THE Lockerbie bomber's appeal could still go ahead after his death, at the request of the families of the victims.
The Scotsman has learned that British relatives of the 270 victims from the 1988 bombing could be prepared to seek permission to continue the appeal in their name, should Abdelbaset Ali Mohmed al-Megrahi lose his battle against prostate cancer bef
ore the challenge takes place.
The Libyan government or Megrahi's family could also apply to the Scottish courts to allow the appeal to go ahead without the convicted bomber. The appeal is currently expected to be heard late next year.
Professor Robert Black is an Edinburgh law expert who helped devise the unique trial of Megrahi at a specially constructed court at Kamp van Zeist, in the Netherlands.
He said that when a convicted person dies before their appeal is heard, judges can grant permission to anyone "with a legitimate interest" in the case to continue the proceedings.
"It might be a family member or, in this case, even the Lockerbie families who have an interest in whether this man is properly convicted or not."
Such cases are extremely rare. In 2001, a mother won a battle to posthumously clear her son's name of child abuse. Malcolm Cowan, from Lochgelly in Fife, took his own life after being convicted of an indecency offence involving three girls.
Dr Jim Swire, whose daughter Flora died in the bombing, said the possibility of the families of Lockerbie victims continuing with the appeal had yet to be discussed.
But he indicated it was something which many relatives would be keen to press ahead with in the interests of justice – as they face the alternative that the "truth" will simply wither away.
"There are many people who want to see this sorted," said Dr Swire. "The death of the accused, without a further appeal, would not be right and would be bad for the Scottish legal system. I feel confident that members of our group would wish the appeal to continue no matter what."
But Mr Swire also said he wants to see the appeal brought forward, given Megrahi's rapidly declining health. "If his prognosis is bad then I hope that the Scottish authorities would look for a way of speeding up the next appeal without compromising the fairness of it. It would be an act of great humanity."
His views were echoed by former Labour MP Tam Dalyell. "My view is there is a moral obligation to speed up the (appeal] process," he said.
Alex Neil, a Nationalist MSP for Central Scotland, said: "In light of Megrahi's illness, I am calling on the Crown Office to bring forward his appeal and not to cause any further delays. It is in the interests of natural justice that a timeous appeal takes place."
The Scottish Court Service said: "It will be for Mr Megrahi and his solicitors to apply to the court, to be heard on any issue regarding his appeal."
No application has been received by the court service, it is understood.
