Alex Salmond told John Kerry, chairman of the US Senate’s Foreign Relations Committee, that despite attempts by the Scottish Government to set the record straight, “misinformation” was still given to the hearing looking into the circumstances surrounding the release of Abdelbaset Ali Mohmed Al Megrahi.
While not participating in the hearing, the Scottish Government moved behind the scenes to deny allegations Megrahi had been on chemotherapy in Scotland and that his prognosis was made by a primary care physician who did not have the expertise to determine how advanced his prostate cancer was.
But the claims were still put to the Senate Foreign Relations Committee hearing and medical experts speaking at the Senate forum accepted he was undergoing chemotherapy and argued that would never have justified a three-month prognosis.
Mr Salmond said a letter intended to “set the record straight” had been passed to Senator Robert Menendez before he led the hearing.
It explained that Megrahi was not on chemotherapy while on Scottish soil and that the Libyan’s prognosis came from “the most senior health professional in the Scottish Prison Service”, its director of health and care, Dr Andrew Fraser.
Mr Salmond said: “It was therefore with intense disappointment that I noted that the same misinformation was presented to the hearing, unsupported by any evidence whatsoever, and no reference was made to the correction provided well in advance by the Scottish Government.
“The Scottish Government has made every effort to provide members of the US Senate and their staff with information to assist their understanding of the matter, and it is extremely unfortunate that the concerns that I expressed in my letter of September 10, 2010 ... about the prospects for a credible and impartial investigation, have been realised.
“I should therefore be grateful if you would investigate, as a matter of urgency, how the committee came to be misled in this manner at its hearing.”
Megrahi was released from prison by the Scottish Government in August last year on compassionate grounds. His prognosis gave him less than three months to live. He remains alive nearly 14 months later.
The Scottish Government does admit that Justice Secretary Kenny MacAskill was aware that Megrahi was looking to have chemotherapy for terminal prostate cancer which would help prolong his life on release.
Experts say it does not matter whether he had the palliative chemotherapy in Scotland or in Libya, as it would still result in prolonging Megrahi’s life, allowing him to survive for, on average, 19 months.
Mr Salmond took exception to the conduct of the hearing, which looked into suspicions he was freed because of an oil-for-terrorist deal between BP and Libya, but also questioned why Megrahi was released on health grounds.
Mr Menendez said he believed the Scottish Government “intentionally skewed” the prognosis.
In July Mr Salmond sent a similarly bullish letter to Mr Kerry, denying that BP had influenced Mr MacAskill’s decision to free Megrahi.
Mr MacAskill and Mr Fraser were formally asked to attend the Senate hearing and Mr Salmond is understood to have been sounded out informally but none of the men were present.
A Scottish Government spokesman said: “The Justice Secretary based his decision on the medical report as submitted by the SPS Director of Health and Care – a professional of impeccable integrity – as well as the reports of the Parole Board and Prison Governor, all of which supported a compassionate release decision.
“The decision was based on the reports and advice provided to the Justice Secretary.
“The Scottish Parliament Justice Committee examined all relevant aspects of this issue, and concluded that the decision was taken in good faith.”
