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, birth_date =
, birth_place =
Tripoli
Tripoli or Tripolis may refer to:
Cities and other geographic units Greece
*Tripoli, Greece, the capital of Arcadia, Greece
* Tripolis (region of Arcadia), a district in ancient Arcadia, Greece
* Tripolis (Larisaia), an ancient Greek city in ...
,
Kingdom of Libya
The Kingdom of Libya ( ar, المملكة الليبية, lit=Libyan Kingdom, translit=Al-Mamlakah Al-Lībiyya; it, Regno di Libia), known as the United Kingdom of Libya from 1951 to 1963, was a constitutional monarchy in North Africa which ca ...
, death_date =
, death_place = Tripoli,
Libya
Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiyā), is a country in the Maghreb region in North Africa. It is bordered by the Mediterranean Sea to the north, Egypt to Egypt–Libya bo ...
, cause =
Prostate cancer
Prostate cancer is cancer of the prostate. Prostate cancer is the second most common cancerous tumor worldwide and is the fifth leading cause of cancer-related mortality among men. The prostate is a gland in the male reproductive system that sur ...
, nationality = Libyan
, race = Arab
, gender = Male
, height =
, weight =
, occupation =
, parents =
, siblings = Zeinab (eldest sister) and others
, spouse =
, children = 4 sons, 1 daughter
, conviction =
Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
(270 counts)
, conviction_penalty =
Life imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
, conviction_status = Died following compassionate release
, added_date = 23 March 1995
, caught_date = 5 April 1999
, remove_date =
, number = 441
, status = Captured
Abdelbaset Ali Mohmed al-Megrahi ( ar, عبد الباسط محمد علي المقرحي, ; 1 April 1952 – 20 May 2012) was a
Libya
Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiyā), is a country in the Maghreb region in North Africa. It is bordered by the Mediterranean Sea to the north, Egypt to Egypt–Libya bo ...
n who was head of security for
Libyan Arab Airlines
Libyan Airlines ( ar, الخطوط الجوية الليبية; transliterated: al-Khutut al-Jawiyah al-Libiyah), formerly known as ''Libyan Arab Airlines'' over several decades, is the flag carrier of Libya. Based in Tripoli, it operates sch ...
, director of the Centre for Strategic Studies in
Tripoli, Libya
Tripoli (; ar, طرابلس الغرب, translit= Ṭarābulus al-Gharb , translation=Western Tripoli) is the capital and largest city of Libya, with a population of about 1.1 million people in 2019. It is located in the northwest of Libya o ...
, and an alleged Libyan intelligence officer. On 31 January 2001, Megrahi was convicted, by a panel of three
Scottish judges sitting in a special court at
Camp Zeist in the Netherlands, of 270 counts of murder for the bombing of
Pan Am Flight 103
Pan Am Flight 103 was a regularly scheduled Pan Am transatlantic flight from Frankfurt to Detroit via a stopover in London and another in New York City. The transatlantic leg of the route was operated by ''Clipper Maid of the Seas'', a Boeing ...
over
Lockerbie
Lockerbie (, gd, Locarbaidh) is a small town in Dumfries and Galloway, south-western Scotland. It is about from Glasgow, and from the border with England. The United Kingdom Census 2001, 2001 Census recorded its population as 4,009. The town ...
, Scotland, on 21 December 1988 and was sentenced to
life imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
. His co-accused,
Lamin Khalifah Fhimah
Lamin Khalifah Fhimah ( ar, الأمين خليفة فحيمة, ''al-Amīn Khalīfah Faḥīmah''; born 4 April 1956) is a former station manager for Libyan Arab Airlines at Luqa Airport, Malta. On 31 January 2001, he was acquitted of 270 cou ...
, was found
not guilty and was
acquitted
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the ...
.
Megrahi unsuccessfully appealed against his conviction in January 2001. In June 2007, the
Scottish Criminal Cases Review Commission
The Scottish Criminal Cases Review Commission (SCCRC) is an executive non-departmental public body of the Scottish Government, established by the Criminal Procedure (Scotland) Act 1995 (as amended by the Crime and Punishment (Scotland) Act ...
granted Megrahi leave to appeal against his Lockerbie bombing conviction for a second time. After initially appealing, Megrahi abandoned his second appeal in August 2009 as an ongoing appeal would have prevented him from being moved to Libya under the Prisoner Transfer Scheme which was thought to be a possibility. He decided to drop his appeal two days before he was released
on compassionate grounds by the
Scottish Government on 20 August 2009. Doctors reported on 10 August 2009 that he had
terminal
Terminal may refer to:
Computing Hardware
* Terminal (electronics), a device for joining electrical circuits together
* Terminal (telecommunication), a device communicating over a line
* Computer terminal, a set of primary input and output dev ...
prostate cancer
Prostate cancer is cancer of the prostate. Prostate cancer is the second most common cancerous tumor worldwide and is the fifth leading cause of cancer-related mortality among men. The prostate is a gland in the male reproductive system that sur ...
. On his return to Libya, al-Megrahi was initially hospitalized then allowed to leave on 2 November 2009, taking up residence in a villa in
Tripoli
Tripoli or Tripolis may refer to:
Cities and other geographic units Greece
*Tripoli, Greece, the capital of Arcadia, Greece
* Tripolis (region of Arcadia), a district in ancient Arcadia, Greece
* Tripolis (Larisaia), an ancient Greek city in ...
.
He died on 20 May 2012, two years and 9 months after his release.
Several legal experts as well as the UN observer at the Lockerbie trial have vehemently challenged the verdict that convicted Megrahi, while Ulrich Lumpert, the
Mebo AG engineer who testified to the validity of a key piece of evidence, admitted in an
affidavit
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statemen ...
to lying in court and stealing the object from his employer, after which he gave it to one of the crime investigators.
Charges, conviction and punishment
Background
A
Magarha
__NOTOC__
The Magarha (also ''al-Magarha'', ''Meqariha'') () is one of the major Arab tribes of Libya. They originate from Fezzan province of Libya and have been an influential supporters and beneficiaries of Muammar Gaddafi during his long rule an ...
, Abdelbaset al-Megrahi was born in
Tripoli
Tripoli or Tripolis may refer to:
Cities and other geographic units Greece
*Tripoli, Greece, the capital of Arcadia, Greece
* Tripolis (region of Arcadia), a district in ancient Arcadia, Greece
* Tripolis (Larisaia), an ancient Greek city in ...
on 1 April 1952 to a poor family. Although little is known of his early life, in 1971, he spent nine months studying in
Cardiff
Cardiff (; cy, Caerdydd ) is the capital and largest city of Wales. It forms a principal area, officially known as the City and County of Cardiff ( cy, Dinas a Sir Caerdydd, links=no), and the city is the eleventh-largest in the United Kingd ...
, Wales and in the late 1970s, he made multiple visits to the United States and the United Kingdom. Later, he was the head of security for Libyan Arab Airlines (LAA), and director of the Centre for Strategic Studies in Tripoli. It was alleged by the
FBI
The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and its principal Federal law enforcement in the United States, federal law enforcement age ...
and the prosecution in the Lockerbie case that he was also an officer of the Libyan intelligence service,
Jamahiriya el-Mukhabarat
Mukhabarat el-Jamahiriya ( ar, مخابرات الجماهيرية) (Intelligence of the Jamahiriya) was the national intelligence service of Libya under Muammar Gaddafi. During the Libyan Civil War, agency director Abuzed Omar Dorda was cap ...
.
