Wednesday, October 14, 2009

The Maltese Double Cross (1994) - Lockerbie

The Maltese Double Cross was written, directed and produced by the late Allan Francovich.

Faced with threats of legal action, it has been given scant exposure in the UK and the US. It was shown on Channel 4 in the UK in 1995 and was followed by a discussion on the issues the film raised. This was chaired by Sheena McDonald and included Allan Francovich, Jim Swire, Sir Teddy Taylor, Jim Duggan, David Leppard and Oliver 'Buck' Revel. Sadly, the discussion subsequent to the film is not included below.

This is however the best version of the 1994 film available.

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Friday, August 14, 2009

Scottish Justice and Reputation Lies in Tatters

There are winners in this game of judicial manipulation, international power brokering, backroom deals and media management.

It is not the victims of Pan Am 103.

It's not the relatives of those who died, whom have persued the truth with integrity and honesty.

It is not Al-Megrahi who will forever be deemed the 'convicted Lockerbie bomber'.

And it is most certainly not the Scottish justice system, which, after being viewed by the outside world as weak and subservient, is now irreparably plunged into the shadows of corruption, devoid of all morals and functioning solely at the behest of realpolitik.

http://www.independent.co.uk/news/uk/home-news/almegrahi-pressured-into-abandoning-appeal-1772156.html

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Wednesday, May 20, 2009

Lockerbie : First stage of Appeal Ends.

According to reports on BBC radio yesterday, and now reported briefly in the Scotsman newspaper, the first stage of the appeal by convicted Lockerbie bomber Abdelbaset Megrahi has been concluded by his legal team.

The Judges will now consider the submissions presented and decide whether further grounds of the appeal should be deliberated. It is thought that should the judges deem the appeal should proceed, the second stage of the appeal will concentrate on the original trials witness statements and identification by Tony Gauci.

Lord Hamilton, the Lord Justice-General, said ""We appreciate that having regard to, among other things, the appellant's state of health, there will be concern we deal with these matters as expeditiously as possible. But having regard to their importance to all concerned, we cannot and must not rush to judgment."

http://news.scotsman.com/world/Lockerbie-bomber39s-legal-team-puts.5282729.jp

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Wednesday, May 13, 2009

Lockerbie Appeal Update

Dr Ludwig De Braeckeleer of OhmyNews International website sheds light on the first stage of the 2nd appeal of Abdelbaset Al-Megrahi.

Once again, he exposes the fundamental flaws in the testimony given, and the Judges at Zeist's vindication of crucial prosecution witnesses, Paul and Tony Gauci. Owners of the Maltese clothes shop where it was said the items of clothing used to conceal the bomb were purchased, their statements on what was bought, by whom and on what date, was essential in the conviction of Megrahi.

It is thought the defence team will also look to introduce a new witness, known about by the police and crown since 1989, who's statement is unequivocal that the date of purchase is not that as stated by Gauci, and agreed by the Judges in 2001. This new witness would not however be presented by defence lawyers until later in the appeal process.


Dr Braeckeleer also examines the other significant piece of evidence produced at the original trial: the MST13 timer, and the charred fragment discovered linking the bomb to Libya and Megrahi.

http://english.ohmynews.com/articleview/article_view.asp?at_code=437023&no=385213&rel_no=1

Article below:

In the first session of the appeal, which began April 28 and will run until May 22, the defense team is determined to thoroughly discredit the testimony of the main trial witness, Tony Gauci. Tony Gauci, a Maltese shopkeeper, is said to have identified Abdelbaset Megrahi as the Libyan man who bought, on Dec. 7, 1988, the clothes inside which the bomb that exploded on Pan Am 103 was hidden.

On the basis of old evidence, new evidence and evidence not heard at the trial because it had not been passed to the defense at the time, Maggie Scott, QC, will, in all likelihood, easily convince the five appeal judges that Megrahi is not the man who bought the clothes and that the purchase occurred on Nov. 23, 1988, when there is no evidence suggesting that Megrahi was on the island and when he has an alibi.

A Dubious Identification

On Nov. 18, 1991, the US Dept. of State issued a "fact sheet" regarding the indictment of Libyan citizens Megrahi and Fimah for their alleged role in the bombing of Pan Am 103 on Dec. 21, 1988.

The sheet reads: In February 1991, Megrahi was described "resembling the Libyan who purchased the clothing items... most likely on Dec. 7, 1988."

On Feb. 15, 1991, Gauci was shown some photographs and failed to identify Megrahi. When asked to concentrate on his picture - a leading procedure to say the least -- Gauci correctly pointed out that the man on the picture was in his 30s while maintaining that the man who had bought the clothing items was very much older.

Previously, on Sept. 13, 1989, during a photofit session, Gauci stated that the buyer was about 50 years old. Born on April 1, 1952, Megrahi was 36 in late 1988. The next day, Gauci again told Detective Chief Inspector Bell that Megrahi was too young to be the man who bought the clothing.

"If the man in the photograph was older by about 20 years, he would look like the man who bought the clothing," Gauci told DCI Bell.In his first interview held on Sept. 1, 1989, Gauci told DCI Bell that the mysterious buyer was 6 feet tall or more. Megrahi is 5 feet 8, a significant discrepancy considering that it comes from a man who sells clothes for a living.

The trial judges were well aware of this striking discrepancy but they failed to provide any explanation as to how it was resolved.A Fraudulent Line-UpDuring an identity parade held at Camp Zeist in 1999, Gauci pointed out that Megrahi resembles the man who bought the clothing items.

In the line up, Megrahi was the only Libyan and was surrounded by people in their 30s and 5 feet 3 tall, i.e. people who at the time of the event would have been about 30 years younger and at least 9 inches shorter than the person originally and repeatedly described by Gauci.

Wrong Date

Regarding the day of the purchase, Tony Gauci remembered that his brother Paul had gone home earlier to watch an evening football game (Rome vs. Dresden), that the man came just before closing time, around 7 p.m., and that there was some very light raining. (The man returned to the shop to buy an umbrella.)

The game allows for only two dates: Nov. 23 or Dec. 7, 1988.The game Rome-Dresden on Dec. 7 was played at 1 p.m., not in the evening. As a result, Paul Gauci thought that the purchases had occurred on Nov. 23, 1988.

And there is more. It did not rain on Sliema on Dec. 7, 1988. Mark Vella, the managing director of METEO-MALTA, told the author that their records - including satellite pictures -- unambiguously indicate that it did not rain on Sliema on Dec. 7. On the other hand, Vella could confirm that it was dripping during the evening of Nov. 23, 1988. (NB. Official copies of their records are available.) When asked to try to assess the most likely day of the purchase by DCI Bell, Tony Gauci stated: "I've been asked to again try and pinpoint the day and date that I sold the man the clothing. I can only say it was a weekday.

