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MacAskill: Releasing Megrahi 'hardest decision I've ever had to make'

Justice secretary tells STV News he believes it was the right decision a year after release.

By David Bennett

20 August 2010 06:00 GMT

192810
Video will appear here shortly.

Scotland's justice secretary has defended his decision to release the man convicted of the Lockerbie bombing - describing it as "probably the hardest decision that I've ever had to make".

It is a year to the day since Abdelbaset al Megrahi was released from Greenock Prison. He is terminally ill with prostate cancer and, at the time, was given just three months to live.

In an interview with STV News, Kenny MacAskill said the decision was one he had to take based on the information he was given.

MacAskill: Releasing Megrahi 'hardest decision I've ever had to make'

He said: It's probably the hardest decision that I've ever had to make. But it was my responsibility. I'm privileged to hold this post, I'm proud to be the justice secretary for Scotland, I didn't seek to shirk my responsibility.

"I knew it was a decision that wouldn't please everybody. There's no way that I could square the circle. But a decision had to be made and it had to be made by me. I believe it was the right decision, for the right reasons. That's supported by the people of Scotland, who do believe that the decision should be made by Scotland, by their justice secretary, and on our grounds.

"It was a decision I took without consideration of political, economic or diplomatic matters."

Megrahi was jailed after being convicted of the 1988 bombing of PanAm flight 103 over Lockerbie, in which 270 people died.

It was thought that Megrahi would live only a matter of months after his release. The release has attracted harsh criticism from the US, where most of the victims were from.

STV will be releasing the results of an exclusive poll into Scots' views on the release on Friday.

On Thursday evening, the UK Government tonight warned Libya not to celebrate the anniversary of Megrahi's release. A Foreign Office spokeswoman said any celebration would be "tasteless, offensive and deeply insensitive".

Inquiry call

US senators have asked Scottish ministers to take part in their own inquiry into claims that the release was linked to lucrative oil contracts.

Earlier this week, a cancer specialist admitted that advances in treatment for prostate cancer meant Megrahi could stay alive for years.

Professor Roger Kirby, a consultant urologist at St George's Hospital in London, said: "We know that patients can survive 18, 24, 36 months longer as a result of these treatments.

"It may be that newer treatments coming in now will extend that life expectancy even longer, so the longer Mr al Megrahi lives, the more embarrassing it is that he has been released from jail."

Mr MacAskill told relatives of the victims of the bombing that Scotland had done everything it could to ensure justice was done.

"The pain and suffering for the relatives of those devastated by the bomb started on December 21, 1988," he said. "Scotland didn't choose for that bomb to explode above our skies. What we have done is make sure that at least one perpetrator has been brought to account.

"And in Scotland we have a system that says those who perpetrate crimes have to be held to account and justice has to be done.

"Equally, it has to be tempered by mercy and compassion. That's the system I represent as the justice secretary for Scotland, and it's a system I'm proud of. I've followed the rules and I did my job."

The justice secretary said he had considered whether Megrahi should be released into palliative care in Scotland - and denied he decided against that route because of the costs involved.

"We don't put a price limit on justice in Scotland," he said. "The advice was not simply that it would have resulted in a significant police presence - which care home would you want me to put him in? Which individuals who are terminally ill with cancer would you like me to remove? Which individuals who went to see their loved ones in their dying days would want to be moved out to be met not simply by armed police officers, but by a media circus?

"I was not prepared to put Mr al Megrahi into a respite home in Scotland that would have resulted in great disturbance for those who work there, for those who go to see their loved ones, and for those who go to die there. Staying in Scotland was not a matter of cost, it was a matter of not being appropriate for us."

Meanwhile, a pressure group demanding an inquiry into Megrahi's conviction said it had secured the support of a number of high-profile figures including Private Eye editor Ian Hislop, journalist John Pilger, Archbishop Desmond Tutu and Professor Noam Chomsky.

Nationalist MSP Christine Grahame and former Labour MP Tam Dalyell had also signed up to the Justice for Megrahi campaign, according to spokesman Robert Forrester.

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  1. Avatar for Scots-Irish American

    1. 20 Aug 2010 08:07Scots-Irish American said

    And History will record that it is one of the worst decisions made by Scotland and MacAskill.

