WOULD Thomas Hamilton, who murdered 16 children and their teacher in in a primary school in Dunblane 13 years ago, have been released from jail on compassionate grounds had he (a) lived to be convicted and (b) developed terminal cancer?

Most people, including the Scottish justice minister, Kenny MacAskill, would, I hope, dismiss such a notion. And yet, in December 1988, Abdelbaset Ali al-Megrahi not only murdered 17 children under the age of 16, but also 253 others. In cold blood. Without mercy. Without compassion. Without humanity.

And tonight he is flying home to the bosom of his loving and (I assume) forgiving family in Libya.

Al-Megrahi has, we are told, just three months to live. Not long, you might think. And yet for two of his victims, that is more than a lifetime: Jonathan Thomas of Southfield, Michigan, and Brittany Williams of Crown Point, New York, were each just two months old when Al-Megrahi’s task of 21 December 1988 was completed successfully with the explosion in mid-air of Pan Am Flight 103 above a previously unheard-of Scottish town.

Some may argue that the lives of child murder victims are no more precious than those of any others, and I simply use Al-Megrahi’s child victims to illustrate a point: why was he considered for compassionate release when others whose crimes were, arguably, less (in quantative terms only; not in relation to the devastation caused to victims’ families) would almost certainly not be?

MacAskill told reporters today: “I can only base my decision on the medical advice I have before me.” That was a false statement. If it were true, then he would not have been asked to make a decision in the first place. If the “only” basis for a decision was Al-Megrahi’s medical condition, then his release was inevitable, since the medical evidence seems to be incontrovertible. But MacAskill was asked to make a decision, a decision that had to be based on a lot more than “the medical advice I have before me.”

He had to take into account whether or not justice would be served by the mass murderer’s release. Before he became an MSP and then justice minister in the SNP Government, MacAskill was a defence solicitor. His liberal instincts which allow him to sympathise with the perpetrators, rather than the victims of crime, have not let him down today.

I can’t shake the feeling that not far beneath the surface of this debate has been an assumption — and if not an assumption, then certainly a suspicion — that Al-Megrahi is innocent of the crime of which he was convicted eight years ago. Yet even if this were the case, MacAskill’s decision was still the wrong one. The deal (unofficially) offered to the terrorist by the Scottish Government was that in order to qualify for compassionate release, he had to drop his existing appeal against his conviction. There is a widespread and near unanimous view among the families of the victims of Lockerbie that had the appeal gone ahead, it would have unearthed previously unseen evidence that could have helped answer some of the many unanswered questions surrounding the tragedy.

Thanks to MacAskill’s intervention, that will now no longer happen. In his embarrassing and unsuccessful attempts to look and sound statesmanlike today, MacAskill tried to claim “humanity” as a peculiarly Scottish characteristic. But it is too late for him to try to claim the moral high ground. This decision was made not by a minister representing the Scottish nation, but by a lawyer representing the minority Scottish Government.

His decision today was wrong on the grounds of justice and wrong on the grounds of humanity. But as long as Mr MacAskill can reassure himself that it was the right decision medically, then I’m sure he’ll be able to sleep as soundly tonight as Al-Megrahi will when he arrives home after a long but safe and comfortable flight.