Scots reply to FBI chief's claims

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In an unprecedented step, US crime agency chief Robert Mueller accused justice secretary Mr MacAskill of making a mockery of the law and giving comfort to terrorists.

Responding to a letter written by Mr Mueller, a Scottish Government spokesman said: "The US authorities indicated that although they were opposed to both prisoner transfer and compassionate release, they made it clear that they regarded compassionate release as far preferable to the transfer agreement, and Mr Mueller should be aware of that.

"Mr Mueller was involved in the Lockerbie case, and therefore has strong views, but he should also be aware that while many families have opposed Mr MacAskill's decision many others have supported it."

In a stinging letter addressed to the justice secretary, Mr Mueller said he was "outraged" at the move by the Scottish Government.

Former prosecutor Mr Mueller, who played a key role in the investigation into the 1988 bombing which killed 270 people, said: "Your action in releasing Megrahi is as inexplicable as it is detrimental to the cause of justice. Indeed your action makes a mockery of the rule of law.

"Your action gives comfort to terrorists around the world who now believe that regardless of the quality of the investigation, the conviction by jury after the defendant is given all due process, and sentence appropriate to the crime, the terrorist will be freed by one man's exercise of 'compassion'."

But the Scottish Government 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".

The spokesman said: "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.

"Mr MacAskill could not have consulted more widely - he spoke with the US families, the US Attorney General, Secretary of State Clinton and many others."