    MacAskill is quick to pat himself on the back as if to say "a job well done" but the end result is the only thing that counts. He is proud to say that it was a decision for Scotland only to make. What about the larger number of Americans (teenagers & children) who were killed by the terrorist pig, Al-Megrahi? Wouldn't it stand true to justice that the USA would also have a say in the punishment for Al-Megrahi... after all he killed more Americans? Isn't the application of the law of "compassionate release" more important and shouldn't there be special guidelines for mass murdering terrorists such as excluding all terrorists from being eligible for compassionate release? The release of Al-Megrahi by Kenny MacAskill has made Scotland look weak and foolish to the rest of the world. The past year has proved this. It is time that Scots demand the resignation of MacAskill and anyone else involved in the support of this release of a mass murdering terrorist! That is the only way that the rest of the world can look back at you and say yes, at least the Scottish people disagree with this release under the compassionate law and demanded that their government leaders take responsibility for their foolish actions by resigning. MacAskill can't keep sugar coating this bad decision. It has left a bad taste in everyone's mouth!!!

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  2. Avatar for Lancre Blue

    2. 20 Aug 2010 10:02Lancre Blue said

    I don't think Scotland looks weak and foolish, Kenny MacAskill doesn't have to answer to America he has to answer to Scots and I'm personally pleased to see a politician- who despite having to repeat himself for what seems like every day- take the time to explain his process and answer questions. He was not foolish, he did not make that decision lightly and I'm sorry but I'm sick of patronising Americans telling us how to run our country. Give me the Scottish Justice system over America's any day. Now there's a system I'd like to see under scrutiny.

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  3. Default avatar

    3. 20 Aug 2010 10:20Jano said

    Al-Megrahi is an innocent man. This has been obvious to me for many years. All this talk of whether or not he should have been released is undignified and detracts from the bigger picture. STV news should be leading the way in questioning his conviction and calling for an inquiry into the whole sorry affair. What ever happened to investigative journalism?

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  4. Avatar for Lancre Blue

    4. 20 Aug 2010 10:38Lancre Blue said

    Fair point, it's just a circus that suits other political parties as it takes the attention off them. Watching that STV documentary was a real eye-opener, but in the news it's played out more like a witch hunt.

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  5. Default avatar

    5. 20 Aug 2010 11:19doods1 said

    McAskill once stated that the decision was made on the values and the views of the Scottish people............ the Scottish people were never asked for their values or views on this matter.

    This was a politicians decision only and not made by the people of Scotland. A high percentage of Scots would have disagreed based on their values and views!

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  6. Default avatar

    6. 20 Aug 2010 14:35Italgirl said

    I wish McAskill would make up his mind. At one point he said it was not his decision to free Megrahi. Now he says it was the hardest decision he ever had to make.

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  7. Avatar for Scots-Irish American

    7. 20 Aug 2010 14:43Scots-Irish American said

    This was an international incident. An international flight. The last time I checked Pan Am at that time was not a Scottish airline either.

    You can't say that the United States doesn't have a say in the matter because we do. We had a larger amount of passengers (our citizens) on that flight. We have an unwritten law. You mess with the United States and/or its citizens...it doesn't matter where you are...we will come for you. You will receive justice! Many of the US Citizens on Pan Am 103 were teenagers and children. There is no doubt that the "compassionate release" law in Scotland is flawed. This Al-Megrahi incident has proved it.

    You don't seem to understand, you never let mass murdering terrorists go on compassionate grounds. The radical Islamic Terrorists see this as a weakness and they will come at you even harder. The only thing they understand is brute force. The American Justice system is one of the best. We don't wimp out with a compassionate release program. The problem with the American Justice System is liberals that have been appointed to the courts and legislated from the judicial bench. In addition, the liberal representatives who have weakened our laws. We Americans do believe in the death penalty! It is a deterent to future serious crimes. Murders and terrorists do not deserve life. They clearly deserve death for their actions. You Scottish system is weak because you do not have a serious deterent to crime. Spanking your criminals on the hand and telling them never to do it again will only lead to more crime. Scotland's mistake is not recognizing that the Pan Am 103 bombing over Lockerbie was an international incident with the majority of lives being lost by innocent US Citizens. The US should have had jurisdiction regarding the American lives lost.

