shirleymckie.myfastforum.org

scotkaz · Joined: 28 Aug 2008 Posts: 527

http://www.theherald.co.uk/news/o...n_home_Megrahi_faces_decision.php

Desperate to clear his name and return to his native land, Abdelbaset Ali Mohmed al Megrahi faces a stark choice. By Lucy Adams

The man serving a 27-year sentence after being convicted of the Lockerbie bombing had to wait almost four years for the Scottish Criminal Cases Review Commission (SCCRC) to conclude that his conviction may have been a miscarriage of justice and refer his case for a fresh appeal.

Despite seemingly interminable delays, the appeal is timetabled to begin in April. But with his hopes so close to realisation, he now has to face up to the fact he may not live to see its conclusion.

Given the decision to pursue the appeal - expected to be one of the most complex in Scottish legal history - and face the prospect of dying thousands of miles from home in a Scots prison, or drop the legal proceedings and apply for a transfer to Libya, it is impossible to say what he should or will do, but officials are working behind the scenes to persuade him to opt for the latter option.

In November three judges at the Court of Criminal Appeal turned down his application for interim liberation pending the conclusion of the appeal because he had been diagnosed with advanced stage prostate cancer.

He could apply to Scottish ministers for "compassionate release", but the current guidelines suggest that only those with three months or less to live can be considered.

Since the Holyrood elections of May 2007, the Scottish Government has released two prisoners on such grounds - but both of them had less than three months to live.

There are relatives and campaigners including Dr Jim Swire, who lost his daughter Flora in the tragedy, who desperately want the appeal and the fresh evidence upon which it is based, to be heard in public.

A campaign group established last month by Dr Swire and Father Pat Keegans, who was the priest in Lockerbie at the time, argues that Megrahi should be released on compassionate grounds to allow him to be supported by his family at their home in Newton Mearns while the appeal takes place.

In December, his wife Aisha Megrahi publicly pleaded for his release to allow him to spend his remaining time with her and their five children.

"Please release him so he can spend what few days he has left at home with his family," she said.

But it seems unlikely that ministers would make an exception in the case of the man convicted of the biggest terrorist atrocity on mainland Britain, particularly as it could leave them open to claims from scores of other inmates.

As it stands, his legal team has not applied for release on "compassionate grounds". He is still keen to clear his name through the courts and return to Libya.

The appeal will begin on April 27 but is expected to run until the spring or summer of 2010.

In November the judges revealed "he could have years to live". However, officials are increasingly concerned that he might die in prison before it concludes. As The Herald reveals today, there is growing pressure from civil servants for Megrahi to sign up to a prisoner transfer instead.

In order to apply, he would have to drop the appeal as, for a transfer to be considered, there can be no live proceedings - a move thought to suit several key parties.

The conviction in 2001 was seen as a huge triumph for the Scottish legal establishment and a symbol of changing international relations. However, doubts about Megrahi's guilt have grown ever since.

A successful appeal would prove highly embarrassing, not just for the Scottish judicial system, and it is understood some members of the UK, American, and Libyan security agencies would prefer the case not to be reopened publicly.

Talks to establish a Prisoner Transfer Agreement (PTA) between Libya and the UK began in 2005 but the Foreign and Commonwealth Office has consistently denied that such discussions bear any relevance to Megrahi.

In contrast, Libyan officials have always made clear that from their point of view the discussions are all about finding a way to bring Megrahi home.

Jack Straw, the Foreign Secretary, was forced to admit that Scottish ministers would have the final say on whether to transfer Megrahi, following claims that Megrahi was a pawn in the recent £450m BP oil deal with Libya.

The agreement signed by Westminster means that any Libyan serving their sentence in the UK, who has no pending appeal, could be returned home. Under the law, those serving sentences in Scottish prisons could be moved only with the permission of Scottish ministers.

Alex Salmond, the First Minister, has made clear that Megrahi would serve his full sentence in Scotland and that he would, "defend the integrity of the Scottish judicial system, and uphold the international agreements that had previously been made".

