Dorothy Bain KC

Abu Agila Mohammad Masud Kheir Al-Marimi, a former Libyan intelligence officer, is in the custody of the United States Department of Justice and faces charges on two criminal matters, including destruction of an aircraft resulting in death.

Ms Bain said: “After Abdelbaset Al-Megrahi was convicted in 2001 my predecessor as lord advocate, Lord Boyd of Duncansby, confirmed to the Scottish Parliament that the investigation into the involvement of others in this terrible crime would continue.

“For more than 20 years the Crown Office and Procurator Fiscal Service has maintained a case team working on this investigation, bringing together a range of prosecutorial expertise in counter-terrorism, major crime investigations, forensic analysis, international co-operation and mutual legal assistance.

“The recent developments demonstrate that there can be no time limits placed on the pursuit of justice. Scottish prosecutors and officers of Police Scotland have remained committed to the case and for decades have worked closely with US Department of Justice attorneys and FBI case agents on the investigation.”

Lawyer for the Megrahi family, Aamer Anwar pointed out yesterday the inconsistencies in the US account of the events that led to the bombing.

The US criminal complaint states that Mr Masud bought the clothes to put into the Samsonite suitcase that contained the bomb used to destroy the plane.

“The problem for the US Department of Justice is that the case against Megrahi is still based on the eye-witness testimony of Toni Gauchi, stating that Megrahi bought the clothes,” Mr Anwar said.

“How can both Megrahi and Masud now be held responsible?”

Ms Bain is meeting with US officials in Washington DC next week where she will also attend “commemorative events to mark the anniversary of the tragedy”.