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More Lockerbie Oppression
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Iain McKie



Joined: 08 May 2007
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Location: Ayr, Scotland.

PostPosted: Sun Sep 20, 2009 10:45 am    Post subject: Reply with quote

As you state the Lord Advocate’s  hypocrisy is truly staggering.

Having fought for years to prevent disclosure in the Lockerbie case we now have a public servant complaining when an accused frustrated by the Scottish system failures hits back by releasing information of his own.

I continue to hope that the Scottish Government will negotiate the release of all the appeal papers so that we can all see what a massive political cover up it has been. Even better of course would be a formal enquiry into the whole shambles.


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Big Wullie



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PostPosted: Sun Sep 20, 2009 11:40 pm    Post subject: Reply with quote

The documents released are volumous and I wonder how many people will take the time to read them.

One link I think has 295 pages.

The Lord Advocate is a hypocrite to claim the court is the only place to debate this case considering she dropped her own appeal only after Megrahi was back on Libyan Soil.

Other people in Glasgow have been sentenced to 35 years for single murders, and for MacAskill to claim to stand by the conviction then Elish drop the appeal against sentence is utterly appalling.

If only they had proceeded expeditiously as they are supposed to, then perhaps Megrahi might have been able to clear his name and to debate his issues in Court, Everyone in Scotland knows Elish did not want the truth to be heard.

Shame on Scotland and in "Our Names"

The documents I want to see the most are the "Statement Of Reasons" from SCCRC, which will tell us all exactly why his case was considered a "Miscarriage Of Justice"
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scotkaz



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PostPosted: Mon Sep 21, 2009 11:51 pm    Post subject: Reply with quote

I am glad that this information is available to the public! Although I know it is not by the choice of the government. But if they want the openess and accountability they say they do, and they have nothing to hide, what is the problem?

I think there will be a lot of people who will want to read the information posted on that site.

Quote:
The Lord Advocate is a hypocrite to claim the court is the only place to debate this case considering she dropped her own appeal only after Megrahi was back on Libyan Soil.


That quote says it all!
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Big Wullie



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PostPosted: Wed Sep 30, 2009 6:04 am    Post subject: Lockerbie Film Premier Reply with quote

Christine Grahame Has Shown Lockerbie Film To Holyrood:

http://news.scotsman.com/politics...r-Lockerbie-film-shown.5688890.jp


Row after Lockerbie film shown at Holyrood



Published Date: 30 September 2009
By TOM PETERKIN
A ROW erupted last night when a controversial documentary claiming to challenge the evidence that led to the conviction of the Lockerbie bomber was shown at Holyrood.
Christine Grahame, the SNP MSP who believes Abdelbaset Ali Mohmed al-Megrahi is innocent, arranged a showing of Lockerbie Revisited, by Dutch documentary-maker Gideon Levy, that raises questions about evidence linking the bomb to Libya.

The film– never screened on mainstream British TV – suggests a fragment of the device left the UK without permission and was examined in the US – a move which could have led to contamination of evidence.

Last night Richard Marquise, the FBI agent who led the US side of the Lockerbie investigation questioned whether it was helpful to show the film.

"I'm still certain the evidence was righteous," Mr Marquise said.

A Crown Office spokesman said: "The only appropriate forum for the determination of guilt or innocence is the criminal court."

Quote:
A Crown Office spokesman said: "The only appropriate forum for the determination of guilt or innocence is the criminal court."


What a joke after all they did to hinder Megrahi's appeal
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Big Wullie



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PostPosted: Sat Oct 03, 2009 2:02 am    Post subject: More evidence released by Megrahi Reply with quote

More evidence released by Megrahi

http://video.stv.tv/?bcpid=37654293001&bctid=43139421001


Lawyers acting for the Lockerbie bomber say a crucial prosecution witness expressed an interest in receiving a financial reward before he gave evidence which helped convict the Libyan of mass murder.

Abdelbaset al-Megrahi's legal team claim that Tony Gauci later received more than $2 million from the American authorities.

