No new review of Lockerbie bombing conviction, SCCRC decides

It is "not in the interests of justice" to continue with a review of the conviction of the late Abdelbaset Ali Mohmed Al-Megrahi, the man found guilty of the bombing of Pan Am flight 103 over Lockerbie, the Scottish Criminal Cases Review Commission announced yesterday.

The Commission has refused to take forward an application from Aamer Anwar & Co, solicitors, in June 2014, made behalf of the Justice for Megrahi group, which includes Dr Jim Swire, the Rev John Mosey and a number of other family members of the victims of the bombing. The application also appeared to be supported by the members of the family of the late Mr Megrahi.

In July the High Court of Justiciary decided, on a reference by the Commission, that it was not competent for relatives of the victims to instruct any future appeal if the case was referred. 

In a statement the Commission said it also had to consider the circumstances surrounding the abandonment of Mr Megrahi’s previous appeal. To enable it to do so it was imperative that the Commission be provided with the defence appeal papers. After a period of 14 months, and despite various requests having been made of the Megrahi family and of the late Mr Megrahi’s previous solicitors, Taylor & Kelly, "these have not been forthcoming".

Following a further request for specific materials from Aamer Anwar & Co, the Commission said it had been advised that there was "little prospect" of either the information or the defence papers being provided in the near future. "The Commission is unable to consider the relevant matters properly and now has little confidence in the willingness of the Megrahi family to cooperate with the current review or to take forward any subsequent appeal", it added.

The Commission’s chairman, Jean Couper, commented: "A great deal of public money and time was expended on the Commission’s original review of Mr Megrahi’s case which resulted, in 2007, in him being given the opportunity to challenge his conviction before the High Court by way of a second appeal.

"In 2009, along with his legal team, Mr Megrahi decided to abandon that appeal. Before agreeing to spend further public money on a fresh review the Commission required to consider the reasons why he chose to do so.

"It is extremely frustrating that the relevant papers, which the Commission believes are currently with the late Mr Megrahi’s solicitors, Messrs Taylor & Kelly, and with the Megrahi family, have not been forthcoming despite repeated requests from the Commission. Therefore, and with some regret, we have decided to end the current review.

"It remains open in the future for the matter to be considered again by the Commission, but it is unlikely that any future application will be accepted for review unless it is accompanied with the appropriate defence papers. This will require the cooperation of the late Mr Megrahi’s solicitors and his family."

Mr Anwar of Aamer Anwar & Co said: "Those who instruct us are deeply disappointed with the Commission's decision. However, it is hoped that once the security situation improves in Libya we will be able to pursue the SCCRC applicatin in the hope that the Megrahi case is successfully referred back to the court of appeal."

Taylor & Kelly affirmed that it remained anxious to assist.