Merged Lockerbie bomber alive after 9 months

[Buncrana]

Oh my goodness!

I was just heading home in the car and as usual tuned in to Any Questions on BBC Radio 4, which was coming from Lochinver this week, and as luck would have it, the first point made on the programme was on the matter of Megrahi.

The panel included Magnus Linklater who was the editor of The Scotsman covering the period of the Lockerbie disaster and during the formative years of the investigation. On the question of MacAskill's refusal to kowtow to the US senators demands, and on the subject of Compassionate release, the discussion turned to MacAskill's visit to Greenock to see Megrahi just before he dropped his appeal.

Linklater then went on to make a very serious allegation, although one which many had suspected, about the exact purpose of the visit by MacAskill and, most astonishingly, claimed he had read a transcript of the meeting. I'm paraphrasing from memory, and the show is not yet available on the BBC iPlayer, but he categorically stated that MacAskill made it known to Megrahi in no uncertain terms during the meeting that his 'release' would not be considered whatsoever unless Megrahi drop his appeal.

Now, there was hardly uproar in the studio, but Linklater was quite obviously incensed, not just at the somewhat improper nature of the visit, the gist of the demand and ultimatum placed before Megrahi, but also the release itself. There was a subdued reaction from the other panel members (I'm not actually sure if the significance of Linklater's claim was fully appreciated) as Dimbleby suggested they move on to the next question.

The programme is repeated on Radio 4 tomorrow at 13.10, at which point on it's conclusion will then become available on the iPlayer. So, listen out folks.

ETA: Sorry, it is available now, here it is - http://www.bbc.co.uk/programmes/b00t2y8r

 

[Rolfe]

You're joking! I thought that was the reason MacAskill went to Greenock right from the start of course, but I'm still shocked. Maybe just shocked that someone was keeping minutes, because I thought he went in person so that there would be no record.

I do hope this gets out, and gets out proper. So many of the UK relatives were pinning their hopes on the appeal. Jim Swire said he would try to continue it after Megrahi died, if possible, and if Megrahi's eldest son didn't want to. I don't care if it bloody embarrasses Kenny, it bloody well should. He should be ashamed of himself. Spawn of Sillars all along, I know that.

And that blue-pencilled bastard has been saying ever since that Megrahi withdrew the appeal of his own free will, nothing to do with me mate. And Nicola was saying the same thing. I hope this spoils her bloody honeymoon too.

Now, was this just because a Scots lawyer didn't want to take the justified flak for that farce in Holland, or is he involved in the wider cover-up? Dark alleys and thumbscrews are looking more and more appealling.

Rolfe.

 

[Buncrana]

It's on iPlayer now Rolfe.

I'm certain he made that allegation.

I nearly crashed the car in stunned shock!!

 

[Rolfe]

Any idea of the time stamp?

Rolfe.

 

[Jaggy Bunnet]

I want to believe that the Scotsman has a transcript, but I don't. If they did they would have run it before now. No journalist in the world would throw away an exclusive like that by just dropping it in to conversation.

I suspect he is right and that Megrahi was not getting out unless he dropped the appeal, but I think only two people know for sure.

 

[Delscottio]

Linklater then went on to make a very serious allegation, although one which many had suspected, about the exact purpose of the visit by MacAskill and, most astonishingly, claimed he had read a transcript of the meeting. I'm paraphrasing from memory, and the show is not yet available on the BBC iPlayer, but he categorically stated that MacAskill made it known to Megrahi in no uncertain terms during the meeting that his 'release' would not be considered whatsoever unless Megrahi drop his appeal.

If that conversation took place thats pretty much game set and match that the whole conviction was a farce and unsafe, I've read up on the case through yours, Rolfes and Caustic Logic's posts and the evidence against Megrahi is, well how should I put it, crap - but this takes the biscuit.

Rolfe what is the mood within the SNP over this?

 

[Rolfe]

I want to believe that the Scotsman has a transcript, but I don't. If they did they would have run it before now. No journalist in the world would throw away an exclusive like that by just dropping it in to conversation.

That's a point, I suppose. Unless they were keeping it for the right moment. Linklater is a black-hearted unionist bastard, but he's a reputable journalist.

Rolfe.

ETA: It's the first item.

 

[Buncrana]

The exact quote he attributes to MacAskill is, "There is no question of you being released while there is still an appeal outstanding. The decsion as to whether you pursue that appeal is for you and your legal team".

 

[Rolfe]

The exact quote he attributes to MacAskill is, "There is no question of you being released while there is still an appeal outstanding. The decsion as to whether you pursue that appeal is for you and your legal team".

Could he not have just been talking about the possibility of release under the PTA as regards that? But why even talk about that?

Rolfe.

 

[Buncrana]

I want to believe that the Scotsman has a transcript, but I don't. If they did they would have run it before now. No journalist in the world would throw away an exclusive like that by just dropping it in to conversation.

I suspect he is right and that Megrahi was not getting out unless he dropped the appeal, but I think only two people know for sure.

Linklater says that Megrahi's lawyer was also present throughout the meeting! I'd always thought that this kind of meeting was exclusively between the two men. I suppose an unprecedented visit perhaps also allowed for an unprecedented format of the meeting.

 

[Buncrana]

Could he not have just been talking about the possibility of release under the PTA as regards that? But why even talk about that?

Rolfe.

I had considered that. However, was it not that the appeal must be dropped first, then an application for PTA is made? Hence, Megrahi made his application for both, PTA and Compassionate release, when his QC Maggie Smith applied to the court to end the appeal procedures. I'd always thought the whole PTA was the excuse used to see Megrahi, to seek his 'representation', but surely that could only be sought, once the appeal was dropped and PTA had been applied for? I mean, the PTA had been available for 2 years, but MacAskill chose to take 'representation' now? After he'd received the medical report which suggested a prognosis of 3 months??