Indictment and arrest
In November 1991, Megrahi and Fhimah were
indicted
An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of ...
by the
US Attorney General
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...
and the Scottish
Lord Advocate
, body =
, insignia = Crest of the Kingdom of Scotland.svg
, insigniasize = 110px
, image = File:Official Portrait of Dorothy Bain QC.png
, incumbent = Dorothy Bain KC
, incumbentsince = 22 June 2021
, appointer = Monarch on the advice ...
for the bombing of
Pan Am Flight 103
Pan Am Flight 103 was a regularly scheduled Pan Am transatlantic flight from Frankfurt to Detroit via a stopover in London and another in New York City. The transatlantic leg of the route was operated by ''Clipper Maid of the Seas'', a Boeing ...
. Libya refused to extradite the two accused, but held them under armed house arrest in Tripoli, offering to detain them for trial in Libya, as long as all the incriminating evidence was provided. The offer was unacceptable to the US and UK, and there was an
impasse
A bargaining impasse occurs when the two sides negotiating an agreement are unable to reach an agreement and become deadlocked. An impasse is almost invariably mutually harmful, either as a result of direct action which may be taken such as a s ...
for the next three years.
On 23 March 1995, over six years after the 1988 attack, Megrahi and Fhimah were designated as United States fugitives from justice and became the 441st and 442nd additions on the
FBI Ten Most Wanted Fugitives
The FBI Ten Most Wanted Fugitives is a most wanted list maintained by the United States's Federal Bureau of Investigation (FBI). The list arose from a conversation held in late 1949 between J. Edgar Hoover, Director of the FBI, and William K ...
list. This list offered a US$4 million reward from the US
Air Line Pilots Association
The Air Line Pilots Association, International (ALPA) is the largest pilot union in the world, representing more than 59,000 pilots from 35 U.S. and Canadian airlines. ALPA was founded on 27 July 1931 and is a member of the AFL-CIO and the Canadia ...
,
Air Transport Association
Airlines for America (A4A), formerly known as Air Transport Association of America (ATA), is an American trade association and lobbying group based in Washington, D.C. that represents major North American airlines.
Profile
Mission
A4A ...
, and
United States Department of State
The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other n ...
, and $50,000 from the
Federal Bureau of Investigation
The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...
(FBI), for information leading to their arrest.
The parties eventually agreed on a compromise and
a trial was held in the Netherlands under Scots law. The trial format was engineered by legal academic Professor
Robert Black of the
University of Edinburgh
The University of Edinburgh ( sco, University o Edinburgh, gd, Oilthigh Dhùn Èideann; abbreviated as ''Edin.'' in post-nominals) is a public research university based in Edinburgh, Scotland. Granted a royal charter by King James VI in 15 ...
and was given political impetus by the British foreign secretary,
Robin Cook
Robert Finlayson "Robin" Cook (28 February 19466 August 2005) was a British Labour politician who served as a Member of Parliament (MP) from 1974 until his death in 2005 and served in the Cabinet as Foreign Secretary from 1997 until 2001 wh ...
.
Protracted negotiations with the Libyan leader, Colonel
Muammar Gaddafi
Muammar Muhammad Abu Minyar al-Gaddafi, . Due to the lack of standardization of transcribing written and regionally pronounced Arabic, Gaddafi's name has been romanized in various ways. A 1986 column by ''The Straight Dope'' lists 32 spellin ...
, and the imposition of UN
economic sanctions
Economic sanctions are commercial and financial penalties applied by one or more countries against a targeted self-governing state, group, or individual. Economic sanctions are not necessarily imposed because of economic circumstances—they ma ...
against Libya brought the two accused to
trial in a neutral country. Over ten years after the bombing, Megrahi and Fhimah were placed under arrest at Camp Zeist in the Netherlands on 5 April 1999. During his seven-year house arrest awaiting deportation and trial, Megrahi lived on a Libyan Arab Airlines pension and worked as a teacher.
Trial
The Scottish
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cou ...
at Camp Zeist was presided over by three senior judges and an additional, non-voting, judge. The two accused, Megrahi and
Lamin Khalifah Fhimah
Lamin Khalifah Fhimah ( ar, الأمين خليفة فحيمة, ''al-Amīn Khalīfah Faḥīmah''; born 4 April 1956) is a former station manager for Libyan Arab Airlines at Luqa Airport, Malta. On 31 January 2001, he was acquitted of 270 cou ...
, denied all charges against them. The full charges included the names of the murdered 259 passengers and crew of Pan Am Flight 103, and the eleven residents killed on the ground at
Lockerbie
Lockerbie (, gd, Locarbaidh) is a small town in Dumfries and Galloway, south-western Scotland. It is about from Glasgow, and from the border with England. The United Kingdom Census 2001, 2001 Census recorded its population as 4,009. The town ...
in Scotland.
Representing Megrahi were his solicitor, Alistair Duff, and
advocate
An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...
s
William Taylor QC
William Taylor, QC has been a Scottish advocate since 1971 and a QC since 1986. He has also been a barrister in England and Wales since 1990 and a Queen's Counsel there since 1998. He has specialised in criminal defence work since the 1980s.
P ...
, David Burns QC and
John Beckett. Fhimah was represented by solicitor Eddie McKechnie and advocates Richard Keen QC, Jack Davidson QC and Murdo Macleod. Both defendants also had access to a Libyan defence lawyer,
Kamel Maghur, a former foreign affairs minister in the Libyan government.
Court proceedings started on 3 May 2000. The crucial witness against Megrahi for the prosecution was
Tony Gauci
Tony Gauci (6 April 1944 – 29 October 2016) was the proprietor of Mary's House, a clothes shop in Tower Road, Sliema, Malta, who was a witness in the prosecution of Abdelbaset al-Megrahi in relation to the Lockerbie Bombing.
According to evi ...
, a Maltese storekeeper, who testified that he had sold Megrahi the clothing later found in the remains of the suitcase bomb. At the trial, Gauci appeared uncertain about the exact date he sold the clothes in question, and was not entirely sure that it was Megrahi to whom they were sold. Nonetheless, Megrahi's appeal against conviction was rejected by the Scottish Court in the Netherlands in March 2002. Five years after the trial, former
Lord Advocate
, body =
, insignia = Crest of the Kingdom of Scotland.svg
, insigniasize = 110px
, image = File:Official Portrait of Dorothy Bain QC.png
, incumbent = Dorothy Bain KC
, incumbentsince = 22 June 2021
, appointer = Monarch on the advice ...
,
Lord Fraser of Carmyllie
Peter Lovat Fraser, Baron Fraser of Carmyllie, PC, QC (29 May 1945 – 22 June 2013) was a Scottish politician and advocate.
Early life and family
Fraser's mother died when he was 12 while living in Zambia, where his father was serving as ...
, publicly described Gauci as being "an apple short of a picnic" and "not quite the full shilling".
During the trial, the defence showed that Megrahi's co-defendant, Fhimah, had a watertight alibi, having been in Sweden at the time of the sabotage.
The judges announced their verdict on 31 January 2001. They said of Megrahi: "There is nothing in the evidence which leaves us with any reasonable doubt as to the guilt of the first accused, and accordingly we find him
guilt
Guilt may refer to:
*Guilt (emotion), an emotion that occurs when a person feels that they have violated a moral standard
*Culpability, a legal term
*Guilt (law), a legal term
Music
* ''Guilt'' (album), a 2009 album by Mims
* "Guilt" (The Long Bl ...
y of the remaining charge in the
indictment
An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...
as amended." Megrahi was sentenced to life imprisonment, with a recommendation that he should serve at least 20 years before being eligible for
parole
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
.
The judges unanimously found the second accused,
Lamin Khalifah Fhimah
Lamin Khalifah Fhimah ( ar, الأمين خليفة فحيمة, ''al-Amīn Khalīfah Faḥīmah''; born 4 April 1956) is a former station manager for Libyan Arab Airlines at Luqa Airport, Malta. On 31 January 2001, he was acquitted of 270 cou ...