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  8. Avatar for Scots-Irish American

    8. 20 Aug 2010 14:44Scots-Irish American said

    Scotland should have turned Al-Megrahi over to the USA if they didn't have the stomach to do what everyone knows must be done. Put the radical Islamic terrorist pig to death and let other terrorists know that weakness will not be expressed by a compassionate release. MacAskill is foolish and weak, as are some in the Scottish government. They show cowardice by refusing to testify or give an account of this whole compassionate release affair with the terrorist, Al-Megrahi, to the US Senate. Requesting information is not an attempt to rule your country! I am well aware of Scotland's history. William Wallace wouldn't recognize Scotland today because of the cowardice and foolishness of its leaders!!!

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  9. Default avatar

    9. 20 Aug 2010 16:28Torricelli said

    Yes but it was brought down in Scotland's airspace, which places it squarely in Scotland's jurisdiction, The decision was one for the Scottish justice Minister and his alone, and we object to people attempting to interfere in our affairs.

    The Scottish Parliament sits in Edinburgh, and is answerable to the Scottish people, and certainly not to the US Senate, who have had their questions answered on a number of occasions but still fail to understand.

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  10. Avatar for Scots-Irish American

    10. 20 Aug 2010 17:18Scots-Irish American said

    Let us say that an airline called "Highland Airways" a Scottish commercial airliner was flying to the USA with mainly Scottish children and teenagers on a school trip to learn about the Scottish American heritage throughout the USA and the influence of the Scots immigrants on the United States. Let us say that another Al-Megrahi plants a bomb at a Scottish airport on this plane designated to go off after so many miles or at a certain altitude in the USA. The Highland Airways plane is bound for Kansas City Missouri to attend a Highland Games Festival in the Summer. As the plane is flying over Scotland County, Missouri, the bomb explodes and kills all aboard the plane and several on the ground. The FBI, FAA and NTSA respond to secure the scene and gather evidence. Components in the bomb are found that links it to Libya and Al-Megrahi. Megrahi is given a trial in the USA and found guilty of terrorism and mass murder. The jury decides that the death penalty is in order. The Scottish Parliament wants information about the bombing turned over to them. The USA complies without hesitation as we know the loss the Scots suffered in the loss of their innocent citizens. We also have nothing to hide. Compassionate release is not an option because the United States has suffered and dealt with terrorism for decades. We understand that you can't be weak and indecisive when dealing with terrorists. Eventually they must be punished appropriately and in this case with execution. If our Attoney General had let the terrorist go, there would be riots in the streets calling for the resignation of the Attorney General for incompetence and injustice.

    That is how it would be if the shoe was on the other foot.

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  11. Default avatar

    11. 20 Aug 2010 18:2919flossie22 said

    What really worries me is Dr. Andrew Fraser and his medical opinions that he is submitting to our Scottish Parliment will they be foolish enough to take his recommendations on any further cases that are submitted to them. Unfortunately whether Megrahi was guilty or innocent of the crime we will never know but he was the person held responsible and so must take the consequences he should never have been released this was a travesty against the justice system, Macaskill is only a puppet in this fiasco just like a lot of his fellow members. William Tyndall once wrote 'if the body is full of sores then the head must be sick as well' how true these words are in our present day.

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    12. 22 Aug 2010 03:35scottishtilltheend said

    ( Unfortunately whether Megrahi was guilty or not) we just make him pay for it)is that what your saying? Well what if that was your son, who was being framed to keep this stupid, idiotic war going & that's all this is about. Don't fall into their trap. American & English Government's send innocent children into war every day, who's accountable for their deaths. THEIR OUR SON'S.

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  13. Default avatar

    13. 22 Aug 2010 05:46scottishtilltheend said

    as for Mr Doesn't know what he is( Scots-Irish American) just go back to writing your book & remember to include the following. Mr Blair the church do-gooder who changed his religion, ( do you get better peace offerings if you change?) giving all HIS MONEY? he as well as your government have blood on their hands. You talk about "electric chairs" lethal injections" showing your authority by again killing people, what good has it done in America?, their still running riot there. There's more killings in America than the rest of the world put together. Don't kid yourself. You dare to try to put preasure on our government for 1 man who was framed for killing 270? when your GOVERNMENT brought down a SYRIAN air-liner with 290 innocent people on it, & then had the audacity to award the culprits with medals did we hear much from these innocent families? Did the Syrians ask you to execute those you gave medals to?. we would like to hear the enquiries into all The grassy knoll in 1963 do we remember that? where JFK was assassinated,& ROSE killing OSWOLD?, we all know that shot killing JFK as I so clearly remember(my grandmother died that day) never came from Oswold,( everyone being pushed around & being told they never seen anything +, M.MUNRO, M L KING, oh yeah, YOUR AMERICA's all so innocent. Good luck with that. Brain Washed huh? The people who support Kenny here as much as I do, would rather be on our own than be a bunch of Masochists. Your 4 senators are only trying to score points for their coming elections, they don't give a damn about the people. That's where we differ.

