I’ll fight from beyond the grave, says sick Lockerbie bomber as bail denied
Cancer-stricken Al Megrahi refused chance to spend remaining time with family
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The cancer-stricken Lockerbie bomber vowed yesterday to continue the fight to clear his name after losing his attempt to be freed from jail.
Abdelbaset Ali Mohmed Al Megrahi applied for interim release from jail pending the outcome of an appeal against conviction.
But judges at the Court of Criminal Appeal in Edinburgh rejected the application yesterday.
It was disclosed last month that the 56-year-old former Libyan intelligence agent had been diagnosed with prostate cancer and that the disease had spread to other parts of his body.
Al Megrahi, who has consistently denied any involvement in the bombing, said he was “distressed” by the ruling and said his “fight for justice” will continue – from beyond the grave if necessary.
The father of one of the British Lockerbie victims said yesterday that it was difficult to see the justification for the decision to refuse bail.
But an American man whose son also died in the atrocity said he believed Al Megrahi should spend the rest of his life behind bars.
The Libyan, who was not in court for the hearing, 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.
He lost an appeal in 2002 but was given a fresh chance to clear his name last June when the Scottish Criminal Cases Review Commission (SCCRC) referred his case back to appeal judges for a second time.
His second appeal is due to be heard next year.
In a statement read outside court by his solicitor, Tony Kelly, Al Megrahi said: “I am very distressed that the court has refused me bail pending the hearing of my appeal and the chance to spend my remaining time with my family. I wish to reiterate that I had nothing whatsoever to do with the Lockerbie bombing and that the fight for justice will continue, regardless of whether I am alive to witness my name being cleared.”
The judgment was delivered by Lord Justice General Lord Hamilton with Lords Kingarth and Wheatley.
Lord Hamilton said: “The critical question, as the court sees it, is, against the background of the atrocity of which the applicant stands convicted, whether the applicant’s health – present and prospective – is such as the court should on compassionate grounds now admit him to bail.
“On balance the court is not persuaded, on the information before it, that it should. While the disease from which the appellant suffers is incurable and may cause his death, he is not at present suffering material pain or disability.”
The judges said Al Megrahi may still have years to live.
They added: “While recognising that the psychological burden of knowledge of an incurable fatal disease may be easier to bear in a family environment than in custody, the court, having regard to the grave nature of the conviction and taking into account the fact that a reference has been made and the fact that the appeal process is likely to be protracted, is not persuaded that the stage has been reached when early release is appropriate.”
At a hearing last week, appeal judges were told that a “compelling case” existed for releasing Al Megrahi on bail pending his appeal.
The court heard he was terminally ill and should be released on compassionate grounds.
Al Megrahi’s defence team said he did not have long to live and should be released to reside with his family in Scotland while receiving medical treatment.
But prosecutors argued that the “incomparable gravity” of the offence meant he should remain in prison at HMP Greenock.
In a statement read out by Edinburgh law professor Robert Black, Jim Swire, the British relatives’ spokesman whose daughter, Flora, died in the atrocity, said it was “tragic” that Scottish justice had “missed a golden opportunity to display mercy”.
“No doubt the prisoner will now apply to (Scottish justice minister) Kenny MacAskill for release on compassionate grounds,” said Mr Swire.
“Personally, I hope that he does – and that he succeeds.
“A mix of courage and compassion is required. Both are Christian virtues, I believe.”
But Robert Monetti, from New Jersey, whose son, Rick, died in the atrocity, said he believed the decision to keep Al Megrahi behind bars was the right one.
“His defence team have failed to come up with anything that would suggest that Al Megrahi isn’t guilty,” he said. “He should be in jail – the man killed 270 people, has not even admitted his guilt, and we are supposed to be compassionate towards him?”
A Scottish Government spokesman said: “We have had no application for compassionate leave. Therefore, the government has nothing to consider at this stage.”
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