The Scottish Government has given an unambiguous “No” in response to The Firm’s question posed yesterday, asking “Has it ever been intimated to Megrahi or his representatives that he would be more likely to be granted compassionate release if he dropped his appeal?”

Sources within the Scottish Government Justice Department had told the Firm that it had been “strongly intimated” to the Libyan delegation that “if Megrahi is to be granted compassionate release he must first drop his appeal,”

“This was the rammed home to the Libyans at their meeting with the Minister yesterday (Tuesday),” the source said.

However, the Scottish Government have now issued a definitive “No”, in a clear signal to Megrahi that his ongoing appeal need not be dropped for his application for compassionate release to be considered on its merits.

“In answer to the simple question posed by The Firm, the answer is “No,” the Scottish Government said.

The Firm had been advised that Megrahi, through a delegation from Libya, would apply to drop his appeal to secure compassionate release during this week, due to pressure from within the Justice Department.

Any release on compassionate grounds does not require to be conditional upon the cessation of any legal proceedings, unlike the prisoner transfer agreement drawn up with Libya.

The UN observer Dr Hans Kochler had urged Justice Minister Kenny MacAskill to avoid the “emotional blackmail” of the choice evidently outlined to Megrahi.

"His predicament became even more serious when certain quarters confronted him with the alternative of either giving up his appeal in order to be sent back to Libya on the basis of a recently ratified “prisoner exchange agreement” between the UK and Libya – or die in a Scottish jail,” he said this week.

“ Under these circumstances, Scotland’s Cabinet Secretary for Justice (who certainly has seen the latest medical reports) should act without further delay on Mr. al Megrahi’s second request (the first was rejected) for “compassionate release” under the provisions of Scots law. This would allow the appeal to continue and avoid the circumstances of “emotional blackmail” the Lockerbie prisoner faces in regard to the prisoner exchange option."

In an editorial yesterday, The Firm urged MacAskill to reassure the public that preconditions were not being applied to any application for compassionate release.

“Before this decision is made, reassurance must be provided to the Scottish people and the world that Megrahi’s return home is not being made conditional upon his dropping his appeal. Justice must be done, though the heavens may fall. That time, surely, is now.”