,
not guilty of the murder charge. Fhimah was freed and returned to his home at Souk al-Juma in Libya on 1 February 2001.
Megrahi was sent to
Barlinnie Prison
HM Prison Barlinnie is the largest prison in Scotland. It is operated by the Scottish Prison Service and is located in the residential suburb of Riddrie, in the north east of Glasgow, Scotland. It is informally known locally as The Big Hoose, ...
. In February 2005, he was transferred to
HM Prison Greenock
HMP Greenock is a prison located in Greenock, Scotland, serving designated courts in western Scotland by holding male prisoners on remand, and short-term convicted prisoners. It also provides a national facility for selected prisoners serving 12 ...
.
Appeals
Megrahi's appeal against his conviction in January 2001 was refused on 14 March 2002 by a panel of five Scottish judges at Camp Zeist in the Netherlands. According to a report by the
BBC #REDIRECT BBC #REDIRECT BBC
Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
, Dr
Hans Köchler
Hans Köchler (born 18 October 1948) is a retired professor of philosophy at the University of Innsbruck, Austria, and president of the International Progress Organization, a non-governmental organization in consultative status with the United Na ...
, one of the UN observers at the trial, expressed serious doubts about the fairness of the proceedings and spoke of a "spectacular
miscarriage of justice
A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal procedure, criminal or civil procedure, civil proceeding, such as the conviction and punishment of a person for a crime they actual innocence, did not commit. Mis ...
".
On 24 November 2003, Megrahi appeared at the High Court in
Glasgow
Glasgow ( ; sco, Glesca or ; gd, Glaschu ) is the most populous city in Scotland and the fourth-most populous city in the United Kingdom, as well as being the 27th largest city by population in Europe. In 2020, it had an estimated popul ...
, in front of the three judges who originally sentenced him at Camp Zeist, to learn that he would have to serve at least 27 years in jail – back-dated to April 1999 when he was extradited from Libya – before he could be considered for
parole
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
. This court hearing was the result of the incorporation into
Scots law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...
of the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
in 2001, nine months after Megrahi's sentence was imposed, which required him to be told the extent of the "punishment part" of his life term. On 31 May 2004, he was granted leave to appeal against his 27-year sentence. The appeal against sentence was scheduled to be heard in
Edinburgh
Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
by a panel of five Judges on 11 July 2006. However, the Scottish
Court of Criminal Appeal decided to postpone the July hearing to allow consideration of whether the appeal against sentence ought to be heard at Camp Zeist rather than in Edinburgh.
Judicial reviews
On 23 September 2003, lawyers acting for Megrahi applied to the
Scottish Criminal Cases Review Commission
The Scottish Criminal Cases Review Commission (SCCRC) is an executive non-departmental public body of the Scottish Government, established by the Criminal Procedure (Scotland) Act 1995 (as amended by the Crime and Punishment (Scotland) Act ...
(SCCRC) for a review of the case (both sentence and conviction), arguing that there had been a miscarriage of justice. On 1 November 2006, Megrahi was reported to have dropped his demand for the new appeal to be held at Camp Zeist. In an interview with ''The Scotsman'' newspaper of 31 January 2006, retired Scottish Judge
Lord MacLean – one of the three who convicted Megrahi in 2001 – said he believed the SCCRC would return the case for a further appeal against conviction:
MacLean added that any new appeal would indicate the flexibility of Scots law, rather than a weakness:
In January 2007, the SCCRC announced that it would issue its decision on Megrahi's case by the end of June 2007. On 9 June 2007, rumours of a possible prisoner swap deal involving Megrahi were strenuously denied by the then-prime minister,
Tony Blair
Sir Anthony Charles Lynton Blair (born 6 May 1953) is a British former politician who served as Prime Minister of the United Kingdom from 1997 to 2007 and Leader of the Labour Party from 1994 to 2007. He previously served as Leader of th ...
. Later in June, ''
The Observer
''The Observer'' is a British newspaper published on Sundays. It is a sister paper to ''The Guardian'' and ''The Guardian Weekly'', whose parent company Guardian Media Group Limited acquired it in 1993. First published in 1791, it is the w ...
'' confirmed the imminence of the SCCRC ruling and reported:
Second appeal
On 28 June 2007, the SCCRC concluded its four-year review and, having uncovered evidence that a
miscarriage of justice
A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal procedure, criminal or civil procedure, civil proceeding, such as the conviction and punishment of a person for a crime they actual innocence, did not commit. Mis ...
could have occurred, the commission granted Megrahi leave to appeal against his Lockerbie bombing conviction for a second time. The second appeal to the
Court of Criminal Appeal was abandoned in August 2009, as an impediment to the legal power to release him to Libya under the Prisoner Transfer Scheme then operating in the United Kingdom. Ultimately, he was not released under this scheme, rather, on compassionate grounds due to his ill health. There was in the event, no requirement to drop his appeal against conviction.
New information casting fresh doubts about Megrahi's conviction was examined at a procedural hearing at the Judicial Appeal Court (
Court of Session building) in
Edinburgh
Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
on 11 October 2007:
#His lawyers claimed that vital documents, which emanated from the
Central Intelligence Agency
The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian foreign intelligence service of the federal government of the United States, officially tasked with gathering, processing, ...
(CIA) and related to the
Mebo timer that allegedly detonated the Lockerbie bomb, were withheld from the trial defence team.
#
Tony Gauci
Tony Gauci (6 April 1944 – 29 October 2016) was the proprietor of Mary's House, a clothes shop in Tower Road, Sliema, Malta, who was a witness in the prosecution of Abdelbaset al-Megrahi in relation to the Lockerbie Bombing.
According to evi ...
, chief prosecution witness at the trial, was alleged to have been paid $2 million for testifying against Megrahi.
#Mebo's owner,
Edwin Bollier
Edwin Bollier and his partner, Erwin Meister, founded Mebo Telecommunications AG in Zürich, Switzerland in 1969. The firm has traded in a variety of electronic and telecommunication equipment as well as acting as consultants in the construction ...
, claimed that in 1991 the FBI offered him $4 million to testify that the timer fragment found near the scene of the crash was part of a Mebo MST-13 timer supplied to Libya.
#Former employee of Mebo
Ulrich Lumpert swore an
affidavit
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statemen ...
in July 2007 that he had stolen a prototype MST-13 timer in 1989, and had handed it over to "a person officially investigating the Lockerbie case".
On 1 November 2007, Megrahi invited Professor
Robert Black QC to visit him at
Greenock Prison. After a two-hour meeting, Black stated "that not only was there a wrongful conviction, but the victim of it was an innocent man. Lawyers, and I hope others, will appreciate this distinction."
Prior to Megrahi's second appeal, another four procedural hearings took place at the High Court of Appeal in Edinburgh between December 2007 and June 2008.
In the June 2008 edition of the Scottish lawyers' magazine ''The Firm'', the UN Observer at the Lockerbie trial, Professor Hans Köchler, referred to the 'totalitarian' nature of Megrahi's second appeal process saying it "bears the hallmarks of an 'intelligence operation. Pointing out an error on the
Foreign and Commonwealth Office
The Foreign, Commonwealth & Development Office (FCDO) is a Departments of the Government of the United Kingdom, department of the Government of the United Kingdom. Equivalent to other countries' Ministry of Foreign Affairs, ministries of fore ...
's website (FCO) and accusing the British government of "delaying tactics" in relation to Megrahi's second Lockerbie appeal, UN Observer at the
Lockerbie trial
The Pan Am Flight 103 bombing trial began on 3 May 2000, 11 years, 4 months and 13 days after the destruction of Pan Am Flight 103 on 21 December 1988. The 36-week bench trial took place at a specially convened Scottish Court in the Netherlands se ...
