authorities have filed an application to have him moved to his home country, but the transfer cannot go ahead while legal proceedings are still ongoing.

advertisementAl Megrahi is currently pursuing an appeal against his conviction, but he would have to drop it in order to get back to Africa and see his family.

The 57-year-old, serving a life sentence for the 1988 bombing of Pan Am flight 103 that killed 270 people, is thought unlikely to survive long enough for a second part of the appeal continuing next spring.

After her 90-minute visit to Greenock Prison yesterday afternoon, Ms Grahame said: "He is a man who is in a great quandary about what he should do. He's got this major decision to take at some point.

"Overall I think he is dealing very well with the circumstances he finds himself in.

"He is in severe pain. His health is deteriorating, both his physical and emotional health.

"I think the issue for Mr Megrahi is that he would want the appeal to continue but at the same time he is desperate to see his family."

Ms Grahame is certain that his relatives would press for a public inquiry in the event of his death, she added.

The South of Scotland MSP also spoke of a Dutch TV documentary that she said showed that a key piece of evidence was taken out of Scotland without the proper documentation. The circuit board used as a bomb trigger had been removed to America, she said, undermining the reliability of Al Megrahi's conviction.

"Lord Peter Fraser, who was the Lord Advocate at the time, has said it never left Scotland - so my challenge to the Lord Fraser is, what did the Crown know at the time about that circuit board, what did you know, can you come and tell us and tell the public?" she added.

Lord Fraser declined to comment.
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Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

I am sure the families of Lockerbie victims will welcome this move and will be pleased to give Kenny MacAskill a hard time of it.

Pity he cannot become involved with some of the other cases we see here in this forum.

What chance is there of any of us getting to talk to him about our cases ?

He will not even speak to members of his own party (Bill Kidd) when he asked for a meeting over my Dossier on SCCRC.

http://news.scotsman.com/scotland...eet-Lockerbie-families.5407558.jp

Any move to move Megrahi to Libya has nothing to do with a judicial decision, Every prisoner has the right to be moved to a prison nearest to their family, Megrahi should not be treated any differently.

One thing I am sure of and that is:

Megrahi will be moved to Libya without us being told and we will only be told after the event is over and done with.
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scotkaz · Joined: 28 Aug 2008 Posts: 527

scotkaz · Joined: 28 Aug 2008 Posts: 527

http://scotlandonsunday.scotsman....e-relatives-to-demand-.5430108.jp

Lockerbie relatives to demand Megrahi stays in Scots jail

Published Date: 05 July 2009
By Tom Peterkin Scottish Political Editor
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."

scotkaz · Joined: 28 Aug 2008 Posts: 527

http://www.theherald.co.uk/news/n...for_Megrahi_to_be_transferred.php

Father of Lockerbie victim pleads for Megrahi to be transferred

Dr Jim Swire, whose daughter died in the Lockerbie bombing, has written an open letter to the Justice Secretary pleading with him to release the man convicted of the atrocity on compassionate grounds to allow the appeal to continue.

Following a meeting on Monday between Kenny MacAskill and three relatives of victims to discuss the fate of the Libyan convicted of the bombing, Dr Swire has asked the minister to find a way of allowing the judicial process to continue.

He wrote: "To allow the appeal to be abandoned would be a body blow to the international reputation of Scotland and to domestic confidence in our judicial system for a generation

The minister is considering an application for the transfer to Libya of Abdelbaset Ali Mohmed al Megrahi, who is suffering from terminal prostate cancer.

It is not known if Megrahi, who is currently serving 27 years in Greenock for the bombing, will last the appeal process. Despite his health, the next stage of the appeal, which is expected to undermine the credibility of Tony Gauci, the Crown's key witness, is now not due to begin until the autumn.

A procedural hearing will take place next week to discuss why the Crown has still not shared certain documents and evidence with the defence.

Megrahi would have to drop the appeal in order for the Prisoner Transfer Agreement (PTA), a move thought favourable to key agencies in the UK and US.

Dr Swire's letter states: "To use the PTA would be to stop the second appeal and would cost our country the best chance of showing that it can objectively assess its own past performance and if necessary be brave enough to correct it from within, even in the face of gross international pressures.

"It would also grievously damage the search by innocent relatives for the truth concerning the murders of their dear families."

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scotkaz · Joined: 28 Aug 2008 Posts: 527

http://www.sundaypost.com/postindex.htm

Libyan and US governments apply pressure over
Lockerbie bomber

Megrahi decision time for MacAskill

By Campbell Gunn

Abdelbaset al Megrahi.LIBYAN officials fly to Scotland this week in a bid to put pressure on the Scottish Government to release Lockerbie bomber Abdelbaset al Megrahi.

