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Professor Robert Black has criticised Lord Advocate Elish Angiolini for the seemingly disingenuous attitude towards the present state of the Megrahi appeal debacle shown by Crown Counsel, which he said "should concern everyone".
The Lord Justice General also urged Angiolini to provide the court with an update as quickly as possible.
The Crown Office have indicated they have no plans to drop their appeal against Megrahi's sentence, necessary before any prisoner transfer agreement can be considered, despite Megrahi abandoning his appeal against conviction. They also claimed that Angiolini was unaware of any interest from the Scottish Government, and "had not received any information on Megrahi's current medical condition that she would require to take into account," despite such knowledge having reached US Senators John Kerry and Edward Kennedy, US Secretary of State Hillary Clinton, and being widely reported through the majority of UK and global media.
"The Lord Advocate has known since 12 August, when Abdelbaset Megrahi's Minute of Abandonment was lodged in court, that his appeal was to be abandoned," Black said.
"She knew then the question of the Crown's appeal against sentence would become of vital importance (since prisoner transfer cannot be granted if there are ANY live proceedings involving the prisoner). Did the Lord Advocate then ask Mr Megrahi's legal representatives to make available to her any up-to-date medical reports that had been obtained? She did not.
"Her counsel's failure at today's hearing to be in a position to explain the Crown's attitude towards the sentence appeal clearly surprised and concerned the judges. It should concern everyone. But it is sadly typical of the Crown's Fabian tactics throughout the whole course of this sorry affair," Black concluded.
Lord Justice General Lord Hamilton also prompted Angiolini to confirm the position as quickly as possible.
"It appears to the court to be of the utmost importance that an early decision be made by the Lord Advocate as to whether she is to insist or not to insist on that appeal," he said.
"The court urges her to reach a decision on that matter without undue delay."