There were no Christmas decorations up, as I have already said, and I believe it was at the end of November." During a three years long investigation, the SCCRC has established that the Christmas lights are put up in Sliema on Dec. 6, ruling out Dec. 7 as the date of the purchase.

New Witness

The defense has identified a person, not heard at the trial, who witnessed the purchase of the clothing items. Although he has not been named by the defense, I understand that the witness is David Wright, a longtime friend of the Gauci family.Wright told the police in September and December 1989 that the purchase occurred Nov. 23 and that the buyer was not Megrahi.

His interview was not passed to the defense team at the time of the trial. During the first session of the appeal, which, there will be no new witnesses. "Any new witnesses, if the Appeal Court allows them to be heard -- and the rules about fresh evidence in appeals are very restrictive -- will only feature in later sessions," writes Pr. Black.

Last Pajamas

In a phone interview conducted on Jan. 25, 2008, Tony Gauci stated that the three pairs of pajamas he sold to the mysterious buyer were the last from the 16 delivered from the John Mallia Company on Oct. 31, 1988. On the following day, Tony Gauci called the Mallia Company to order an additional 8 pairs which were delivered 24 hours later.

In Malta, Dec. 8 is a public holiday as the mostly Catholic country celebrates Immaculate Conception Day. As a matter of fact, John Mallia Co. was closed on Dec. 8, again ruling out Dec. 7 as the day of the purchase.

Missing Statements

According to a well informed source, the defense will establish that contradictory statements made by Gauci were not passed to the defense team at the Zeist trial.

Payments

The defense will also establish that the Gauci brothers were paid a large amount of money in exchange for helping the conviction of Megrahi and that the defense had not been informed regarding the payments themselves or the promise of rewards.

The Slalom Shirts

Although it has not yet been announced, I understand that the defense will also question the origin of the Slalom shirts alleged to have been sold by Tony Gauci to the mysterious buyer. This issue is of paramount importance as forensic experts claimed to have discovered in the collar of one of these shirts the fragment of an electronic timer which provided the key link between the bombing and Libya. (NB. This writer has never quite understood how the size of the breast pocket did not match the size of the collar of the shirt recovered at Lockerbie, but that is another story.)

During his first interview with DCI Bell, Tony Gauci made a list of the items he had sold to the mysterious buyer. The list matched exactly the items that forensic experts at RARDE believed to have been in direct contact with the bomb, except for a black umbrella that they eventually "identify".

On that day - Sept. 1, 1989 -- Gauci made no mention of the Slalom shirts.On Jan. 30, 1990, Gauci was shown a SLALOM shirt and was asked if he had sold one to the mysterious buyer. "That man did not buy any shirt, I am sure," Gauci stated to the investigators. Then, on Sept. 10, 1990, Gauci suddenly recalled selling two Slalom shirts. It is not just odd, but contradicts a statement Gauci made on his first interview and repeated at the trial.

During his first interview, Gauci told DCI Bell that he remembered that the bill amounted to 76.5 Maltese pounds (LM). Gauci even clearly remembered that the man paid him with eight 10 LM bills, and that he returned 4 LM as he was not able to give a half pound in change.Quite logically, DCI Bell then asked him to check the price of all the items he had just mentioned. And, lo and
behold, the sum added to 76.5 LM... without any Slalom shirt. Had Gauci sold two shirts to the mysterious buyer, the bill would have been 84.5 LM.

Obviously, if the SLALOM shirt is a fabrication, so must be the items discovered inside it, including the infamous fragment of the MST-13 timer.According to Richard Marquise who led the US investigation, without this key piece of evidence, there would have been no indictment. Let us now take a good look at this crucial piece of evidence.

The Third MST13 Prototype

In the summer of 1985, Ulrich Lumpert designed a timer at the request of his employers Bollier and Meister, founders and directors of Mebo, a Swiss electronic company located in Zurich.Lumpert built manually 3 prototypes on a brown, 8-ply board. Two were delivered to a front company of the STASI and the third one was allegedly destroyed.In 1988, at the request of Libyan Intelligence officials, MEBO delivered 20 MST13 timers. The electronic boards of these 20 timers were identical, machine-made on a green 9-ply board. (See LDB001) Although hey bear obvious resemblance with the three initial prototypes, they can easily be distinguished from them.In January 1989, the Lockerbie investigators found part of the collar of a SLALOM shirt, identical to one of the two shirts allegedly bought by Megrahi in Malta on Dec. 7, 1988. See LDB002. (NB. The discovery, made on Jan. 13, was not recorded until Jan. 17.)

The Discovery of PT35(b)

Initially, the evidence bag containing the collar of the SLALOM shirt was labeled "CLOTH" by Thomas Gilchrist. At a time unknown, the label was overwritten with the word "DEBRIS". The proper procedure would have been to cross the initial label and write the new one under it. Instead, DEBRIS was written over CLOTH in a way that makes the old label unnoticeable, unless the label is magnified.

The "DEBRIS" was then "discovered" on May 12, 1989 by Dr. Hayes and labeled PT35(b). The discovery is documented on a second page 51, a loose page stapled to his notebook. Items entered several months later have been given a lower evidence number. All pages from 51 to 55 were renumbered. When asked about these anomalies, Dr. Hayes simply answered that it was an "unfathomable mystery".


The Identification of MST13

On June 15, 1990, while studying a picture of PT35(b), FBI Thomas Thurman was able - thanks to the CIA - to identify it as part of the MEBO MST13 delivered prior to the Lockerbie bombing to Libyan intelligence. See LDB003

There is a small glitch... It is obvious that the fragment PT35(b) does not come from one of the 20 machine-made MST13 timer delivered to Libya. The location of the T shaped touch pad, its absolute and relative dimensions do not match. Moreover the curvature of the fragment round edge equally differs. Compare LDB003(a) and LDB003(b)!

Nevertheless, the design is very close and must have the same origin. And this brings us back to the Lumpert affidavit...

The Lumpert Affidavit

"I confirm today on July 18, 2007, that I stole the third hand-manufactured MST-13 timer PC-board consisting of eight layers of fiber-glass from MEBO Ltd. and gave it without permission on June 22, 1989, to a person officially investigating in the Lockerbie case," Lumpert wrote. "It did not escape me that the MST-13 fragment shown [at the Lockerbie trial] on the police photograph No. PT/35(b) came from the nonoperational MST-13 prototype PC-board that I had stolen," Lumpert added.

On June 6, 2008, Lumpert told the author that he gave the third timer prototype Swiss Commissioner Peter Fluckiger who requested the device at the demand of a "friendly intelligence agency."

