The SCCRC believes that a miscarriage of justice may have occurred in Mr Megrahi’s case by reason of two out of 6 grounds considered by the Commission
- ‘Ground 2: Unreasonable Verdict’ and ‘Ground 4: Non-disclosure’.
- ‘Ground 2: Unreasonable Verdict’ and ‘Ground 4: Non-disclosure’.
The SCCRC also concluded that it was in the interests of justice to refer the case. The Commission accepted that Mr Megrahi genuinely believed that his chances of being returned to Libya in 2009 rested upon him dropping his appeal. Mr Megrahi’s source of information for this belief was a member of the Libyan Government under Colonel Muammar Gaddafi. The Commission addressed whether or not it was reasonable for Mr Megrahi to rely upon this information. It accepted that Mr Megrahi had little option but to do so. Accordingly, the Commission concluded that the abandonment of the appeal ought not to be taken as a justifiable reason not to accept the case for further review.
History:
On 21 December 1988, Pan American (Pan Am) Flight 103 - a Boeing 747 en route from London Heathrow to New York - was destroyed by an improvised explosive device which detonated as the aircraft, flying at 31,000ft (FL310) approached the small Scottish town of Lockerbie. In all 270 people were killed: 243 passengers, 16 aircrew and 11 persons on the ground in Lockerbie.
The Air Accident Investigation Branch (AAIB) conducted a through investigation into the causes of the accident and published their report in 1990.
In 2000, a trial was held at Camp Zeist in the Netherlands. Scots criminal law applied. Two men were accused: Abdelbaset Al Mohmed Al Megrahi and Al Amin Khalifa Fhimah. The trial was conducted by three Scottish judges (Lords Sutherland, Coulsfield and Maclean) and a fourth judge (Lord Abernethy) shadowed the trial. The case was heard without a jury. (Scots Law usually requires a jury of 15 in "solemn procedure"). The legal authority for this trial was a Statutory Instrument - The High Court of Justiciary (Procedure in the Netherlands)(United Nations) Order 1998. This order, "nodded through" at Heathrow Airport by Her Majesty, dispensed with jury trial - see Article 5(3) of the Order. Her Majesty was on her way to Brunei and a Privy Council meeting was held at Heathrow Airport on 16th September 1998.
The Camp Zeist trial concluded in January 2001 and Al Megrahi was convicted of murder. Al Fhimah was acquitted. See Lockerbie verdict
Al Magraahi's appeal was heard at Camp Zeist. On 14 March 2002 the court - Lords Cullen, Kirkwood, Osborne, Macfadyen and Nimmo-Smith - handed down a lengthy judgment dismissing the appeal - Lockerbie appeal and BBC News 14 March 2002.
In August 2009, the Scottish Justice Secretary (Kenny MacAskill) decided to exercise his statutory power to give Al Megrahi compassionate release. He was then returned to Libya. MacAskill acted on the basis of medical opinion that Al Megrahi had prostate cancer and had just 3 months to live. He actually died in May 2012.
Also in 2009, Al Megrahi abandoned his appeal - see BBC 18th August 2009. There has been controversy over whether Al Megrahi's release was conditional on the appeal being dropped. However, the SCCRC did not accept that such a link existed but the Commission did accept that Mr Megrahi genuinely believed that his chances of being returned to Libya in 2009 rested upon him dropping his appeal.
Links:
Glasgow University School of Law - Lockerbie Trial Briefing Unit
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