On final day of Lockerbie appeal, judges told Megrahi WAS bomber
FIVE judges are deliberating over whether to acquit the Lockerbie bomber following the conclusion of the third appeal against his conviction.
Lord President Lord Carloway closed the hearing yesterday at the High Court in Edinburgh, sitting as the Court of Appeal. The panel will issue a written opinion on Abdelbaset Ali Mohmed Al Megrahi ‘as soon as it possibly can’.
The bombing of Pan Am flight 103 over Lockerbie, Dumfriesshire, on December 21, 1988, killed 270 people.
Former Libyan intelligence officer Megrahi was found guilty in 2001 of mass murder and jailed for life. He was the only person convicted of the attack.
The court heard yesterday that trial judges were entitled to infer Megrahi was involved in the bombing.
Advocate depute Ronald Clancy, for the C r own, said Megrahi’s use of a false passport to travel to Malta – from where the plane carrying the bomb left – and other evidence formed a pattern that suggested his involvement.
A fresh appeal against the conviction was lodged after the Scottish Criminal Cases Review Commission (SCCRC) ruled a possible miscarriage of justice may have occurred.
It argues that ‘no reasonable jury’ could have returned a guilty verdict, and that key documents were not disclosed by the Crown. The posthumous appeal has been launched by the family of Megrahi, who died in 2012.
Their legal team – Claire Mitchell, QC, and Gordon Jackson, QC – have questioned the date Megrahi is said to have purchased clothing found in a suitcase containing the bomb and the evidence of shopkeeper Tony Gauci.
It was claimed undisclosed documents show the witness had ‘an interest in receiving money’ and had the defence known, then his credibility could have been attacked.
Mr Clancy insisted the witness had not expected payment. He added that the trial defence knew there was a risk of Mr Gauci firming up on his position without a soft approach, so disclosure would not have changed their strategy.