A BUPO [Swiss federal police] note concerning the second interview of Inspector Fluckiger with the MEBO company, Badenerstrasse 414, third floor, 8004 Zurich, on Tuesday Oct. 2 1990 states: "After greeting each other and carrying out a general discussion regarding the crisis in the Gulf and its potential consequences for MEBO business, there was a project to develop a new radio network in Kuwait. We then began to discuss business contacts with Libya with reference to the discussion of the 22nd of June 1989."

Commissioner Peter Fluckiger has admitted that he visited MEBO on June 22, 1989. Fluckiger was indeed alone with Lumpert on June 22 1989. Bollier confirmed to the author that neither himself nor Meister were at the office that day.

It would appear that the Crown was well aware that the June 1989 meeting at MEBO clearly contradicts the official version of the Lockerbie investigation, as the following exchange between Mr. Turnbull and Peter Fluckiger at the trial indicates.

Q: Thank you. Now, these photographs you had with you when you went to visit Mr. Bollier on the 2nd of October of 1990?

A: Yes. This photograph and the one we saw earlier. (NB. The photographs of PT35b and the MST13 board)

Q: Thank you. In your memo, which we looked at a moment ago -- and perhaps we should have it back on the screen, Production 1562, image 4. In your note here you speak, I think, in the first paragraph about a previous meeting; is that so?

A: That is correct. Yes.

Q: What was the date of the previous meeting?A: I don't remember this by heart, but I can read it here. I wrote down 22nd of June 1989. It would have been on that date.

Q: Thank you. Was that previous meeting in connection with MST-13 timers?

MR. BURNS: Don't answer that question.

The question the author wishes to put to Richard Marquise is this: If PT35(b) was identified as a fragment of a MEBO MST13 timer on June 15, 1990 by FBI Thurman, what was Commissioner Fluckiger doing at the MEBO offices on June 22, 1989?

CIA Interference

On Nov. 15, 1990, Scottish Detective William Williamson and his colleagues visited MEBO. Prior to his visit, the CIA requested MI6 to "deter or delay the members of the Lockerbie inquiry team from making the visit." As MI6 was unable to do so, CIA agents met with Swiss Intelligence and police services on Nov. 14, 1990.

Detective Williamson was never told about that meeting, let alone about its nature.Again, the Crown appears to be well aware of the significance of this secret meeting, as the following exchange between Keen and Williamson reveals very clearly.

Q: Now, Mr. Williamson, were you made aware of these steps to deter or delay the members of the Scottish Lockerbie inquiry team from making the visit to Switzerland?   

A: Absolutely not, sir.

Q: These were never disclosed to you?   

A: I have no knowledge of that information you've just read out whatsoever.

Q: Was it disclosed to you that the day before you met with the Swiss police and intelligence services on the first visit the CIA had already met with them?   

MR. TURNBULL: Don't answer that.

PS: Following the initial visit of DCI Harry Bell to Malta in September 1989, RARDE scientists looked for a black umbrella that would show traces of explosive residue. On Oct. 3, 1989, RARDE "scientist" Allen Feraday identified part of a black umbrella (evidence number PK/206) that had been in direct contact with the explosion. EUREKA! But again, there is a small problem. The log book indicates that PK/206 was at RARDE Laboratory only from Jan. 16 to Feb. 8, 1989. How did Allen Feraday conduct on Oct. 3, 1989, an experiment on an item which was not in his possession?

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Monday, April 27, 2009

Lockerbie : Megrahi Begins Appeal

It's nearly two years since the SCCRC gave it's recommendation that the conviction of Abdelbaset Ali Mohmed Al Megrahi in the bombing of Pan Am flight 103 in 1988, be referred to appeal. Tomorrow, in Edinburgh, his second appeal finally begins. In the interim period, Megrahi 57, has been diagnosed with cancer which is believed to be in an advanced stage.

During the prolonged period since the SCCRC's determination that Megrahi may have "suffered a miscarriage of justice" at the original trial, the prosecution team have been successful in their methods to, what can only be termed, obstinate in the releasing of evidence known to them for many years but never revealed to the defence lawyers. The state and crown, represented by the Secretary of State, David Miliband, raised a PII in order to stop disclosure of these documents and evidence.

The Prisoner Transfer Agreement (PTA) signed by the British and Libyan governments in 2007 has also cast an unnecessary cloud over the proceedings with respect to the appeal, while coming so soon after the SCCRC's decision merely added to the uncertainty and cynicism as to the true motives and intentions of the agreement. It is thought the appeal could take as long as a year to complete. How the actual appeal progresses, the speed and the manner with which the Scottish judiciary is seen to support fairness, truth and justice, from both legal teams, will surely determine if any attempt to enact the agreement is made. Clearly, notwithstanding Megrahi's health implications during the appeal.

Today's Guardian newspaper in London reports that the appeal lawyers for Megrahi will initially focus on the evidence provided by Tony Gauci at the original trial in Zeist, Holland in 2001. Despite the Judges admissions during the first trial that there were significant inconsistencies in Mr Gauci's detailing and recollection of the events surrounding a purchaser of clothes (claimed to be Megrahi) from his shop in Malta, his testimony proved a crucial factor in the determination that Megrahi was guilty of the bombing of flight 103.

http://www.guardian.co.uk/uk/2009/apr/27/lockerbie-bombing-appeal-trial-libyan

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Saturday, November 08, 2008

20 years on and Lockerbie victim's father still searches for the truth

WHEN Jim Swire discovered the devastating news that his daughter Flora had died in the Lockerbie air disaster he had one burning aim - to bring her terrorist killers to justice.

But on the 20th anniversary of the outrage the former Midlands GP now finds himself in the extraordinary position of DEFENDING the man convicted of her murder.

Medical student Flora, 23, had been flying out to see her boyfriend in the US when Pan Am flight 103 exploded over the small Scottish town of Lockerbie on December 21, 1988.

All 259 passengers and crew on board died on that cold winter night. A further 11 people on the ground also perished.

For the next 13 years Jim battled to bring chief suspect Abdelbaset Ali Mohmed al-Megrahi to trial, even risking his life by holding secret meetings with Libyan dictator Colonel Gaddafi.
Yet the dad-of-two became convinced the wrong man was in the dock after the Libyan was eventually convicted in 2001.

Since then he has fought a campaign to clear al-Megrahi - who is now suffering from prostrate cancer - and find the real killers of his daughter.

“I think a lot about whether Flora would have approved of what I am doing but I believe she would have,’’ said Jim, who lives in Chipping Camden, Gloucestershire.

‘‘The campaign has grown beyond anything I had ever expected. Twenty years of my life have been concentrated on it and I have had to try to balance it out with living a normal life.’’