 

[Jaggy Bunnet]

Linklater says that Megrahi's lawyer was also present throughout the meeting! I'd always thought that this kind of meeting was exclusively between the two men. I suppose an unprecedented visit perhaps also allowed for an unprecedented format of the meeting.

OK, three people.

So who leaked it? The lawyer in breach of client confidentiality, ending his career?

Megrahi? Makes no sense. If he wanted it in the public domain, why now and why Linklater?

Kenny? Makes even less sense.

If Linklater has a transcript, then let him publish it. Until then, I remain skeptical.

 

[funk de fino]

I'll believe it when he ponies it up. Till then, it's a claim.

 

[Buncrana]

Any idea of the time stamp?

Rolfe.

Sorry Rolfe, cross posting. About 14mins in.

 

[Rolfe]

No, it was Fergus who said the lawyer was present. Scottish accent - Fergus; English accent - Magnus.

Fergus said categorically that the meeting had nothing to do with the compassionate release but was only in connection with the prisoner transfer agreement. That under that agreement prisoners were entitled to make representation to the Justice Minister.

Magnus is clearly incensed for the same reasons we are, even though he thinks Megrahi should have been kept in jail and Kenny should have gone to the USA to be some sort of Aunt Sally target for the senators.

It all depends on the context. It's possible Kenny said something like that purely in the context of the application for PTA release. However, it depends on the wording. You'd have to know Magnus remembered the exact words, and whether or not Kenny was clear that his statement did not apply to compassionate release.

Wait till we see what Robert Black thinks about that. In fact I'll email him right now.

Rolfe.

 

[Jaggy Bunnet]

I had considered that. However, was it not that the appeal must be dropped first, then an application for PTA is made? Hence, Megrahi made his application for both, PTA and Compassionate release, when his QC Maggie Smith applied to the court to end the appeal procedures. I'd always thought the whole PTA was the excuse used to see Megrahi, to seek his 'representation', but surely that could only be sought, once the appeal was dropped and PTA had been applied for? I mean, the PTA had been available for 2 years, but MacAskill chose to take 'representation' now? After he'd received the medical report which suggested a prognosis of 3 months??

http://www.telegraph.co.uk/news/new...ombing-Megrahi-to-drop-conviction-appeal.html

"The Libyan government applied in May for him to be transferred to Libya to serve the rest of his sentence.

Britain has a prisoner transfer treaty with that country but no transfer can be made if there are outstanding legal proceedings.

Dropping the appeal would remove this potential block.

Last month Megrahi put in a separate request to the Scottish Government to be released on compassionate grounds.

This can be granted even if an appeal is still under way."

So it appears an application can be made while the appeal remains, but no transfer can take place.

Whereas there was no need to drop the appeal to secure release on compassionate grounds.

 

[Buncrana]

OK, three people.

So who leaked it? The lawyer in breach of client confidentiality, ending his career?

Megrahi? Makes no sense. If he wanted it in the public domain, why now and why Linklater?

Kenny? Makes even less sense.

If Linklater has a transcript, then let him publish it. Until then, I remain skeptical.

I agree. However, it seems that it wasn't just the two men as we all presumed. Three at least, perhaps more? I really don't know, and yes it does seem odd that Linklater wouldn't publish something of that importance.

 

[Buncrana]

http://www.telegraph.co.uk/news/new...ombing-Megrahi-to-drop-conviction-appeal.html

"The Libyan government applied in May for him to be transferred to Libya to serve the rest of his sentence.

Britain has a prisoner transfer treaty with that country but no transfer can be made if there are outstanding legal proceedings.

Dropping the appeal would remove this potential block.

Last month Megrahi put in a separate request to the Scottish Government to be released on compassionate grounds.

This can be granted even if an appeal is still under way."

So, the PTA couldn't be considered while there are outstanding legal procedures.

Well, I suppose the question still stands. Why did Kenny go to seek Megrahi's representations when his legal proceedings were still ongoing?

Megrahi must drop the appeal, while simultaneously makes an application on the PTA, then representations are taken from him, no?

I suppose it is somewhat ambiguous.

 

[Jaggy Bunnet]

So, the PTA couldn't be considered while there are outstanding legal procedures.

Well, I suppose the question still stands. Why did Kenny go to seek Megrahi's representations when his legal proceedings were still ongoing?

Megrahi must drop the appeal, he also makes an application on the PTA, then representations are taken from him regarding the PTA, no?

I suppose it is somewhat ambiguous.

No, I think the transfer can't happen while proceedings are ongoing, but the application can be considered.

 

[Rolfe]

I wonder if it's possible to find out more. It would be correct to say that Megrahi was going nowhere under the PTA unless the appeal was withdrawn, and Kenny would be correct to say that. However if he said or implied that this was the whole story, or that compassionate release would not be considered unless the appeal was withdrawn, that's a different matter. I suspect he may have managed to put that message across.

Why do it this way anyway? Why keep the man hanging on like that? Why not give a decision on the compassionate release, and THEN leave it up to Megrahi to decide if he wants to drop the appeal to go the PTA route? Having them both dangling at once seems unnecessarily ambiguous, not to mention a bit cruel.

And the other oddity is that Megrahi had access to the BBC and the Herald as far as I know. Surely he knew the Scottish government would rather pull its own toenails out one at a time than grant that prisoner transfer? Surely Mr. Kelly knew? The obvious advice would have been to hold tight and wait for the decision on compassionate release, before doing anything irrevocable.

And it was Mr. Kelly who first said, in a statement to the BBC, that Megrahi had been pressurised to drop the appeal. He said that about the time the LAA plane was on the way. So we know he was actually at the meeting too.

Rolfe.