MacAskill's job on the line

FBI director Robert Mueller wrote to MacAskill to tell him he had given "comfort to terrorists" around the world as opposition MSPs planned to force a vote of censure that could result in his departure as justice secretary.

Mueller called the release of Abdelbaset Ali al-Megrahi "inexplicable and detrimental to justice" as international fury grew over MacAskill's decision to free the mass-murderer convicted of killing 270 people two decades ago.

In his letter, Mueller said: "Your action makes a mockery of the rule of law. Your action gives comfort to terrorists around the world." He added: "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."

Before Mueller's intervention the pressure on MacAskill was already intense. Libyan television showed Colonel Muammar Gaddafi embracing Megrahi before thanking the SNP for releasing the bomber on the grounds that he is suffering from terminal prostate cancer.

"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 they faced," Gaddafi said.

"Nevertheless, they took this courageously right and humanitarian decision.

And I say to my friend (Gordon] 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."

The Libyan dictator's behaviour provided more evidence of his determination to defy calls from Brown and US president Barack Obama for the bomber's return to be handled in a low-key fashion.

Suggestions that Megrahi's release was part of a Libyan trade deal intensified when it was reported that Gaddafi's son Saif had said it was linked to a deal between the UK and the oil-rich north African state.

Yesterday, former prime minister Tony Blair denied that there had been any such deal while Business Secretary Lord Mandelson added that the suggestion was "quite offensive".

However, Hans Kochler, a United Nations' international observer of the Lockerbie trial, told Scotland on Sunday he suspected that a deal was behind Megrahi dropping his appeal against his conviction.

Kochler said: "I can only say that I strongly suspect that he was pressurised into dropping his appeal. And you cannot say you're compassionate if Megrahi was induced in such an emotionally desperate situation to give up judicial proceedings, which could have easily gone ahead even once he was dead."

Tomorrow, MacAskill will face another huge test when he makes a ministerial statement at Holyrood and attempts to justify his actions to rival politicians.

There will not be a vote when parliament is recalled early from the summer recess tomorrow, but opposition politicians are planning to raise the issue when Holyrood convenes permanently next month.

Opposition politicians are discussing calling a debate that would include a vote on MacAskill's handling of the affair, a poll that would effectively amount to a vote of no confidence in the minister.

An embarrassing defeat in such a debate would fatally damage MacAskill's position as justice secretary.

The prospect of MacAskill being subjected to that ordeal appeared inevitable when former first minister Jack McConnell called for such a vote.

McConnell said the damage caused by the Scottish flags welcoming Megrahi home would take years to overcome and called on Holyrood to tell the world that the Scottish Parliament and the Scottish people did not support his release.

Scotland on Sunday understands that McConnell will speak in favour of a Labour motion condemning the handing of the case.

"The sight of Scottish flags welcoming home a convicted bomber to Libya has shamed Scotland, and the damage done will take years to recover," McConnell said.

"The Scottish Parliament has a responsibility to take action to repair some of the damage done. I believe that the Scottish Parliament should make clear that this decision was not made by the people of Scotland and that it does not have the endorsement of the Scottish people."

The former Labour first minister added: "It is now too late to change the decision made by the current Scottish Government, but the voice of the people can be heard through their parliament. We owe it to the victims to make clear that this mistake does not have the support of the nation as a whole."

Scottish Liberal Democrat leader Tavish Scott also backed calls for a vote.

Scott said: "Megrahi should have been kept in Scotland. I am sure there will be a parliamentary majority in condemnation of Kenny MacAskill's decision."

Labour also tried to deflect some of the pressure on to Alex Salmond with Scottish leader Iain Gray claiming the reception that Gaddafi gave Megrahi showed that the SNP leader was "not up to the job of First Minister".

Gray argued that Salmond had failed to take the international situation into account when dealing with the Lockerbie bomber.

Labour sources disputed Salmond's insistence that the decision was entirely down to MacAskill, pointing out that Scottish compassionate release legislation was the responsibility of "Scottish ministers" rather than just the justice secretary.

Gray said: "Alex Salmond cannot wash his hands of the Libyan reaction and the international consequences of his decision. He is trying to dodge any responsibility for the inevitable scenes in Libya at Megrahi's return. For the First Minister to say he 'did not consider matters of international politics from whatever source' is astonishing."

Gray added: "Gaddafi has praised the Scottish Government, but Alex Salmond has shown weakness throughout this affair. He is not up to the job of First Minister."

Most Labour MSPs are thought to take the view that the Scottish Government could have shown compassion to Megrahi without letting him return to Libya, where he has been reunited with his mother, wife, four sons, his daughter and two grandsons.

His villa in Tripoli has been festooned with fairy lights in celebration of his homecoming. In an interview, Megrahi claimed that before he died he would release evidence that would prove that he was innocent of blowing up Pan Am flight 103 in December 1988.

The claim was made, even though he has dropped his appeal in Scotland.

His Scottish lawyer, Tony Kelly, was said to be scheduling a visit to Tripoli within weeks to discuss the matter.

The defence team is believed to have numerous documents, evidence and reports pertaining to the case that have never been made public.

A Scottish Government spokesman last night said: "The justice secretary reached his conclusions on the basis of Scotland's due process, clear evidence, and the recommendations from the parole board and prison governor. Mr MacAskill did not seek the applications for prisoner transfer and compassionate release, but once lodged he was required by law to judge them on their merits. Compassionate release is not part of the US justice system, but it is part of Scotland's."