Abdelbaset al-Megrahi

Abdelbaset Ali Mohmed al-Megrahi ( ar, عبد الباسط محمد علي المقرحي, ; 1 April 1952 – 20 May 2012) was a Libyan who was head of security for Libyan Arab Airlines, director of the Centre for Strategic Studies in Tripoli, Libya, 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 over Lockerbie, Scotland, on 21 December 1988 and was sentenced to life imprisonment. His co-accused, Lamin Khalifah Fhimah, was found not guilty and was acquitted.

Megrahi unsuccessfully appealed against his conviction in January 2001. In June 2007, the Scottish Criminal Cases Review Commission 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 prostate cancer. 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. 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 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, Abdelbaset al-Megrahi was born in Tripoli 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, 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 and the prosecution in the Lockerbie case that he was also an officer of the Libyan intelligence service, Jamahiriya el-Mukhabarat.

Indictment and arrest

In November 1991, Megrahi and Fhimah were indicted by the US Attorney General and the Scottish Lord Advocate for the bombing of Pan Am Flight 103. 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 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 list. This list offered a US$4 million reward from the US Air Line Pilots Association, Air Transport Association, and United States Department of State, and $50,000 from the Federal Bureau of Investigation (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 and was given political impetus by the British foreign secretary, Robin Cook.

Protracted negotiations with the Libyan leader, Colonel Muammar Gaddafi, and the imposition of UN economic sanctions 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 at Camp Zeist was presided over by three senior judges and an additional, non-voting, judge. The two accused, Megrahi and Lamin Khalifah Fhimah, 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 in Scotland.

Representing Megrahi were his solicitor, Alistair Duff, and advocates William Taylor QC, 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, 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, Lord Fraser of Carmyllie, 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 guilty of the remaining charge in the indictment as amended." Megrahi was sentenced to life imprisonment, with a recommendation that he should serve at least 20 years before being eligible for parole.

The judges unanimously found the second accused, Lamin Khalifah Fhimah, 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. In February 2005, he was transferred to HM Prison Greenock.

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
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