Proceedings for the second appeal for Abd al Baset Ali al Megrahi opened in October 2007, and
preliminary hearings were held in an effort to determine the scope of his appeal. Defense
attorneys sought access to classified information regarding key pieces of evidence, reportedly
including classified intelligence documents related to the supply of timers by a Swiss company to
the Libyan intelligence service. The documents reportedly originated with a third country’s
government, and that government refused to grant permission for the documents to be made
available to the court by British authorities.32
In May 2008, the British government filed a Public Interest Immunity (PII) order with the
Scottish court seeking to keep the documents secret, but the court ruled that the government was
required to “produce for the court the documents in question ... subject to appropriate security
measures.â€33 In June 2008, the prosecution reportedly argued to restrict the appeal to the original
terms under which the appeal was granted, while the defense reportedly argued that new evidence.
should be considered. Al Megrahi’s appeal for release on bail on the basis of his diagnosis with
terminal prostate cancer was denied.
In July 2009, the Libyan government submitted an “application for compassionate release†to
Scottish authorities requesting that he be allowed to return to Libya. Under the terms of a prisoner
transfer agreement signed between the United Kingdom and Libya, Megrahi could have been
eligible to serve the remainder of his prison term in Libya if he agreed to drop his pending appeal
in the Scottish court system.
BP plc and UK-Libya Prisoner Transfer Agreement
In May 2007, then-UK Prime Minister Tony Blair visited Libya and met with Muammar al
Qadhafi. During the visit, BP plc and the Libyan National Oil Company (LNOC) announced a
planned $900 million energy exploration agreement, and Libyan and UK officials signed a
memorandum of understanding calling for the conclusion within 12 months of an agreement on
the bilateral transfer of prisoners. Some Scottish authorities protested that such an agreement
could be viewed as applicable to Megrahi and criticized the London government for failing to
consult with them prior to concluding the memorandum of understanding. UK officials denied the
pending transfer agreement would apply to Megrahi and stressed Scottish authority to deal with
all matters regarding Megrahi under the UK devolution of justice powers to Scotland.
http://fpc.state.gov/documents/organization/157348.pdf