The retired GP met al-Megrahi, 56, after he was jailed for life and says he still feels guilt over his part in bringing him to trial.

“I do feel responsible for al-Megrahi as I believe he was ultimately handed over by Gaddafi because of my meetings with him,’’ said Jim, 72.
‘‘But after hearing the evidence at the trial, I believe he isn’t guilty.”

Jim and wife Jane, a retired teacher, have endless fond memories of their beautiful and talented daughter who had wanted to follow her father into the medical profession.

Jane, 69, recalled: “Flora was a very gifted and confident individual. She was lively and creative and was always making something off Blue Peter.
“She began to shine in the sciences as a teenager and wanted to become a doctor.

‘‘Yet she’d seen the downside of a doctor’s life as my husband was a GP. She knew about the late call outs and how it was a tough profession. But she was a strong-minded woman and followed her dream.

“Flora was such a lovely child. I felt privileged to have her.’’

Her proud dad added: ‘‘Flora was a brilliant student and I have no doubt in mind that if she were alive today she would have been at the top of her profession.’’

But those dreams were shattered 20 years ago next month.

Flora had been desperately trying to find a flight to the US to celebrate Christmas with her boyfriend, Hart Lidov, when a late seat became available on the fateful Pan Am plane.

Jane recalled: “She had been trying to book a flight to the US but had no luck. She’d spent the weekend with us and we went to the theatre.

‘‘Two days later she called to tell us she had found a flight and asked if it was OK if she went. I told her we didn’t mind.”

Hours later Jane stumbled upon a terrifying news bulletin.
“Jim and I had just come home from a shopping trip and I turned on the TV and there was a newsflash about a plane crash in Scotland,’’ she recalled.

‘‘I was worried that it was the flight Flora was on, so I alerted Jim.
“We waited for the next news programme which told us that the plane had crashed at 7.05pm. I was praying it wasn’t Flora’s flight as it had taken off at 6pm and I was convinced it would have been way past Scotland by the time of the crash.

‘‘We were desperately trying to get through to the relatives’ hotline but it was constantly engaged.

“And then we realised that it was her plane - and that Flora was dead. We just sat and watched the devastating pictures of the plane. We were horrified yet mesmerised and terrified by it all.
‘‘We were completely beside ourselves.”

Soon afterwards Jim pledged to win justice for his daughter and all those killed on Pan Am Flight 103. Yet over the years he has become convinced the Libyans were not involved.
He said: “The evidence points to the involvement of Iran and Syria, not Libya.

“The case against al-Megrahi, I believe is invalid.”

Jim believes the Lockerbie bombing was a revenge attack against the Americans who had ordered an Iranian Airbus to be shot down months before Lockerbie killing 290 innocent people.

He also believes a Syrian terror group had amassed a cache of bombs designed for infiltration into European airports, explosives would sense the drop of pressure as an aircraft climbed into the skies - and would explode about 40 minutes after take-off.

And the Lockerbie bomb, he claims, may have been handed to and planted by an insider at Heathrow during a break-in the night before the disaster.

But with al-Megrahi serving a life sentence, he fears the true story will never be known unless the conviction is overturned.

Jim added: “I believe that the truth will never come out while I am alive. Justice will not be done in my lifetime.”

Soon after Lockerbie Jim and Jane planted young trees in the grounds of their family home in Bromsgrove, Worcestershire, which they named Flora’s Wood.

The trees are mature now and still stand there today, despite the couple selling the house in 2002. They were planted in the shape of an F for Flora, a poignant outline that can still be seen from satellite pictures on Google Earth.

http://www.sundaymercury.net/news/midlands-news/2008/11/08/20-years-on-and-lockerbie-victim-s-father-still-searches-for-the-truth-93633-22211467/

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Sunday, September 21, 2008

Lockerbie : What Price Justice?

This headline comes from this weeks Private Eye magazine in the UK, which carries an article examining the claims in a recent BBC documentary regarding financial rewards made to witnesses who gave evidence at the original Lockerbie trial at Camp Zeist in 2001.


In BBC2's recent 'Conspiracy Files' about the blowing up of Pan Am flight 103 over Lockerbie, Richard Marquise, the FBI agent who headed the US side of the investigation 20 years ago, emphatically denied that any reward money had been paid to witnesses.

In reply to a claim by Edwin Bollier, the boss of a Swiss company said to have manufactured the timing device used in the bomb, that he had been offered money by the FBI, Marquise said: "I can promise you we offered everyone who was involved in the case the exact same - nothing. They were never offered anything for their testimony, for their information concerning the case."

Clearly this was a case of the left hand of American Law enforcement not knowing what the right was up to because Majid Giaka, the "star" witness at the trial of the two Libyans originally accused of the bombing, was handsomely rewarded by the CIA.

Readers of Paul Foot's special report on the atrocity may remember that a series of internal CIA cables about Giaka - a proven liar and cheat who claimed he was in the Libyan Intelligence when in fact he merely repaired their cars - showed that agents themselves thought he was a man of little credibility. But these were originally withheld from the 2001 trial of Al-Megrahi and his co-accused, Fhimah (who was acquitted by the Scottish Judges). Those same judges agreed that Giaka's evidence - that he saw the pair with a large brown case at Luqa, the Maltese airport - was "at best grossly exaggerated and at worst untrue", and "largely motivated by financial considerations".

Curiously in convicting Megrahi, however, they never questioned why the prosecution should rely on such a corrupt and desperate liar and overlooked the fact that the names of both defendants had come from Giaka in the first place. Instead they relied on the only other evidence that incriminated Megrahi : his identification 11 years after the event by Tony Gauci, the Maltese shopkeeper who said he sold him the 13 items of clothing that were packed around the bomb. But Gauci had seen a picture of Megrahi only a few days before he made the crucial identification. This too was withheld from the original trial.

Inconsistencies and doubts surrounding Gauci's identification now form one of the six grounds outlined by the Scottish Criminal Cases Review Commission (SCCRC) for concluding Megrahi may be the victim of a miscarriage of justice. There were unconfirmed reports that part of the concerns outlined in the confidential 80-page SCCRC submission were that Gauci too was paid a large amount of CIA "compensation".

And for final confirmation that the Americans paid out money, the 'Reward for Justice' website of the US state department outlines the Lockerbie case. It says it has "paid more than $72m to over 50 people who have provided information that prevented international terrorist attacks or brought to justice those involved in prior acts."

(c) Private Eye 2008

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Thursday, September 18, 2008

Appeal Court in Lockerbie Move

The BBC is reporting that the High Court in Edinburgh will appoint a security-vetted defender, in a closed court session, to view the confidential documents that the SCCRC referred to last year as one area in their recommendation for a 2nd appeal for convicted Pan Am 103 bomber Al-Megrahi. This will be held with the exclusion of Al-Megrahi's own defence team.