Dr
Hans Köchler
Hans Köchler (born 18 October 1948) is a retired professor of philosophy at the University of Innsbruck, Austria, and president of the International Progress Organization, a non-governmental organization in consultative status with the United Na ...
wrote to Foreign Secretary
David Miliband on 21 July 2008 saying:
The FCO corrected the error on its website and wrote to Köchler on 27 August 2008:
On 15 October 2008, five Scottish judges decided unanimously to reject a submission by the
Crown Office
The Crown Office, also known (especially in official papers) as the Crown Office in Chancery, is a section of the Ministry of Justice (formerly the Lord Chancellor's Department). It has custody of the Great Seal of the Realm, and has certain a ...
to the effect that the scope of Megrahi's second appeal should be limited to the specific grounds of appeal that were identified by the SCCRC in June 2007.
In January 2009, it was reported that, although Megrahi's second appeal against conviction was scheduled to begin on 27 April 2009, the hearing could last as long as 12 months because of the complexity of the case and volume of material to be examined. At a preliminary High Court hearing in Edinburgh on 20 February 2009, Megrahi's
Counsel
A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''.
The word ''counsel'' can also mean advice given ...
,
Maggie Scott QC, was informed that a delegation from the
Crown Office
The Crown Office, also known (especially in official papers) as the Crown Office in Chancery, is a section of the Ministry of Justice (formerly the Lord Chancellor's Department). It has custody of the Great Seal of the Realm, and has certain a ...
was due to travel to
Malta
Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
to "actively seek the consent for disclosure" of sensitive documents that could determine the outcome of the second appeal.
Scottish ministers denied in April 2009 they had clandestinely agreed to the repatriation of Megrahi before the start of his second appeal on 28 April.
Kenny MacAskill
Kenneth Wright MacAskill (born 28 April 1958) is a Scottish politician who has been Member of Parliament (MP) for East Lothian since 2019. He previously served as Cabinet Secretary for Justice from 2007 to 2014 and was a Member of the Scottish ...
announced in May 2011 that the re-elected SNP Government would seek to change Scots law to allow publication of the SCCRC report, which can presently be blocked by any party that provided evidence to the review. Nevertheless, ''The Herald'' published this report online in March 2012.
Call for Megrahi's release
The first Scottish call for the release of Megrahi was made by Moderator of the General Assembly of the Church of Scotland
Iain Torrance
Iain Richard Torrance, (born 13 January 1949) is a retired Church of Scotland minister, theologian and academic. He is Pro-Chancellor of the University of Aberdeen, Honorary Professor of Early Christian Doctrine and Ethics at the University o ...
. At the beginning of 2003,
Nelson Mandela
Nelson Rolihlahla Mandela (; ; 18 July 1918 – 5 December 2013) was a South African Internal resistance to apartheid, anti-apartheid activist who served as the President of South Africa, first president of South Africa from 1994 to 1 ...
had asked for the intervention of the Western Christian churches in what he described as "a clear miscarriage of justice". This led to the production of a highly critical report of the scientific and forensic evidence presented at the original trial by the Church of Scotland's leading scientist Dr
John Urquhart Cameron
John Urquhart Cameron (born 1943) is an academic and social reformer and a former parish minister of the Church of Scotland. He met and married the Anglo-Swedish skier Jill Sjoberg when he was a marketing executive with GlaxoSmithKline in Lo ...
. As a result, in July 2003, Torrance petitioned the then prime minister Tony Blair to consider his release in view of the widespread unease in Scotland concerning the safety of the verdict.
On 14 September 2008, the
Arab League
The Arab League ( ar, الجامعة العربية, ' ), formally the League of Arab States ( ar, جامعة الدول العربية, '), is a regional organization in the Arab world, which is located in Northern Africa, Western Africa, E ...
Ministerial Council passed a resolution calling for the 'political hostage' Megrahi to be released from prison in Scotland. The resolution demanded that the Scottish government should hand to Megrahi's lawyers the documents which the SCCRC had identified, adding that Britain's refusal to do so represented a 'miscarriage of justice'. The Arab League also endorsed Libya's right to compensation for the damage done to its economy by UN sanctions which were in force from 1991 until 1999.
On 6 November 2008, three
Criminal Appeal Court judges reserved judgment on an application by defence counsel Maggie Scott for Megrahi to be released on bail pending his second appeal against conviction which was expected to be heard in 2009. A week later, Megrahi's bail application was refused.
On the Lockerbie bombing's 20th anniversary, ''
The Independent
''The Independent'' is a British online newspaper. It was established in 1986 as a national morning printed paper. Nicknamed the ''Indy'', it began as a broadsheet and changed to tabloid format in 2003. The last printed edition was publis ...
'' published an
opinion piece
An opinion piece is an article, usually published in a newspaper or magazine, that mainly reflects the author's opinion about a subject. Opinion pieces are featured in many periodicals.
Editorials
Opinion pieces may take the form of an editorial, ...
by journalist
Hugh Miles, repeating questions around Megrahi's guilt, writing in part,
On 14 August 2009, Megrahi withdrew his appeal. South of Scotland SNP MSP
Christine Grahame
Christine Grahame (formerly Creech; born 9 September 1944) is a Scottish politician who served as a Deputy Presiding Officer of the Scottish Parliament from 2016 to 2021. A member of the Scottish National Party (SNP), she has been a Member of ...
said, "There are a number of vested interests who have been deeply opposed to this appeal continuing as they know it would go a considerable way towards exposing the truth behind Lockerbie... In the next days, weeks and months new information will be placed in the public domain that will make it clear that Mr Megrahi had nothing to do with the bombing of Pan Am 103."
Tam Dalyell
Sir Thomas Dalyell, 11th Baronet, , ( ; 9 August 1932 – 26 January 2017), known as Tam Dalyell, was a Scottish Labour Party politician who was a member of the House of Commons from 1962 to 2005. He represented West Lothian from 1962 to 198 ...
, the former
Labour
Labour or labor may refer to:
* Childbirth, the delivery of a baby
* Labour (human activity), or work
** Manual labour, physical work
** Wage labour, a socioeconomic relationship between a worker and an employer
** Organized labour and the labour ...
MP for
West Lothian
West Lothian ( sco, Wast Lowden; gd, Lodainn an Iar) is one of the 32 council areas of Scotland, and was one of its shires of Scotland, historic counties. The county was called Linlithgowshire until 1925. The historic county was bounded geogra ...
, has long believed Megrahi was the victim of a catastrophic miscarriage of justice, and has publicly stated that Megrahi is merely a scapegoat. Dalyell was supported by Nelson Mandela, the Church of Scotland, the Catholic Church, the law faculties of the Scottish universities, the representatives of British relatives and the UN's official observer at the trial in The Hague.
Alastair Darling
Alistair Maclean Darling, Baron Darling of Roulanish, (born 28 November 1953) is a British politician who served as Chancellor of the Exchequer under Prime Minister Gordon Brown from 2007 to 2010. A member of the Labour Party, he was a Member ...
, the UK
Chancellor of the Exchequer
The chancellor of the Exchequer, often abbreviated to chancellor, is a senior minister of the Crown within the Government of the United Kingdom, and head of His Majesty's Treasury. As one of the four Great Offices of State, the Chancellor is ...
from 2007 to 2010, stated that "It's true to say that the British Government wanted Megrahi out. It's probably true to say that
cottish First MinisterAlex Salmond
Alexander Elliot Anderson Salmond (; born 31 December 1954) is a Scottish politician and economist who served as First Minister of Scotland from 2007 to 2014. A prominent figure on the Scottish nationalist movement, he has served as leader ...
fancied a wander into the international stage" but denies that British government had anything to do with the release.
