Crown "wants vetted solicitors" for Megrahi

Denial that next week's hearing relating to Lockerbie bomber to be private

News, 22 May 2008

The Crown Office wants specially vetted defence agents appointed for the Lockerbie bomber's appeal next week, according to an article in today's Herald.

It is thought that the unusual request relates to the Crown's efforts to preserve the UK's diplomatic relations with foreign countries. Abdelbaset Ali Mohmed al Megrahi's hearing next week will decide whether or not a confidential document should be made public. The document is thought to contain vital information about the electronic timer used on the bomb which blew up Pan Am 103 over Lockerbie in 1988.

The UK Foreign Secretary David Miliband has already said the document should remain confidential. It came to light during the three-year investigation by the Scottish Criminal Cases Review Commission, which resulted in the Lockerbie bomber's case being referred back to the courts for a new appeal last summer.

The report has not been shown to Megrahi's defence team, who have made it clear that they would need to see it to proceed with the appeal.

The appeal court hearing will begin on Tuesday next week and is set down for three days. The newspaper also reported that the Crown was expected to ask for the hearing to take place behind closed doors, and for the use of specially-vetted advocates - similar to public interest immunity hearings in England and Wales. However a statement from the Crown Ofice said the hearing would be public.

It added that it would be entirely a matter for the court whether any future hearings in private were required.

Pointing out that the claim of public interest immunity (PII) in the Lockerbie appeal had been taken by the UK Government, not by the Lord Advocate, the statement continued:

"All parties involved have a mutual interest in ensuring that this appeal is fair and Abdelbaset Ali Mohmed Al Megrahi's lawyers will be fully involved in next week's hearing...

"It would be inappropriate to provide further comment or speculate on legal issues which are before the court in a live appeal."