The ultimate decision on whether to grant the PTA would lie with Kenny MacAskill, the Justice Secretary, and officials have made clear to the Libyans that they are prepared to go back on claims made by Mr Salmond which were "made more in relation to the murky politics of the deal in the desert than Megrahi".

Ultimately it seems an almost impossible decision for one man suffering a terminal illness to make, but this is not and never has been solely about one man, but about the international machinations and political dynamics of several countries - not least the US, Libya and the UK.

Timeline of events
# December 21, 1988
Bombing of PanAm 103 claims 270 lives, including 11 people in Lockerbie.

# November 14, 1991
Britain's largest criminal inquiry and three-year joint investigation with FBI results in indictments for murder against Abdelbaset Ali Mohmed al Megrahi and Al Amin Khalifa Fhimah, the Libyan Arab airlines station manager at Luqa airport, Malta.

# April 5, 1999
After protracted negotiations, Libya hands over the men to Scottish police.

# May 3, 2000
The trial begins of the two Libyans at a specially convened court at Camp Zeist in the Netherlands.

# January 31, 2001
Megrahi is found guilty and sentenced to life in prison, later set at 27 years, while Fhimah is acquitted.

# February 14, 2002
Appeal by Megrahi is rejected by a panel of five Scottish judges sitting at Camp Zeist.

# September 23, 2003
Megrahi's legal team appeals to the Scottish Criminal Cases Review Commission following concerns it may have been a miscarriage of justice.

# October 12, 2005
The Herald reveals that talks are under way aimed at transferring the man convicted of the Lockerbie bombing from Scotland to a prison in Libya or a neighbouring north African country. Westminster denies it.

# June 7, 2007
First Minister Alex Salmond reveals that a deal has been signed with Libya which could see prisoners being transferred, sparking a political outcry about accusations that Scottish ministers had not been consulted on the "deal in the desert" between Tony Blair and Colonel Gaddafi, before the Memorandum of Understanding was signed.

# June 28, 2007
Criminal Cases Review Commission concludes that conviction may have been a miscarriage of justice on six separate grounds.

# April 4, 2008
Mr Salmond clarifies that: "Anybody connected and convicted of the Lockerbie bombing should serve their sentences under Scottish jurisdiction. We will defend the integrity of the Scottish judicial system, and uphold the international agreements that had previously been made."

# November 14, 2008
Megrahi is refused bail despite being diagnosed with terminal cancer and judges agreeing that he is not a flight risk.

scotkaz · Joined: 28 Aug 2008 Posts: 527

In order to apply, he would have to drop the appeal as, for a transfer to be considered, there can be no live proceedings - a move thought to suit several key parties. From article above

so if he drops his appeal and says he is guilty then he might get compassionate release? Or have I read that wrong?

Angeline · Joined: 02 Oct 2008 Posts: 148

Not exactly, but it pretty much amounts to the same thing. If he drops his appeal there are "no live proceedings" so he becomes eligible for transfer as a prisoner - still, shamefully, no compassionate grounds.

It would clearly suit a lot of people with a lot to hide, and I suspect he'll be under a lot of pressure to cave in. What this article doesn't make clear, and I'd be interested to know is- if he drops the appeal, does he then apply for transfer, or do Scottish Ministers make the decision for him? Although it says ministers would "have the final say," it doesn't say who starts the ball rolling.

It would be a double tragedy if, because of this agreement, they could pressure him into dropping the appeal, then cart him off to Libya against his will. Mind you, if he dropped the appeal, there'd be no point in him staying in a Scottish prison, but you know what I mean.

The more that comes out about this case, the less the Scottish Government is covering itself in glory!
_________________
As long as one heart still holds on, then hope will never really be gone

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

The ultimate decision would be taken by Kenny MacAskill as Justice Secretary.

I wonder though if an interested party could lodge another appeal, Like Jim Swire after and if Megrahi drops his appeal.

Section 303 certainly allows for an interested party to lodge grounds in the event of death, so in any event once he dies it is open for others to lodge an appeal.

Could he be made to sign an agreement that none of his family will pursue any appeal after his death

Surely the victims deserve some sort of truth to come from any appeal too.