Compassionate release
Family and health
Megrahi married Aisha in 1982.
[ They had five children: four sons and one daughter.
On 23 September 2008, Megrahi was diagnosed with advanced ]prostate cancer
Prostate cancer is cancer of the prostate. Prostate cancer is the second most common cancerous tumor worldwide and is the fifth leading cause of cancer-related mortality among men. The prostate is a gland in the male reproductive system that sur ...
, prompting calls for his second appeal to be heard promptly.
On 4 December 2008, Megrahi's family joined others protesting against alleged miscarriages of justice within the Scottish justice system.
An online petition to the Scottish Ministers seeking Megrahi's compassionate release was raised on 19 December 2008. It stated that he was terminally ill and would benefit physically and psychologically from compassionate release to his temporary home in Glasgow
Glasgow ( ; sco, Glesca or ; gd, Glaschu ) is the most populous city in Scotland and the fourth-most populous city in the United Kingdom, as well as being the 27th largest city by population in Europe. In 2020, it had an estimated popul ...
while he awaited the outcome of the appeal granted to him by the Scottish Criminal Cases Review Commission in June 2007. Since it was likely to be many months before such an appeal was finally decided, the petition asked that Megrahi be allowed to spend his "very limited" remaining time in Scotland with his family and loved ones.
Release
On 4 August 2009, the Cabinet Secretary for Justice in Scotland, Kenny MacAskill
Kenneth Wright MacAskill (born 28 April 1958) is a Scottish politician who has been Member of Parliament (MP) for East Lothian since 2019. He previously served as Cabinet Secretary for Justice from 2007 to 2014 and was a Member of the Scottish ...
, visited Greenock Prison to hear Megrahi's request for a prisoner transfer to Libya. The following week it was reported that Megrahi was likely to be released within a few days on compassionate grounds due to terminal prostate cancer
Prostate cancer is cancer of the prostate. Prostate cancer is the second most common cancerous tumor worldwide and is the fifth leading cause of cancer-related mortality among men. The prostate is a gland in the male reproductive system that sur ...
, although the Scottish Government dismissed this as "complete speculation"; meanwhile, a United States official said that the U.S. had no information suggesting Megrahi would be released and that he should serve out his sentence. MacAskill faced international pressure from politicians in the United Kingdom and United States, with U.S. victims' groups and Syracuse University
Syracuse University (informally 'Cuse or SU) is a Private university, private research university in Syracuse, New York. Established in 1870 with roots in the Methodist Episcopal Church, the university has been nonsectarian since 1920. Locate ...
(which lost 25 students in the Lockerbie bombing) all urging him not to release Megrahi.
On 14 August, lawyers representing Megrahi announced that he had applied to the High Court in Edinburgh two days previously to withdraw his second appeal, and that his condition had "taken a significant turn for the worse". On 19 August 2009, it was divulged that MacAskill had reached a decision on the bomber's fate to be announced the following day. The following day, MacAskill granted his release on compassionate grounds, stating that Megrahi was in the final stages of terminal prostate cancer and was expected to die within three months.
Speaking of the Scottish tradition of justice with compassion and mercy, MacAskill said he was "bound by Scottish values to release him", and allow him to die in his home country of Libya.
Immediately following the announcement, Megrahi, who had served just over years of his life sentence, was escorted by Strathclyde Police
Strathclyde Police was the territorial police force responsible for the Scottish council areas of Argyll and Bute, City of Glasgow, East Ayrshire, East Dunbartonshire, East Renfrewshire, Inverclyde, North Ayrshire, North Lanarkshire, Renfre ...
to Glasgow Airport
gd, Port-adhair Eadar-nàiseanta Ghlaschu
, image = Glasgow Airport logo.svg
, image-width = 200
, image2 = GlasgowAirportFromAir.jpg
, image2-width = 250
, IATA = GLA
, ICAO = EGPF
, type = Public
, owner = AGS Airports
, hub =
*easy ...
where he boarded a specially chartered aircraft to Tripoli operated by the Libyan state-owned Afriqiyah Airways
Afriqiyah Airways ( ar, الخطوط الجوية الأفريقية ''Al-Khuṭūṭ al-Jawwiyyah al-Afrīqiyyah'') is a state-owned airline based in Tripoli, Libya. Before the 17 February 2011 revolution, it operated domestic services betwee ...
. The aircraft – an Airbus A300 (registration 5A-IAY) – was the personal aircraft of Colonel Gaddafi; it was destroyed on the ground at Tripoli Airport in 2011 during fighting to overthrow the Gaddafi regime. Megrahi arrived back in time to join celebrations to mark 40 years since the country's revolution.
Megrahi landed in Libya to national celebrations and acclaim. As he left the plane, a crowd of several hundred young people were gathered at Tripoli Airport to welcome him, some waving Libyan or Scottish flag
The flag of Scotland ( gd, bratach na h-Alba; sco, Banner o Scotland, also known as St Andrew's Cross or the Saltire) is the national flag of Scotland, which consists of a white saltire defacing a blue field. The Saltire, rather than the Ro ...
s, others throwing flower petals. Many had been ushered away by Libyan officials in an attempt to play down the arrival in accordance with British and US wishes. Megrahi was accompanied by Saif al-Islam Gaddafi
Saif al-Islam Muammar al-Gaddafi ( ar, سيف الإسلام معمر القذافي; born 25 June 1972) is a Libyan political figure. He is the second son of the late Libyan leader Muammar Gaddafi and his second wife Safia Farkash. He was a p ...
, son of Libyan leader Muammar Gaddafi
Muammar Muhammad Abu Minyar al-Gaddafi, . Due to the lack of standardization of transcribing written and regionally pronounced Arabic, Gaddafi's name has been romanized in various ways. A 1986 column by ''The Straight Dope'' lists 32 spellin ...
, who had pledged in 2008 to bring al-Megrahi home, and was then joined on the aircraft steps by Lamin Khalifah Fhimah
Lamin Khalifah Fhimah ( ar, الأمين خليفة فحيمة, ''al-Amīn Khalīfah Faḥīmah''; born 4 April 1956) is a former station manager for Libyan Arab Airlines at Luqa Airport, Malta. On 31 January 2001, he was acquitted of 270 cou ...
. This was the first time the pair had met since they had stood side by side during their eight-month trial at Camp Zeist
The Scottish court in the Netherlands was a special sitting of the High Court of Justiciary set up under Scots law in a former United States Air Force base, Camp Zeist in Utrecht, in the Netherlands, for the trial of two Libyans charged with ...
, in the Netherlands years earlier.
After he left the aircraft, Megrahi was driven away in convoy for a long-awaited meeting with his 86-year-old mother, Hajja Fatma Ali al-Arabi, who a few days earlier had pleaded emotionally with Scottish Ministers to release her son. Hajja had not been told of her son's terminal cancer for fear that the shock would be too much for her.
Megrahi also met Libyan leader Muammar Gaddafi
Muammar Muhammad Abu Minyar al-Gaddafi, . Due to the lack of standardization of transcribing written and regionally pronounced Arabic, Gaddafi's name has been romanized in various ways. A 1986 column by ''The Straight Dope'' lists 32 spellin ...
. The reception was shown afterwards on Libyan state television.
In an interview the following day with ''The Times
''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper ''The Sunday Times'' (fou ...
'', Megrahi vowed to present new evidence before he died which would exonerate him of any involvement in the 1988 Lockerbie bombing. He said, "If there is justice in the UK I would be acquitted or the verdict would be quashed because it was unsafe. There was a miscarriage of justice ... my message to the British and Scottish communities is that I will put out the evidence and ask them to be the jury".