The lawyers have released hundreds of pages of submissions which would have been aired in court had Megrahi not decided to abandon his second appeal six weeks ago.

The Libyan, who is dying of cancer, has always protested his innocence and is now trying to win over public opinion. At his trial at Camp Zeist in the Netherlands, the prosecution alleged the bomb which destroyed Pan Am 103 and killed 270 people was held in a suitcase along with clothes bought at Mary's House, a shop in Malta.

The shopkeeper - Mr Gauci -  told the trial Megrahi "resembled a lot" the Libyan who purchased the clothes before the bombing in 1988. The trial judges cited Mr Gauci's qualified identification of Megrahi as one of the reasons for the guilty verdict.

On Friday, Megrahi's legal team said there was "significant evidence" undermining Mr Gauci's credibility which was not disclosed at his trial, resulting in a miscarriage of justice.

They claim the Scottish Criminal Cases Review Commission found material which indicated that the shopkeeper had, at an early stage, expressed an interest in receiving payment or compensation for his cooperation in giving evidence.

They allege the US authorities offered to make substantial payments to Gauci from an early stage. They also suggest that Scottish Police applied for reward money from the US Department of Justice after the trial and that more than $2 million was given to Mr Gauci and more than $1 million to his brother, Paul.

Prosecutors at the Crown Office released a statement saying: "The only place to determine these issues is the criminal court.

"All of these issues could have been raised during the course of the appeal which Mr Megrahi abandoned. He had no reason to do so when his appeal did not interfere with his application for compassionate release."

In a further development on Friday, it has emerged that the Lockerbie trial judges have publicly denied they were under any pressure to find Abdelbaset al-Megrahi guilty of the mass murder of 270 people.

A spokesperson for Lord Sutherland, Lord Coulsfield and Lord MacLean was authorised to make the statement in a letter to the New York Times.

The respected US newspaper had published a claim from Dirk Vandewalle, an associate professor of government at Dartmouth College, that one of the judges told him during a conversation that "there was enormous pressure put on the court to get a conviction."

The judges' letter was written by Elizabeth Cutting, public information officer for the Scottish Judiciary. In it, she says: "I’m authorized to say that to the best of their knowledge the three deciding judges on the panel — Lord Sutherland, Lord Coulsfield and Lord MacLean — have never met Mr. Vandewalle.

"Moreover, they assert that none of them has ever said what Mr. Vandewalle reports one of them to have said. They were never under any pressure to return any particular verdict."

All three judges have retired. This is thought to be their first joint statement since they delivered their verdicts in 2001.

A senior Scottish QC told STV News: "There have been occasions in the past when there has been some public comment from a judge either directly or indirectly, but something like this is very, very, very rare.

"In the 40 years of my career I can't remember anything like this at all.”


Last updated: 02 October 2009, 22:36
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Big Wullie



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PostPosted: Sat Oct 03, 2009 11:35 pm    Post subject: Reply with quote

No Surprise Scottish Police were involved asking for money for Gauci.

http://www.heraldscotland.com/new...-in-3m-lockerbie-pay-out-1.923750

Revealed: Scots link in $3m Lockerbie pay-out

Megrahi, who is now receiving treatment for prostate cancer in Tripoli
Lucy Adams, Chief Reporter


Quote:
Scottish police officers took an active role in seeking a $3m-plus reward for a key witness in the Lockerbie bombing trial and his brother, previously secret papers revealed yesterday.


The documents, which were never disclosed to defence lawyers working for Abdelbaset Ali Mohmed al Megrahi, also point to another potentially important eye witness whose evidence was never followed up by detectives.

Those revelations, published on Megrahi’s website, further undermine the credibility of Tony Gauci, the Crown’s main witness at Camp Zeist.

The Herald revealed two years ago that Gauci and his brother Paul had been paid millions of dollars by US justice officials, but the amount is 50% more than previously thought, and the direct involvement of the Scottish officers who brought Megrahi to trial had not been made public.

It will fuel fears of a miscarriage of justice, and strengthen calls for an independent inquiry into Lockerbie.