"So far the court has not published its decision, but in a letter seen by BBC Scotland, the Foreign Office minister Kim Howells says it has decided to appoint a special defender."

As I stated ealier this year : Quite how the integrity and sincerity of the discussions and any decisions made during this court session on the subject of the withheld document(s), can be guaranteed to the victims families and the public when the intended body of Advocates in place of Megrahi's defence team is determined and vetted by the very ones who are raising the PII while refusing to disclose the document, is unclear.

BBC article here - http://news.bbc.co.uk/1/hi/scotland/south_of_scotland/7622223.stm

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Wednesday, May 28, 2008

Extraordinary Confidentiality Sought by UK Government

As expected, the UK government represented at the High Court in Edinburgh yesterday by the Advocate General, Lord Davidson, have proposed that discussions on the disclosure and relevance of documents relating to the appeal of convicted Lockerbie bomber Abdelbaset Ali Mohmed Al Megrahi, be conducted in private sessions. Lord Davidson also stated that this closed meeting would require a security vetted representative advocate replacing Megrahi's own defence team.

The extraordinary lengths the UK government is taking, and the proposals made during yesterday's court hearing, are unprecedented in Scottish law.

Megrahi's defence team are expected to issue their response on these matters today.

The Herald article - http://www.theherald.co.uk/news/news/display.var.2300548.0.Advocate_General_joins_calls_for_closed_hearing_in_Lockerbie_appeal_case.php

iafrica news - http://iafrica.com/news/worldnews/425091.htm

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Monday, March 10, 2008

No Justification

Dr Jim Swire has written to The Herald newspaper in Scotland regarding the Judges decision last week to uphold the right of the UK government to block the release of documents to convicted Lockerbie bomber Megrahi's defence team in his current appeal.

Mr Swire, as many other observers, finds no justification for this stance taken by the UK government.

Article Here - http://www.theherald.co.uk/features/letters/display.var.2105464.0.No_justification.php

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Friday, March 07, 2008

Non-Disclosure Upheld By Court.

Today the Appeal court in Edinburgh Scotland has ruled in favour of the UK government and the UK's Advocate General's intervention, including it's raising of the PII (Public Interest Immunity) on the matter of the withheld document(s) in the appeal of Mr Megrahi.

In short, the appeal court has ruled that the UK Advocate General, acting on behalf of the UK government, and it's claim of PII can take precedence over any decision taken by the Lord Advocate for Scotland, as they would have done, and would have instructed any Lord Advocate of Scotland to do on their behalf, before devolution in Scotland. The Scottish Lord Advocate had previously given no objection to the referred document being disclosed, which has now been viewed by the Crown Office, the UK government, the Dumfries and Galloway Police, the Scottish Lord Advocate herself and the Scottish Criminal Cases Review Commission, whom after viewing it determined it's non-disclosure and contents may have led to a miscarriage of justice in Megrahi's original trial.

The PII now claimed of a document (relating to other non-disclosed documents) from 1996, four years before the original trial began, after already being passed through numerous departments, is nothing more than a grotesque attempt by the UK government to suppress information of the case which clearly shows a deviation from the official facts as presented by the government and the investigators in the original trial.

David Milliband, the UK Secretary of State for Foreign and Commonwealth Affairs has stated :

"The documents were provided in confidence to the United Kingdom Government by another State. Disclosure of the documents would harm the United Kingdom's international relations with that State. It would undermine the trust in the United Kingdom of the State whose confidences were disclosed. It would reduce the willingness of that State (i) to confide information to the United Kingdom, (ii) to co-operate with the United Kingdom in various fields, including counter-terrorism liaison. It would raise serious questions in the minds of other Governments around the world about the confidentiality of their communications with the United Kingdom Government and therefore their willingness to make such a commitment."

Miss Scott, representing Mr Megrahi stated :

"The subject-matter of that plea is or concerns international relations, defence of the realm, national security and counter-terrorism all of which are reserved matters under and in terms of the Scotland Act 1998 and hence matters for the UK Government. The Crown has an interest in the consideration and disposal of that plea, namely to make submissions on whether the Crown is under a duty to disclose the documents for the purposes of the appeal and to make submissions about the procedures to be followed to enable the plea to be dealt with in a manner which does not violate the petitioner's right to a fair trial (including his appeal). The Crown cannot set out the basis for or detail of these submissions in these Answers without reference to the content of the documents and their relevance to other evidence in the case. Averments about these matters would undermine the Advocate General's plea. The two protectively marked documents were provided by a foreign authority to the UK Government in confidence. The related material comprises inter alia communications between UK Government Departments in connection with the two protectively marked documents and correspondence between Crown Office and Dumfries and Galloway Police."

The court, having now ruled in favour of the UK taking precedence over Scottish judicial matters, will now have to consider the PII claim in respect of the public interest, and that of National Security against that of the citizens right to a fair trial. A ruling on this matter will be made at a later date after further discussions.

Full appeal court ruling here - http://www.scotcourts.gov.uk/opinions/2008HCJAC15.html

Guardian Report here - http://www.guardian.co.uk/uk/2008/mar/07/lockerbie.uksecurity

BBC report here - http://news.bbc.co.uk/1/hi/scotland/south_of_scotland/7283139.stm

Prof. Robert Black's Blog - http://www.lockerbiecase.blogspot.com/

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Wednesday, February 20, 2008

Lockerbie Interference Claim

BBC report - http://news.bbc.co.uk/1/hi/scotland/south_of_scotland/7254822.stm

The Scotsman - http://thescotsman.scotsman.com/latestnews/Lockerbie-bomber-accuses-Westminster-of.3798092.jp

Today's third procedural hearing in the Appeal by Abdelbaset Ali Mohmed al Megrahi at the High Court in Edinburgh, continued with discussions on the matter of the foreign document which the Crown office, at the behest of the UK government at Westminster, have refused to disclose to the court, and more pertinently, to the defence lawyers representing Megrahi.

It would seem to the overwhelming consensus of independent and professional observers of the case, that, in order to fulfil a thorough appeal process and justice to be exhibited, the document must be disclosed. The Crown and the UK government are claiming a Public Interest Immunity (PII) in denying the document's disclosure and the foreign country from which the document originated do not want it's release. It is thought the document contains information relating to the timer device used in the bombing of Flight 103 over Lockerbie.

Is the Public Interest best served by seeing justice done for those who died at Lockerbie and in the court of law in the conviction of Megrahi, or best served in the court acceding to international politics and their efforts to preserve secret agreements and information?

