THE Scottish Criminal Cases Review Commission (SCCRC) has ruled the conviction of Abdelbaset al-Megrahi can be taken to a fresh appeal, and has referred the case to the High Court of Justiciary.
Megrahi’s family, who have been waiting almost three years, can now move forward with a fresh appeal against his conviction over the Lockerbie bombing.
Former Libyan intelligence officer Megrahi was the only person ever convicted for the terror attack having been found guilty in 2001 of mass murder and jailed for life with a minimum term of 27 years.
The bombing on Pan Am flight 103, travelling from London to New York four days before Christmas, killed 259 people on board.
Eleven residents of the Dumfries and Galloway town also died after the plane crashed into their homes in Britain's biggest terrorist atrocity.
He died in 2012 after being released from prison early on compassionate grounds.
Announcing the decision today, the Chairman of the Commission, Bill Matthews, said: “We recognise that the Commission plays an important role in the Scottish criminal justice system and has extensive statutory powers to enable it to carry out its duties. This is the second time that the Commission has carried out what I believe has been a rigorous and independent review of this particular conviction, and we note that since our last review further information has become available, including within the public domain, which the Commission has now been able to consider and assess.
“As the Chair of the SCCRC in 2007 said when the case was originally referred, our function is not to decide upon the guilt or innocence of an applicant. Our function is to examine the grounds of review identified and to decide whether any of the grounds meet the statutory test for a potential miscarriage.
“I am pleased therefore that we are now able to issue a detailed statement of reasons which addresses all of the issues raised. I am satisfied that the matter is now returning to the appropriate forum – the appeal court – to consider fully all of the issues raised in our statement of reasons.”
Gerard Sinclair, the Chief Executive of the Commission, said: “When we referred this case in 2007 I never expected that, over 10 years later, we would be asked not only to revisit our original decision, applying the law as currently stated, but also consider a whole new set of materials which had become available in the intervening years. I’m pleased to report that, after another lengthy investigation and review, we are now in a position to issue our decision in this unique case.
“It seems important to note that, this month, an entirely new Board of the Commission from that which considered the matter in 2007 has again decided to refer this case. The 419-page decision issued today, with voluminous appendices, is a testament to the hard work and diligence of our investigating team over the last 3 years, involving us in novel and challenging court procedures along the way, and I pay tribute to them.
“The Commission’s involvement in the case is, once again, at an end. It is now a matter for those representing the Crown and the defence to decide how to proceed at any future appeal. Thereafter, it will be for the appeal court to decide whether there has been a miscarriage of justice in this case.”
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