A four-year investigation by the Scottish Criminal Cases Review Commission (SCCRC) found a number of documents which had not been shown to the defence. The non-disclosure would have been a key plank of Megrahi’s appeal, which he abandoned shortly before his release from Greenock Prison in August.

Megrahi, who is now receiving treatment for prostate cancer in Tripoli, is instead using his website to make his case. Yesterday’s extracts include references to letters written by Scottish police to the US Department of Justice, applying for a reward on behalf of the Gauci brothers.

Quote:
The papers reveal that Tony Gauci received more than $2m after the trial and Paul, who never testified at Camp Zeist but “exercised considerable control over his brother”, received more than $1m. The family previously had financial problems.


Megrahi’s website summary states: “Tony Gauci and Paul Gauci had both expressed an interest in financial reward prior to giving evidence at trial. None of the documents in which references to the brothers’ financial interest or to the FBI offers of reward was disclosed and no mention of this was made to the defence. Many of the references . . . were in diaries kept by police officers. Parts of the diaries were missing and, most unusually, no police notebooks were kept. Letters written by the Scottish police to the US Department of Justice applying for a reward on behalf of the Gauci brothers were also recovered.”

Another section suggests Megrahi might not have bought clothes later found next to the suitcase carrying the Lockerbie bomb.
Quote:
A new witness called David Wright claims to have seen other men buying them in Tony Gauci’s shop in Malta.


Quote:
In November 1989, Mr Wright called Dumfries and Galloway Police to say he had been in Mr Gauci’s shop when two Libyans bought similar clothing. He said Mr Gauci referred to them as “Libyan pigs”. But his statement was never followed up by police.


A Crown Office spokeswoman said yesterday: “All of these issues could have been raised during the course of the appeal which Mr Megrahi abandoned.”

Sounds like the good old Scottish Police we have all come to know
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Big Wullie



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PostPosted: Sat Oct 03, 2009 11:46 pm    Post subject: Reply with quote

Why would Megrahi's Brother be paid reward money when he wasn't even a witness ?

See reference to Tim Valentines Evidence here:

http://www.heraldscotland.com/new...s-he-just-after-the-cash-1.923752


Is this man key to Lockerbie ...or was he just after the cash?
Lucy Adams, Chief Reporter

0 commentsPublished on 3 Oct 2009

He was supposed to be the key figure in solving the biggest terrorist atrocity mainland Britain has ever suffered.


Tony Gauci, a Maltese shopkeeper, became the Crown’s key witness in the conviction of Abdelbaset Ali Mohmed al Megrahi, and was the one man who linked the suspect to clothes found in the suitcase that harboured the bomb.

But new allegations published yesterday, which would have been tested in court if the appeal that began in April had gone ahead, have ­undermined both his ­credibility and reliability.

Papers on Megrahi’s website reveal that Gauci and his brother Paul were interested in financial reward from the start of the case, and that between them they received at least $3m (£1.88m) at the end of the trial.

Previously-secret police reports dating back to 1999 indicate “the frustration of Tony Gauci that he will not be compensated” and that “in respect of Paul Gauci, it is apparent from speaking to him for any length of time that he has a clear desire to gain financial benefit from the position he and his brother are in relative to the case.

“As a consequence he exaggerates his own importance as a witness and clearly inflates the fears he and his brother have.

“He is anxious to establish what advantage he can gain from the Scottish police.

“Although demanding, Paul Gauci remains an asset to the case but will continue to explore any means he can to identify where financial advantage can be gained.”

Quote:
Offering witnesses financial remuneration is anathema to the Scottish system, and yet this information, uncovered by the investigation of the Scottish Criminal Cases Review Commission, was never disclosed to the defence. Megrahi’s website states: “It is a matter of common sense, and it has long been recognised in Scots law, that the existence of a financial interest and/or the offer of rewards to a witness is of considerable importance in relation to the credibility of that witness.


“Depending upon the nature and degree of any such interest or reward, the law may exclude the evidence of the witness, or leave the effect of same on the witness to be weighed by the jury.”

