Excerpt from Letters to The Daily Telrgraph:
SIR – It is unprecedented for Robert Mueller, the head of the FBI, to attack Scottish ministers over the release of the Lockerbie bomber, and to claim that their action "make a mockery of the rule of law". Mr Mueller writes: "Where, I ask, is the justice?"
It is a good question. For all the anguish and criticism, the simple fact seems to have been ignored – this was a quasi-judicial decision.
Kenny MacAskill, the Scottish justice minister, acted under powers conferred on him by statute where, on application by a prisoner, he may authorise a release if he is satisfied that there are compassionate grounds.
Megrahi made such an application and was entitled under the law to have it considered. There are two elements to such a decision. First, do compassionate grounds exist? If they do, then should the prisoner be released?
On the first point, Mr MacAskill took advice from the prison governor, from social work officials at the prison, from medical professionals and from the Parole Board. All stated that Megrahi qualified for compassionate release.
Mr MacAskill has discretion in the matter, but has to apply his powers equitably, fairly and consistently. Any prisoner submitting such a request has the right to be treated equally under the law.
Since 2000, in Scotland, there have been 31 applications for compassionate release and of those, all but seven have been granted. Those seven were refused because they did not fulfil the criteria as judged by the relevant professionals. Megrahi's application was the sixth to come before Mr MacAskill and, like the other five, it was granted.
There would have been more to worry about had Megrahi been refused. Political interference in the judicial system is the mark of dictators such as Colonel Gaddafi. We don't want it in Scotland.
The decision does not make a mockery of the rule of law. It upholds the rule of law in the face of political pressure.
