KEY POINTS:
One of the most historic and emotive cases in British legal history - that regarding the killing of 270 people in the Lockerbie bombing - will reopen following the emergence of crucial new evidence.
Abdelbasset Ali Mohammed Al Megrahi, a Libyan intelligence agent who was convicted over the
bombing under highly controversial circumstances, was yesterday granted the right to a fresh appeal by the Scottish Criminal Cases Review Commission amid growing concern that he may have been the victim of a miscarriage of justice.
The decision, taken after a three-year investigation by the Commission, led to immediate recriminations.
Some families of the victims said they believed that Al Megrahi was probably innocent and demanded an independent investigation into the legal process.
The development was also expected to have wide-reaching international ramifications.
Both British and American officials originally suspected that Iran commissioned the attack on the Pan Am flight using the Palestinian guerrilla group PFLP (GC) in retaliation for the shooting down of an Iranian airliner by the US.
However, accusations were later aimed at Libya and Col Gadaffi's regime has since paid out £1.4 million in compensation to the families of the victims.
The Commission said in its findings that it is "of the view, based upon our lengthy investigations, the new evidence we have found and other evidence which was not before the court, that the applicant may have suffered a miscarriage of justice".
The Commission added that it has identified six grounds where it believed " a miscarriage of justice may have occurred" at the original trial at Camp Zeist, in Holland, six years ago.
Jim Swire, whose daughter Flora was one of those killed, said he had always suspected the verdict was flawed.
"I went into that court thinking I was going to see the trial of those who were responsible for the murder of my daughter. I came out thinking he had been framed. I am very afraid that we saw steps taken to ensure that a politically desired result was obtained.
"Any evidence of perversion of justice should be investigated. Those responsible for any miscarriage of justice should be investigated, and there would have to be a routing and eradication of the underlying ethos that allowed it to happen".
Another member of the families' campaign group, the Rev John Mosey, who lost his daughter Helga, added: "At last an effort is being made to look at the situation and possibly, and I only say possibly, correct things that have gone awry."
Al Megrahi, in a statement issued through his solicitor said: "I reiterate today what I have been saying since I was first indicted in 1991: I was not involved in the Lockerbie bombing in any way whatsoever.
"To the relatives of those many people who died on 21st December 1988 I can say very little that will not sound insensitive. What I would like to reiterate, however, is that their cause is in no way served by the incarceration of an innocent man. Like them, I wish the whole truth about Pan Am 103 to be exposed."
The Commission questioned the evidence of the key prosecution witness, shopkeeper Tony Gauci from Malta, who linked Al Clothing from Mr Gauci's shop, which he claimed to have sold to Al-Megrahi, was found strewn over Dumfriesshire countryside after the explosion.
In its 800-page report the Commission said that evidence not made available to the defence showed that Mr Gauci had been shown a photograph of Al Megrahi in a magazine linking him to the bombing four days before picking out the Libyan in an ID parade.
The report said "In the Commission's view, evidence of Mr Gauci's exposure to the photograph at such close proximity to the parade undermines the reliability of his identification of the applicant at the time and at the trial itself".
The Commission also found that there was no "reasonable basis" for the original court's conclusion that Al Megrahi had bought the clothing at Mr Gauci's shop on 7th December 1988 - a date and place crucial in tying the Libyan to the bombing.
Other evidence, said the report, indicated the items were bought before 6th December - a time when there was no evidence to show that Al Megrahi was in Malta.
However, the Commission said it had "serious misgivings" about the credibility of a former police officer, nicknamed "The Golfer", who had claimed to have sensitive information about the case.
The Commission investigated claims including ones from a former police officer that CIA paraphernalia was found at the crash site, including a suitcase belonging to a "Major Charles McKee" and a CIA badge, but did not find them sustainable.
- INDEPENDENT