The now published papers suggest the police knew this. One quotation is telling: “When the inevitable reflections and media examinations take place in future years … nor is it anticipated would they ever seek to highlight any remuneration received”.

Megrahi’s website summary also states: “The documents also indicate that Tony Gauci had been visited by the Scottish police on more than 50 occasions – many, perhaps even the majority, of which were unrecorded.

“This information shows that the witness has significantly changed his position over time regarding the items sold.

“In addition there is a clear inference from the timing and context of these inconsistent statements that the witness has been influenced in his recollection by the police inquiries – either by being shown articles such as control samples or fragments or by discussion.”

Expert reports published for the first time on the website also question the validity of Mr Gauci’s identification of Megrahi.

Quote:
A report from Tim ­Valentine, professor of psychology at the University of London, claims that the first identification by Mr Gauci – in which he did not directly identify Megrahi – would have been the most accurate.

It also says that the circumstances before the line-up generated “a serious risk of mistaken identity”.


Steven Clark, professor of psychology at the University of California, and an expert in eyewitness identification, concluded that it would be “extremely unusual” for Mr Gauci to have made a correct identification, because of the passage of time since the incident (nine months before the first questioning) and all the other influences including the numerous newspaper and magazine reports he saw.
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Big Wullie



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PostPosted: Mon Oct 12, 2009 4:13 am    Post subject: Reply with quote

http://scotlandonsunday.scotsman....lammed-over-refusal-to.5722657.jp

SNP slammed over refusal to go public with latest Megrahi health reports



Published Date: 11 October 2009
By Eddie Barnes Political Editor
OFFICIALS are refusing to publish up-to-date medical reports about the health of the Lockerbie bomber, Abdelbaset Ali Mohmed al-Megrahi.
The reports, compiled by Megrahi's Libyan doctors, have been handed to East Renfrewshire Council as part of regular assessments the local authority is making on the bomber's licensed release.

The council's criminal justice social work team is in charge of monitoring Megrahi from his home in Tripoli and could, if the medical reports show an improvement in his health, ask him to return to jail.

East Renfrewshire Council claimed last week that the medical reports belonged to the Scottish Government's justice department, where they had been sent. But the Scottish Government then said it was up to East Renfrewshire to decide whether or not to release the reports, not them.

A spokesman said: "We have decided with East Renfrewshire that they should be the first point of contact. It is their responsibility."

An East Renfrewshire spokesman declared: "These reports contain personal information. They could be released only if Mr Megrahi agreed to it. It is the same as any other criminal justice case."

Opposition parties last night said all medical information about Megrahi should be placed in the public domain.

Megrahi, who is suffering from prostate cancer, was released on 20 August on compassionate grounds, after ministers declared that he would soon die. The official advice on compassionate release suggests that a prisoner can be released if death is likely to come soon, with three months as an "appropriate" time scale.

Megrahi will this week begin his ninth week of freedom at his home in Tripoli. Reports about his health have varied, some suggesting he is getting frailer, others declaring there remains optimism in Libya that he may make a recovery.

The decision not to release the new information on his health was slammed last night by opposition parties.

Bill Aitken, justice spokesman for the Scottish Tories said: "When the Lockerbie bomber became Britain's biggest mass murderer he lost the right to confidentiality. The SNP's handling of his release is riddled with doubts and this refusal to release the reports only adds to doubts."

Doubts about the medical reasons for Megrahi's release emerged not long after he was returned to Libya. The director of health and care at the Scottish Prison Service, Dr Andrew Fraser, said that Megrahi did meet the criteria for compassionate release. It then emerged that among those who had examined Megrahi "no specialist would be willing to say" whether or not he would live more or less than three months.


Dr Fraser's report did refer to another unnamed doctor who had observed a "significant" decline in Megrahi's health. As a result, Fraser concluded a three-month prognosis was a "reasonable estimate" for Megrahi's life expectancy.

No Chance of Megrahi ever returning to Prison.

