The circuitous legal proceedings in connection with the Lockerbie airliner incident have taken an unexpected turn after reports in today's (Thursday) press - which  suggested the Crown will "throw an unprecedented veil of secrecy over the appeal of the Lockerbie bomber" during next week's appeal hearing-  prompted the Crown Office to issue a clarifying statement defending their handling of public interest immunity in the case.

The entire 20 year process has become focused on just a handful of grounds identified by the Scottish Criminal Cases Review Commission after a three year review, which referred the case back to the High Court on those grounds only, on the basis that a miscarriage of justice may have occurred. One of these related to a document withheld from the defence team which is understood to have originated from a foreign Government, and it is this that the hearing will address on Tuesday 27th May.

"The Criminal Appeal Court has set three days aside next week to hear proposals from the Advocate General, representing the United Kingdom Government, the Crown and the representatives of Abdelbaset Ali Mohmed Al Megrahi, on the procedure the Court should follow when hearing arguments on the issue of Public Interest Immunity," the statement said.

"The claim of Public Interest Immunity (PII) in the Lockerbie appeal has been taken by the UK Government, not by the Lord Advocate. The UK Government is represented by the Advocate General. The court hearings next week will take place in public and it will be entirely a matter for the Court whether any future hearings in private are required."

"All parties involved have a mutual interest in ensuring that this appeal is fair and Abdelbaset Ali Mohmed Al Megrahi's lawyers will be fully involved in next week's hearing."

"The Lord Advocate, as public prosecutor, has a responsibility to ensure that all criminal proceedings in Scotland, including appeals, are conducted fairly and will be represented at the PII hearing in respect of the prosecution interest in the appeal.

"It would be inappropriate to provide further comment or speculate on legal issues which are before the court in a live appeal."

The entire criminal process has been subject to criticism by the UN special observer to the trial of the two Libyans accused, Hans Kochler, who concluded in 2005 that the proceedings amounted to "criminal offences in any country, and the possible criminal responsibility of people involved in the Lockerbie trial should be carefully studied by prosecution authorities."

In August 2007 the Firm published the results of a three year investigation which concluded that there is sufficient material evidence and testimony to indicate that the Boeing 747 which crashed on Lockerbie may have been the victim of a mid-air accident, caused by the unintended detonation of munitions components illegally carried on the plane.  

No public inquiry into the event has been convened, and no new criminal investigation has been initiated.