The Legal History of the Lockerbie Aircraft Bombing Case and a Reference for Another Appeal
| Date | 01 December 2020 |
| Author | Robert Shiels |
| DOI | 10.1177/0022018320952553 |
| Published date | 01 December 2020 |
| Subject Matter | Comment |
Comment
The Legal History of the
Lockerbie Aircraft Bombing
Case and a Reference for
Another Appeal
Robert Shiels
Solicitor in Scotland, UK
Abstract
The only person against whom a charge of murder was proved in regard to the Lockerbie
bombing case in 1988 had an appeal against conviction refused. A subsequent referral of the
case back for further consideration by appellate judges was abandoned by the appellant. He was
released on the statutory ground of compassion due to his imminent death. The appeal was
revived in 2020 after further investigation and fresh evidence and referred to the criminal
appeal court for Scotland.
Keywords
Miscarriage of justice, terrorism, Lockerbie bombing, unreasonable verdict, non-disclosure
Introduction
The destruction of an aircraft in flight over Lockerbie, in south-west Scotland, on 21 December 1988 was an
appalling example of mass killing at the time. The case ‘exposed the fundamental, almost insurmountable,
difficulties faced by any system of criminal justice when administered in the context of international policy’.
1
The literature is substantial, and includes a formal government accident report.
2
A full history of the case is
probably not possible while so many facts, often about diplomacy and international politics of the period,
remain unsettled.
3
The international dimension of the case, with victims from many countries, has ensured a
Corresponding author:
Robert Shiels, Solicitor in Scotland, SSC Library, Parliament House, Edinburgh, EH12 8XW, UK.
E-mail: robertshiels@hotmail.com
1. H Koechler, ‘The Lockerbie Trial and the Rule of Law’ (2009) 21(1) Natl Law Sch India Rev 149, 160.
2. UK Government: Department of Transport: Air Accident Investigation Branch: Air Accident Report 2/90 (6 August 1990).
https://www.gov.uk/aaib-reports/2-1990-boeing-747-121-n739pa-21-december-1988 (accessed 16 August 2020)
3. There is a disparate body of general literature: eg D Johnston, Lockerbie: The Real Story (Bloomsbury, London 1988); D
Leppard, On the Trail of Terror: The Inside Story of the Lockerbie Investigation (Jonathan Cape, London 1991); J Aston and I
Ferguson, Cover-up of Convenience: The Hidden Scandal of Lockerbie (Mainstream, Edinburgh 2001); J Ashton, Megrahi:
You Are My Jury: The Lockerbie Evidence (Birlinn, Edinburgh 2012); J Ashton, Scotland’s Shame: Why Lockerbie Still
The Journal of Criminal Law
2020, Vol. 84(6) 615–621
ªThe Author(s) 2020
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DOI: 10.1177/0022018320952553
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