Another article worth a read.

http://scotlandonsunday.scotsman....s-dodgy-dossier-Cracks.5601175.jp
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PostPosted: Mon Oct 12, 2009 11:53 pm    Post subject: Afraid Megrahi Would Die In Scots Prison Reply with quote

http://thescotsman.scotsman.com/s...ould-suffer-if-Megrahi.5726465.jp

So Megrahi was released so that trade would not suffer

Trade would suffer if Megrahi had died in jail, admits Miliband



Published Date: 13 October 2009
By David Maddox
FOREIGN Secretary David Miliband last night insisted that British interests "would be damaged, perhaps badly" if Abdelbaset Ali Mohmed al-Megrahi had been allowed to die in a Scottish jail.
His comments were the closest the British government has yet come to formally endorsing the release of the Lockerbie bomber.

In a statement to the Commons, Mr Miliband said: "Notwithstanding that any decision on release was for Scottish ministers and the Scottish judicial system, the UK government had a responsibility to consider the consequences of any Scottish decision.

"Although the decision was not one for the UK government, British interests, including those of UK nationals, British businesses and possibly security co-operation would be damaged, perhaps badly, if Megrahi were to die in a Scottish prison, rather than Libya.

"Given the risk of Libyan adverse reaction, we made it clear to them both that, as a matter of law and practice, it was not a decision for the UK government, and as a matter of policy we were not seeking Megrahi's death in Scottish custody."

He added that the government made "no apology" for its part in improving relations with Libya over the past decade, but insisted a prisoner-transfer deal signed with Tripoli was not an agreement to release the convicted mass murderer.

The statement follows hints by Prime Minister Gordon Brown that he supported the controversial release in August by Scottish justice secretary Kenny MacAskill of the only man convicted of blowing up Pan Am Flight 103 over Lockerbie on 21 December, 1988, which claimed 270 lives.

Former foreign minister Bill Rammell also confirmed that he gave the Libyans the same message in meetings running up to the decision.

And Mr Miliband's statement last night appeared to have left the Scottish Labour leader, Iain Gray, who opposed the release, further isolated.

A spokesman for the Scottish Government said: "All of the evidence supports the justice secretary's decisions to reject the prisoner transfer application and grant compassionate release to Mr Al-Megrahi to be sent back to Libya to die.

"The UK Labour position played no role whatever in the justice secretary's decisions to reject prisoner transfer and grant compassionate release.

However, in response to Mr Miliband, Tory MP Sir Malcolm Rifkind, who was Scottish secretary at the time of the Lockerbie bombing, accused the UK government of paying more attention to Libya than to the US.

Sir Malcolm said: "Never for a moment did I expect the person convicted of murdering 200 people to be released and sent home, after serving only eight years of a 27-year minimum sentence."

More:

http://www.heraldscotland.com/meg...amaged-british-interests-1.925781
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Big Wullie



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PostPosted: Sun Oct 18, 2009 2:04 am    Post subject: Reply with quote

http://thescotsman.scotsman.com/l...9-fury-at-MacAskill39s.5742501.jp

Plenty of colourful comments on this article:

Lockerbie families' fury at MacAskill's 'taunts'

Outspoken: MacAskill at SNP conference.


Published Date: 17 October 2009
By Eddie Barnes

KENNY MacAskill was last night criticised by relatives of those who died in the Lockerbie disaster, after using his decision to release the bomber to taunt his political opponents.
In his keynote address to the SNP conference in Inverness, Scotland's justice secretary received two standing ovations from the party faithful as he said that to act without mercy towards Abdelbaset Ali Mohmed al-Megrahi was to "debase the beliefs which we seek to uphold". He also mocked Labour MPs and MSPs who, he claimed, had told him they supported his decision in private, only to oppose it in public.

But Mr MacAskill's attack appeared to have backfired last night as relatives in the United States of those who died in the bombing of PanAm flight 103 in December 1988 said they were "surprised" by the sight of the justice secretary being applauded at the conference.

Frank Duggan, of the families group Victims of Flight 103, said: "I don't know what his political future will be, but the name 'MacAskill' will go down in history for his role in a miscarriage of justice."

