Lockerbie bomber bail ruling deferred

A decision on whether to grant bail to the Libyan convicted of the Lockerbie bombing was deferred yesterday after his defence team set out an "unusually compelling case" for his release.

A decision on whether to grant bail to the Libyan convicted of the Lockerbie bombing was deferred yesterday after his defence team set out an "unusually compelling case" for his release.

The Court of Criminal Appeal in Edinburgh was told that Abdelbaset Ali Mohmed al Megrahi is terminally ill and should be released on compassionate grounds.

Megrahi's defence team said the former Libyan intelligence agent did not have long to live and should be given interim liberation while awaiting the outcome of his appeal, and allowed to reside with his family in Scotland.

But prosecutors argued that the gravity of the offence meant he should remain in jail at HMP Greenock.

Megrahi, 56, 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.

For the first time, while arguing their "substantial" grounds for the forthcoming appeal, the defence team revealed the details of all six grounds of reference that led to the case being referred back to court for a fresh hearing.

The third ground of referral from the Scottish Criminal Cases Review Commission (SCCRC) - not previously revealed - pertains to the failure to disclose to the defence the exploration of financial interest and reward money with Toni Gauci, the Crown's leading witness.

The others relate to the Crown's failure to disclose certain documents to the defence, and the irregularities and discrepancies in the identification given by Mr Gauci.

Margaret Scott, QC, defence counsel, told the court that in addition to the commission's points the appeal would also be argued on new evidence, forensics, representation, and the views of expert witnesses.

At yesterday's two-and-a-half hour hearing before Lord Hamilton, the Lord President, Lord Kingarth, and Lord Wheatley, defence counsel, Ms Scott told the court: "The appellant is terminally ill."

It is understood that Megrahi is suffering from prostrate cancer and doctors have recommended palliative care as it is "incurable".

She added: "He is very ill and does not have long to live so bail is therefore sought on compassionate grounds."

She revealed that Libyan officials have signed affidavits stating that he would not be allowed back into the African country while his bail was in place.

Strathclyde Police have also carried out a risk assessment of the proposal to allow Megrahi to live with his family in Scotland.

Ms Scott also warned that further "unavoidable" delays would risk breaching his basic human rights. She added: "There is a compelling case for the release of this man on interim liberation. His suffering will be reduced if he can be with his family."

Prosecutor Ronald Clancy, QC, opposed bail and said the seriousness of the offence was the Crown's primary concern. "The crime of which the appellant stands convicted is one of incomprehensible gravity," he said.

When asked what bail conditions the Crown would wish to apply if Megrahi were granted bail, Mr Clancy said he should be prohibited from travelling more than 10 miles from his home unless making a court appearance or for treatment, should have to make a weekly visit to the police, and should be barred from holding a passport.

Lord Hamilton said a decision on the application would be made as soon as possible, but gave no deadline.

Marina de Larracoechea, whose sister was on the fatal flight, attended yesterday's hearing. She said later: "I am just so exhausted by all the delays. This has been going on for so long now and I feel tremendously discouraged and left out of the whole thing.

"The Crown is not representing the victims and their families. It is representing the public and there are still so many questions which have not been properly answered."

Dr Jim Swire, who lost his daughter Flora in the tragedy, said: "It is well known that stress exacerbates medical problems and weakens the immune system.

"We know Megrahi will require sophisticated medical treatment and would be better placed to receive that care if he was released. It is a total nonsense to say that he would try to abscond."

The arguments

For release: