The son of Lockerbie bomber Abdelbaset al-Megrahi has lost an appeal against his late father’s conviction.
The bombing of Pan Am flight 103, travelling from London to New York on December 21 1988, killed 270 people in Britain’s largest terrorist atrocity.
Former Libyan intelligence officer Megrahi was found guilty in 2001 of mass murder and jailed for life with a minimum term of 27 years – the only person convicted of the attack.
A third appeal against his conviction was heard in November at the High Court in Edinburgh, before a panel of five judges sitting as the Court of Appeal.
Judges have now rejected both grounds of appeal, meaning his conviction stands.
Former Libyian intelligence officer Abdelbaset al-Megrahi is the only person to have been convicted of involvement in the Lockerbie bombing which claimed 270 lives
Lawyer Aamer Anwar said the family have instructed him to lodge an appeal against the ruling at the UK Supreme Court
The family of Megrahi said they are ‘heartbroken’ at the decision, and plan to appeal against it at the UK Supreme Court.
Megrahi was released from prison in 2009 on compassionate grounds while terminally ill with cancer, and died in Libya in 2012.
The latest appeal against his conviction was lodged after the Scottish Criminal Cases Review Commission (SCCRC) referred the case to the High Court in March 2020, ruling a possible miscarriage of justice may have occurred.
Judges then granted his son, Ali al-Megrahi, permission to proceed with the appeal in relation to the argument ‘no reasonable jury’ could have returned the verdict the court did, and on the grounds of non-disclosure of documents by the Crown.
In a statement released through their lawyer Aamer Anwar after the ruling was published on Friday, the family said: ‘Ali Al-Megrahi, the son of the only man convicted of the Lockerbie bombing, said his family were left heartbroken by the decision of the Scottish courts, he maintained his father’s innocence and is determined to fulfil the promise he made to clear his name and that of Libya.
‘All the Megrahi family want for Scotland is peace and justice, but as Ali stated today their journey is not over, Libya has suffered enough, as has the family for the crime of Lockerbie, they remain determined to fight for justice.’
Megrahi’s original trial was held at a special Scottish court sitting at Camp Zeist in the Netherlands.
During the appeal hearing in November, advocate depute Ronald Clancy QC, for the Crown, said trial court judges were fully entitled to infer Megrahi was involved in the Lockerbie bombing.
He said Megrahi’s use of a false passport to travel to Malta – from where the plane carrying the bomb left just before the atrocity – taken along with other evidence, combined to form a pattern that suggested his involvement.
Claire Mitchell QC, representing the Megrahi family, said evidence in relation to identification was of ‘poor quality’ and the dock identification, when shopkeeper Tony Gauci said Megrahi resembled the man who bought the clothing later found in a suitcase containing the bomb, was ‘virtually of no value’.
Mr Clancy said that ignores the ‘important point’ that the dock identification was ‘simply the last of a series of consistent resemblance identifications going back to February 1991’.
Megrahi’s first appeal against his conviction was refused by the High Court in 2002 and was referred back five years later after an SCCRC review.
He abandoned this second appeal in 2009, shortly before his release from prison on compassionate grounds.
Meanwhile, the US Justice Department charged a ‘third conspirator’ in connection with the bombing on the 32nd anniversary of the atrocity last month.
The US alleges Abu Agila Mohammad Masud Kheir Al-Marimi was the bombmaker and has charged him with terrorism-related crimes.
A second suspect, Al Amin Khalifa Fhimah, stood trial with Megrahi but was acquitted.
Scotland’s Lord Advocate James Wolffe QC said the investigation into the atrocity continues and there remain suspects under active investigation.
He said: ‘The bombing of Pan Am 103 is, to this day, the deadliest terrorist attack on UK soil and the largest homicide case Scotland’s prosecutors have ever encountered in terms of scale and of complexity.
‘The evidence gathered by Scottish, US and international law enforcement agencies has again been tested in the Appeal Court, and the conviction of Abdelbaset Ali Mohmed Al Megrahi stands.’
The written judgment rejecting the appeal, delivered by Scotland’s most senior judge, Lord Carloway, the Lord Justice General, states ‘the contention that the trial court reached a verdict that no reasonable court could have reached is rejected’.
‘On the evidence at trial, a reasonable jury, properly directed, would have been entitled to return a guilty verdict,’ it continues.
‘The contention that the Crown failed to disclose material which would have created a real prospect of a different verdict is rejected.’
The judgment concludes: ‘Both grounds of appeal having been rejected, the appeal against conviction is refused.’
Police Scotland Chief Constable Iain Livingstone said: ‘The bombing of Pan Am 103 and the terrible loss of 270 lives has had a profound impact in Lockerbie, Scotland, and internationally.
‘On behalf of the Police Service of Scotland, I pay tribute to the families of the victims who have demonstrated courage and dignity for over 30 years and my thoughts remain with them today.
‘Since 1988 policing in Scotland has been committed to carrying out the largest terrorist and murder investigation ever undertaken in this country.
‘Police Scotland will continue to work closely on this investigation with the Crown Office, our American law enforcement colleagues and other international partners.’
The damaged aircraft cockpit of Pan Am 103 that exploded killing 270 people is pictured after the bombing
The judgment continues: ‘The critical question for the trial court was not whether Mr Megrahi had been identified beyond reasonable doubt as the purchaser of the clothes. It was whether it had been proved beyond reasonable doubt that Mr Megrahi had participated in the deliberate delivery of the bomb onto the Frankfurt flight from Luqa, with the bomb’s eventual destination being on flight PA 103 from Heathrow.
‘Mr Gauci’s identification of Mr Megrahi as resembling the purchaser was but one of several elements in that proof. In analysing the evidence, it is not appropriate to isolate that of Mr Gauci’s identification from these other 32 elements. The evidence has to be looked at overall.’
Scotland’s Justice Secretary Humza Yousaf said: ‘My thoughts continue to be with all those who lost loved ones on that terrible evening more than 30 years ago. The strength and compassion they have shown has created a legacy of friendship and ensured that the memory of those who died lives on.
‘The Scottish Government has always been clear that as Mr al-Megrahi was convicted in a court of law, that is the only appropriate forum for determining his guilt or innocence.
‘The Scottish Criminal Cases Review Commission referred Mr al-Megrahi’s conviction back to the Appeal Court, through established procedures, because it believed that a miscarriage of justice may have occurred.
‘Having heard the appeal on behalf of the late Mr al-Megrahi, the Appeal Court has determined that there was no miscarriage of justice and his conviction for his part in the Lockerbie bombing stands.
‘The Scottish Government does not comment on nor intervene in any criminal case. The investigation into the Lockerbie bombing remains ongoing.’
The legal team last year demanded access to secret Government papers – covered by a public interest immunity certificate – claiming it was ‘in the interest of justice’ that the defence got to see the two documents.
An appeal against Megrahi’s conviction was lodged after the Scottish Criminal Cases Review Commission (SCCRC) referred the case to the High Court in March, ruling a possible miscarriage of justice may have occurred.
At a previous virtual hearing in August 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.
‘As the court will understand, the public interest immunity claimed in 2008 when the proceedings were ongoing in 2008, I would respectfully submit that should not be held to apply in 2020, the reason for that primarily is the passage of time must have an effect, particularly when one is talking about the ever changing world of international relations.
‘The information contained within the undisclosed documents must relate to events or actions that occurred prior to the 21st December 1988, that is the documents must relate to events or actions that occurred at least 32 years ago and it is respectfully submitted that given such a lapse it is also in the interest of justice that disclosure is made in respect of these matters.’
In its decision published in March, the SCCRC ruled a miscarriage of justice may have occurred in his case on two of the six grounds it considered in the review – unreasonable verdict and non-disclosure, saying the Crown ought to have disclosed certain information to the defence.
Ms Mitchell also said there had been a ‘systemic failure of disclosure’ over a range of other documents.
She told the court: ‘Looked at in the round, the question is whether or not there was a miscarriage of justice because that trial wasn’t fair because the failure to disclose was just systemic.’
Advocate Depute Ronald Clancy QC said the Crown had gone out of its way to be ‘transparent’ and provide material, and that part of the problem with the systemic failure argument is 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 continues to assert public interest immunity over the two protected documents.
He said the Secretary of State has given consideration to the argument over the passage of time and has lodged an updated public interest immunity certificate with the clerk of court, dated August 2020.
Mr Duguid said the validity of the certificate would need to be considered at a court hearing.
Lord Carloway said the judges would issue a written decision on Friday’s proceedings in due course, while the full appeal court hearing is provisionally scheduled to start on November 23 before five judges.
Megrahi’s first appeal against his conviction was refused by the High Court in 2002 and referred back five years later following an SCCRC review.
He abandoned this appeal in 2009, shortly before his release from prison on compassionate grounds. He died in 2012.
December 1988: Some of the wreckage of Pan Am Flight 103 after it crashed onto the town of Lockerbie in Scotland