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The Scottish government has met Libyan officials to discuss the potential return of Abdul Baset Ali al-Megrahi, the Lockerbie bomber, to his home country. Holyrood officials have also discussed the matter with US senators.
Al-Megrahi, 56, is serving a life sentence with a minimum term of 27 years after being convicted in 2001 of the bombing All 259 men, women and children on board the aircraft died, along with 11 residents of the Scottish Borders town who were killed by falling wreckage.
The talks have taken place ahead of the forthcoming ratification of a Prisoner Transfer Agreement (PTA) between Britain and Libya, which would allow al-Megrahi to serve the remainder of his sentence at home. His deteriorating health has also played a part. It emerged last year that al-Megrahi is suffering from prostate cancer, which has reportedly spread to his spine and pelvis.
If the Libyan pursues a transfer he will be forced to give up his attempts to clear his name. Al-Megrahi, who has consistently protested his innocence, is due to launch a second appeal against his conviction at the end of next month. The complex appeal was expected to take up to a year, but it is thought the Libyan may be ready to abandon his legal battle in order to spend his remaining time with his family.
The prisoner transfer deal was signed by British ministers and Libya in November last year and is expected to be ratified early next month. When the document comes into force, responsibility for deciding whether al-Megrahi should serve the remainder of his sentence in his home country will pass to Kenny MacAskill, the Scottish Justice Secretary.
A spokesman for Mr MacAskill confirmed yesterday that officials have been involved in talks about the transfer deal. “At the request of the Libyan government, there have been meetings between Executive officials and officials of the Libyan Government,” the spokesman said. “These have been concerned with factual matters of the Scottish judicial system and how these relate to PTAs and other matters. A meeting has also taken place with US senators' representatives.” He added: “We understand there have been similar meetings with UK Government officials.”
According to reports yesterday, the Scottish official involved was Robert Gordon, director-general of the SNP Administration's justice department. A Sunday newspaper claimed that sources close to the Libyan delegation said Mr Gordon encouraged them to apply for a transfer. Robert Black, QC, the retired Edinburgh law professor who was instrumental in arranging al-Megrahi's trial at Camp Zeist in the Netherlands, said a transfer would avoid potentially humiliating details about the Scottish justice system being revealed during a lengthy appeal. “It has been my view for some months that every effort was being made to push al-Megrahi down the prisoner transfer route to avoid the embarrassment that would follow for our justice system and our governments if the appeal went ahead,” he said.
Last year al-Megrahi's lawyers sought for him to be freed pending the conclusion of the appeal because of his cancer diagnosis, but the request was refused. In theory, the Libyan could also apply to Scottish ministers for “compassionate release”, but guidelines suggest that only those with three months or less to live can be considered.
Dan Cohen, from New Jersey, whose daughter Theodora died in the bombing, said there would be violent opposition among American victims' families to al-Megrahi being repatriated. “He would go home as a hero,” he said.
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