Megrahi release 'mockery of justice'
Updated on 22 August 2009
The head of the FBI condemns the decision to free Lockerbie bomber Abdel Basset al-Megrahi, amid Libyan claims that it was influenced by commercial considerations. John Sparks reports.
American anger with Scotland is growing over Abdel Basset al-Megrahi's release and heroic welcome home.
In a letter to the Scottish Justice Secretary Kenny McCaskill, dated 21 August, Director of the FBI Robert Mueller attacked his decision to free al-Megrahi on compassionate grounds, saying it "made a mockery of justice" and "gave comfort to terrorists around the world".
The Scottish government has defended itself against Mr Mueller's attack. In a statement a spokesman said: "The US authorities indicated that although they were opposed to both prisoner transfer and compassionate release, they made it clear that they regarded compassionate release as far preferable to the transfer agreement, and Mr Mueller should be aware of that."
But the embarrassment is growing for the British government as well. Business Secretary Lord Mandelson firmly denied the Libyan leader's claim that the British government "encouraged" the release in return for lucrative trade deals, saying it was "completely implausible... and actually quite offensive".
The row followed televised pictures of Colonel Gaddafi meeting al-Megrahi despite requests from the British government that the Lockerbie bomber's return to Libya should not be high profile.
During the meeting, Col Gaddafi praised "my friend" Gordon Brown and the British Government for their part in securing al-Megrahi's freedom.
"To my friends in Scotland, the Scottish National Party, and Scottish prime minister, and the foreign secretary, I praise their courage for having proved their independence in decision making despite the unacceptable and unreasonable measures that they faced. Nevertheless they took this courageously right and humanitarian decision," he said.
"And I say to my friend Brown, the Prime Minister of Britain, his Government, the Queen of Britain, Elizabeth, and Prince Andrew, who all contributed to encouraging the Scottish government to take this historic and courageous decision, despite the obstacles."
Downing Street responded by releasing a letter sent from Prime Minister Gordon Brown to Colonel Gaddafi from last Thursday about al-Megrahi's release. In it, Brown wrote: "A high-profile return would cause further unnecessary pain for the families of the Lockerbie victims. It would also undermine Libya's growing international reputation."
The meeting follows claims by Colonel Gaddafi's son, Saif, that the decision to free Megrahi was tied to a lucrative trade agreement.
The speculation about the role played by London has been fuelled by the disclosure that the Business Secretary Lord Mandelson met Saif al-Islam Gaddafi earlier this month while holidaying on the Greek island of Corfu.
The business secretary dismissed suggestions of a deal, insisting the release of the terminally ill al-Megrahi on compassionate grounds was purely a matter for the Scottish government.
As he left St Mary's Hospital in London today after a routine prostate operation, Lord Mandelson said: "It's not only completely wrong to make such a suggestion, it's also quite offensive."
While he acknowledged that Mr Gaddafi had, like other Libyan representatives, raised the issue of Megrahi, he said that he had simply said that it was a matter for the Scottish government.
"They had the same response from me as they would have had from any other member of the Government," he said.
"The issue of the prisoner's release was entirely a matter for the Scottish justice minister. That is how it was left, that is how it was well understood."
In a statement, the Foreign Office said: "There is no deal. All decisions relating to the Megrahi case have been exclusively for Scottish ministers, the Crown Office in Scotland, and the Scottish judicial authorities.
"No deal has been made between the UK Government and Libya in relation to Megrahi and any commercial interests in the country."
Libya has huge oil and gas reserves which have not been fully exploited in the past because of the country's status as a pariah nation due to Col Gaddafi's previous support for terrorism around the world.
Letter from FBI Director Robert Mueller in full
Dear Mr Secretary
Over the years I have been a prosecutor, and recently as the Director of the FBI, I have made it a practice not to comment on the actions of other prosecutors, since only the prosecutor handling the case has all the facts and the law before him in reaching the appropriate decision.
Your decision to release Megrahi causes me to abandon that practice in this case. I do so because I am familiar with the facts, and the law, having been the Assistant Attorney General in charge of the investigation and indictment of Megrahi in 1991. And I do so because I am outraged at your decision, blithely defended on the grounds of "compassion".
Your action in releasing Megrahi is as inexplicable as it is detrimental to the cause of justice. Indeed your action makes a mockery of the rule of law. Your action gives comfort to terrorists around the world who now believe that regardless of the quality of the investigation, the conviction by jury after the defendant is given all due process, and sentence appropriate to the crime, the terrorist will be freed by one man's exercise of "compassion".
Your action rewards a terrorist even though he never admitted to his role in this act of mass murder and even though neither he nor the government of Libya ever disclosed the names and roles of others who were responsible.
Your action makes a mockery of the emotions, passions and pathos of all those affected by the Lockerbie tragedy: the medical personnel who first faced the horror of 270 bodies strewn in the fields around Lockerbie, and in the town of Lockerbie itself; the hundreds of volunteers who walked the fields of Lockerbie to retrieve any piece of debris related to the break-up of the plane; the hundreds of FBI agents and Scottish police who undertook an unprecedented global investigation to identify those responsible; the prosecutors who worked for years - in some cases a full career - to see justice done.
But most importantly, your action makes a mockery of the grief of the families who lost their own on December 21, 1988. You could not have spent much time with the families, certainly not as much time as others involved in the investigation and prosecution. You could not have visited the small wooden warehouse where the personal items of those who perished were gathered for identification - the single sneaker belonging to a teenager; the Syracuse sweatshirt never again to be worn by a college student returning home for the holidays; the toys in a suitcase of a businessman looking forward to spending Christmas with his wife and children.
You apparently made this decision without regard to the views of your partners in the investigation and prosecution of those responsible for the Lockerbie tragedy. Although the FBI and Scottish police, and prosecutors in both countries, worked exceptionally closely to hold those responsible accountable, you never once sought our opinion, preferring to keep your own counsel and hiding behind opaque references to "the need for compassion".
You have given the family members of those who died continued grief and frustration. You have given those who sought to assure that the persons responsible would be held accountable the back of your hand. You have given Megrahi a "jubilant welcome" in Tripoli, according to the reporting. Where, I ask, is the justice?
Sincerely yours,
Robert S. Mueller, III
Director
