This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/uk-scotland-27698626
The article has changed 4 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Lockerbie bombing: Megrahi family join fight for a new appeal | Lockerbie bombing: Megrahi family join fight for a new appeal |
| (about 1 hour later) | |
| The family of the Lockerbie bomber has instructed a Scottish lawyer to apply to have his conviction reviewed. | The family of the Lockerbie bomber has instructed a Scottish lawyer to apply to have his conviction reviewed. |
| They claim to have evidence Abdelbaset Ali al-Megrahi was pressured by ministers to drop his earlier appeal. | They claim to have evidence Abdelbaset Ali al-Megrahi was pressured by ministers to drop his earlier appeal. |
| He was allowed to return home to Libya in 2009, suffering from terminal prostate cancer, and died three years later. | He was allowed to return home to Libya in 2009, suffering from terminal prostate cancer, and died three years later. |
| The Scottish Criminal Cases Review Commission (SCCRC) has been asked to look again at his conviction. | The Scottish Criminal Cases Review Commission (SCCRC) has been asked to look again at his conviction. |
| The involvement of Megrahi's family may overcome a legal hurdle against a bid for a re-examination of the case. | The involvement of Megrahi's family may overcome a legal hurdle against a bid for a re-examination of the case. |
| Compassionate grounds | Compassionate grounds |
| The Libyan secret service agent, the only man convicted of Britain's worst act of terrorism, was jailed for life following his conviction in 2001, and ordered to serve a minimum of 27 years. | The Libyan secret service agent, the only man convicted of Britain's worst act of terrorism, was jailed for life following his conviction in 2001, and ordered to serve a minimum of 27 years. |
| He died in May of 2012, three years after being allowed out of prison on compassionate grounds. | He died in May of 2012, three years after being allowed out of prison on compassionate grounds. |
| Shortly before that, he had abandoned an appeal against his conviction which had been brought after a four-year investigation by the SCCRC. | Shortly before that, he had abandoned an appeal against his conviction which had been brought after a four-year investigation by the SCCRC. |
| Ministers have always claimed they played no part in this. | Ministers have always claimed they played no part in this. |
| But Aamer Anwar, the lawyer who is taking the case to the commission, said: "To date both the British government and Scottish government have claimed that they played no role in pressuring Mr Megrahi into dropping his appeal as a condition of his immediate release. | |
| "However the evidence submitted to the Commission today claims that this is fundamentally untrue." | |
| Mr Anwar added: "The fundamental question for the commission is whether it regards it as in the interests of justice to refer a case back to the High Court where the convicted person himself had commenced an appeal on a SCCRC reference and then chosen to abandon it? | |
| "The answer might depend on the precise circumstances in which the appellant came to abandon his appeal. | "The answer might depend on the precise circumstances in which the appellant came to abandon his appeal. |
| "Mr Megrahi's terminal illness; the fact that prisoner transfer was not open while the appeal was ongoing; and whether Mr Megrahi had no way of knowing that (Justice Secretary) Kenny MacAskill would ultimately opt for compassionate release rather than prisoner transfer or, as is alleged, that he was led to believe that he would not be released unless he dropped his appeal." | "Mr Megrahi's terminal illness; the fact that prisoner transfer was not open while the appeal was ongoing; and whether Mr Megrahi had no way of knowing that (Justice Secretary) Kenny MacAskill would ultimately opt for compassionate release rather than prisoner transfer or, as is alleged, that he was led to believe that he would not be released unless he dropped his appeal." |
| Mr Anwar, who is acting for six relatives of Megrahi, who are not being named because of the volatile political situation in Libya, has asked the commission to consider the grounds of appeal before the court when the last proceedings were abandoned. | Mr Anwar, who is acting for six relatives of Megrahi, who are not being named because of the volatile political situation in Libya, has asked the commission to consider the grounds of appeal before the court when the last proceedings were abandoned. |
| He has also asked the SCCRC to consider further evidence. | He has also asked the SCCRC to consider further evidence. |