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  14. Default avatar

    14. 22 Aug 2010 05:59scottishtilltheend said

    as for Mr Doesn't know what he is( Scots-Irish American) just go back to writing your book & remember to include the following. Mr Blair the church do-gooder who changed his religion, ( do you get better peace offerings if you change?) giving all HIS MONEY? he as well as your government have blood on their hands. You talk about "electric chairs" lethal injections" showing your authority by again killing people, what good has it done in America?, their still running riot there. There's more killings in America than the rest of the world put together. Don't kid yourself. You dare to try to put preasure on our government for 1 man who was framed for killing 270? when your GOVERNMENT brought down a SYRIAN air-liner with 290 innocent people on it, & then had the audacity to award the culprits with medals did we hear much from these innocent families? Did the Syrians ask you to execute those you gave medals to?. we would like to hear the enquiries into all The grassy knoll in 1963 do we remember that? where JFK was assassinated,& ROSE killing OSWOLD?, we all know that shot killing JFK as I so clearly remember(my grandmother died that day) never came from Oswold,( everyone being pushed around & being told they never seen anything +, M.MUNRO, M L KING, oh yeah, YOUR AMERICA's all so innocent. Good luck with that. Brain Washed huh? The people who support Kenny here as much as I do, would rather be on our own than be a bunch of Masochists. Your 4 senators are only trying to score points for their coming elections, they don't give a damn about the people. That's where we differ.

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  15. Avatar for Scots-Irish American

    15. 22 Aug 2010 21:25Scots-Irish American said

    Wow (scottishtillthend). I know exactly who I am.

    Scots blood. American by birth. Oh it is so easy to paint the USA as the bad guy. A big country with over 300 million people and all the ethnic diversity will have more crime. Most of the crime is committed by Blacks and Mexicans and the gangs they are in. Drugs play a heavy role. Hey, allow some of these immigrants into Scotland and find out how quick your crime rates will go up! I believe you watch a few too many movies. Listen a little too much to your liberal european press and believe all the conspiracy theories you hear. Many think JFK was killed by the Communist Cubans and by orders of Fidel Castro. Lee Harvey Oswald had Cuban and Russian connections. While you are on the hate America kick...why don't you get down on your knees and thank God for the Americans saving your butt in too World Wars and the Cold War too. You could easily be speaking German and/or Russian by now. The USA is by no means exempt from making mistakes. But if you add up our successes verses our mistakes, the successes outweigh the mistakes overwhelmingly. I am proud to be a Scots-Irish American (do you really understand what that means?) but I am not proud of what Kenny MacAskill has done or some in the Scottish Parliament. Your compassionate release program was probably well intended but flawed none the less! You don't let mass murdering radical Islamic terrorist pigs free! The flaw in your law has been exposed. Change it!!! And demand MacAskill and his defenders in Parliament to resign! They are idiots and cowards!

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  16. Avatar for Scots-Irish American

    16. 22 Aug 2010 21:48Scots-Irish American said

    And (scottishtilltheend) you may want to lay off a wee little bit of that Scotch and Scottish whiskey. Alchohol kills brain cells and destroys your liver.

    If any of you "do gooders" are upset with the death penalty in the USA then I suggest that you allow these people you want to save into your prisons and your homes. These murders, mass murderers and terrorists deserve death. They only understand how to kill and keep killing. You "do gooders" invite them into your country's prisons and into your neighborhoods.

    Otherwise, "SHUT UP!"

    You don't have a clue how to deal with crime and criminals!!! We cannot keep up with the building of prisons to handle all of the blacks and mexicans (gangs) committing the crimes here. People complain about Gitmo (Guatanoma Bay Cuba) prisons housing radical Islamic Terrorists. Hey, if you don't like it invite them to stay/live in your prisons.

    Boy, it is so easy for others (in other countries) to stand back and do nothing and then complain about someone else trying to do something about crime and evil in the world!!!

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