Friday, August 14, 2009

Lockerbie bomber withdraws appeal - BBC News

The man convicted of the Lockerbie bombing has applied to abandon his second appeal against his conviction, his lawyers have said.

Abdelbaset Ali al-Megrahi
Megrahi's second appeal against
conviction started this year

The news comes after the BBC reported that Abdelbaset Ali al-Megrahi looked set to be freed on compassionate grounds next week.

The Libyan, who has terminal cancer, is serving a life sentence for the murder of 270 people in December 1988.

Lawyers said his condition had taken a "significant turn for the worse".

The Scottish Government insisted that the move was unconnected to any decision it would make about transferring Megrahi to Libya or releasing him on compassionate grounds.

A prisoner transfer cannot take place if criminal proceedings are active.

However, the appeal does not need to be dropped to allow his release on compassionate grounds.

Megrahi's lawyers said he had applied to the High Court in Edinburgh two days ago to abandon his appeal against conviction.

A spokesman for the legal firm Taylor and Kelly said: "As the appeal hearing has commenced... leave of the court is required before the appeal can be formally abandoned."

Brian Taylor
Brian Taylor, BBC Scotland political editor
The Scottish legal system might well welcome closure of this protracted, challenging case.

The counter point of view, advanced by Nationalist MSP Christine Grahame among others, is that Scottish justice is better served by persisting in efforts to dig out the truth.

Then there is the issue of compassion. Megrahi is said to be terminally ill with prostate cancer. Regardless of other issues, should the justice secretary pay heed to that?

Either way, relatives of those who died are decidedly not content.

There are those who believe that Megrahi is guilty and who say there should be no deal whatsoever: he should remain in jail in Scotland.

Those who believe he is innocent - and consequently welcome his release - nevertheless are voicing distress that the emerging shape of events means that the search for further information will be stalled.

A court hearing to discuss the application will take place in Edinburgh next Tuesday.

South of Scotland SNP MSP Christine Grahame, who has met Megrahi several times in prison, said she believed he had been put under pressure to drop his appeal.

She said: "I know from the lengthy discussions I had with him that he was desperate to clear his name, so I believe that the decision is not entirely his own.

"There are a number of vested interests who have been deeply opposed to this appeal continuing as they know it would go a considerable way towards exposing the truth behind Lockerbie.

"Some serious scrutiny will be required to determine exactly why Mr Megrahi is now dropping his appeal and examination of what pressure he has come under."

She renewed her calls for a full public inquiry into the bombing.

She added: "In the next days, weeks and months new information will be placed in the public domain that will make it clear that Mr Megrahi had nothing to do with the bombing of Pan Am 103."

Conservative justice spokesman Bill Aitken said clarity was needed from the Scottish Government.

"Too much of this story has been characterised by secret briefings, hints of special deals and international cloak and dagger," he said.

Mr Megrahi's appeal is entirely a matter for the court, Mr Megrahi and his legal team
Scottish Government spokeswoman

"The Lockerbie atrocity cannot descend into this kind of diplomacy by spin and stealth."

He said there needed to be "compelling medical evidence of extreme ill health" before any release on compassionate grounds.

The Scottish Government dismissed claims of pressure to drop the appeal as "baseless and ill-informed speculation".

A spokeswoman said this could stem from "confusion" over the different criteria that applied for a prisoner transfer and early release on compassionate grounds.

"Mr Megrahi's appeal is entirely a matter for the court, Mr Megrahi and his legal team," she said.

"It would be inappropriate for the Scottish Government to make any comment on the appeal and they have not done so."

'Right thing'

It emerged on Wednesday that Megrahi could be released on compassionate grounds by the end of next week.

That prompted a mixed response from families of victims of the bombing.

Kathleen Flynn, whose son was killed, said he should "never qualify for anything compassionate".

However, Martin Cadman, who also lost his son, said he believed it was the "right thing to do".

The Scottish Government has insisted that no decision has yet been made on the Libyan's fate.

Megrahi was convicted of murder in January 2001 at a trial held under Scottish law in the Netherlands.

A first appeal against that verdict was rejected the following year.

His second appeal got under way this year but shortly afterwards applications were made for both his transfer to a Libyan jail and release on compassionate grounds.

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