Today The Herald exclusively publishes details of the report of the Scottish Criminal Cases Review Commission (SCCRC) showing why the conviction of Abdelbaset Ali Mohmed al Megrahi for the Lockerbie bombing was referred for a second appeal.
Data protection restrictions have prevented both the Scottish Government and the commission itself from releasing the report, although the Scottish Government, which has said it wants publication in the interests of transparency, is seeking permission to publish from the UK Justice Secretary. However, with the release last month of Megrahi's authorised biography, some of the material which led the SCCRC to conclude the conviction was potentially unsafe began to seep into the public domain.
This newspaper has taken a close interest in the case over many years and has revealed a number of significant developments, including the facts that Megrahi intended to drop the appeal and that the Crown failed to disclose a number of documents to the defence. In consequence, we have consistently called for publication of the SCCRC report and for a public inquiry into the case. Having seen the report, we are now further convinced that publication and investigation are necessary if justice is to be served and the Scottish legal system is to retain public confidence.
It must be of serious concern that the Crown not only failed to share significant information with the defence leading up to the trial in 2000 at Camp Zeist in The Netherlands but also subsequently delayed providing the SCCRC with documents and then said it did not hold certain records.
The SCCRC report reveals that Strathclyde police officers found the brother of the Crown's key witness, the Maltese shopkeeper Anthony Gauci, anxious to gain financial advantage from their position as potential witnesses. The case hinged on Anthony Gauci identifying Megrahi as having bought clothes in his shop that were found in the suitcase containing the bomb.
There must be doubt over the quality of evidence given in return for a reward and the absence of any documentation relating to payments known to have been made deepens suspicion. This is reinforced by the additional failure to disclose that Mr Gauci had identified Megrahi from a photograph in a magazine article about the Lockerbie bombing.
It must be remembered that at the time the Crown was not required to disclose these documents (none was). However, the withholding of information from the defence has since been successfully challenged in the Supreme Court and it is clearly in the interests of all that the case should be re-examined with the benefit of all the available evidence. That remains difficult in relation to two further intelligence documents (one involving the bomb timer) because the commission cannot disclose their contents without permission from their country of origin. Even without them, it seems that if the material gathered by the SCCRC had been disclosed it is unlikely that Megrahi would have been convicted.
Such is the level of doubt over this case that it must be a matter of regret that Megrahi decided to drop his appeal although there was no requirement on him to do so because he was released on compassionate grounds and not under the prisoner transfer agreement. It is increasingly difficult to argue the report should be withheld to comply with data protection law and the Scottish Government should push for permission to publish in the interest of shedding light on a conviction that, far from closing the case on Britain's worst terrorist atrocity, has, with the passage of time and the growing volume of revelations, raised questions about the integrity of Scottish justice.
Taking account of our disclosures today and tomorrow, the case for a public inquiry has become even more compelling.
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereComments are closed on this article