Lockerbie bomber Abdelbaset Al-Megrahi

Lockerbie files: London ‘facilitated’ Megrahi release

Lockerbie files: London ‘facilitated’ Megrahi release

By Alex Stevenson

The Labour government did “all it could” to secure Lockerbie bomber Abdelbaset al-Megrahi’s release, documents released today have revealed.

A report by Cabinet secretary Sir Gus O’Donnell this lunchtime accompanying the publication of previously unseen papers said London did not lobby Edinburgh because it thought doing so would be “counterproductive”.

Gordon Brown’s administration wanted Megrahi’s release because leaving him in jail would hit commercial interests, the documents showed.

“Policy was… progressively developed that Her Majesty’s government should do all it could, while respecting devolved competencies, to facilitate an appeal by the Libyans to the Scottish government for Abdelbaset Ali Mohmed al-Megrahi’s release under the Prisoner Transfer Agreement (PTA) or for release on compassionate grounds,” Sir Gus wrote.

Ratification of the PTA, explaining the process to Libya “in factual terms” and informing Edinburgh there was no legal barrier to transfer under the PTA were the only steps taken.

Scottish justice secretary Kenny Macaskill freed Megrahi on compassionate grounds in August 2009, after doctors told him Megrahi had just three months to live. Prostate cancer has not yet proved fatal.

The decision followed the 2007 ‘deal in the desert’ secured by former prime minister Tony Blair, who negotiated a prisoner transfer agreement. An oil deal worth £500 million was signed by energy firm BP soon afterwards.

The papers released today showed BP officials and Libya had made clear the link between commercial interests and Megrahi’s fate.

“Once Mr Megrahi had been diagnosed with terminal cancer in September 2008, Her Majesty’s government’s policy was based upon an assessment that UK interests would be damaged if Mr Megrahi were to die in a UK jail,” Sir Gus wrote.

The Libyans had made “actual and implicit threats” about the “severe ramifications for UK interests” if Megrahi were to die in Scotland, the Cabinet secretary’s report confirmed.

“The [UK government’s] policy was primarily motivated by a desire to build on previous success in normalising relations with Libya and to safeguard the substantial gains made in recent years, and specifically to avoid harm to UK nationals, to British commercial interests and to cooperation on security issues,” Sir Gus added.

“The desire to see such a result developed and intensified over time as Mr Megrahi’s health declined and the imminence of his death appeared greater.”

Mr Brown did not seek to influence Scottish first minister Alex Salmond when the matter came before his attention, however. The report did not reveal the evidence of active intervention many had suspected.

Instead Sir Gus wrote: “Mr Megrahi’s release on compassionate grounds was a decision that Scottish ministers alone could – and did – make.”

But prime minister David Cameron used the publication to attack Labour’s record on the issue nonetheless, having defended his decision to call for the documents’ publication “in view of the continuing speculation”.

He told MPs that Megrahi “was convicted of the biggest mass murder in British history, and in my view he should have died in jail”.

Mr Cameron added: “It was a bad decision, and the last government should have condemned it rather than going along with it.”

Sir Gus’ approval of the published documents followed a pledge by Mr Cameron to US president Barack Obama that a review would take place. US anger at the release came as many of the victims of Pan Am flight 103 were American.

The flight exploded over Lockerbie in December 1988, leaving 270 people dead.