Call to give Lockerbie bomber bail
‘Compelling case’ to free terminally-ill Libyan pending his appeal, Court of Criminal Appeal told
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The case for releasing the cancer-stricken Lockerbie bomber on bail pending his appeal is compelling, a court heard yesterday.
Appeal judges in Edinburgh heard Abdelbaset Ali Mohmed Al Megrahi is terminally ill and should be released on compassionate grounds.
Al Megrahi’s defence team at the Court of Criminal Appeal in Edinburgh said the former Libyan intelligence agent did not have long to live and should be released to reside with his family in Scotland while receiving medical treatment. But prosecutors argue the gravity of the offence means he should remain in jail at HMP Greenock.
Al Megrahi, 56, is serving a life sentence with a minimum term of 27 years for the bombing of Pan Am Flight 103 in 1988 which led to the deaths of 270 people.
At the two-and-a-half-hour hearing before Scotland’s Lord Justice General Lord Hamilton, Lords Kingarth and Wheatley, defence counsel Maggie Scott told the court: “The appellant is terminally ill. He does not have long to live so bail is therefore sought on compassionate grounds.”
Ms Scott went on: “There is a compelling case for the release of this man on interim liberation.”
Prosecutor Ronnie Clancy QC said the gravity of the offence was the Crown’s primary opposition against granting bail. “The crime of which the appellant stands convicted is one of incomprehensible gravity,” he said.
The judges have now retired to consider whether Al Megrahi will be granted interim bail ahead of his appeal which is due to take place next year.
Their decision is expected at a later date.
Ms Scott told the court the bail application was “both unusual and compelling”.
In applying for interim bail, she referred to Al Megrahi’s forthcoming appeal.
This, she said, was an appeal of “substance” which could result in his conviction being overturned.
This substance, she added, included the quality of identification evidence, the reasonableness of the verdict which convicted Al Megrahi and the failure of the Crown to disclose information.
The defence QC also pointed to delays in holding the appeal and added that Al Megrahi’s liberty had been restricted for over 17 years.
The court heard Al Megrahi was married and had five children aged 10-25 and two grandchildren.
Ms Scott said his family had moved to Glasgow and had visas to visit and reside in Scotland. She added: “If released on bail he would reside with his family.”
Al Megrahi was not considered a “flight risk”. “There is no security issue in respect of granting interim liberation,” she said.
Ms Scott said Al Megrahi would receive palliative care but the success of this was “unpredictable”.
“The prognosis for success in terms of palliative treatment and in terms of longevity of life is poor,” she said.
Speaking outside the court, Al Megrahi’s solicitor Tony Kelly said: “I think we got a very fair hearing.”
Dr Jim Swire, whose daughter Flora died in the atrocity, was in court for the hearing.
He said: “There is excellent treatment available in Scotland and as a doctor I would like to see his suffering minimised.”
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