Lockerbie bombing appeal: Judges 'entitled' to infer Megrahi role
- Published
Trial court judges were fully entitled to infer the late Abdelbaset al-Megrahi was involved in the Lockerbie bombing, an appeal has been told.
Advocate depute Ronald Clancy said the Libyan's use of a false passport - and other evidence - combined to form a pattern that suggested his involvement.
He said a "significant chapter" of evidence supported that conclusion.
A third appeal against his conviction for the 1988 bombing has been heard at the High Court in Edinburgh.
Former Libyan intelligence officer Megrahi, who was found guilty in 2001, was the only person convicted of the attack.
He died in 2012 after being released from prison on compassionate grounds after being diagnosed with terminal cancer.
Mr Clancy, representing the Crown, told the posthumous appeal a number of factors suggested his involvement, including his use of a false passport.
He said that it was an "entirely legitimate inference to draw" and "certainly well within the range of inferences open to a reasonable jury".
He said the trial court was "fully entitled" to make such inferences.
Claire Mitchell QC, representing the Megrahi family, earlier told the appeal that evidence in relation to his identification was of "poor quality".
She said the trial court had read into a mass of conflicting evidence a conclusion which was not justified.
She also argued that the dock identification by Maltese shopkeeper Tony Gauci saying Megrahi resembled a man who bought clothing - fragments of which were linked with the suitcase containing the bomb - was of "virtually no value".
'As soon as possible'
However, Mr Clancy said that ignored the "important point" that it was "simply the last of a series of consistent resemblance identifications going back to February 1991".
He said the trial court was "fully entitled to conclude that Tony Gauci's identification evidence was well above the baseline of quality required".
At the end of the proceedings, which took place virtually, Lord Carloway said the panel of five judges will issue a written opinion "as soon as it possibly can".
Megrahi's first appeal against his conviction was refused by the High Court in 2002 and was referred back five years later after a Scottish Criminal Case Review Commission review.
He abandoned this second appeal in 2009, shortly before his release from prison.
- Published24 November 2020