A "compelling case" exists for releasing the cancer-stricken Lockerbie bomber on bail pending his appeal, a court heard today.
A "compelling case" exists for releasing the cancer-stricken Lockerbie bomber on bail pending his appeal, a court heard today.
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 in order 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 1998 which led to the deaths of 270 people.
At the two and a half hour hearing before Scotland's Lord Justice General Lord Hamilton, Lord Kingarth and Lord Wheatley, defence counsel Maggie Scott told the court: "The appellant is terminally ill.
"His suffering will be reduced if he is released from prison conditions."
She added: "He is very ill and 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.
Mrs 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 adding that Al Megrahi's liberty had been restricted for more than 17 years.
The court heard Al Megrahi was married and had five children aged between 25 and 10 and two grandchildren.
She added that his family had moved to Glasgow and had visas to visit and reside in Scotland.
"If released on bail the appellant would reside with his family," Ms Scott added.
She added that Al Megrahi was not considered a "flight risk".
"There is no security issue in respect of granting interim liberation," she said.
The court heard Al Megrahi had been an inmate in the open part of HMP Greenock for some time and had been a lawful prisoner with no disciplinary record.
Since February 2005, he had been considered a "low supervision prisoner".
Ms Scott said Al Megrahi's suffering would be reduced if he was allowed to stay with his family in Scotland.
"It is clear from the medical information that the petitioner's condition is incurable and has spread rapidly," she added.
The court heard Al Megrahi would now 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," Ms Scott said.
The court heard there were concerns about the "psychological well-being" of Al Megrahi.
This was related to the conviction, along with a deep-seated isolation from his friends, family and religion.
He was also suffering from stress following his cancer diagnosis, the court heard.
Ms Scott added that Al Megrahi's physical condition had also deteriorated and that the lack of privacy in prison was causing him "considerable distress".
