A third appeal against the conviction of dead Libyan spy Abdelbaset al-Megrahi for the Lockerbie bombing brought by the convicted murderer’s son is under way at the High Court in Edinburgh today.
The downing 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, who was found guilty in 2001 of mass murder and jailed for life with a minimum term of 27 years, was the only person convicted of the attack.
An appeal against his 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.
Judges then granted his son, Ali al-Megrahi, permission to proceed with the appeal in relation to the argument that ‘no reasonable jury’ could have returned the verdict the court did, and on the grounds of non-disclosure of documents by the Crown.
The virtual hearing started in Edinburgh today.
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. He was freed in 2009 and returned to Libya because of terninal illness. He died three years later
British lawyer Aamer Anwar (C) arrives with members of his team at a venue in Glasgow on November 24, 2020 to take part on the opening day of a posthumous appeal against the conviction of Libyan. They were attending a virtual hearing, held in
The damaged aircraft cockpit of Pan Am 103 that exploded killing 270 people is pictured after the bombing
December 1988: The homes of the people of Lockerbie after the plane was blown from the sky above the small town in Dumfries and Galloway
In a statement issued before the hearing started, family lawyer Aamer Anwar, who represents the family, said: ‘It has been a long journey in the pursuit for truth and justice.
‘When Pan Am Flight 103 exploded over Lockerbie nearly 32 years ago, killing 270 people from 21 countries, it remains the worst terrorist atrocity ever committed in the UK.
‘Since then the case of Abdelbasset Al-Megrahi, the only man ever convicted of the crime, has been described as the worst miscarriage of justice in British legal history.’
He added: ‘The reputation of the Scottish criminal justice system has suffered internationally because of widespread doubts about the conviction of Mr Al-Megrahi.
‘It is in the interests of justice that these doubts can be addressed; however, he was convicted in a Scottish court of law and that is the only appropriate place for his guilt or innocence to be determined.’
The appeal, which is taking place virtually, began on Tuesday and is being heard before five judges, including Lord President Lord Carloway.
Claire Mitchell QC, representing the Megrahi family, told the court: ‘It is submitted in this case that no reasonable jury properly directed could have returned the verdict that it did, namely the conviction of Mr Megrahi.’
In a statement issued before the hearing started, lawyer Aamer Anwar, who represents the family, said: ‘It has been a long journey in the pursuit for truth and justice.
‘When Pan Am Flight 103 exploded over Lockerbie nearly 32 years ago, killing 270 people from 21 countries, it remains the worst terrorist atrocity ever committed in the UK.
‘Since then the case of Abdelbaset al-Megrahi, the only man ever convicted of the crime, has been described as the worst miscarriage of justice in British legal history.’
He added: ‘The reputation of the Scottish criminal justice system has suffered internationally because of widespread doubts about the conviction of Mr al-Megrahi.
‘It is in the interests of justice that these doubts can be addressed; however, he was convicted in a Scottish court of law and that is the only appropriate place for his guilt or innocence to be determined.’
tLawyer Aamer Anwar, alongside Libyan Consultant Ferial El Ayeb, said: ‘The case of Abdelbasset Al-Megrahi, the only man ever convicted of the crime, has been described as the worst miscarriage of justice in British legal history.’ It is the third appeal on the case
The scene of devastation caused by the explosion of a 747 Pan Am Jumbo jet over Lockerbie, that crashed 21 December on the route to New-York, with 259 passengers on board. All 243 passengers and 16 crew members were killed as well as 11 Lockerbie resident
Megrahi’s first appeal against his conviction was refused by the High Court in 2002 and was referred back five years later following an SCCRC review.
He abandoned this second appeal in 2009, shortly before his release from prison on compassionate grounds while terminally ill with cancer.
Megrahi returned to Libya and died in 2012.
Earlier this year lawyers for al-Megrahi demanded access to secret Government papers as they appeal against his conviction over the 1988 terror attack which left 270 dead.
His 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.