The following article appears in the latest issue of Private Eye:
The recent decision of the Scottish Criminal Cases Review Commission (SCCRC) by the Scottish body that it would not be reviewing the case of Abdelbaset al-Megrahi, has been met with dismay and incredulity by those who want to get to the truth behind the Lockerbie bombing.
The SCCRC said its decision that it a further investigation was “not in the interests of justice” was made with “some regret”. It blamed an inability to gain access to defence appeal papers and other materials – which has outraged those who say they could have been supplied.
Eye readers will remember that back in 2007, the SCCRC identified no less than six grounds for a possible miscarriage of justice, paving the way for Megrahi’s appeal in 2009. After endless delay by the Crown, the appeal was abandoned when the ailing Libyan returned to his country to die with his family. Since then other material has come to light, including new scientific evidence which shows – contrary to assertions made at Megahi’s trial – that a bomb timer fragment found at the crash site was no match for those known to have been supplied to Libya.
It was this evidence which raised more serious questions not only about Megrahi’s guilt but also over any part played by Libya, which last year prompted a number of the relatives of the 270 who perished in the 1988 blast – supported by members of Megrahi’s family – to launch a new SCCRC application. It was, they claimed, the “worst miscarriage of justice in British legal history”.
But this month commissioners said “a great deal of public money and time” was expended on its original review of Megrahi’s case only for the apeal to be abandonned and it was not convinced of the family’s willingness to co-operate with the new review or take the matter to appeal.
A John Ashton, Megrahi’s biographer, who worked with the defence team, accused the commission of incompetence: “If it had really wanted access to the appeal papers, it only needed to ask. Mr Megrahi had allowed me to keep a set of papers, which I was happy to share with the commission.”
Tony Kelly, Megrahi’s former solicitor, had also made it clear he was anxious to assist, and had requested the SCCRC set out the legal basis for the request, so he could meet his duties of confidentiality to a former client. That was not forthcoming.
The SCCRC decision was the second blow to the victims’ relatives. In summer the appeal court ruled that they did not have a “legitimate interest” in pursuing an appeal on Megrahi’s behalf.
Nevertheless Jim Swire, father of Flora who died in the terrorist atrocity, told the Eye they were still hopeful the demands for documentation would be met. They are also awaiting the findings of a police investigation into nine allegations of criminal conduct against the Scottish Crown Office and named individuals over the conduct of the Lockerbie investigation and the 2001 trial. Now aged 79, he remains as determined as ever expose the cover-ups and deceit (Eyes passim ad nauseum) which have denied everyone justice.