Following his release, Megrahi was taken to Tripoli
Tripoli or Tripolis may refer to:
Cities and other geographic units Greece
*Tripoli, Greece, the capital of Arcadia, Greece
* Tripolis (region of Arcadia), a district in ancient Arcadia, Greece
* Tripolis (Larisaia), an ancient Greek city in ...
Medical Center, Libya's most advanced public clinic, for cancer treatment. A video of him in the hospital showed him using an oxygen mask to breathe. On 2 September 2009, it was reported that his cancer had worsened, and that he had been transferred to the intensive care unit
220px, Intensive care unit
An intensive care unit (ICU), also known as an intensive therapy unit or intensive treatment unit (ITU) or critical care unit (CCU), is a special department of a hospital or health care facility that provides intensiv ...
(ICU). Libyan Foreign Ministry spokesman Mohammed Seyala claimed that Megrahi had been moved to a special VIP wing of the hospital, was receiving full treatment from a team of doctors, and that his condition was not dangerous. Megrahi's family claimed that they had been informed that he had been taken to the ICU, but they were not allowed to visit him. The Foreign Ministry confirmed that his family were not allowed to visit him, but said that it was to ensure his safety. On 5 September, Megrahi was released from the ICU, but remained under close observation by a team of doctors.
While in hospital, Megrahi underwent chemotherapy
Chemotherapy (often abbreviated to chemo and sometimes CTX or CTx) is a type of cancer treatment that uses one or more anti-cancer drugs (chemotherapeutic agents or alkylating agents) as part of a standardized chemotherapy regimen. Chemotherap ...
treatment, receiving the drug Docetaxel
Docetaxel (DTX or DXL), sold under the brand name Taxotere among others, is a chemotherapy medication used to treat a number of types of cancer. This includes breast cancer, head and neck cancer, stomach cancer, prostate cancer and non-small-ce ...
. He was discharged from hospital on 2 November, and sent to live with his family in the New Damascus district in west Tripoli, in a villa reportedly built or bought for him, shortly before his release, by the Libyan government. Under police protection, he resumed chemotherapy, making regular visits to hospital for chemotherapy sessions and other intensive treatment.[
]
Medical condition
Following the release, doubts were expressed whether Megrahi was as ill as claimed by MacAskill in his statement to the Scottish Parliament. The guidance on compassionate release of a terminally ill prisoner under Scottish law specifies that death must be likely to occur "soon"; there is no fixed time limit but a life expectancy of three months is suggested as "appropriate". The Labour MSP for Mid Scotland and Fife and a Minister in the previous Labour administration, Dr. Richard Simpson, accused the Scottish justice minister of failing to conduct sufficient checks before deciding to release Megrahi. Dr. Simpson, a former member of the British Association of Urological Surgeons' prostate cancer working group who specialised in prostate disease research, expressed doubt that Megrahi would die within the next three months and claimed that he could live for eight months, going on to say that, "Kenny MacAskill released him apparently on the advice of just one doctor whose status is not clear and who is not named." He added that a second specialist opinion in palliative care
Palliative care (derived from the Latin root , or 'to cloak') is an interdisciplinary medical caregiving approach aimed at optimizing quality of life and mitigating suffering among people with serious, complex, and often terminal illnesses. Wit ...
should have been sought before the release. A source close to the justice secretary called Simpson's comments "tasteless" and added: "I really don't think we should be speculating on the day somebody is going to die."
On 27 August 2009, ''The Scotsman
''The Scotsman'' is a Scottish compact newspaper and daily news website headquartered in Edinburgh. First established as a radical political paper in 1817, it began daily publication in 1855 and remained a broadsheet until August 2004. Its par ...
'', quoting an anonymous Scottish Government source, reported that MacAskill ignored the advice of four specialists who were unwilling to speculate on Megrahi's anticipated lifespan.
Reviewing the case, members of Holyrood's justice committee stated that Scottish Prison Service guidelines were not followed in the decision to release Megrahi, that the medical evidence presented was flimsy, and that four cancer specialists had refused to back up the opinion of the prison doctor that Megrahi would be dead within three months. However the prison doctors and numerous experts brought in had said that Megrahi met the Scottish standards for release. The release of prisoners on compassionate grounds is up to the Minister of Justice and not to a committee.
Soon afterwards, Libyan media reported that Megrahi was able to talk to his mother by telephone from his hospital bed and ''The Times
''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper ''The Sunday Times'' (fou ...
'', at the beginning of November, suggested that his condition had not deteriorated significantly.
In early April 2010 it was reported that his cancer was no longer responding to treatment. The cancer consultant Karol Sikora, who had originally supported the three months prognosis (although his evidence was not allowed to contribute to the release decision as he was paid by the Libyan authorities), reported that Megrahi was bed-bound and had probably no more than four weeks to live, with his earlier apparent recovery probably due to his being with his family. The Libyan Consul General in Glasgow also reported that his condition had rapidly deteriorated. In July 2010, Dr Sikora told ''The Daily Telegraph
''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a national British daily broadsheet newspaper published in London by Telegraph Media Group and distributed across the United Kingdom and internationally.
It was fo ...
'', "There was always a chance he could live for 10 years, 20 years ... but that would be unusual". He also stated that "It was clear that three months was what they (the Libyan government) were aiming for" adding that "On the balance of probabilities, he felt he could sort of justify that."
In response to an attempt to have his medical condition made public from Scottish Conservatives in July 2010, First Minister Alex Salmond compared him to one of Britain's most famous prisoners, Ronald Biggs
Ronald Arthur Biggs (8 August 1929 – 18 December 2013) was an English criminal who helped plan and carry out the Great Train Robbery of 1963. He subsequently became notorious for his escape from prison in 1965, living as a fugitive for 36 y ...
, who was outliving al-Megrahi while on compassionate release.
In a July 2010 interview with Scottish Television Dr Sikora said that his statements were misquoted extensively by dropping his qualification that 10 years' survival "would be unusual". He stated that the chances of such a long survival would be less than 1% but there was a 90% likelihood that he would be dead in a matter of weeks. UPI was still reporting the other version in August 2010.
Libyan media outlets reported Megrahi had been released from the hospital and was living at his family's villa.
On 26 July 2011, during the First Libyan Civil War
The First Libyan Civil War was an armed conflict in 2011 in the North African country of Libya that was fought between forces loyal to Colonel Muammar Gaddafi and rebel groups that were seeking to oust his government. It erupted with the Libya ...
, Megrahi was shown on Libyan state television, attending a pro-Gaddafi rally of members of his tribe
The term tribe is used in many different contexts to refer to a category of human social group. The predominant worldwide usage of the term in English language, English is in the discipline of anthropology. This definition is contested, in p ...
. Megrahi appeared to be frail, and was in a wheelchair. However, in late August 2011, CNN
CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by ...
reported that a TV crew had found Megrahi comatose and, according to his family, on his deathbed. Notwithstanding this report, in early October in an interview with Reuters from his bed, al-Megrahi protested his innocence and claimed that he had only days, weeks or months to live. On 13 April 2012, he was hospitalized. He died on 20 May 2012, aged 60.
Suggestions of innocence
On 29 August 2011, a letter written by Megrahi was discovered by ''The Wall Street Journal
''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
'' at intelligence headquarters in Tripoli, Libya. In what was a private letter to Libya's intelligence chief not previously available to the public, Megrahi wrote "I am an innocent man", a letter apparently composed while he was serving a life sentence in Scotland, and written in blue ink on ordinary paper. The letter was found in a steel four-drawer filing cabinet that had been forced open by rebels who entered the office of intelligence chief Abdullah al-Senussi
Abdullah Senussi ( ) is a Libyan national who was the intelligence chief and brother-in-law of Colonel Muammar Gaddafi. He was married to Gaddafi's sister-in-law.
