Pan Am 103 Bombing Verdict: University of Glasgow
                   Legal Expert Discusses Sentencing

                   Aired January 31, 2001 - 8:38 a.m. ET

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                   CAROL LIN, CNN ANCHOR: We want to get more reaction to the
                   sentencing of a Libyan man, Ali Al-Megrahi, who was found guilty today
                   and sentenced to life in prison for the downing of Pan Am Flight 103.

                   Joining me right now is Claire Connelly. She is a legal expert with the
                   University of Glasgow.

                   Good day, Claire.

                   CLAIRE CONNELLY, UNIVERSITY OF GLASGOW: Hello.

                   LIN: Claire, your reaction to the sentencing.

                   CONNELLY: Well, certainly the sentence that has been passed, as you
                   know, is a mandatory life sentence. When someone has been convicted of
                   the crime of murder, in Scots law is a mandatory life sentence. The judge
                   here has told the court this afternoon and the first accused, Al-Megrahi, that
                   he will have to serve at least 20 years before he can make an application for
                   parole. That means a 20 year period would lapse before he could even
                   apply to be released from prison, and such an application isn't guaranteed to
                   result in release.

                   LIN: Why was there not a death penalty in this case?

                   CONNELLY: We don't have the death penalty in Scots law.

                   LIN: Oh, I see. All right, so he has to absolutely serve 20 years before he
                   can even apply for parole?

                   CONNELLY: Exactly. And if an application was successful at that point, at
                   a later point when he reapplied he would be released on life license. And the
                   judge has recommended that he be deported to Libya at that point.

                   LIN: But in the meantime...

                   CONNELLY: But only after serving the sentence.

                   LIN: Gotcha. So in the meantime, though, he can still appeal the verdict, is
                   that right, and the sentence?

                   CONNELLY: That's right. There's not an automatic right of appeal under
                   Scots law. Within the next two weeks, if he chooses to appeal, notice of
                   intention to appeal would have to be lodged. Then papers supporting an
                   application to appeal would be submitted to the court and a judgment decide
                   whether there are any grounds for an appeal to be heard. But a right of an
                   appeal is not automatic, and there have been no announcements as yet by
                   the defense that an appeal will be made.

                   LIN: Claire, what sort of case, though, if there is an appeal, what sort of
                   case would his attorney have to present in order for him to either have a new
                   trial or to have the sentencing changed?

                   CONNELLY: Well, certainly because the conviction has been on the crime
                   of murder, there can be no appeal against sentence because the sentence is
                   mandatory life. So the appeal could only be against conviction. And really,
                   basically, the decision of the judges today that they decided in the verdict,
                   it's clear that they thought beyond reasonable doubt that the accused was
                   guilty. Any appeal would have to overturn that decision. That's a fairly
                   substantial job.

                   LIN: And at the same time, Khalifa Fhimah, the other man found not guilty,
                   already en route back to Libya, is he now beyond the reach of the law? He
                   is completely absolved of this case?

                   CONNELLY: Well, yes, in terms of -- we have a principle in Scots law
                   called rejudicata. It's equivalent to double jeopardy. And after a person has
                   been tried for a particular crime and the court has reached a verdict in that
                   trial, he cannot be tried again for the same offense.

                   LIN: All right, thank you very much.

                   CONNELLY: However, it doesn't mean that civil actions.

                   LIN: It doesn't mean what, Claire? I'm sorry?

                   CONNELLY: It doesn't mean that a civil action could not be raised against
                   a certain accused, as you know from your experience in your own country
                   following the O.J. Simpson trial. The same thing has happened in Scots law.
                   But even where people have been acquitted in respect of charges of murder,
                   families a bit after raised a civil action for damages.

                   LIN: Yes.

                   CONNELLY: And those actions have, on occasion, been successful.

                   LIN: Yes, that's right. And, in fact, several American families have, in fact,
                   filed civil actions against both of these men, as well as the Libyan
                   government. What do you think their chances of recouping any damages?

                   CONNELLY: That's right. Well, certainly, as you know, in a criminal trial,
                   the test is a test of beyond reasonable doubt. In a civil case, the test is only
                   on the balance of probability as to whether an event took place and
                   damages being paid. So the conviction today of the first accused indicates
                   that certainly there may be a strong case for damages. Whether that would
                   extend to the second accused is less clear at this point.

                   LIN: All right, thank you very much, once again, Claire Connelly, for joining
                   us, University of Glasgow, legal expert.

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