He said that, instead of receiving ovations, Mr MacAskill must release all the medical information held on Megrahi's health, both before and since his release. The bomber, who was released on 20 August, is believed still to be at home in Tripoli, receiving treatment for prostate cancer.

He was released by Mr MacAskill on compassionate grounds after doctors concluded that a reasonable prognosis of his life expectancy was three months. That prognosis was vital, because guidelines suggest that inmates can be freed only if they have less than three months to live.

Megrahi will have been free for three months on 20 November, when Mr MacAskill can be sure to face further questions about the methodology behind his decision.

Yesterday, the Libyan embassy refused to comment on the convicted bomber's current state of health.

However, with the three-month date fast approaching, Mr MacAskill chose to go on the attack yesterday, claiming that his Labour opponents had failed a test of character over the decision.

In a parliamentary vote in September, all Labour MSPs, apart from the former health minister Malcolm Chisholm, voted against the decision to release Megrahi.

But Mr MacAskill said yesterday: "Iain Gray said he opposed my decision, but only after I had taken it. Gordon Brown couldn't decide whether he was for it or against it.

"Many Labour MPs and MSPs have since told me that they agreed with my decision, but none of them have spoken out."

He added: "Only Malcolm Chisholm had the courage of his convictions."

In a short, 18-minute speech, the justice secretary also said the Scottish Government's track record in taking "big decisions" had shown that "we've got what it takes".

He added: "Scotland's laws and Scottish values dictate that justice must be done, but that mercy must be available.

"To act otherwise would be to discard the values by which we see to live and debase the beliefs which we seek to uphold.

"I said in parliament that it was my decision and my decision alone," Mr MacAskill went on. "It was not based on political, economic or diplomatic grounds.

"It was taken the right way, for the right reasons, and I believe it was the right decision."

The claim that Labour MPs and MSPs had privately backed Mr MacAskill was rebutted by the party last night. However, at least one Labour MSP contacted by The Scotsman said there had been doubts expressed in private meetings before the parliamentary debate about the party's opposition to the decision.

The source said that there were only one or two MSPs who had expressed doubts about their opposition, before agreeing to swing behind their own leader.

Shadow justice secretary Richard Baker said that he was "personally sickened" by the sight of Mr MacAskill "grandstanding" on the issue of Megrahi's release.

He went on: "I know that most Scots agree with me that his decision to send Megrahi back to Libya was deeply wrong.

"Instead of trying to shift attention away from the mishandling of the process, I am challenging him to publish the representations of those who decried this decision."

But the pressure was applied by relatives in the US, who, following Mr MacAskill's speech, said he should release all the medical reports he received before Megrahi's release.

Mr Duggan said: "Instead of ovations, Mr MacAskill should have to release the medical diagnosis, if he has one, that he used as his reason to release the convicted bomber."

He said there were still questions about the advice which had been given to Mr MacAskill prior to the bomber's release.

He said: "The medical report (published by the Scottish Government] was redacted and presented privately by the doctors who were pressed into service.

"The report talked about Megrahi's mental problems and his depression from missing his family," said Mr Duggan. "That was totally irrelevant. What was at issue was his physical condition, not his mental state."

New medical reports have been received in Scotland from Megrahi's doctors in Libya.

Under the conditions of his licence, Megrahi must send back details of his condition every month. However, the authorities in Scotland say that, for legal reasons, they would not make it public. Theoretically, if Megrahi's health improved, he could be asked to return to prison in Scotland.

However, Mr Duggan said: "There are no privacy issues here that would prevent the release of medical information, since Megrahi was pleading for release based on his allegation that he had less than three months to live."

If Megrahi does survive for more than three months, focus is sure to return to the decision-making process. A report from the Scottish Prison Service (SPS) released in August showed there were doubts about Megrahi's life expectancy among the specialists who saw him before he was released.

The SPS medical report disclosed that: "Whether or not prognosis is more or less than three months, no specialist would be 'willing to say'."

However, Megrahi's personal physician said his condition "declined significantly" between 26 July and 3 August. Consequently, the report concluded that a life expectancy of three months was deemed a "reasonable estimate".



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