How can there be a more important public interest than that, in our society, the defendant should have a fair trial and that documents which might assist him to establish his innocence should not be withheld from him?

The PII claim made by the UK government should not outweigh this right no matter what possible damage it may cause to government or relationships with foreign governments. Perhaps the only exception to this would be if documents not disclosed under a PII would, if disclosed, serve no purpose in showing a defendants guilt or innocence in a criminal case. However, after viewing by the SCCRC during their 4 year investigation, the document in question in this case clearly represents, or has significant information constituting a possible 'miscarriage of justice'. In order to show any proof of the defendant's innocence or avoid the possibility of miscarriage of justice, the balance must come down resoundingly in favour of disclosure.

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Friday, February 15, 2008

Transfer of Prisoners

Today's The Herald newspaper carries an editorial dealing with the implications of the Prisoner Transfer Agreement made between the UK government and Libya, and the consequences of it on Mr Megrahi's ongoing appeal. It would appear that if the Scottish Crown Prosecution team who have been withholding, at least one, pertinent document which casts doubt on the conviction of Megrahi, persist with their obfuscation and evasive tactics in the court, and the appeal process finally fails, Megrahi would be almost certain to be successful in an application for transfer under the agreement.

Yesterday's letter to The Herald newspaper by Jack Straw outlined his view that Scottish Ministers in the Scottish government would have final say on any possible transfer of Megrahi from Scotland back to Libya. However, Alex Salmond the Scottish First Minister has today in response claimed that in a secret letter sent just 4 days ago by Mr Straw he admitted that any decision made by Scottish Ministers could be overturned by a judicial court ruling.

It is clear that Libya, would not under any circumstances, have signed a recent agreement with BP plc (formerly British Petroleum) , and no doubt a number of other agreements which the British public are not privy to, had the assurance of Megrahi's transfer under the PTA not been made explicit by the British government.

It would seem the last hope of any kind of justice or truth for the families of those who died in 1988, lies firmly at the door of the Crown Office, and their disclosure to the court next week of the relevant documents that the Review Commission deemed last June so important that they considered it may constitute a 'miscarriage of justice'.

The Herald editorial here :
http://www.theherald.co.uk/features/editorial/display.var.2046488.0.Transfer_of_prisoners.php

Other articles :
The Herald :
http://www.theherald.co.uk/news/news/display.var.2046568.0.Clash_over_Jack_Straws_secret_letter_on_Megrahi.php

The Scotsman :http://thescotsman.scotsman.com/latestnews/Straw-Lockerbie-bomber39s-fate-may.3781347.jp

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Sunday, January 27, 2008

The Bombing of PanAm Flight 103 - Case Not Closed

by William Blum.

The newspapers were filled with pictures of happy relatives of the victims of the December 21, 1988 bombing of PanAm 103 over Lockerbie, Scotland. A Libyan, Abdelbaset Ali Mohmed al Megrahi,had been found guilty of the crime the day before, January 31,2001, by a Scottish court in the Hague, though his co-defendant,Al Amin Khalifa Fhimah, was acquitted. At long last there was going to be some kind of closure for the families.

But what was wrong with this picture?


What was wrong was that the evidence against Megrahi was thin to the point of transparency. Coming the month after the(s)election of George W. Bush, the Hague verdict could have been dubbed Supreme Court II, another instance of non-judicial factors fatally clouding judicial reasoning. The three Scottish judges could not have relished returning to the United Kingdom after finding both defendants innocent of the murder of 270 people,largely from the U.K. and the United States. Not to mention having to face dozens of hysterical victims' family members in the courtroom. The three judges also well knew the fervent desires of the White House and Downing Street as to the outcome. If both men had been acquitted, the United States and Great Britain would have had to answer for a decade of sanctions and ill will directed toward Libya.


One has to read the entire 26,000-word "Opinion of the Court", as well as being very familiar with the history of the case going back to 1988, to appreciate how questionable was the judges' verdict.

The key charge against Megrahi -- the sine qua non -- was that he placed explosives in a suitcase and tagged it so it would lead the following charmed life: 1)loaded aboard an Air Malta flight to Frankfurt without an accompanying passenger;2)transferred in Frankfurt to the PanAm 103A flight to London without an accompanying passenger; 3)transferred in London to the PanAm 103 flight to New York without an accompanying passenger.


To the magic bullet of the JFK assassination, can we now add the magic suitcase?


This scenario by itself would have been a major feat and so unlikely to succeed that any terrorist with any common sense would have found a better way. But aside from anything else, we have this -- as to the first step, loading the suitcase at Malta:there was no witness, no video, no document, no fingerprints,nothing to tie Megrahi to the particular brown Samsonite suitcase, no past history of terrorism, no forensic evidence of any kind linking him or Fhimah to such an act.


And the court admitted it: "The absence of any explanation of the method by which the primary suitcase might have been placed on board KM180 [Air Malta] is a major difficulty for the Crown case."{1}


Moreover, under security requirements in 1988, unaccompanied baggage was subjected to special X-ray examinations, plus --because of recent arrests in Germany -- the security personnel in Frankfurt were on the lookout specifically for a bomb secreted in a radio, which turned out to indeed be the method used with the PanAm 103 bomb.



Requiring some sort of direct and credible testimony linking Megrahi to the bombing, the Hague court placed great -- nay,paramount -- weight upon the supposed identification of the Libyan by a shopkeeper in Malta, as the purchaser of the clothing found in the bomb suitcase. But this shopkeeper had earlier identified several other people as the culprit, including one who was a CIA agent.{1a} When he finally identified Megrahi from a photo, it was after Megrahi's photo had been in the world news for years. The court acknowledged the possible danger inherentin such a verification: "These identifications were criticised inter alia on the ground that photographs of the accused have featured many times over the years in the media and accordingly purported identifications more than 10 years after the event are of little if any value."{2}



There were also major discrepancies between the shopkeeper's original description of the clothes-buyer and Megrahi's actual appearance. The shopkeeper told police that the customer was"six feet or more in height" and "was about 50 years of age."Megrahi was 5'8" tall and was 36 in 1988. The judges again acknowledged the weakness of their argument by conceding that the initial description "would not in a number of respects fit the first accused [Megrahi]" and that "it has to be accepted that there was a substantial discrepancy."{3}



Nevertheless, the judges went ahead and accepted the identification as accurate. Before the indictment of the two Libyans in Washington in November 1991, the press had reported police findings that the clothing had been purchased on November 23, 1988.{4}



But the indictment of Megrahi states that he made the purchase on December 7. Can this be because the investigators were able to document Megrahi being in Malta (where he worked for Libya Airlines) on that date but cannot do so for November 23?{5}



