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Lockerbie conviction decision due Lockerbie bomber allowed appeal
(2 days later)
A report into the Lockerbie bomber's conviction is expected to recommend the Libyan is granted a second appeal. The man convicted of the Lockerbie bombing has been granted leave to make a second appeal.
The Scottish Criminal Cases Review Commission has been investigating Abdelbasset Ali Mohmed al-Megrahi's conviction since 2003. Abdelbaset Ali Mohmed al-Megrahi was jailed for the 1988 atrocity in which 270 people died when Pan-Am flight 103 exploded over the Scottish town.
The Scottish Criminal Cases Review Commission, which has been investigating Megrahi's case since 2003, recommended the second appeal.
In light of the review findings, the Libyan reiterated his innocence.
The commission is responsible for looking into possible miscarriages of justice.The commission is responsible for looking into possible miscarriages of justice.
It can refer the conviction to the High Court for a second appeal or reject the submissions from Megrahi's legal team. GROUNDS OF REFERRAL Reasonableness of the trial court's verdictNew evidence not heard at the trialAdditional evidence, not made available to the defenceOther evidence, not made available to the defence class="" href="/1/hi/scotland/south_of_scotland/6248864.stm">In detail: Grounds of referral
Several grounds It said the Lockerbie review, which cost £1.1m, was a "difficult" one to deal with.
The commission is based in offices in Portland House in Glasgow. The chief executive of the group, Gerard Sinclair, said it was the "longest, the most expensive and singularly most complex case we have had to investigate and review".
Its report is said to contain more than 800 pages, along with several volumes of appendices. There were four main areas for referring the case back to court.
During more than three and a half years investigating the Lockerbie case, the commission reviewed new evidence alongside material which was available at the original trial. They included the "reasonableness" of the court's verdict; additional evidence; new evidence and "other" evidence.
It looked at the way Megrahi's defence was carried out, as well as the way the panel of three judges handled the case. Scotland's Lord Advocate Elish Angiolini said it was inappropriate for her to comment on the basis of the commission's decision.
It is expected the report will recommend several grounds for a review of Megrahi's conviction. Year away
Many American relatives would be likely to be upset at such recommendations putting doubt into the conviction of the man they believe to be responsible for killing their loved ones. However, she added that she had appointed Ronald Clancy QC and advocate Nick Gardiner as the Crown's counsel in the event of an appeal going ahead.
Some British relatives of Lockerbie crash victims will say their repeated demands for a full public inquiry have been vindicated. It is likely to be held in Scotland before a panel of three judges and is unlikely to be heard for about a year.
There are claims the Libyans were put in the frame in order to draw attention away from Iran and Syria, who America wanted as allies as it launched the first Gulf War. NEWS STATEMENT class="" href="http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/28_06_07_reviewlockerbie.pdf">The Scottish Criminal Cases Review Commission's news release [148KB] Most computers will open this document automatically, but you may need Adobe Reader href="http://www.adobe.com/products/acrobat/readstep2.html">Download the reader here
Appeal rejected The commission had the option to refer the case to the High Court for a second appeal or reject the submissions by Megrahi's lawyers.
The Glasgow-based body looked at the way Megrahi's defence was carried out, as well as the way the panel of three judges handled the case.
Announcing the decision, the chairman of the commission, the Very Reverend Dr Graham Forbes, said: "The commission has a very special role within the Scottish criminal justice system and has been given extensive statutory powers to enable it to carry out this role.
"The function of the commission is not to decide upon the guilt or innocence of an applicant.
"We are neither pro-Crown nor pro-defence. Our role is to examine the grounds of review identified, either by the applicant, a third party, or by our own investigations, and to decide whether any of the grounds meet our statutory test."
THE LOCKERBIE REVIEW Families welcome appeal 'Profound effects' of decision Case review: A lawyer writes Timeline: Lockerbie bombing In quotes: Appeal reaction
Megrahi said in a statement on Thursday that he was never in any doubt that he would be allowed a fresh appeal.
He added: "I was not involved in the Lockerbie bombing whatsoever.
"I am confident that when the full picture is put before the ultimate arbiters, the Lords Commissioners of Justiciary, I shall finally be recognised as an innocent man."
Scotland's First Minister Alex Salmond said the ability to look into alleged miscarriages of justice was a vital part of the criminal justice system, adding that it was now time to allow the independent legal process to take its course.
He told the Scottish Parliament: "Let us never forget that 270 men, women and children lost their lives in December 1988. Whatever the eventual outcome of this process, their loss can never be recovered."
VIEWS IN LOCKERBIEPeople in Lockerbie give their opinion on the appeal decisionIn detail
Lawyers representing Megrahi have always maintained he was the victim of a miscarriage of justice.Lawyers representing Megrahi have always maintained he was the victim of a miscarriage of justice.
He has already had one appeal following his conviction in January 2001.He has already had one appeal following his conviction in January 2001.
The appeal was heard at Kamp van Zeist, the former Dutch air base where he and his co-accused, Al-amin Khalifa Fhima, were tried. That was heard at Kamp van Zeist, the former Dutch air base where he and his co-accused, Al-amin Khalifa Fhima, were tried.
Fhima was acquitted and flew home to Tripoli. Mr Fhima was acquitted and flew home to Tripoli.
Megrahi's appeal was rejected in March 2002 and since then he has been held in Gateside Prison in Greenock.Megrahi's appeal was rejected in March 2002 and since then he has been held in Gateside Prison in Greenock.
The bombing of Pan-Am flight 103 claimed the lives of 270 people on 21 December 1988. On 21 December 1988, the Boeing 747 was en route from London to New York when it exploded in mid-air.
The Boeing 747 was en route from London to New York when it exploded in mid-air over the Scottish town of Lockerbie.
All 259 people on board were killed, along with 11 people on the ground.All 259 people on board were killed, along with 11 people on the ground.