Megrahi transfer row puts Salmond under pressure

The First Minister said the request to allow terminally ill Abdelbaset Ali Mohmed Al Megrahi to serve the remainder of his sentence in Libya would be considered on “judicial grounds alone”.

His comments came as American relatives of those who died in the 1988 atrocity revealed they had made a direct plea to Scottish ministers, who have the final say on whether the deal is done, to block Tripoli’s request.

It is also thought the United States government, which has long maintained Megrahi should complete his sentence in Scotland, is preparing to make diplomatic representations about the case.

The 57-year-old – who has prostate cancer – is currently serving life for the Pan Am flight 103 bombing in which 270 people died.

His second appeal against the 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.

Mr Salmond said it would have been “greatly to be preferred if the judicial processes of Scotland” were allowed to take their course.

But he insisted that the decision on the prisoner transfer – which will be considered by Justice Secretary Kenny MacAskill – would be based solely on judicial grounds.

Mr Salmond, who was speaking at First Minister’s Questions in Holyrood, stressed: “What I have said throughout this process is that everything we do as a Government will uphold the integrity of the Scottish judicial system. Let me repeat that today and also say the decision made by the Justice Secretary will not be made on economic grounds or on political grounds, it will be made on judicial grounds alone.”

The issue was raised by Liberal Democrat leader Tavish Scott, who said he believed that “Megrahi should serve his sentence in Scotland”. And the Lib Dem recalled a statement Mr Salmond had made to Holyrood in June 2007, when he said that Scottish law officers and others, including the Secretary General of the UN, had given assurances that any sentence that was imposed would be served in Scotland.

Ministers have up to 90 days to reach a decision on the case under the terms of a controversial prisoner transfer agreement struck between then Prime Minister Tony Blair and Libyan leader Colonel Gaddafi two years ago. American Susan Cohen, whose 20-year-old daughter Theodora was among those killed, last night said she had already e-mailed the Nationalist administration pleading for the request to be refused.

Ms Cohen said: “It would be a horrible slap in the face to the Scottish justice system if this man, who is a convicted mass murderer lest we forget, is allowed home. There are many conspiracy theories but not a single shred of evidence has come out saying anything other than the truth of Libyan involvement. He would be feted as a hero back in Libya.”

A spokesman for the US Embassy said his government’s long-held position was that “Megrahi should serve his sentence in a Scottish prison”. Asked if the US State Department would be making any representation he said: “We can’t discuss diplomatic exchanges.”

Until now, Megrahi, who is serving a minimum of 27 years in HMP Gateside, Greenock, has insisted he wants to clear his name.

His appeal continued yesterday. Five judges in Edinburgh have spent eight days listening to criticisms of the Camp Zeist trial in the Netherlands which found him guilty.

His QC, Maggie Scott, yesterday made no mention of the transfer request. But she told the court Megrahi had given up watching proceedings over a live CCTV link with his prison cell.

She said: “He is in considerable discomfort. He does, however, want matters to proceed.

“It is appropriate I point that out to the court.”