The Megrahi affair
I find the furore over the release of Al Megrahi incomprehensible. Whether the decision by Kenny MacAskill the Scottish Justice Secretary was the right one or not is irrelevant. Whether the decision pleased the British Government or annoyed the Americans, both Government and public, is similarly beside the point.
The Libyans made it clear repeatedly that they wanted Megrahi returned and that failure would sour relations in general and trade in particular. Megrahi certainly did not do the job on his own and may well have been innocent as he claims. An appeal might have brought to light murky goings. Neither the British nor the Scottish Governments would have been keen on that.
The British Government might well have wished to put pressure on MacAskill but it lacked the means. Gordon Brown could offer neither inducement nor threat. Brown cannot promote MacAskill and unless MacAskill has a guilty secret cannot ruin him either. Alec Salmon might have been able to exert pressure but surely would not have just to please Gordon Brown.
What is supposed to have happened? Is Brown supposed to have ‘phoned MacAskill and said, “Kenny as one Scot to another, could you see your way to releasing Megrahi. It would do our trade so much good and if you could induce Megrahi to give up this appeal business as well that would be even better.” I imagine MacAskill’s reply would have been curt. If he had been polite he might have said, “I am well aware of all this. What I make of it and what part if any it plays in my decision is my business and nothing to do with you or anyone else. Good day”
The decision to release Megrahi may have been wise or unwise but the notion that it was affected by pressure on the Scottish Justice Secretary is ludicrous.
The release occurred according to law and so excluded any doubt that Megrahi was guilty. If you are convicted, legally you are guilty. But too often that turns out not to be a correct verdict. I am glad Megrahi was released partly because he was old and sick, and his dying away from home and family would have benefited nobody. But I am glad also because there is doubt that he was guilty at all.
Most to the British bereaved appear to share my view. The American bereaved do not. It would seem that they refuse to acknowledge any doubt about Megrahi’s guilt and to derive satisfaction from Megrahi suffering. Perhaps they would really have liked a daily dose of water-boarding.
The justification for “punishment” is deterrence not revenge. With major and horrific crimes the desire for revenge requires that someone be made to suffer and for that someone must be found guilty. Too often that has led to the conviction of those who have eventually turned out to be innocent. Surely that possibility should always be born in mind.