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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, 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. |