Thursday 6 August 2009

MacAskill in row over prison visit to Megrahi

[This is the headline over The Herald's report on reactions to the Justice Secretary's visit to Abdelbaset Megrahi. It reads in part:]

Labour has been plunged into a row over the party's criticism of the Scottish Justice Secretary's visit to the man convicted of the Lockerbie bombing.

Opposition politicians rounded on Kenny MacAskill after he met Abdelbaset Ali Mohmed al Megrahi as he considers a request for him to be transferred to Libya. Labour's justice spokesman, Richard Baker, accused Mr MacAskill of setting a "dangerous precedent" by visiting the Libyan in Greenock Prison, where he is serving a 27-year sentence.

He said: "Does every convicted murderer get a chance to meet the Justice Minister if they fall ill? Megrahi's appeal is ongoing and Mr MacAskill should not be meeting this man."

But Tam Dalyell, the former Labour MP who has long argued Megrahi's innocence, told The Herald: "I feel very strongly that Mr MacAskill was right to have gone to see Mr Megrahi.

"He was my opponent and I have disagreed with Mr MacAskill on many matters, but on this, I strongly support him."

When asked if criticism of his visit was wrong, he replied "totally" before adding of the Justice Secretary's decision: "He has already seen the relatives of victims of the bombing. He has already seen the US law officers and frankly it's a unique case.

"I believe Megrahi had nothing to do with the crime and that he was a sanctions-buster for Libyan airlines.

"But on this particular point, I think it's totally unfair to criticise Mr MacAskill for going to see him. I wish Labour members of the Scottish Parliament had shown more interest in the whole Lockerbie saga and clearly Mr Baker knows little about it." (...)

In May the Libyan Government applied for the prisoner transfer of Megrahi under a controversial agreement signed with Westminster. However, for the transfer to go ahead Megrahi would have to first drop his appeal.

Last month The Herald revealed that Megrahi had applied to return to Tripoli on "compassionate release" because he is terminally ill.

Technically he could continue his appeal, but there is a growing expectation that he would be encouraged to first drop legal proceedings. (...)

Professor Robert Black, one of the architects of the trial at Zeist, said the visit was a "first" in Scottish legal history, but expressed concerns about any pressure being placed on Megrahi to drop the appeal.

A Scottish Government spokesman said: "The Justice Secretary is quite clear that he must have the fullest picture possible before making this important decision.

"To suggest he may do the same for any other convicted prisoner is just ridiculous. This is a unique situation."

[The Scotsman's report on the issue can be read here. The Times's report contains the following:

'Yesterday, after a half-hour visit to the Libyan in Greenock Prison by Kenny MacAskill, the Justice Secretary, it was revealed that a medical report on al-Megrahi's condition had been ordered by the Scottish government, and a spokeswoman said that it was expected soon. “The Cabinet Secretary is keen to move on it as soon as he can,” she added.

'Clear signs that ministers are anxious to resolve the matter in the Libyan's favour if possible came when it was indicated that they intended to be “flexible” in interpreting the rules which govern the term “compassionate grounds”. Scottish Prison Service guidelines state that these mean that inmates with three months to live or less may be released. However, it emerged that these guidelines could be relaxed in al-Megrahi's case. (...)

'A spokeswoman for Mr MacAskill said he spent about half an hour with al-Megrahi during the visit, which had been arranged while the minister was considering the Libyan's application for a transfer. The Justice Secretary has already spoken to the US Attorney General and British and American victims' families as part of considering the request. The spokeswoman confirmed that the visit would be used, not only to consider the prisoner transfer issue, but al-Megrahi's subsequent plea for release on compassionate grounds.

'“We are seeking medical advice and medical reports which we would not have sought under the prisoner transfer application. We are hoping to get the reports as soon as we can. The Cabinet Secretary is keen to move on it as soon as he can,” she said.

'When asked if the decision would be dependent on whether al-Megrahi had three months or less to live, the spokeswoman replied: “They are guidelines, they are flexible.” The Times understands that Mr MacAskill is aiming to make an announcement before the end of this month.

'Supporters are hoping the Libyan will be granted compassionate release in order to allow the continuation of his latest attempt to clear his name. The Scottish Criminal Cases Review Commission referred his case back to the courts two years ago on six points that may have constituted a miscarriage of justice. The first stage of the appeal has been heard in Edinburgh, but no ruling is expected until the autumn as one of the presiding judges is recovering from heart surgery.

'Pursuing a prisoner transfer, on the other hand, would force al-Megrahi to abandon his appeal. The terms of the deal permit deliberations, but forbid a final decision on the request while legal proceedings are taking place.']

1 comment:

  1. Dear Mr Baker,

    Judging from your recent outpourings, clearly your party's (UK 'New' Labour that is) position has diverged from its halcyon days of opposition. Allow me to quote from those most discomfiting investigative journalists Mr Ashton and Mr Ferguson in the final paragraph of 'COVER-UP OF CONVENIENCE': 'The Labour Party, when in opposition, promised the British victims' relatives that they would order an inquiry when they got into office. It will be to the government's lasting shame if it were to now renege on that promise.'

    Given that, what precisely is your problem?

    I concur entirely with your elder and better Mr Dalyell when he says that you obviously 'know little about it (the case).'

    Should you feel it necessary to further your education on the matter, might I suggest that prior to going off half-cocked, you purchase a copy of the aforementioned book (now only some £66 in paperback, but no doubt a snip at the price for a parliamentarian with an expense account). Or, if you find reading too challenging, why not check out the documentaries: 'LOCKERBIE REVISITED' by Levy/Ferguson (recently screened in the Scottish Parliament for the benefit of SMPs. Perhaps you had more pressing matters to attend to at the time, with the result that you may have missed it) or 'THE MALTESE DOUBLE CROSS' by Francovich (still available on the net).

    Toodle pip old bean,
    Robert Forrester (Justice for Megrahi).

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