The UN observer to the Lockerbie proceedings has written today to Justice Minister Kenny MacAskill to reiterate that the imminent compassionate release of Megrahi must not be conditional upon Megrahi dropping his ongoing appeal.

The warning follows reports that Megrahi will be returned to Libya in the coming days, in an announcement which came at the end of a day during which The Firm suspended normal operations to ensure that this question was satisfactorily addressed.  

"As regards Mr. al Megrahi's request for compassionate release, I would like to reiterate the view I have expressed earlier that meeting his request must not in any way be conditioned on Mr. Megrahi's withdrawing his appeal," Kochler says.

"The appeal proceedings must continue -- first and foremost in the interest of justice and, secondly, for the sake of Scotland's international reputation."

"My position is explained in more detail in my statement of 9 August 2009" (accesible here) 

Professor Robert Black described a comment in the Herald newspaper which intimated that Megrahi was nevertheless expected to drop his appeal was "extremely worrying."

"What is the source of this expectation? The Scottish Government Justice Department has stated unequivocally, in correspondence with me, that it has never been suggested to Mr Megrahi or to his government that compassionate release was dependent upon, or could be influenced by, his agreeing to abandon his appeal," he said.

"Mr Megrahi's stated position has always been that he wishes the appeal to proceed in order to clear his name, though if it came to a bald choice between clearing his name and being allowed to return to his homeland to die surrounded by his family, he would reluctantly choose the latter. That was the dilemma that faced him when prisoner transfer was the only option on the table. But compassionate release is not contingent upon abandonment of the ongoing appeal: that is precisely its advantage over prisoner transfer from the standpoint of both Mr Megrahi and the Scottish public interest. Why therefore are there still rumblings about the appeal being abandoned if compassionate release is granted?"