| This includes claims that it was impossible for the bomb timer identified by prosecutors at Megrahi's trial to have been responsible for the bombing; and that there is evidence the bomb - which the court heard had been put onto a flight at Malta - had already been at Heathrow Airport, the flight's departure airport. | This includes claims that it was impossible for the bomb timer identified by prosecutors at Megrahi's trial to have been responsible for the bombing; and that there is evidence the bomb - which the court heard had been put onto a flight at Malta - had already been at Heathrow Airport, the flight's departure airport. |
| Relatives of some of the 270 victims of the bombing - led by Dr Jim Swire, whose daughter Flora died on Pan-Am Flight 103 - said they would seek to have the conviction reviewed. | Relatives of some of the 270 victims of the bombing - led by Dr Jim Swire, whose daughter Flora died on Pan-Am Flight 103 - said they would seek to have the conviction reviewed. |
| In a statement released last month, before it was known that Megrahi's family were to making a request to the SCCRC, the commission said it would have to decide whether Dr Swire and other bereaved relatives had a "legitimate interest" to be allowed to apply for a review. | In a statement released last month, before it was known that Megrahi's family were to making a request to the SCCRC, the commission said it would have to decide whether Dr Swire and other bereaved relatives had a "legitimate interest" to be allowed to apply for a review. |
| In a statement, it added: "If it is decided that Dr Swire has a 'legitimate interest' in this matter, the commission will also require to address whether it is 'in the interests of justice'." | In a statement, it added: "If it is decided that Dr Swire has a 'legitimate interest' in this matter, the commission will also require to address whether it is 'in the interests of justice'." |
| 'Real perpetrators' | 'Real perpetrators' |
| It said it would have to consider the fact that Megrahi abandoned his appeal in 2009 and that neither he nor any member of his family had lodged an application for a further review of his conviction prior to his death. | It said it would have to consider the fact that Megrahi abandoned his appeal in 2009 and that neither he nor any member of his family had lodged an application for a further review of his conviction prior to his death. |
| Dr Swire said: "If the verdict is unjustified then the extraordinary delay experienced thus far in redressing it has protected the real perpetrators from the probing of international justice. | Dr Swire said: "If the verdict is unjustified then the extraordinary delay experienced thus far in redressing it has protected the real perpetrators from the probing of international justice. |
| "It has also protected the systems which failed to protect our families. The review of the evidence and verdict still lie with us in Scotland. | "It has also protected the systems which failed to protect our families. The review of the evidence and verdict still lie with us in Scotland. |
| "We still have the option of re-examining this case in Scotland. If we do not do so, it will pass to others to examine and Scotland, her people and her law would be the losers." | "We still have the option of re-examining this case in Scotland. If we do not do so, it will pass to others to examine and Scotland, her people and her law would be the losers." |
| When the SCCRC announced in 2007 it was referring Megrahi's case back to the appeal court, its full statement of reasons extended to more than 800 pages and was accompanied by a further 13 volumes of appendices. | When the SCCRC announced in 2007 it was referring Megrahi's case back to the appeal court, its full statement of reasons extended to more than 800 pages and was accompanied by a further 13 volumes of appendices. |
| It is likely to be several months before the commission decides whether it can accept the case a second time. | It is likely to be several months before the commission decides whether it can accept the case a second time. |
| If it does, board members will be given time to study the terms of the application and the basis for the previous review and referral. | If it does, board members will be given time to study the terms of the application and the basis for the previous review and referral. |
| For the last review the commission took on extra legal staff to deal with the volume of material it was given. | For the last review the commission took on extra legal staff to deal with the volume of material it was given. |
| However, it has only retained the material which was necessary to support the case it made for an appeal hearing. The rest has been returned to legal teams who supplied it. | However, it has only retained the material which was necessary to support the case it made for an appeal hearing. The rest has been returned to legal teams who supplied it. |