Lockerbie bombing: Megrahi family plea to access government documents

Megrahi was released from prison to return to Libya in 2009

Lawyers for the family of the only man convicted of the Lockerbie bombing have asked to see protected UK government documents on the case.

They said it was "in the interest of justice" that they saw the items, which are covered by a public interest immunity certificate.

The call came as an appeal against Abdelbaset al-Megrahi's conviction returned to court.

He was found guilty of the terrorist attack that killed 270 people in 1988.

Megrahi's family have requested a posthumous appeal against the conviction following his death in 2012.

• The town scarred by Pan Am flight 103

• Wreaths laid to mark Lockerbie bombing 30th anniversary

• Timeline: Lockerbie bombing

A virtual hearing took place before the Lord President Lord Carloway, Lord Justice Clerk-Lady Dorian and Lord Menzies.

Claire Mitchell QC, representing the Megrahi family, said the defence should have access to the protected documents.

She told the court: "Given the passage of time, these documents should fall now to be disclosed."

Ms Mitchell also said there had been a "systemic failure of disclosure" over a range of other documents connected with the case.

Proper system

However, advocate depute Ronald Clancy QC said the Crown had gone out of its way to be "transparent" and provide material.

He said part of the problem with the "systemic failure argument" was that no attempt was made to define what the proper system should have been at the time.

Ian Duguid QC, representing the Advocate General, said the Secretary of State for Foreign and Commonwealth Affairs continued to assert public interest immunity over the two protected documents.

Lord Carloway said the judges would issue a written decision on the proceedings in due course, while the full appeal court hearing is provisionally scheduled to start on 23 November before five judges.

How did we get here?

A total of 270 people died in the Lockerbie bombing in 1988

US and British investigators indicted Megrahi in 1991 but he was not handed over by the Libyans until April 1999.

May 2000 - A special trial under Scots law starts on neutral ground at Camp Zeist in the Netherlands.

31 January 2001 - Former Libyan intelligence officer Megrahi is found guilty of mass murder and jailed for life with a minimum term of 27 years.

March 2002 - Megrahi loses an appeal against his conviction.

September 2003 - The Scottish Criminal Cases Review Commission (SCCRC) is asked to investigate Megrahi's conviction.

June 2007 - The SCCRC recommends that Megrahi is granted a second appeal against his conviction.

18 August 2009 - Megrahi's move to drop his second appeal is accepted by judges at The High Court in Edinburgh.

20 August 2009 - Megrahi, who has terminal prostate cancer, is released from prison on compassionate grounds.

May 2012 - Megrahi dies at his home in Tripoli, aged 60.

July 2015 - Scottish judges rule that relatives of the Lockerbie bombing victims should not be allowed to pursue an appeal on Megrahi's behalf. Courts had previously ruled that only next of kin could proceed with a posthumous application.

July 2017 - Megrahi's family launched a new bid to appeal against his conviction.

March 2020 - The Scottish Criminal Case Review Commission said Megrahi's conviction can be taken to a fresh appeal.

The appeal bid was lodged three years ago on behalf of Megrahi's family and supported by relatives of some of those killed in the disaster.

The Scottish Criminal Case Review Commission (SCCRC) said it had considered six grounds of review and concluded that a miscarriage of justice may have occurred by reason of "unreasonable verdict" and "non-disclosure".

It rejected the four other possible grounds of review.

It said that "no reasonable trial court could have accepted that Megrahi was identified as the purchaser" of items that were inside a bomb suitcase used in the attack.

It also found that the Crown should have disclosed to the defence a statement and a police report concerning possession of photographs of Megrahi by a Maltese shopkeeper whose evidence helped to convict the Libyan.

The commission has published further details of its findings on its website.

Solicitor Aamer Anwar, who represents Megrahi's family, said they are "determined to see this through to end."

He added: "It was the dying wish of their father that justice would be done. What is disappointing is that the Libyan government had promised funding but we have worked unfunded for the last six and a half years."

"It's a David and Goliath battle but we're determined to see this through to the end and the family hope they will be present for the appeal hearing."