Newly released documents reveal that the release of Abdelbaset al-Megrahi, the only man convicted in the Lockerbie bombing, was not formally discussed by the Scottish cabinet before the decision was finalised in 2009.
The papers, made public by the National Records of Scotland, shed light on the internal workings of the Scottish government during the period surrounding Megrahi’s controversial release on compassionate grounds.
The lockerbie bombing
Abdelbaset al-Megrahi, a former Libyan intelligence officer, was convicted for his role in the bombing of Pan Am flight 103, which exploded over Dumfries and Galloway on December 21, 1988. The attack claimed 270 lives, including all 259 passengers and crew on board and 11 residents of the town. The bombing remains Britain’s deadliest terrorist attack.
While serving his sentence in Scotland, Megrahi was diagnosed with terminal prostate cancer, leading to his release in August 2009 on compassionate grounds. At the time, medical reports suggested he had only three months to live; however, he survived nearly three more years before succumbing to the illness.
Cabinet minutes
The documents reveal that the decision to release Megrahi was primarily handled by then justice secretary Kenny MacAskill. Although the cabinet included prominent figures such as then first minister Alex Salmond and deputy first minister Nicola Sturgeon, no formal discussion about Megrahi’s release took place among them.
The minutes from a cabinet meeting on June 2009 briefly note that Mr MacAskill acknowledged a formal application from the Libyan government for Megrahi’s transfer under a prisoner transfer agreement with the UK. However, no detailed deliberations were recorded.
Two days before the announcement of Megrahi’s release, Mr MacAskill reportedly informed the cabinet that he would soon make a statement regarding both the prisoner transfer application and the application for compassionate release. The decision to release Megrahi was announced on August 20, 2009, and he was flown back to Tripoli the same day.
Public reaction and controversy
Megrahi’s return to Libya was met with a hero’s welcome, sparking outrage among the families of victims and officials in both the UK and the US. The Scottish Parliament was recalled from its summer recess to address the controversy, with Mr MacAskill defending his decision.
Mr MacAskill recently reiterated his position, explaining to BBC Radio Scotland that the release adhered to Scottish values and laws. “It is dealt with by medical experts, the report came in that he had a prognosis of three months. It was on that basis I released him,” he said.
He added, “He was no threat to Scotland, he was a sick man. He lived considerably longer than the prognosis, but I think there are reasons for that. I followed the values and laws we uphold in Scotland and sent him home to see out the rest of his life.”
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New developments
The release of these cabinet papers comes as Abu Agila Masud, another suspect in the Lockerbie bombing, is set to face trial in the United States. Mr MacAskill has expressed confidence in Masud’s guilt, stating, “I have always believed Masud is the bomber.”
Masud, alleged to have played a key role due to his military expertise, has denied the charges against him. Libya handed him over to US authorities, and he now faces trial on three charges related to the attack.
Mr MacAskill suggested that while Megrahi may not have had the technical skills for the bombing, his involvement in some capacity could not be ruled out.
A divisive legacy
The decision to release Megrahi continues to be a contentious issue, with many questioning the lack of cabinet scrutiny and the medical prognosis that formed the basis for his release. As the trial of Abu Agila Masud unfolds, the Lockerbie bombing remains a stark reminder of the devastating impact of terrorism and the complexities of justice.
The newly unveiled documents offer a glimpse into the opaque decision-making process of 2009, raising further questions about the intersection of politics, law, and morality in addressing such a historic tragedy.
