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| Lockerbie bomber bail bid fails | Lockerbie bomber bail bid fails |
| (10 minutes later) | |
| The man convicted of the Lockerbie bombing will remain in jail while his appeal continues, a court has ruled. | 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 judgement on the bail application was delivered on Friday by the Lord Justice General Lord Hamilton, along with Lord Kingarth and Lord Wheatley. | The judgement on the bail application was delivered on Friday by the Lord Justice General Lord Hamilton, along with Lord Kingarth and Lord Wheatley. |
| 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. READ THE JUDGEMENT Megrahi bail application [28KB] Most computers will open this document automatically, but you may need Adobe Reader Download the reader here | 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. READ THE JUDGEMENT Megrahi bail application [28KB] Most computers will open this document automatically, but you may need Adobe Reader Download the reader here |
| "On balance the court is not persuaded, on the information before it, that it should," he said. | "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. | "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 full services of the National Health Service are available to him, notwithstanding he is in custody." |
| He added that there appeared to be no immediate prospect of serious deterioration in his condition. | He 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," said Lord Hamilton. | "If he responds well to the course of palliative treatment which he has now started, his life expectancy may be in years," said Lord Hamilton. |
| However, the judges said they would consider a fresh appeal for bail if the Libyan's prognosis became "both more certain and poorer". | However, the judges said they would consider a fresh appeal for bail if the Libyan's prognosis became "both more certain and poorer". |
| Outside court, a statement was read by Professor Robert Black on behalf of Dr Jim Swire, whose daughter Flora was killed on Flight 103. | Outside court, a statement was read by Professor Robert Black on behalf of Dr Jim Swire, whose daughter Flora was killed on Flight 103. |
| Prof Robert Black reads a relative's statement: 'This looks uncomfortably like an aspect of revenge or timidity' | Prof Robert Black reads a relative's statement: 'This looks uncomfortably like an aspect of revenge or timidity' |
| He said he believed Scottish justice had missed a "golden opportunity" to show mercy to a dying man who posed little risk of absconding or reoffending. | He said he believed Scottish justice had missed a "golden opportunity" to show mercy to a dying man who posed little risk of absconding or reoffending. |
| "It is difficult, therefore, to see what justification there could be for today's decision," he said. | "It is difficult, therefore, to see what justification there could be for today's decision," he said. |
| "It is, of course, true that with so many victims' relatives involved there would have been harsh criticism from some had he been released. | "It is, of course, true that with so many victims' relatives involved there would have been harsh criticism from some had he been released. |
| "For some of those it would have caused real distress." | "For some of those it would have caused real distress." |
| Dr Swire said the UK Families Flight 103 group had never sought revenge but the court's verdict looked "uncomfortably like either an aspect of revenge or perhaps timidity". | Dr Swire said the UK Families Flight 103 group had never sought revenge but the court's verdict looked "uncomfortably like either an aspect of revenge or perhaps timidity". |
| He added that he hoped the Libyan would now apply to the Scottish Government for release. | He added that he hoped the Libyan would now apply to the Scottish Government for release. |
| However, Kathleen Flynn who lost her son JP at Lockerbie, said she believed justice had prevailed. | However, Kathleen Flynn who lost her son JP at Lockerbie, said she believed justice had prevailed. |
| "It just doesn't make any sense to me that we would let somebody out of prison when they blew up an American plane," she said. | "It just doesn't make any sense to me that we would let somebody out of prison when they blew up an American plane," she said. |
| Solicitor Tony Kelly read a statement on behalf of Megrahi. | Solicitor Tony Kelly read a statement on behalf of Megrahi. |
| 'Difficult time' | 'Difficult time' |
| "I am very distressed that the court has refused me bail pending the hearing of my appeal and the chance to spend my remaining time with my family," he said. | "I am very distressed that the court has refused me bail pending the hearing of my appeal and the chance to spend my remaining time with my family," he said. |
| "I wish to reiterate that I had nothing whatsoever to do with the Lockerbie bombing and that the fight for justice will continue regardless of whether I am alive to witness my name being cleared." | "I wish to reiterate that I had nothing whatsoever to do with the Lockerbie bombing and that the fight for justice will continue regardless of whether I am alive to witness my name being cleared." |
| He also thanked the people who had sent him letters of support and asked that the privacy of his family be respected at a "very difficult time". | He also thanked the people who had sent him letters of support and asked that the privacy of his family be respected at a "very difficult time". |
| Megrahi was convicted of the Lockerbie bombing in 2001. | Megrahi was convicted of the Lockerbie bombing 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. |
| That process got under way in June 2007 and is still ongoing. | That process got under way in June 2007 and is still ongoing. |