Lockerbie bomber’s lawyers say they should be allowed to see secret Government papers as they appeal against his conviction over terror outrage that killed 270
- It was claimed Abdelbaset al-Megrahi may have suffered miscarriage of justice
- He was jailed for life in 2001 for the 1988 bombing of London to New York flight
- Family lawyers now demand access to protected files held by the Government
Lawyers for Lockbie bomber Abdelbaset al-Megrahi have demanded access to secret Government papers as they appeal against his conviction over the 1988 terror attack which left 270 dead.
Lawyers for Megrahi’s family said it is ‘in the interest of justice’ that the defence get to see the two documents, which are covered by a public interest immunity certificate.
An appeal against Megrahi’s conviction was lodged after the Scottish Criminal Cases Review Commission (SCCRC) referred the case to the High Court in March, ruling a possible miscarriage of justice may have occurred.
The bombing of Pan Am flight 103, travelling from London to New York on December 21 1988, killed 270 people in Britain’s largest terrorist atrocity.
Former Libyan intelligence officer Megrahi – found guilty in 2001 of mass murder and jailed for life with a minimum term of 27 years – was the only person convicted.
Former Libyian intelligence officer Abdelbaset al-Megrahi is the only person to have been convicted of involvement in the Lockerbie bombing which claimed 270 lives
Lawyer Aamer Anwar arrives at Glasgow Training Rooms, Scotland, to take part in the first appeal hearing today
A virtual hearing took place today before the Lord President Lord Carloway, Lord Justice Clerk-Lady Dorian and Lord Menzies.
Claire Mitchell QC, representing the Megrahi family, said the defence should have access to the protected documents.
She told the court: ‘Given the passage of time these documents should fall now to be disclosed.
‘As the court will understand, the public interest immunity claimed in 2008 when the proceedings were ongoing in 2008, I would respectfully submit that should not be held to apply in 2020, the reason for that primarily is the passage of time must have an effect, particularly when one is talking about the ever changing world of international relations.
‘The information contained within the undisclosed documents must relate to events or actions that occurred prior to the 21st December 1988, that is the documents must relate to events or actions that occurred at least 32 years ago and it is respectfully submitted that given such a lapse it is also in the interest of justice that disclosure is made in respect of these matters.’
In its decision published in March, the SCCRC ruled a miscarriage of justice may have occurred in his case on two of the six grounds it considered in the review – unreasonable verdict and non-disclosure, saying the Crown ought to have disclosed certain information to the defence.
Ms Mitchell also said there had been a ‘systemic failure of disclosure’ over a range of other documents.
She told the court: ‘Looked at in the round, the question is whether or not there was a miscarriage of justice because that trial wasn’t fair because the failure to disclose was just systemic.’
Advocate Depute Ronald Clancy QC said the Crown had gone out of its way to be ‘transparent’ and provide material, and that part of the problem with the systemic failure argument is that no attempt was made to define what the proper system should have been at the time.
Ian Duguid QC, representing the Advocate General, said the Secretary of State for Foreign and Commonwealth Affairs continues to assert public interest immunity over the two protected documents.
The damaged aircraft cockpit of Pan Am 103 that exploded killing 270 people is pictured after the bombing
December 1988: Some of the wreckage of Pan Am Flight 103 after it crashed onto the town of Lockerbie in Scotland
He said the Secretary of State has given consideration to the argument over the passage of time and has lodged an updated public interest immunity certificate with the clerk of court, dated August 2020.
Mr Duguid said the validity of the certificate would need to be considered at a court hearing.
Lord Carloway said the judges would issue a written decision on Friday’s proceedings in due course, while the full appeal court hearing is provisionally scheduled to start on November 23 before five judges.
Megrahi’s first appeal against his conviction was refused by the High Court in 2002 and referred back five years later following an SCCRC review.
He abandoned this appeal in 2009, shortly before his release from prison on compassionate grounds. He died in 2012.
Who was Lockerbie bomber Abdelbaset al-Megrahi?
Former Libyian intelligence officer Abdelbaset al-Megrahi is the only person to have been convicted of involvement in the Lockerbie bombing which claimed 270 lives
Former Libyian intelligence officer Abdelbaset al-Megrahi is the only person to have been convicted of involvement in the Lockerbie bombing which claimed 270 lives.
Was jailed in 2001 for his role in the attack which brought down Pan Am flight 103 on December 21, 1988, in what became the worst terrorist attack on British soil.
The Boeing 747 jet took off from London Heathrow airport around 30 minutes before it exploded as it cruised at 31,000 feet above the Scottish borders.
Al-Megrahi was convicted on the basis of evidence from Maltese shop owner Tony Gauci, who died in 2016 aged 75.
Mr Gauci ran a clothes shop in Swieqi, Malta, at the time of the bombing of Pan Am flight 103 and claimed that Megrahi bought a piece of clothing found among the debris of the aircraft.
His evidence helped to secure the 2001 conviction of the former Libyan intelligence officer for the atrocity in which 270 people died, including 11 people on the ground. But some doubts were subsequently raised about Mr Gauci’s reliability.
Megrahi was the only person to have been convicted of the bombing over the south of Scotland on December 21 1988.
He was jailed for life but an investigation by the Scottish Criminal Cases Review Commission (SCCRC) led to a finding in 2007 of six grounds where it is believed a miscarriage of justice may have occurred, paving the way for a second appeal.
The Libyan dropped that appeal in 2009 before being released from jail on compassionate grounds due to his terminal prostate cancer. He died protesting his innocence in Libya in 2012.
The trial judgment detailed how the three judges were satisfied Megrahi had walked into Mr Gauci’s shop and bought items of clothing which ended up packed around the bomb that exploded in a suitcase on board the flight.
Al-Megrahi, pictured here following his release from prison on compassionate grounds in 2009 claimed he was innocent of the crime