The officials will hold a top-level meeting with Justice Secretary Kenny MacAskill, who has the power to release al Megrahi on compassionate grounds.

However, the Government is also under pressure from the United States, which does not want to see him released.

Transfer home

The Libyans applied for his transfer home in May, and with the 90-day consideration period closing at the start of August, Mr MacAskill must make his decision soon.

Nine days ago, the minister had what was described as a “brief and to the point” telephone conversation with US Attorney General Eric Holder as part of ongoing consideration of the application for the prisoner transfer from Libya.

In addition to the visit of Libyan government officials, the latest stage in al Megrahi’s appeal will be held at the Appeal Court in Edinburgh this week.

This will be a procedural hearing, over sharing of documents between the Crown and defence. A normal prisoner transfer cannot be agreed while a legal process in under way.

Compassionate grounds

However, he could be transferred on compassionate grounds, allowing the legal process to continue in his absence.

al Megrahi, who is in Greenock Prison serving 27 years for his part in the Lockerbie bombing of Pan Am flight 103 in December 1988, which killed 270 people, is suffering from prostate cancer and is thought to have only months to live.

The high-level Libyan delegation is expected to ask Mr MacAskill to allow him home to die. The Justice Secretary will also meet relatives of those who died in the bombing.

“As part of my thorough consideration of the Prisoner Transfer Agreement submitted by the Libyan government on behalf of al Megrahi, I want to ensure I have all the relevant information available to me before reaching decisions,” Mr MacAskill said.

“Hearing these representations is a key part of that process. As I have said before, any decision will be made on judicial grounds. Economic and political considerations have no place in the process.”

scotkaz · Joined: 28 Aug 2008 Posts: 527

http://www.theherald.co.uk/news/n...ondemn_Megrahi_to_die_in_jail.php

Delays may condemn Megrahi to die in jail

LUCY ADAMS, Chief Reporter July 08 2009

The appeal of the man convicted of the Lockerbie bombing has been so significantly delayed that he may not live to see its conclusion, his defence team has warned.

The appeal, which has already been put back due the non-disclosure of scores of documents, will now not resume until at least September as one of the judges has had heart surgery.

Lord Wheatley, one of five judges at a lengthy hearing in May that dealt with the first part of the appeal by Abdelbaset Ali Mohmed al Megrahi, the Libyan convicted of the atrocity, is recuperating from surgery and will not be fit to resume judicial duties until mid-September.

Lord Hamilton, the Lord Justice General, told the court yesterday that the situation "complicates matters" and that his convalescence may be "protracted".

The delay makes it all the more likely that Megrahi, who is suffering terminal prostate cancer, will feel forced to drop his appeal to allow him to return to Tripoli.

The Libyan government applied for prisoner transfer of Megrahi in May and Justice Secretary Kenny MacAskill has 90 days to make a decision. The transfer can not go ahead while legal proceedings are live.

Lord Hamilton said that although the court had already heard full submissions on two grounds of appeal, they would not now be able to give a decision on those grounds until the autumn.

Margaret Scott, Megrahi's QC, acknowledged that it arose out of "unforeseen and unexpected" circumstances.

She told the court the defence wished to see a decision reached as soon as possible and requested they consider appointing a shadow judge to avoid such problems in future.

"My Lord will appreciate in this case 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".

Ms Scott told the court that her client's health was deteriorating and he was experiencing a "relentless onset of symptoms".

Lord Hamilton said he recognised that Megrahi was "anxious" to have a decision as soon as possible, and would have wanted a decision on two grounds yesterday.

But the judge said that "regrettably" the court was not able to do so.

"It is only when Lord Wheatley is fit to resume judicial duties that it will be possible to resume consultation among all the judges with a view to reaching a final decision," he said.

He agreed to consider a defence plea for a "shadow judge" to be appointed to sit in any future hearings not attended by Lord Wheatley.

Dr Jim Swire, whose daughter Flora died in the tragedy, said he was utterly dismayed by the repeated delays in the appeal. He wants ministers to consider allowing Megrahi to return to Libya on "compassionate grounds" rather than through prisoner transfer, to allow the appeal to continue in his absence.

Christine Graham, SNP MSP, said: "It is within the powers of the Justice Minister and the Scottish Government to return Megrahi to Libya on compassionate release. This does not require a formal application from the prisoner.

"Given the further significant delay announced today by the Crown Office I believe the case for proceeding with this option, compassionate release, is now overwhelming