There is also this to be considered -- If the bomber needed some clothing to wrap up an ultra-secret bomb in a suitcase,would he go to a clothing store in the city where he planned to carry out his dastardly deed, where he knew he'd likely be remembered as an obvious foreigner, and buy brand new, easily traceable items? Would an intelligence officer -- which Megrahiwas alleged to be -- do this? Or even a common boob? Wouldn't it make more sense to use any old clothing, from anywhere? Furthermore, after the world was repeatedly assured that these items of clothing were sold only on Malta, it was learned that at least one of the items was actually "sold at dozens of outlets throughout Europe, and it was impossible to trace the purchaser."{6}



The "Opinion of the Court" placed considerable weight on the suspicious behavior of Megrahi prior to the fatal day, making much of his comings and goings abroad, phone calls to unknown parties for unknown reasons, the use of a pseudonym, etc.The three judges tried to squeeze as much mileage out of these events as they could, as if they had no better case to make.But if Megrahi was indeed a member of Libyan intelligence, we must consider that intelligence agents have been known to act in mysterious ways, for whatever assignment they're on. The court,however, had no idea what assignment, if any, Megrahi was working on.



There is much more that is known about the case that makes the court verdict and written opinion questionable, although credit must be given the court for its frankness about what it was doing, even while it was doing it. "We are aware that in relation to certain aspects of the case there are a number of uncertainties and qualifications," the judges wrote. "We arealso aware that there is a danger that by selecting parts of the evidence which seem to fit together and ignoring parts which might not fit, it is possible to read into a mass of conflicting evidence a pattern or conclusion which is not really justified."{7}



It is remarkable, given all that the judges conceded was questionable or uncertain in the trial -- not to mention all that was questionable or uncertain that they didn't concede -- that at the end of the day they could still declare to the world that"There is nothing in the evidence which leaves us with any reasonable doubt as to the guilt of [Megrahi]".{8}



The Guardian of London later wrote that two days before the verdict, "senior Foreign Office officials briefed a group of journalists in London. They painted a picture of a bright new chapter in Britain's relations with Colonel Gadafy's regime. They made it quite clear they assumed both the Libyans in the dock would be acquitted. The Foreign Office officials were not alone. Most independent observers believed it was impossible for the court to find the prosecution had proved its case against Megrahi beyond reasonable doubt."{9}



There is, moreover, an alternative scenario, laying the blame on Palestinians, Iran and Syria, which is much better documented and makes a lot more sense, logistically and otherwise. Indeed, this was the Original Official Version, delivered with Olympian rectitude by the U.S. government -- guaranteed,sworn to, scout's honor, case closed -- until the buildup to the Gulf War came along in 1990 and the support of Iran and Syria was needed.



Washington was anxious as well to achieve the release of American hostages held in Lebanon by groups close to Iran. Thus it was that the scurrying sound of backtracking became audible in the corridors of the White House. Suddenly -- or so it seemed -- in October 1990, there was aNew Official Version:



It was Libya -- the Arab state least supportive of the U.S. build-up to the Gulf War and the sanctions imposed against Iraq -- that was behind the bombing after all,declared Washington.



The two Libyans were formally indicted in the U.S. and Scotland on Nov. 14, 1991. "This was a Libyan government operation from start to finish," declared the State Department spokesman.{10}



"The Syrians took a bum rap on this," said President GeorgeH.W. Bush.{11}



Within the next 20 days, the remaining four American hostages were released along with the most prominent British hostage, Terry Waite.



The Original Official Version accused the PFLP-GC, a 1968breakaway from a component of the Palestine Liberation Organization, of making the bomb and somehow placing it aboard the flight in Frankfurt.



The PFLP-GC was led by Ahmed Jabril, one of the world's leading terrorists, and was headquartered in, financed by, and closely supported by, Syria. The bombing was allegedly done at the behest of Iran as revenge for the U.S. shooting down of an Iranian passenger plane over the Persian Gulf on July 3, 1988,which claimed 290 lives.



The support for this scenario was, and remains, impressive,as the following sample indicates: In April 1989, the FBI -- in response to criticism that it was bungling the investigation -- leaked to CBS the news that it had tentatively identified the person who unwittingly carried the bomb aboard.



His name was Khalid Jaafar, a 21-year-old Lebanese-American. The report said that the bomb had been planted in Jaafar's suitcase by a member of the PFLP-GC, whose name was not revealed.{12}



In May, the State Department stated that the CIA was"confident" of the Iran-Syria-PFLP-GC account of events.{13}



On Sept. 20, The Times of London reported that "security officials from Britain, the United States and West Germany are 'totally satisfied' that it was the PFLP-GC" behind the crime. In December 1989, Scottish investigators announced that theyhad "hard evidence" of the involvement of the PFLP-GC in the bombing.{14}



A National Security Agency electronic intercept disclosed that Ali Akbar Mohtashemi, Iranian interior minister, had paid Palestinian terrorists $10 million dollars to gain revenge for the downed Iranian airplane.(15)



The intercept appears to have occurred in July 1988, shortly after the downing of the Iranian plane. Israeli intelligence also intercepted a communication between Mohtashemi and the Iranian embassy in Beirut "indicating that Iran paid for the Lockerbie bombing."{16}



Even after the Libyans had been indicted, Israeli officials declared that their intelligence analysts remained convinced that the PFLP-GC bore primary responsibility for the bombing.{17}



In 1992, Abu Sharif, a political adviser to PLO chairman Yasser Arafat, stated that the PLO had compiled a secret report which concluded that the bombing of 103 was the work of a "MiddleEastern country" other than Libya.{18}



In February 1995, former Scottish Office minister, Alan Stewart, wrote to the British Foreign Secretary and the Lord Advocate, questioning the reliability of evidence which had led to the accusations against the two Libyans. This move, wrote The Guardian, reflected the concern of the Scottish legal profession,reaching into the Crown Office (Scotland's equivalent of the Attorney General's Office), that the bombing may not have been the work of Libya, but of Syrians, Palestinians and Iranians.{19}



We must also ask why Prime Minister Margaret Thatcher,writing in her 1993 memoirs about the US bombing of Libya in1986, with which Britain had cooperated, stated: "But the much vaunted Libyan counter-attack did not and could not take place. Gaddafy had not been destroyed but he had been humbled. There was a marked decline in Libyan-sponsored terrorism in succeeding years."{20}

A key question in the PFLP-GC version has always been: How did the bomb get aboard the plane in Frankfurt, or at some other point? One widely disseminated explanation was in a report, completed during the summer of 1989 and leaked in the fall, which had been prepared by a New York investigating firm called Interfor. Headed by a former Israeli intelligence agent, Juval Aviv, Interfor -- whose other clients included Fortune 500companies, the FBI, IRS and Secret Service{21} -- was hired by the law firm representing Pan Am's insurance carrier.

