Lockerbie Appeal : McBride claims First Minister has undermined impartiality over Megrahi transfer decision

Paul McBride, Vice Chair of the Faculty of Advocates, board member of the Legal Aid Board, and recently represented one Douglas Haggarty in a rent boy scandal, has claimed earlier statements made by First Minster Alex Salmond when he said that Abdelbaset Ali Mohmed al-Megrahi, the man convicted of the bombing of Pan Am Flight 103 over Lockerbie, Scotland in December 1988 should serve his sentence in Scotland, effectively undermines the First Minister from any measure of impartiality in making the final decision on Megrahi’s transfer to Libya.

The Scotsman reports :

Salmond warned over bomber

Published Date: 08 May 2009
By David Maddox

ONE of Scotland's top QCs has warned that Alex Salmond should play no part in deciding whether to transfer the Lockerbie bomber back to Libya.

Paul McBride, the vice-chairman of the Faculty of Advocates, said the First Minister's past statements that Abdelbaset Ali Mohmed al-Megrahi should serve his sentence in Scotland undermined ministerial impartiality on the decision.

It came after a row in Holyrood over answers Mr Salmond gave in First Minister's questions when he was asked about al-Megrahi's transfer application.

The application, made after Libya signed a prisoner transfer agreement with the British government, has to be decided by justice secretary Kenny MacAskill after discussions with colleagues including Mr Salmond.

Yesterday Mr Salmond was asked by Scottish Liberal Democrat leader Tavish Scott whether he stood by statements made in 2007 and 2008 that the Lockerbie bomber should serve his sentence in Scotland.

Last year Mr Salmond said: "Anybody connected and convicted of the Lockerbie bombing should serve their sentences under Scottish jurisdiction."

Yesterday he insisted the decision would be made "on judicial grounds and judicial grounds alone". Mr McBride said: "Given what he has said in the past, the First Minister should play no part in this decision. If a judge expressed such a view before considering the case it would be open to challenge and the same is true of a minister."

Further concerns were expressed when Mr Salmond agreed with SNP backbencher Christine Grahame that it would be better if Megrahi's appeal continued. The appeal would have to be dropped if the transfer application were to be considered and victims' families are concerned this will prevent new evidence coming out.

Labour's Elaine Murray said Mr Salmond's reply "may give the Libyan government grounds to seek judicial review should their application be rejected".

Lockerbie Appeal : Libya applies for Megrahi transfer

Today, Libya applied to the Scottish Government for the transfer of the man convicted of the bombing of Pan Am flight 103 over Lockerbie, Scotland in December 1988.

Libya has requested that Abdelbaset Ali Mohmed al Megrahi be transferred back to his home country, under the terms of the Prisoner Transfer Agreement recently ratified by the UK and Libyan authorities.

The Herald reports :

Libya applies for transfer of Lockerbie bomb prisoner

The Libyan authorities have applied for the transfer of the man convicted of the Lockerbie bombing, the Scottish government said today.

The move, which could see Abdelbaset Ali Mohmed al Megrahi sent home to Libya to serve out his sentence, follows last week's ratification of a prisoner transfer agreement between the British and Libyan governments.

A Scottish government spokesman said: "The application will be considered by officials who will provide information and advice to Scottish ministers for decision on this matter.

"Under the terms of the agreement this process may take 90 days although it could be longer if further information is required in relation to the application, or for another reason."

Al Megrahi, who has been diagnosed with prostate cancer, is in Greenock prison serving a life sentence with a minimum of 27 years for the 1988 atrocity in which 270 people died.

His second appeal against conviction began at the Appeal Court in Edinburgh last week, but this must be dropped if his transfer to a Libyan jail is to take place.

Dr Jim Swire, whose daughter Flora was on board the Pan Am flight 103, welcomed the development.

He said: "I am not opposed to this simply because I don't believe the man is guilty as charged and I don't think Megrahi should be in prison."

He said it was only "right" Megrahi, who is dying from cancer, should be allowed home.

But Dr Swire added: "He has to renounce his appeal before he can go home. Just because the authorities have applied doesn't mean it is going to happen immediately."

Lockerbie Appeal : Prisoner Transfer Agreement signed between UK & Libya

The Prisoner Transfer Agreement signed today by British & Libyan officials, could see Abdelbasset Ali al-Megrahi sent back to Libya soon, although at the expense of dropping his ongoing appeal in the Scottish Courts against his conviction for the bombing of Pan Am flight 103 over Lockerbie, Scotland in December 1988 in which 270 people died.

BBC News reports :

UK and Libya make prisoner deal

The UK has signed a prisoner transfer agreement with Libya, the Foreign Office has confirmed.

The agreement will allow the man convicted of the Lockerbie bombing to apply to serve the rest of his sentence in a Libyan jail.

Abdelbasset Ali al-Megrahi, 57, who has prostate cancer, is currently being held in Greenock prison in Scotland.

He has begun a second appeal against his conviction for the 1988 attack on Pan AM Flight 103.

The BBC's North Africa correspondent, Rana Jawad, said the package treaty encompasses four agreements, including prisoner transfer, extradition, mutual legal assistance, and civil and commercial law.

Any possible transfer to a Libyan prison would depend on Megrahi dropping his current appeal, which is expected to last a year.

And any transfer would have to be decided by Scottish ministers, who would have the final say.

There has been no comment from Megrahi's legal team about whether they are to apply for him to be transferred to a Libyan jail.

Megrahi's second appeal is being heard by five judges in Edinburgh, headed by Scotland's senior judge, the Lord Justice General, Lord Hamilton.

He has already lost one appeal against his conviction for the 1988 atrocity in which 270 people died.

Since then he has been in prison in Scotland, and must remain in jail until at least 2026.