Megrahi release not discussed by cabinet ahead of decision, papers show

The release of Abdelbaset al-Megrahi – who was convicted of the Lockerbie bombing – was not discussed by the Scottish cabinet ahead of a final decision being made, newly released papers show.

The National Records of Scotland has released the cabinet documents from 2009, which includes the time when the decision was taken to release Megrahi on compassionate grounds.

The former Libyan intelligence officer was the only man convicted over the atrocity, which killed 270 people when PanAm flight 103 exploded over Dumfries and Galloway on December 21, 1988.

All 259 passengers and crew travelling to the US and 11 people on the ground were killed in what remains Britain’s deadliest terrorist attack.

Megrahi was later diagnosed with prostate cancer while serving his sentence in Scotland.

According to newly released documents, no formal discussion was held among the cabinet, which included then deputy first minister Nicola Sturgeon and then first minister Alex Salmond.

Only sparse mentions of Megrahi are made, according to minutes, including an acknowledgement by then justice secretary Kenny MacAskill of an application received by the Libyan government of Muammar Gaddafi for Megrahi’s release.

“Mr MacAskill said that on behalf of Scottish ministers, he was considering the formal application made by the Libyan government on May 5 2009 for the transfer of Abdelbaset Ali Al-Megrahi under the terms of the prisoner transfer agreement between the UK and Libya,” the papers said in June that year.

In a cabinet meeting on August 18 – two days before the public announcement of the decision release the prisoner – the papers read: “Mr MacAskill said that he is expected to be in a position to make a statement in relation to the prisoner transfer application and the application for compassionate release in the near future.”

Megrahi was released on August 20, hours after the announcement, and flown back to Tripoli, where he received a hero’s welcome which enraged people in the UK and the US.

Holyrood was recalled from its summer recess to discuss the case, with Mr MacAskill defending his decision, despite criticism from the families of victims.

It took three years for Megrahi to die of the cancer which it was claimed in 2009 could kill him within months.

Mr MacAskill, speaking to BBC Radio Scotland on the anniversary of the bombing a few weeks ago, said: “We do have rules for compassionate release which exist in Scotland.

“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 was no threat to Scotland, he was a sick man, he lived considerably longer than the prognosis but I think there is reasons for that.”

He added: “I followed the values and laws we uphold in Scotland and sent him home to see out the rest of his life.”

The new information comes as another man is due to stand trial in the US in relation to the attack.

Abu Agila Masud will face a jury and Mr MacAskill said he believes he too will be found guilty.

“I have always believed (Masud) is the bomber,” he said.

“He was always viewed as the man who was the bomber because of his, what you might call, military skills, so he has been taken by the United States, Libya handed him over.

“He has returned and will face trial in America, I believe he will be convicted, and he is the bomber.”

Megrahi did not have the skills for the bombing, but that does not mean he was not involved in some capacity, Mr MacAskill said.

Masud faces three charges, all of which he denies.