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The Application

The applicants asked the Commission to find that its original reference grounds in 2007 remain ‘valid and compelling' reasons for the Commission to refer the case again to the High Court.

The applicants raised two new matters, and asked the Commission to review the two grounds argued at the abandoned appeal, on which the High Court did not deliver its opinion: insufficient evidence and unreasonable verdict.

The Commission considered that the points raised formed the following six broad grounds of review:

Ground 1: Insufficient Evidence
Ground 2: Unreasonable Verdict
Ground 3: Fresh Evidence: The Christmas Lights
Ground 4: Non-disclosure
Ground 5: Timer Fragment PT/35(b)
Ground 6: The Suitcase Ingestion

The Commission now believes that a miscarriage of justice may have occurred in Mr Megrahi's case by reason of 'Ground 2: Unreasonable Verdict' and 'Ground 4: Non-disclosure'.

The Commission does not believe that any of the other four grounds may have led to a miscarriage of justice.

A brief summary of the reasons why the Commission reached this view in respect of these six grounds is included below.

The Trial Court's Findings

The Commission has, for clarity's sake, set out here a brief summary of the trial court's findings.

  • The bomb that destroyed PA 103 had been contained in a Toshiba RT-SF16 Bombeat radio-cassette player which had been in a brown hardshell Samsonite suitcase of the 26inch Silhouette 4000 range (the bomb suitcase).
  • The scientific evidence identified 12 items of clothing and an umbrella that had been in the bomb suitcase.
  • The items in the bomb suitcase had been, with one exception, the items that Anthony Gauci, the owner of a shop in Sliema, Malta, described that he sold before Christmas 1988 to a Libyan man.
  • Mr Megrahi was identified as the purchaser of the items in the bomb suitcase (based upon Mr Gauci's evidence that the purchaser of the items closely resembled Mr Megrahi and evidence that Mr Gauci sold the items on 7 December 1988, a date on which Mr Megrahi was in Malta, staying in a hotel close to Mary's House).

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