Editors Blog
Compassion with dignity
20 Aug 09
Justice Secretary gives good account of himself with Lockerbie decision
So Mr Megrahi is a free man, courtesy of our Justice Secretary, and is now, as Mr MacAskill put it, going "home to die".
Having watched Mr MacAskill's announcement live, I thought he handled himself well. His refusal of the Libyan Government's prisoner transfer application was explicitly on the ground that the American Government and victims' families had been left with the clear understanding by the British Government that no Lockerbie-related transfer would be made, and in the "highly regrettable" absence of a proper explanation from London of what had actually been said, that expectation should be given effect.
On compassionate release, he stood by the humanity of the Scots as a defining characteristic. His statement that the lack of compassion shown by Mr Megrahi to his victims was not in itself a reason to deny it to him and his family will not have persuaded many Americans, and he might have expanded on why the heinous nature of the crime did not outweigh in this case the compassionate considerations, but there is some feeling this side of the Atlantic that the Americans overplayed their hand.
The decision is a brave one, especially in the face of the pressure from the States, and probably right given that the Scottish Prison Service apparently does not have the facilities to treat someone with Mr Megrahi's condition. It is to be hoped that Libya, which has since paid compensation to the victims' families, recognises the continuing sensitivity of the issue and does not overcelebrate his return.
As I wrote last week, I did not envy Mr MacAskill having to make this decision, and there was an unfortunate lack of clarity about when and how the decision would be made that allowed the media to detect signs of weakness, but in the event he carried the occasion, standing firm in his belief in the system that had produced the conviction, and accepting full personal responsibility for the decision.
He also deflected questions about whether there would be a further inquiry: while the Scottish Government would fully co-operate if there was one, it did not have the power or the authority to investigate fully this matter of global significance.
That of course is where significant questions remain, but it will be a surprise to many if either the UK or the US Government feels motivated to allow matters to be reopened. Mr Megrahi may have been allowed home to die, but he will do so without the prospect of any more light being shed on whether he was truly the guilty party.