![handle is hein.journals/edinlr14 and id is 1 raw text is: Scots Law News
Compassion for Megrahi
On 18 August 2009 the convicted Lockerbie bomber, Abdelbaset Al-Megrahi,
abandoned his appeal against conviction and sentence. Two days later, on
20 August, Scottish Justice Secretary Kenny MacAskill announced his decision to
release Megrahi on compassionate grounds. Megrahi flew home to Tripoli later
on the same day. Mr MacAskill emphasised in his speech and subsequent media
interviews that his decision reflected the compassionate values of Scots law and
the Scottish people. He rejected arguments that a man convicted of killing 270
people did not merit such compassion; Scots law said that a convicted person with
less than three months to live could be released on compassionate grounds. He
also made clear that an application made under the Prisoner Transfer Agreement
(PTA) between the UK and Libya (for which see http://www.publications.
parliament.uk/pa/jt200809/tselect/jtrights/71/71.pdf) had been rejected. Further,
there had been no deal under which Megrahi had dropped his appeal in return
for release.
The US Government manifested its disapproval of the decision although
President Obama's denunciation of it as a mistake was scarcely impassioned.
Given that the release was not made under the prisoner transfer agreement,
it was surprising to see the President suggest that Libya should place Megrahi
under house arrest. FBI Director Robert S Mueller III sent an emotional
letter of protest to Kenny MacAskill (see http://www.]bi.gov/pressrel/pressrelO9/
mueller082209.htm), the effect of which was somewhat marred by errors of fact
and misapprehensions as to the nature of the decision.
The Scottish Parliament was recalled to debate the matter on 24 August, and
a Scottish Government motion that the Justice Secretary's decision was taken
in accordance with the Scottish legal system was defeated on 2 September
with seventy three MSPs in favour of various opposition amendments, fifty
Government supporters and one abstention. It was disappointing to see the
votes (with two exceptions) go limply down party lines. In London the House
of Commons debated the Megrahi release on 12 October. The Foreign Secretary
made clear what was already obvious, that the UK Government did not wish to
see Megrahi die in a British prison because of the damage this would do to the
country's economic interests. But he insisted that no pressure had been placed on,
or agreement reached with, the Scottish Government, whose sole responsibility
the decision on the release had been.
What has been shown by the debates and public discussion? It seems clear
that the Justice Minister's decision was political, but not, we think, for the
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