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Lockerbie families fight for appeal at High Court in Edinburgh Lockerbie families lose fight for appeal against bomber conviction
(about 4 hours later)
The High Court in Edinburgh is to hear legal arguments from relatives of some of the Lockerbie bombing victims. Relatives of Lockerbie bombing victims will not be allowed to pursue an appeal on behalf of the only man convicted of the crime, judges have ruled.
The families want to pursue a miscarriage of justice appeal on behalf of relatives of the man convicted of the bombing, Abdelbaset Ali al-Megrahi. Families argued they should have the right to carry forward the miscarriage of justice appeal for Abdelbaset Al-Megrahi, who died in 2012.
He died of cancer in May 2012. But three judges at the appeal court in Edinburgh have ruled that this is not possible under Scots law.
The Scottish Criminal Cases Review Commission has asked the high court to establish if the families of the victims can be classed as persons with a legitimate interest. The families said they would continue their "fight for justice".
The lawyer acting for some of the British families of those who died has said they maintain that they have as much a right to pursue an appeal as the Megrahi family because they also believe the wrong person was convicted. Megrahi's own family still have the right to appeal on his behalf.
Next of kin
However, their lawyers have said that the situation in Libya makes this difficult.
The Scottish Criminal Cases Review Commission had asked the High Court to establish whether the families of the victims could be classed as persons with a legitimate interest.
Courts had previously ruled that only the executor of a dead person's estate or their next of kin could proceed with a posthumous application.
A hearing took place at the Appeal Court in Edinburgh before the Lord Justice Clerk Lord Carloway, sitting with Lord Brodie and Lady Dorrian.
Delivering their judgment, Lord Carloway said the law was "not designed to give relatives of victims a right to proceed in an appeal for their own or the public interest".
However, Aamer Anwar, solicitor for the Megrahi family and 26 British relatives of Lockerbie victims, said the fight would continue.
"It is regularly claimed that we place victims at the heart of the justice system, so why should the families of murder victims not have a legitimate interest in seeking to overturn the wrongful conviction of the person convicted of the murder of their loved ones?" he asked.
"Justice does not die with the accused, in this case Abdelbaset al-Megrahi.
"Despite 26 long years since the Lockerbie bombing the families will not give up their fight for justice and the truth. The matter is not concluded as we remain instructed by al-Megrahi's family."
Called into question
In December, Scotland's top prosecutor reaffirmed his belief that Megrahi was guilty of killing 270 people in the bombing.In December, Scotland's top prosecutor reaffirmed his belief that Megrahi was guilty of killing 270 people in the bombing.
Lord Advocate Frank Mulholland said no Crown Office investigator or prosecutor had ever raised concerns about the evidence used to convict Megrahi.Lord Advocate Frank Mulholland said no Crown Office investigator or prosecutor had ever raised concerns about the evidence used to convict Megrahi.
Megrahi's part in the bombing has been called into question in a series of books and documentaries.Megrahi's part in the bombing has been called into question in a series of books and documentaries.
Analysis by Glenn Campbell, BBC Scotland correspondentAnalysis by Glenn Campbell, BBC Scotland correspondent
A posthumous appeal against conviction is possible if it's deemed to be in the "interests of justice".A posthumous appeal against conviction is possible if it's deemed to be in the "interests of justice".
But there's another test. The Scottish Criminal Cases Review Commission (SCCRC) must be satisfied that those seeking an appeal have a "legitimate interest" in the case.But there's another test. The Scottish Criminal Cases Review Commission (SCCRC) must be satisfied that those seeking an appeal have a "legitimate interest" in the case.
Members of the Megrahi family would be expected to qualify and on paper they are backing this attempt to force a re-examination of the evidence. Members of the Megrahi family would be expected to qualify and on paper they were backing this attempt to force a re-examination of the evidence.
But the SCCRC has become convinced that the application is only "actively supported" by Dr Jim Swire and other UK victims' relatives.But the SCCRC has become convinced that the application is only "actively supported" by Dr Jim Swire and other UK victims' relatives.
Never before has a murder conviction been appealed in these circumstances.Never before has a murder conviction been appealed in these circumstances.
A judge is being asked to decide if victims' relatives have the right to seek to clear the name of the only man found guilty of killing their loved ones. The judges were being asked to decide if victims' relatives had the right to seek to clear the name of the only man found guilty of killing their loved ones.
Dr Swire has argued that there's "no doubt" relatives are valid applicants.Dr Swire has argued that there's "no doubt" relatives are valid applicants.
But US victims' families have made clear they do not support a fresh appeal and have accused Dr Swire of pursuing a "disgraceful" campaign. But US victims' families had made clear they did not support a fresh appeal and have accused Dr Swire of pursuing a "disgraceful" campaign.
A petition seeking "Justice For Megrahi", backed by politicians and family members of some victims, remains on the Scottish Parliament's books. A petition seeking "Justice For Megrahi", backed by politicians and family members of some victims, also remains on the Scottish Parliament's books.
Supporters of Megrahi, who was said by the FBI to have been a Libyan intelligence officer, have claimed that Scottish prosecutors ignored evidence that the bomb was put on board the flight at Heathrow rather than in Malta.
They have also alleged Libya was "framed" over the bombing, and that a fragment of the bomb's timer was either planted or manipulated to implicate the North African country and to turn attention away from Syria and Iran.
The Pan Am flight exploded at 31,000ft over Lockerbie, in the south of Scotland, on 21 December 1988.The Pan Am flight exploded at 31,000ft over Lockerbie, in the south of Scotland, on 21 December 1988.
As well as 259 people on board the aircraft, 11 residents of Lockerbie died on the ground as a result of a giant fireball caused when a wing holding thousands of gallons of fuel exploded on impact.As well as 259 people on board the aircraft, 11 residents of Lockerbie died on the ground as a result of a giant fireball caused when a wing holding thousands of gallons of fuel exploded on impact.
The Scottish government released Megrahi on compassionate grounds in August 2009 after he was diagnosed with terminal cancer and given six months to live.The Scottish government released Megrahi on compassionate grounds in August 2009 after he was diagnosed with terminal cancer and given six months to live.
He returned to Libya, where he died in May 2012, still protesting his innocence.He returned to Libya, where he died in May 2012, still protesting his innocence.