The father of a woman killed over Lockerbie yesterday vowed to stand in and continue the appeal of the Libyan convicted of the bombing if he dies "before justice is done".

Dr Jim Swire, whose daughter Flora, 23, died in the tragedy 20 years ago, has taken legal advice and believes he would be able to pursue the case if Abdelbaset Ali Mohmed al Megrahi cannot.

The revelation came after Megrahi lost his application to be released from jail pending appeal. Three judges at the Court of Criminal Appeal in Edinburgh took a week to make the decision and said the argument to release him was currently outweighed by the scale of the atrocity.

Lord Hamilton, Scotland's most senior judge, read out their decision in the court and revealed the hormonal treatment Megrahi is receiving while serving his life sentence in Greenock Prison means his life expectancy is uncertain and he may live for years. However, the explanation does leave it open for Megrahi's defence team to apply for bail again if his health detoriorates further.

It was disclosed last month that the Libyan 56-year-old former intelligence agent had been diagnosed with prostate cancer and that the disease had spread to other parts of his body.

In a statement read outside the court by his solicitor, Megrahi, who has consistently denied any involvement in the bombing, said he was "very distressed" by the ruling and vowed his fight to clear his name would continue after his death if necessary.

He said: "I wish to reiterate that I had nothing whatsoever to do with the Lockerbie bombing and that the fight for justice will continue, regardless of whether I am alive to witness my name being cleared. I would like to take this opportunity to thank the many people of Scotland and elsewhere who have taken the time to send me cards and letters of support."

Dr Swire said he felt the court had missed a "golden opportunity" in not granting Megrahi bail and he would pursue the appeal personally.

He told The Herald last night: "I understand that someone with a legitimate interest in the case can continue the appeal provided they apply within three months of the death of the person who lodged the appeal. So the Libyan Government or his family or one of the relatives could apply to pursue the appeal.

"I very much hope Megrahi will live to see it completed but, if he does not, then I will look to pursue it. The defence has said there is new evidence and it sounds like pretty potent stuff. We would want to hear this in court. I have reason to believe there would be solicitors and advocates who would be willing to take this up on a pro bono free basis."

In a letter to The Herald, published today, Dr Swire says: "It was Prime Minister William Gladstone who said: Justice Delayed is Justice Denied.' His words may come back to haunt the reputation of Scottish justice down the years, particularly if Megrahi dies before his appeal is completed.

"If he dies in prison and the verdict is subsequently overturned, he will become a martyr such as even the suicide bombers cannot emulate. What would this do for peace in the world and Scotland's reputation?"

The Libyan, who was not in court for yesterday's hearing, is serving a life sentence with a minimum term of 27 years for the bombing of PanAm flight 103 in 1988 which led to the deaths of 270 people.

He lost an appeal in 2002 but was given a fresh chance to clear his name in June last year when the Scottish Criminal Cases Review Commission referred his case back to appeal judges for a second time. The fresh appeal is due to be heard next year.

Yesterday's judgment was delivered by Lord Hamilton, the Lord President, sitting with Lord Kingarth and Lord Wheatley.

At a hearing last week, appeal judges were told a "compelling case" existed for releasing Megrahi on bail pending his appeal. His defence team said he did not have long to live.

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