What a choice to be faced with, Return to spend your last Days or Months with your family or Die in a Stinking Rotten Scottish Jail.

I would opt for my family every time.

Fiscal · Joined: 23 Dec 2008 Posts: 111 Location: Edinburgh

In the event of his death, I think the chances of an appeal going ahead are minimal. I think that ministers would agree that some truth needs to be made available to victim's families and I have a funny feeling that they would be more in favour of a Public Enquiry. Although section 303A applies here....I think it would be rejected.
_________________
Mr Fiscal

W.Roughead · Joined: 25 Oct 2008 Posts: 120 Location: Scotland.

It is not so long ago that we all heard he wanted to remain in Scotland.

It was thought by him that his palliative care would be better. I have to say I would agree. Then again, I know nothing of the medical care in Libya for cancer sufferers.

Given the choices, I think most of us would want to be with our immediate family, whether that was here or elsewhere.
_________________
“Send not to know for whom the bell tolls – it tolls for thee.” John Donne.

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

It is not Megrahi that wants to return to Libya and his family, It is our corrupt officials that want him to return to allow their credibility to remain intact.

They are applying extreme pressure and playing on the human fact that anyone faced with Death would want to spend the remainder of their time with their families.

There will never be a public enquiry into this case, It is far too damaging.

But then again if the Archives can be opened in the Dunblane fiasco then why not Lockerbie.

Because I am complaining of Megrahi's defence team leader Taylor my case is closed for 75 years from the date of creation I am told.

A lousy two day trial for an Assault & Robbery is deemed more secret than Dunblane.

Certainly some serious questions need asking.

My sincerest sympathies go to Mr Megrahi & all his family.

My advice would be try to resist in this most difficult time, Something else might give way, The authorities do not want this appeal heard, that is pretty obvious.

Despite the above advice, as I have already said I would opt for my last days with my family rather than a dirty stinking rotten Scottish Jail every time, but this is what they are playing on now

kevin donald · Joined: 29 Oct 2007 Posts: 198

Al-Magrahi has a 3 day hearing next month, maybe its the start of the British goverment's bid to have the case go away.

HMA -v- Abdelbaset Al Megrahi XC524/07 Appeal Hearing 18/02/2009 1 Day 18/02/2009
Abdelbaset Al Megrahi Taylor & Kelly
HMA -v- Ryan Hargrave GG06000547 XC654/06 PSPGD07680106 Appeal Hearing 18/02/2009 1 Day 18/02/2009
Ryan Hargrave John MCGovern & Co
HMA -v- Abdelbaset Al Megrahi XC524/07 Appeal Hearing 19/02/2009 1 Day 19/02/2009
Abdelbaset Al Megrahi Taylor & Kelly
HMA -v- George STEWART EL05002556 XC681/07 PGP0353230705 Appeal Hearing 19/02/2009 1 Day 19/02/2009
George STEWART George Mathers
HMA -v- Abdelbaset Al Megrahi XC524/07 Appeal Hearing 20/02/2009 1 Day 20/02/2009
Abdelbaset Al Megrahi Taylor & Kelly

In my opinion if Magrahi stays and dies in a Scottish prison to many he will have become a martyr. and be more dangerous to the system.

Angeline · Joined: 02 Oct 2008 Posts: 148

The CCRC also allows for review of a case after death -

194b(4)
(4) For the purposes of this section "person" includes a person who is deceased.

so even if the Scottish Justice system itself refuses permission to appeal, there would still be the SCCRC route.
_________________
As long as one heart still holds on, then hope will never really be gone

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

Angeline

You are absolutely right in your assertion that section 194B (4) allows for an appeal even if the accused is dead.

Though they recently refused a historical one there is nothing to suggest they might reject one on Megrahi's case.

After all they have already made an opinion of his Innocence, How could they refuse after their damning statement of reasons for the appeal.

Remember one of their main isssues was to claim "No jury" properly directed could have reached the verdict they did.

The Jury in Megrahi's case was "Three High Court Judges"

This would be another route open to people like Jim Swire seeking Justice and Truth.