Scottish police officers plan to interview him in connection with the Lockerbie b ...
.
Jim Swire
Herbert Swire (born 1936), best known as Jim Swire, is an English doctor best known for his involvement in the aftermath of the 1988 bombing of Pan Am Flight 103, in which his daughter Flora was killed. Swire lobbied toward a solution for the dif ...
, whose daughter Flora was killed in the bombing and who has been a spokesman for UK Families Flight 103, which represented British relatives, has said that he believes Megrahi is innocent. Swire is also concerned by comments attributed to the former lord advocate Lord Fraser
The Lordship of Fraser was created in the Peerage of Scotland on 29 June 1633.
when granted by letters patent to Andrew Fraser and his male descendants.
The peerage expired in 1720, with the death of the 4th Lord Fraser, as a result of his part ...
, which appeared to doubt the credibility of the key prosecution witness, Tony Gauci. Swire said "the scandal around Megrahi is not that a sick man was released, but that he was ever convicted in the first place. All I have ever wanted is to see the people who murdered my daughter are brought to justice."
Professor Robert Black, an expert in Scots law who devised the non-jury trial that saw the Lockerbie case heard in 2000, has called Megrahi's murder conviction "the most disgraceful miscarriage of justice in Scotland for 100 years". Professor Black said he felt "a measure of personal responsibility" for persuading Libya to allow Megrahi and his co-accused, Al-Amin Khalifa Fhima, who was acquitted, to stand trial under Scots law.
The non-profit religious think tank Ekklesia noted that "all of the Crown's witnesses in the 36-week trial, which took place at a specially convened Scottish Court in the Netherlands, have subsequently been discredited. In the latest revelation, a prosecution expert misled judges about key evidence, according to a classified police memo published by the Sunday Herald on 17 July 011, cautioning that
Megrahi himself, according to his cousin, used to say
Suggested links to oil deals
On 28 August 2009, '' The Herald'' published an interview conducted with Colonel Gaddafi's son, Saif al-Islam Gaddafi
Saif al-Islam Muammar al-Gaddafi ( ar, سيف الإسلام معمر القذافي; born 25 June 1972) is a Libyan political figure. He is the second son of the late Libyan leader Muammar Gaddafi and his second wife Safia Farkash. He was a p ...
, in which he stated that Megrahi's release was not tied to any oil
An oil is any nonpolar chemical substance that is composed primarily of hydrocarbons and is hydrophobic (does not mix with water) & lipophilic (mixes with other oils). Oils are usually flammable and surface active. Most oils are unsaturated ...
deals but was an entirely separate issue. Referring to the Prisoner Transfer Agreement (PTA), he continued, "People should not get angry because we were talking about commerce or oil. We signed an oil deal at the same time. The commerce and politics and deals were all with the PTA. This was one animal and the other was the compassionate release. They are two completely different animals."
On 30 August, an article published in the ''Sunday Times
''The Sunday Times'' is a British newspaper whose circulation makes it the largest in Britain's quality press market category. It was founded in 1821 as ''The New Observer''. It is published by Times Newspapers Ltd, a subsidiary of News UK, whi ...
'' claimed ministers at Westminster had agreed not to specifically exclude al-Megrahi from an agreement concerning prisoner transfers in 2007 because of "overwhelming national interests". In a letter dated 19 December 2007, Secretary of State for Justice
The secretary of state for justice, also referred to as the justice secretary, is a secretary of state in the Government of the United Kingdom, with responsibility for the Ministry of Justice. The incumbent is a member of the Cabinet of the Un ...
Jack Straw
John Whitaker Straw (born 3 August 1946) is a British politician who served in the Cabinet from 1997 to 2010 under the Labour governments of Tony Blair and Gordon Brown. He held two of the traditional Great Offices of State, as Home Secretary ...
wrote to his Scottish counterpart, "I had previously accepted the importance of the al-Megrahi issue to Scotland and said I would try to get an exclusion for him on the face of the agreement. I have not been able to secure an explicit exclusion. The wider negotiations with the Libyans are reaching a critical stage and, in view of the overwhelming interests for the UK, I have agreed that in this instance the TAshould be in the standard form and not mention any individual." Straw is quoted as stating that an application under the prisoner transfer agreement was turned down. Straw denied that the release was part of any deal, while Scottish First Minister Alex Salmond reiterated that the release had been granted on compassionate grounds and not as part of any deal struck by the British Government.
On 16 July 2010, four United States senators made public their concerns over the release, stating they believed that the oil company BP pushed for his release to secure a deal with Libya. BP confirmed that it did press for a Prisoner Transfer Agreement as it was aware that a delay might have "negative consequences" for UK commercial interests. However, the firm said it was not involved in any discussions regarding Megrahi's release. A spokesman for the Scottish government insisted that they acted alone stating: "The Scottish government had no contact from BP in relation to Mr Al-Megrahi." Further hearings examining Megrahi's release, due to be held at Capitol Hill
Capitol Hill, in addition to being a metonym for the United States Congress, is the largest historic residential neighborhood in Washington, D.C., stretching easterly in front of the United States Capitol along wide avenues. It is one of the ...
on 29 July, were postponed when the US Dept of Justice and British witnesses – and in particular from the Scottish Government – refused to attend, and were rescheduled for September the same year, before the then forthcoming senatorial elections.
U.S. position on release
While President Obama expressed surprise at the decision, stating "I think all of us here in the United States were surprised, disappointed and angry about the release", the U.S. government was aware that a release was possible. The deputy head of the U.S. embassy in London, Frank LeBaron, wrote in a letter to the Scottish first minister Alex Salmond that the U.S. believed al-Megrahi should remain in prison for his role in downing Pan Am flight 103 in 1988, and continued: "Nevertheless, if Scottish authorities come to the conclusion that Megrahi must be released from Scottish custody, the U.S. position is that conditional release on compassionate grounds would be a far preferable alternative to prisoner transfer, which we strongly oppose." This same letter stressed the importance to the United States of America of a 3-months prognosis, despite it not being a legal requirement in Scotland: "any such release should only come after the results of independent and comprehensive medical exams clearly establishing that Megrahi's life expectancy is less than three months".
Appeals dossier released
On 18 September 2009, Megrahi released a 300-page dossier of evidence that challenges the prosecution case against him, and that he believed would have secured his release on appeal. The release of the evidence dossier was condemned by Lord Advocate Elish Angiolini
Lady Elish Frances Angiolini (''née'' McPhilomy; born 24 June 1960"Angiolini, Elish Frances" in ''Who's Who'', A & C Black.) is a Scottish lawyer. She was the Lord Advocate of Scotland from 2006 until 2011, having previously been Solicitor Ge ...
, who said that Megrahi had abandoned his appeal before his release on compassionate grounds.
Wikileaks on Megrahi
Cable 08LONDON2673 (dated 2008-10-24) from US Embassy London reports:
Cable 09TRIPOLI65 (dated 2009-01-28) from US Embassy Tripoli reports:
Another stated that the UK feared action by Libya against British interests if Megrahi died in jail. It also stated that the UK government fully supported his release by the Scottish government.
Calls for and comments on a return to custody
The United States urged the National Transitional Council
The National Transitional Council of Libya ( ar, المجلس الوطني الإنتقالي '), sometimes known as the Transitional National Council, was the ''de facto'' government of Libya for a period during and after the Libyan Civil War ...
(NTC) to review the case, with a view towards deporting Megrahi if he did not die in the meantime. The Scottish government rejected the calls, saying that only it could make such a request, and that it would not do so, as Megrahi had abided by the conditions of his release. NTC leaders initially said that they would not deport Megrahi or any other Libyan, but also admitted that only the future elected government of Libya could deal with such issues.
