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Lockerbie bomber bail bid fails Lockerbie bomber bail bid fails
(41 minutes later)
The man convicted of the Lockerbie bombing will remain in jail while his appeal continues. The man convicted of the Lockerbie bombing will remain in jail while his appeal continues, a court has ruled.
Lawyers for Abdelbaset Ali al-Megrahi, who has advanced prostate cancer, had asked the Appeal Court in Edinburgh to grant him interim liberation.Lawyers for Abdelbaset Ali al-Megrahi, who has advanced prostate cancer, had asked the Appeal Court in Edinburgh to grant him interim liberation.
The Libyan is appealing against his conviction for the murder of 270 people when Pan Am Flight 103 exploded over Lockerbie in 1988.The Libyan is appealing against his conviction for the murder of 270 people when Pan Am Flight 103 exploded over Lockerbie in 1988.
A full hearing is likely to take place in the middle of next year.A full hearing is likely to take place in the middle of next year.
The judgment on the bail application was delivered on Friday by the Lord Justice General Lord Hamilton, along with Lord Kingarth and Lord Wheatley.
If he responds well to the course of palliative treatment which he has now started, his life expectancy may be in years Appeal Court judgment
Lord Hamilton said the "critical question" was whether the applicant's health condition was such that the court should allow him bail on compassionate grounds.
"On balance the court is not persuaded, on the information before it, that it should," he said.
"While the disease from which the appellant suffers is incurable and may cause his death, he is not at present suffering material pain or disability.
"The full services of the National Health Service are available to him, notwithstanding he is in custody."
The court statement added that there appeared to be no immediate prospect of serious deterioration in his condition.
"If he responds well to the course of palliative treatment which he has now started, his life expectancy may be in years," it said.
However, the judges said they would consider a fresh appeal for bail if the Libyan's prognosis became "both more certain and poorer".
Megrahi was convicted of the atrocity in 2001.Megrahi was convicted of the atrocity in 2001.
He has already lost a first appeal against that decision but the Scottish Criminal Cases Review Commission (SCCRC) ruled another one should take place.He has already lost a first appeal against that decision but the Scottish Criminal Cases Review Commission (SCCRC) ruled another one should take place.
'Common humanity''Common humanity'
That process got under way in June 2007 and has been the subject of lengthy legal debate.That process got under way in June 2007 and has been the subject of lengthy legal debate.
Megrahi's lawyers applied for him to be released on bail last month after it was revealed he had cancer.Megrahi's lawyers applied for him to be released on bail last month after it was revealed he had cancer.
They cited his forthcoming appeal as a reason to grant his freedom.They cited his forthcoming appeal as a reason to grant his freedom.
It was also argued there was no security risk in allowing his interim liberation.It was also argued there was no security risk in allowing his interim liberation.
Dr Jim Swire, the father of one of the Lockerbie victims, described it as a question of "common humanity".Dr Jim Swire, the father of one of the Lockerbie victims, described it as a question of "common humanity".
However, prosecutors argued that the gravity of the offence meant Megrahi should remain in jail.However, prosecutors argued that the gravity of the offence meant Megrahi should remain in jail.