Lords Hamilton, Kingarth, and Wheatley said:
The grounds of appeal...are...numerous and complex. The applicant (Megrahi) by insisting in his whole grounds inevitably makes it so. He is entitled so to insist but having done so cannot complain if an early resolution becomes impossible. Moreover, the punishment part of his sentence has many years to run.
The applicant is now 56. He has recently been diagnosed as suffering from an incurable cancer. The prostate cancer from which the applicant suffers is very unpredictable. According to a report by a consultant clinical oncologist shown to us, the applicant's prognosis depends crucially on his response to hormonal treatment...which he has now commenced. Depending upon his response, his life expectancy may be in years.
Meantime, the applicant, with the exception of some mild discomfort, remains at present symptom-free. He is sleeping and eats well. He remains independent with his daily living activities in the prison where he is held. In terms of physical support required, at this time no additional help appears to be necessary. Full access to NHS care is available when required.
Scottish Ministers have a statutory power to release a serving prisoner on licence on compassionate grounds. Broadly speaking, in the case of a prisoner suffering from a terminal illness, life expectancy of less than three months may be considered a condition appropriate to occasion early release. It is not suggested that the applicant presently meets that criterion.
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