US say Lockerbie suspect's arrest was lawful Bain tells MSPs

In the Scottish Parliament today Scotland's top law officer was asked by Tory MSP Jamie Greene to confirm where Scottish prosecutors would be looking to take action against the accused.

He also pressed her on what discussions took place between
the US authorities and the Crown in advance of or around Mr Masud's arrest.

On the issue of how he came into custody, she said: "The US authorities have confirmed that Mr Masud was transferred to US custody on a lawful basis, following upon US authorities making a formal extradition request for him from Libya to stand trial in the US in March 2021.

"I simply repeat that Scottish prosecutors and law enforcement stand ready to afford all possible co-operation to our US partners in accordance with the rule of law."

It is unclear how how the US negotiated Mr Masud's extradition from Libya. Reports have said he was kidnapped by militia groups in the north African country last month.

The father of one passenger killed on the plane has raised concerns about the circumstances of how he came into custody.

Dr Jim Swire, 86, whose daughter Flora, 23, perished on the flight, said earlier this week: "When I heard about the kidnap of Masud, I assumed it was a CIA operation and that he was being brought to the US.

"I have no evidence that Masud was involved but by all means let this man be examined, wherever they've got him.

"I wouldn't want to run the risk of a trial in the US where he could be judicially executed - that would be a major problem for me."

The trial of Abdelbaset al-Megrahi, who was convicted in 2001 for his part in the atrocity, took place at a special sitting of Scottish judges at Camp Zeist in the Netherlands.

Mr Greene said: “The eyes of the world are on us now as the situation develops and what might happen next.

“But the big question on the lips of many will be where and how Mr Mas’ud may face trial.

“The trial historically of Abdelbaset al Megrahi convened at the Scottish High Court of the Judiciary at Camp Zeist in the Netherlands in the year 2000.

“He was tried under Scots law under extensive negotiations at the time. So can I ask the Lord Advocate what the Crown’s position is or preferred position of where any trial of Mr Mas’ud could or should take place and whether it believes any future trial should also be governed under Scots law.

“If so, what preparations have the Crown office made for any potential trial wherever and whenever it occurs?”

Ms Bain responded that there were no criminal proceedings against Mr Masud in Scotland.

She said: “This is a joint investigation with American and Scottish prosecutors and law enforcement working together as they have done for the last 34 years.

“There are no current criminal proceedings in Scotland against Mr Mas’ud. I acknowledge that there are mixed views amongst the families about this development.

“The US and Scotland share criminal jurisdiction for the terrorist attack but it was clearly an attack against the United States.

“The bomb was targeted against a US plane en route to New York with 190 US citizens on board.

“Until the events of September 11, this was the deadliest terrorist attack on the United States.”

But she said, “Scottish prosecutors and law enforcers stand ready to afford all co-operation” to their US counterparts.

In an earlier statement, she welcomed the arrest and said she would meet with US officials next week.

A second suspect, Al Amin Khalifa Fhimah, stood trial with al-Megrahi but was acquitted.

Masud will not face the death penalty because it was not constitutionally available at the time of the bombing, US prosecutors said.

The blast on board the Boeing 747 above Lockerbie remains the deadliest atrocity committed on British soil.

Mr al Megrahi was released from prison by the Scottish Government in 2009, on compassionate grounds, as he had terminal cancer. He returned to Libya and died in 2012.

He insisted he was innocent and some of the victims' families doubted the official version of events.