Ghoulish commentators in the UK and US have been on death watch for Abdelbaset Ali Mohmed Al Megrahi. As the reputation of Scottish justice continues to plummet, Robert Black QC argues that it is time for Alex Salmond to grasp the nettle and convene the inquiry the debacle and its aftermath sorely need.

As I write this column, the first anniversary of Abdelbaset al-Megrahi’s repatriation has just passed. The print and broadcast media are full of stories about the process that led to his compassionate release and the medical evidence that informed Kenny MacAskill’s decision. But of infinitely greater importance than the circumstances of Megrahi’s release are the circumstances of his conviction. Until such time as, at the very least, the six grounds on which the SCCRC concluded that he might have been the victim of a miscarriage of justice are addressed, the Scottish criminal justice system will languish at home and abroad under a cloud of suspicion - and rightly so.

The Lockerbie case is not going to go away. It is entirely possible that, after Megrahi’s death, a further application to the SCCRC will be made. There is no bar on more than one application being made in respect of the same conviction. As is stated on the Commission’s website:

“If the appeal which followed a reference by the Commission was abandoned, the Commission would normally consider the reasons for abandonment of the appeal before it would accept the case for a further review. Upon receipt of any such application the Commission would only accept the case for review if it considered it to be in the interests of justice to do so, applying its statutory test.”

Where the convicted person is dead, the SCCRC website states:

“ ... where the person who applies to the Commission on behalf of a deceased person is not the deceased’s executor or an immediate family member, before accepting the case for review the Commission would normally seek the views of the deceased’s family and executor, if possible. The Commission would also consider whether the person applying on the deceased’s behalf has a legitimate interest in the case. Thereafter, the Commission would accept the case for review only if it considered it to be in the interests of justice to do so.”

It is clearly possible for members of Megrahi’s family to apply after his death. But even if they were unwilling to do so themselves (and who could blame them after the experience of Abdelbaset Megrahi at the hands of Scottish criminal justice?) they might well be prepared not to oppose an application by UK relatives of persons who died in the Lockerbie disaster. Would it then be seen by the SCCRC to be in the interests of justice to refer the case back to the Criminal Appeal Court on the application of such persons? (The Commission has already decided that there may have been a miscarriage of justice, so that is not a significant hurdle.)
A vitally important factor in the “interests of justice” equation, I submit, is the reputation of the Scottish criminal justice system. This has suffered badly, domestically and internationally, because of widespread doubts about the justifiability of the conviction of Megrahi. It is in the interests of justice and of restoring confidence in our criminal justice system and its administration that these doubts be confronted. One way of doing this is, of course, to have the Criminal Appeal Court consider the SCCRC’s six reasons for believing that there may have been a miscarriage of justice in a fresh appeal challenging the original verdict.

But why let the matter drag on? The Scottish Government should immediately set up an independent inquiry into the full circumstances of the Lockerbie case. The excuse that under the devolution settlement Scotland does not have the necessary powers will no longer wash. The Scottish Government should not be allowed to expect other authorities to pick up the gauntlet.

• The case was investigated by a Scottish police force.
• The prosecution was in the hands of the Scottish Crown Office.
• The trial was conducted under Scots Law.
• Megrahi was convicted under Scots Law.
• Megrahi was imprisoned in a Scottish gaol.
• The SCCRC referred the second appeal to the Scottish Criminal Appeal Court.
• Megrahi was given compassionate release by the Scottish Cabinet Secretary for Justice.

This is undeniably a Scottish issue and the Scottish Government must not be allowed to duck it. Over to you, Alex. You know it’s the right thing to do.