THE lawyer who was the architect of the Lockerbie trial believes the overturning of the conviction of Abdelbaset al-Megrahi would renew pressure for a full inquiry into the disaster.
Last week the family of Megrahi, who died in 2012, was granted permission to appeal his conviction. He was the only person found guilty of the downing of Pan Am Flight 103, which killed 270 people when it blew up over Lockerbie in 1988.
Professor Robert Black QC, below, who believes there was a miscarriage of justice, said calls for a full independent inquiry had been blocked until now because of Megrahi’s conviction in 2001.
“The answer has always been we don’t need an independent inquiry, we have had a trial, we have had appeals and we know what happened – one person has been convicted,” he said.
“If that conviction is overturned, then both the UK and the Scottish Government are going to have to come up with a different excuse for not holding a full inquiry into Lockerbie.”
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The Scottish Criminal Cases Review Commission (SCCRC) has referred the case to the High Court, ruling the review of Megrahi’s conviction met two statutory tests for referral – that it may have been a miscarriage of justice and that it is in the interests of justice to refer it back to the court.
The case had been previously referred by the SCCRC to the appeal court back in 2007, but Megrahi abandoned the appeal two years later. A new review of his case was subsequently allowed posthumously after the SCCRC ruled he had dropped the appeal in the belief it would allow him to return to his native Libya, following a diagnosis of terminal cancer.
Megrahi flew home in 2009 after controversially being released from Greenock prison in 2009 on compassionate grounds. He had served eight years of a life sentence.
Black said the appeal ruling by the SCCRC in 2007 had made a “very strong finding” that no “reasonable court” on the evidence led at the trial could have accepted Megrahi was the purchaser of clothes that surrounded the bomb.
He said: “Now the current SCCRC goes even further than that – it now says that the commission believes a miscarriage of justice may have occurred because no reasonable trial court, relying on the evidence led at trial, could have held the case against Mr Megrahi was proved beyond reasonable doubt.
“The composition of the SCCRC has entirely changed between 2007 and 2020, so it is not the same people reaching the same decision again.
READ MORE: Lockerbie case of al-Megrahi goes back to the High Court
“This is two independent expert committees both saying no reasonable trial court could or should have convicted Megrahi.
“You can’t get a much more damning assessment of the trial court’s performance than that.”
Black said it was expected the appeal could proceed quickly and the verdict may even be known this year before the anniversary of the disaster on December 21. He said there was no reason for the Crown to use “delaying tactics” now that Megrahi was dead.
In 2012, it was reported the Crown had been threatened with legal action by the SCCRC over delays in handing over key documents during its investigation – in response it claimed its responses had been noted as “often detailed and helpful”.
Following the announcement of the permission for an appeal on Wednesday, lawyer Aamer Anwar issued a statement from Megrahi’s son Ali which said the family “finally hope our father’s name will be cleared”.
Others who believe Megrahi, right, was innocent have also welcomed the decision, including Dr Jim Swire, the father of 23-year-old Flora Swire, who died in the disaster.
READ MORE: Lockerbie Bombing: Fresh appeal over conviction of Megrahi allowed
He said: “All we have ever wanted is a fair court where the evidence can be assessed.
“If the appeal runs through, there is not a snowball’s chance in hell the conviction will stand.”
The Justice For Megrahi group – of which Black is a member – said it would give some hope that the “stain that has lingered over the Scottish justice system for so many years will finally be obliterated.
However the news of potential fresh appeal has not been universally welcomed, with David Mundell, Tory MP for Dumfriesshire, Clydesdale and Tweeddale, saying many in the Lockerbie community who wished to draw a line under the tragedy were disappointed.
Black, who was one of the architects of the Camp Zeist court in The Hague where Megrahi’s trial tool place, said truth is “more important than feeling of comfort”.
“If closure is based on something completely false, then what is your closure worth?” he said.
“My motivation is my belief the Scottish criminal justice system got Lockerbie disastrously wrong. I am a lawyer, I have practised the law of Scotland, I have taught the law of Scotland. If my legal system, the one I have devoted my life to, has made a disastrous mistake, I want that mistake to be acknowledged and to be rectified.”
He said he did not want to be “overly optimistic” in predicting whether Megrahi’s conviction would be deemed as wrongful if the appeal goes ahead.
He added: “If the verdict is overturned, you have to face it – this is an embarrassment.
“This would be the court in 2020 saying our very distinguished and senior colleagues in 2001 at the trial at Camp Zeist got it wrong.
“That is an uncomfortable thing to say – but I hope their lordships will have the courage to say it.”
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