Following the fall of Tripoli when forces of the NTC had largely taken control of Libya, there were calls for al-Megrahi to be extradited to the United States. These calls were dismissed by the Scottish government and the NTC in Libya until such time as a decision can be made by the new elected government.
The United States government has said that it has asked the new Libyan government to re-examine the Megrahi case.[
On 30 August 2011, the Scottish First Minister Alex Salmond said, "The latest pictures broadcast of Mr al-Megrahi clearly demonstrate that he is an extremely sick man, dying of terminal prostate cancer. Hopefully, this will end the ridiculous conspiracy theories that seek to claim anything else." He also said that the issue was under Scottish jurisdiction and that what American lawyers and senators had to say "was neither here nor there". In October 2011, Al-Megrahi gave an interview from his bed in which he claimed that he had only days, weeks or months to live.
After the ]killing of Muammar Gaddafi
Muammar Gaddafi, the deposed leader of Libya, was captured and killed on 20 October 2011 after the Battle of Sirte. Gaddafi was found west of Sirte after his convoys were attacked by NATO aircraft. He was then captured by National Transitional ...
on 20 October 2011, the United States Secretary of State
The United States secretary of state is a member of the executive branch of the federal government of the United States and the head of the U.S. Department of State. The office holder is one of the highest ranking members of the president's Ca ...
Hillary Clinton
Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, diplomat, and former lawyer who served as the 67th United States Secretary of State for President Barack Obama from 2009 to 2013, as a United States sen ...
called for al-Megrahi to be returned to prison in Scotland, describing the release of al-Megrahi as a miscarriage of justice. Additionally Clinton stated that having already raised the question of al-Megrahi's return to a Scottish prison with the leadership of the NTC, she would raise the matter again once a Libyan government had been formed. Clinton also indicated that, while preferring imprisonment in Scotland, she supported imprisonment outside Scotland over al-Megrahi remaining out of jail. In early November, the U.S. State Department indicated that it was preparing to make a "formal approach" to the NTC, requesting al-Megrahi's extradition to the United States.
Death
Al-Megrahi died at home in Tripoli on 20 May 2012 at the age of 60. His funeral was held the following day, on 21 May.[
British Prime Minister David Cameron, speaking at a ]NATO
The North Atlantic Treaty Organization (NATO, ; french: Organisation du traité de l'Atlantique nord, ), also called the North Atlantic Alliance, is an intergovernmental military alliance between 30 member states – 28 European and two No ...
summit in Chicago
(''City in a Garden''); I Will
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, said that it was a day to think of the victims of "an appalling terrorist act". Scottish First Minister
The first minister of Scotland ( sco, heid meinister o Scotland; gd, prìomh mhinistear na h-Alba ) is the head of the Scottish Government and keeper of the Great Seal of Scotland. The first minister chairs ...
Alex Salmond also stated that people should use the occasion of al-Megrahi's death to remember the Lockerbie victims.[ '']The Guardian
''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'' reported that Libyans "expressed relief rather than sadness" at news of al-Megrahi's death, as he was a reminder of the international sanctions that had impoverished the country following the bombing.
Many families of the Lockerbie victims called for al-Megrahi's appeal to be reopened following his death and headed by investigators outside Scotland, claiming that it would exonerate al-Megrahi. Cameron refused, stating, "I'm very clear that the court case was properly done and properly dealt with."
Alex Salmond said it was up to Megrahi's relatives to apply to the Scottish Criminal Case Review Commission to seek a further appeal, adding that his death "ends one chapter of the Lockerbie case, but it does not close the book".
Posthumous campaign and appeal
In May 2014, a group of relatives of the Lockerbie victims continued to campaign for al-Megrahi's name to be cleared by reopening the case.
On 5 June 2014, it was announced that one of Scotland's top criminal lawyers Aamer Anwar was instructed by immediate members of Al-Megrahi's family. Although Al-Megrahi had died from cancer following his compassionate release from prison an application was still being lodged with the Scottish Criminal Cases Review Commission seeking to review his case and return it to the appeal court as a miscarriage of justice. Aamer Anwar was also instructed by 24 British relatives of passengers who died on the flight, including Dr. Jim Swire. In December 2014, Frank Mulholland, the Lord Advocate
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(Scotland's senior law officer), restated his belief that al-Megrahi had been guilty of the bombing and that he was hopeful that progress might be made in the continuing investigation to find al-Megrahi's accomplices.
In December 2018 Eddie Fenech Adami
Edoardo "Eddie" Fenech Adami, (born 7 February 1934) is a Maltese politician and Nationalist politician who served as the prime minister of Malta from 1987 until 1996, and again from 1998 until 2004. Subsequently, he was the seventh president ...
, Malta's Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
at the time of the bombing, said "we have never accepted the theory" of how Abdul Baset Ali al-Megrahi transported the bomb from Malta to the UK and suggested that a miscarriage of justice had taken place.
In January 2021, the Scottish Court of Criminal Appeal rejected both the contention that a miscarriage of justice may have occurred over the non-disclosure of secret documents and also that a possibly unreasonable verdict had been arrived at. In contrast, the Scottish judges ruled that incriminating evidence concerning luggage tags, which had originally been deemed inadmissible, should have been ruled admissible at the original trial. The court found that the inclusion of this evidence made the case against al-Megrahi and his co-accused, Lamin Khalifah Fhimah
Lamin Khalifah Fhimah ( ar, الأمين خليفة فحيمة, ''al-Amīn Khalīfah Faḥīmah''; born 4 April 1956) is a former station manager for Libyan Arab Airlines at Luqa Airport, Malta. On 31 January 2001, he was acquitted of 270 cou ...
, substantially stronger.
See also
*Investigation into the bombing of Pan Am Flight 103
The investigation into the bombing of Pan Am Flight 103 began at 19:03 on December 21, 1988 when Pan Am Flight 103 was blown up over Lockerbie in Dumfries and Galloway, Scotland. The perpetrators had intended the plane to crash into the sea, destr ...
*Pan Am Flight 103 bombing trial
The Pan Am Flight 103 bombing trial began on 3 May 2000, 11 years, 4 months and 13 days after the destruction of Pan Am Flight 103 on 21 December 1988. The 36-week bench trial took place at a specially convened Scottish Court in the Netherlands set ...
* Pan Am Flight 103 conspiracy theories
*Hans Köchler's Lockerbie trial observer mission
Hans Köchler's Lockerbie trial observer mission stemmed from the dispute between the United Kingdom, the United States, and Libya concerning arrangements for the trial of two Libyans accused of causing the explosion of Pan Am Flight 103 over L ...
References
External links
Lockerbie Case Judgement
* ttps://web.archive.org/web/20081216005658/http://www.justiceformegrahi.com/ Aims & Objectives of Justice for Megrahi campaignbr>Website of Dr Jim Swire and Peter Biddulph
Dr Jim Swire: My hopes
24 September 2009
Abdelbaset Ali Al-Megrahi – My Story
Website Created September 2009, containing the grounds for appeal against conviction.
{{DEFAULTSORT:Megrahi, Abdelbaset Mohmed Ali Al-
1952 births
2012 deaths
20th-century criminals
Alumni of Cardiff University
Libyan Muslims
Libyan people convicted of murder
Libyan people imprisoned abroad
Libyan prisoners sentenced to life imprisonment
Pan Am Flight 103
People convicted of murder by Scotland
People from Tripoli
Deaths from cancer in Libya
Deaths from prostate cancer
Prisoners sentenced to life imprisonment by Scotland
People extradited from Libya
Mass murderers