What happens next?
On Thursday, the SCCRC will decide whether to “refer” Megrahi’s case back to the Court of Appeal. The Libyan’s first appeal, in 2002, was turned down, but he is hoping to get a second chance.
The independent body is made up of senior police officers and lawyers and has the job of re-examining cases where a miscarriage of justice may have occurred. If it accepts a case, and finds there are elements which may have contributed to a possible miscarriage of justice, then it refers it to the High Court to be heard again.
The appeal could have one of three outcomes: a quashing of the verdict, a retrial, or confirmation of the conviction. If Megrahi wins a retrial it will almost certainly not happen at Camp Zeist, the scene of the original trial and appeal.
Instead, any retrial would be held in Scotland, but with a panel of judges and not in front of a jury.
Logistically, this would pose a major security headache for the authorities, especially as one of the prosecution’s main witnesses, alleged Libyan double agent, Abdul Majid Giaka, is currently living under an assumed name in the America and when he gave evidence the last time was escorted by 30 US Marshals.
If Megrahi’s defence team had their way - and if the SCCRC sends the case back to the Appeal Court - then they would be keen to fight their case immediately, but it is almost certain that the prosecution would do all in its power to delay proceedings.
Some even think if the case is referred back that the authorities on both sides of the Atlantic may decide enough embarrassment has been caused already and would not offer any evidence at a retrial.
Related topic
- http://news.scotsman.com/topics.cfm?tid=184
http://news.scotsman.com/topics.cfm?tid=184
