The revelation earlier this week that Abdelbaset Ali Mohmed Al Megrahi is receiving medication in Libya that may extend his life expectancy by five years has prompted Professor Robert Black to question the degree of medical care given to him whilst in Scotland.

He asks why such treatment was not available to Megrahi whilst in custody, as was claimed during his abandoned appeal proceedings.

"The real issue is why the treatment that appears now to be successfully prolonging Mr Megrahi's life was not made available to him while he was a guest of Her Majesty in Greenock Prison," Black says.

"One of the principal reasons advanced by the Crown for opposing Megrahi's application for interim liberation (bail) pending his SCCRC mandated appeal was that the very best of cancer treatment was available to him through the Scottish prison medical service. Indeed, it was largely on this basis that the High Court refused bail. Paragraph 15 of the court's reasons for refusal reads:

'While the disease from which the appellant suffers is incurable and may cause his death, he is not at present suffering material pain or disability. The full services of the National Health Service are available to him, notwithstanding he is in custody. There is, it appears, no immediate prospect of serious deterioration in his condition. The prognosis for its development is at present uncertain. If he responds well to the course of palliative treatment which he has now started, his life expectancy may be in years. If he does not respond well, that expectancy may be less good. While recognising that the psychological burden of knowledge of an incurable fatal disease may be easier to bear in a family environment than in custody, the Court, having regard to the grave nature of the conviction and taking into account the fact that a reference has been made and the fact that the appeal process is likely to be protracted, is not persuaded that the stage has been reached when early release is appropriate. If the applicant does not respond well to the treatment he is undertaking and the prognosis becomes both more certain and poorer, a stage may then be reached when a different disposal is appropriate. The Court is prepared to entertain a renewed application in such circumstances. In the present circumstances, however, for the reasons which have been given, the application is in hoc statu refused.'"

Both Professor Black and Dr Jim Swire of UK Families Flight 103, together with the Justice for Megrahi group, had called for Megrahi to be returned to his family where the psychological stresses would be eased. Since his return to Libya Swire has pointed out that the home environment would benefit Megrahi's health, notwithstanding any improved treatment that may be available.