Lockerbie bomber: Wriggling MacAskill tries to get off the hook

• Justice secretary Kenny MacAskill is facing a growing political storm on both sides of the Atlantic over his decision to release the Lockerbie bomber. Picture: TSPL

As the row over Mr MacAskill's decision to free Abdelbaset Ali Mohmed al-Megrahi continued, the justice secretary yesterday attempted to row back from his position of last year.

He claimed that both good practice and precedent had effectively compelled him to free the bomber and allow him to return to Libya to die.

Last year, Mr MacAskill spoke at length about the application for Megrahi's release on compassionate grounds, insisting "these are my decisions and my decisions alone".

Yet yesterday, in the wake of public condemnation from David Cameron and Barack Obama as the world leaders' met in Washington, the justice secretary denied it was a "judgment call" on his part, saying he was simply "exercising my duty" as the minister in charge in an act that was dictated by "rules and regulations".

Freeing the bomber was, he added, "a decision that I had to take".

His changing position drew further anger from opposition politicians last night.

Scottish Labour's justice spokesman, Richard Baker, said: "This is an incredible admission from the justice minister. He is making things up as he goes along. After giving a statement to the world's media at the time that he had carefully considered the case, he now says this.

"What was a shambles is rapidly turning into a farce. Mr MacAskill needs to issue a full and complete apology for this growing shambles."

Mr MacAskill is now facing calls from relatives of the men and women who died on Pan Am Flight 103 to volunteer to visit the USA in the coming days to explain the growing confusion over the case.

The latest development came as First Minister Alex Salmond wrote to US senators last night, to restate his view that the Scottish Government took the decision to let Megrahi go home purely on compassionate grounds.

US senators plan to hold a hearing next week into allegations of an oil-for-terrorism deal involving BP, the UK Government and Libya.

Conceding that Americans would continue to disagree with the decision, Mr Salmond insisted in the letter than it had been done with "integrity" and due process.

Those senators are expected to reveal within the next few days whether they want Mr Mac- Askill to give evidence and explain his actions.

Megrahi is the only man to have been convicted of the Lockerbie atrocity which killed 270 people in the bombing of Pan Am Flight 103 on 21 December, 1988.

He was released from a Scottish prison last August, having been given three months to live, but is still alive and with his family in the Libyan capital, Tripoli.

Mr MacAskill launched a staunch defence of his own actions yesterday, but only served to place further question marks over his decision-making.

The justice secretary referred to reports he had received from three separate bodies - the Prison Service director of health, the governor of Greenock prison and the parole board - which showed Megrahi met the criteria for release.

With those reports in his hand, Mr MacAskill claimed he had little option to take. "I don't think I had a great deal of discretion at all," he said.

Backing that up, he said, was the fact that no former justice minister had ever gone against such advice. "Every application for compassionate release that has met the criteria has been granted by me and by my predecessors," he said.

"That is the correct position in Scotland. It is not for the justice secretary to look behind the information that comes."

Pressed on whether the eventual decision was still a "judgment call" on his behalf, he replied: "No. It's a matter of me exercising my duty as cabinet secretary for justice. The rules are laid down in statue. They are the rules for all prisoners.

"Every application for compassionate release irrespective of the crime has been granted by every cabinet secretary for justice irrespective of political affiliation."

He went on: "We do require to follow the rules and regulations."

The claim that Mr MacAskill had "little discretion" in the affair was challenged by one of his predecessors last night. Former justice minister in the Labour-Lib Dem executive, Cathy Jamieson, said: "I find it rather an astonishing argument. Every case is reviewed on its merits.

"It would have been open for him to have asked for additional material and it would have been entirely possible for him to have delayed a decision and wait for further reports.

"At the end of the day, the buck stops with him."

Asked whether a minister could flatly reject reports from the groups quoted by Mr Mac-Askill, she said: "You would have to have a good reason. But it would be entirely reasonable for you to say that you did not believe all the criteria were met at this stage.

"He can't now backtrack and say, 'I had to do it because other people took these decisions as well'."

As they faced questions over the decision to let Megrahi go, both Mr MacAskill and Mr Salmond sought to suggest that the Libyan had lived longer than estimated because of the very fact he had gone home.

Mr Salmond said: "I'm not a doctor but I think it's entirely possible that somebody's life expectancy in a prison in Greenock is somewhat shorter than the life expectancy with aggressive drug therapy in Tripoli."

Despite that, Mr MacAskill still insisted that the bomber was "going to die very soon".

The confusion comes with US senators preparing a hearing in Washington over the case, due on 29 July. The group met Prime Minister David Cameron late on Tuesday night and confirmed they wanted to now examine all aspects of the case. It follows some reports that Megrahi could easily live for another decade with his condition.

Frank Duggan, the spokesman for the Victims of Flight 103 group, said that Mr MacAskill should visit the USA to explain his role to relatives. He said it would help to dispel claims that Scotland was tied up in the Libyan oil deal.

Mr Duggan said: "It would be helpful, certainly. And I think it would help them because Alex Salmond has made a strong case."

That case was set out in Mr Salmond's letter to John Kerry, the chair of the US Senate's foreign relations committee.

Mr Salmond said he would cooperate with any inquiry, but warned that many of the questions raised by the committee could not be answered by Scottish ministers. He noted that they had no dealings with Libya or BP over a UK-Libyan Prisoner Transfer Agreement.

Mr Salmond finished his letter by declaring: "I am aware that the US government and many relatives of those who died, particularly in the US, profoundly disagree with the Scottish Government's decision to release al-Megrahi on compassionate grounds.

"I do not expect anything I say will change that but I do think it is important to put on record the background to that decision and reassure you that it was made with integrity and following a clear legal process."

A spokesman for the Scottish Government clarified Mr Mac-Askill's position last night. He said: "The point he was making was that in every case where the criteria (for release] has been met, all justice ministers have been agreed.

"As justice secretary, he does have the discretion to look at the advice and he could have decided, 'I am going to ignore that'. The point he was making was that, if he were to do that, then he would be going against the parole board, the recommendations of the prison governor and the director of health."

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