The Interfor Report said that in the mid-1980s, a drug and arms smuggling operation was set up in various European cities,with Frankfurt airport as the site of one of the drug routes. The Frankfurt operation was run by Manzer Al-Kassar, a Syrian,the same man from whom Oliver North's shadowy network purchased large quantities of arms for the contras. At the airport, according to the report, a courier would board a flight with checked luggage containing innocent items; after the luggage had passed all security checks, one or another accomplice Turkish baggage handler for PanAm would substitute an identical suitcase containing contraband; the passenger then picked up this suitcase upon arrival at the destination.

The only courier named by Interfor was Khalid Jaafar, who, as noted above, had been named by the FBI a few months earlier as the person who unwittingly carried the bomb aboard.

The Interfor report spins a web much too lengthy and complex to go into here. The short version is that the CIA in Germany discovered the airport drug operation and learned also that Kassar had the contacts to gain the release of American hostages in Lebanon. He had already done the same for French hostages. Thus it was, that the CIA and the German Bundeskriminalamt (BKA,Federal Criminal Office) allowed the drug operation to continue in hopes of effecting the release of American hostages. According to the report, this same smuggling ring and its method of switching suitcases at the Frankfurt airport were used to smuggle the fatal bomb aboard flight 103, under the eyes ofthe CIA and BKA.

In January 1990, Interfor gave three of the baggage handlers polygraphs and two of them were judged as being deceitful when denying any involvement in baggage switching. However, neither the U.S., UK or German investigators showed any interest in the results, or in questioning the baggage handlers. Instead, the polygrapher, James Keefe, was hauled before a Washington grand jury, and, as he puts it, "They were bent on destroying my credibility -- not theirs" [the baggage handlers].

To Interfor,the lack of interest in the polygraph results and the attempt at intimidation of Keefe was the strongest evidence of a cover-up by the various government authorities who did not want their permissive role in the baggage switching to be revealed.{22}

Critics claimed that the Interfor report had been inspired by PanAm's interest in proving that it was impossible for normal airline security to have prevented the loading of the bomb, thus removing the basis for accusing the airline of negligence.

The report was the principal reason PanAm's attorneys subpoenaed the FBI, CIA, DEA, State Department, National Security Council, and NSA, as well as, reportedly, the Defense Intelligence Agency and FAA, to turn over all documents relating to the crash of 103 or to a drug operation preceding the crash. The government moved to quash the subpoenas on grounds of"national security", and refused to turn over a single document in open court, although it gave some to a judge to view privately.

The judge later commented that he was "troubled about certain parts" of what he'd read, adding "I don't know quite what to do because I think some of the material may be significant."{23}

On October 30, 1990, NBC-TV News reported that "PanAm flights from Frankfurt, including 103, had been used a number of times by the DEA as part of its undercover operation to fly informants and suitcases of heroin into Detroit as part of a sting operation to catch dealers in Detroit."

The TV network reported that the DEA was looking into the possibility that a young man who lived in Michigan and regularly visited the Middle East may have unwittingly carried the bomb aboard flight 103. His name was Khalid Jaafar. "Unidentified law enforcement sources" were cited as saying that Jaafar had been a DEA informant and was involved in a drug-sting operation based out of Cyprus. The DEA was investigating whether the PFLP-GC had tricked Jaafar into carrying a suitcase containing the bomb instead of the drugs he usually carried.

The NBC report quoted an airline source as saying:"Informants would put [suit]cases of heroin on the PanAm flights apparently without the usual security checks, through an arrangement between the DEA and German authorities."{24}

These revelations were enough to inspire a congressional hearing, held in December, entitled, "Drug Enforcement Administration's Alleged Connection to the PanAm Flight 103Disaster".

The chairman of the committee, Cong. Robert Wise (Dem., W.VA.), began the hearing by lamenting the fact that the DEA and the Department of Justice had not made any of their field agentswho were most knowledgeable about flight 103 available to testify; that they had not provided requested written information, including the results of the DEA's investigation into the air disaster; and that "the FBI to this date has been totally uncooperative".

The two DEA officials who did testify admitted that theagency had, in fact, run "controlled drug deliveries" through Frankfurt airport with the cooperation of German authorities,using U.S. airlines, but insisted that no such operation had been conducted in December 1988. (The drug agency had said nothing of its sting operation to the President's Commission on Aviation Security and Terrorism which had held hearings in the first months of 1990 in response to the 103 bombing.)

The officials denied that the DEA had had any "association with Mr. Jaafar in any way, shape, or form." However, to questions concerning Jaafar's background, family, and his frequent trips to Lebanon, they asked to respond only in closed session. They made the same request in response to several other questions.{25}

NBC News had reported on October 30 that the DEA had toldlaw enforcement officers in Detroit not to talk to the mediaabout Jaafar.

The hearing ended after but one day, even though Wise hadpromised a "full-scale" investigation and indicated during thehearing that there would be more to come. What was said in theclosed sessions remains closed.{26}

One of the DEA officials who testified, Stephen Greene, had himself had a reservation on flight 103, but he canceled because of one or more of the several international warnings that had preceded the fateful day. He has described standing on theHeathrow tarmac, watching the doomed plane take off.{27} There have been many reports of heroin being found in the field around the crash, from "traces" to "a substantial quantity"found in a suitcase.{28} Two days after the NBC report, however,the New York Times quoted a "federal official" saying that "no hard drugs were aboard the aircraft."

In 1994, American filmmaker Allan Francovich completed adocumentary, "The Maltese Double Cross", which presents Jaafar asan unwitting bomb carrier with ties to the DEA and the CIA. Showings of the film in Britain were canceled under threat of lawsuits, venues burglarized or attacked by arsonists. When Channel4 agreed to show the film, the Scottish Crown Office and the U.S.Embassy in London sent press packs to the media, labeling thefilm "blatant propaganda" and attacking some of the film'sinterviewees, including Juval Aviv the head of Interfor.{29} Aviv paid a price for his report and his outspokenness.

Over a period of time, his New York office suffered a series ofbreak-ins, the FBI visited his clients, his polygrapher washarassed, as mentioned above, and a contrived commercial fraudcharge was brought against him. Even though Aviv eventually wascleared in court, it was a long, expensive, and painfulordeal.{30}

Francovich also stated that he had learned that five CIAoperatives had been sent to London and Cyprus to discredit thefilm while it was being made, that his office phones were tapped,that staff cars were sabotaged, and that one of his researchersnarrowly escaped an attempt to force his vehicle into the path ofan oncoming truck.{31}

Government officials examining the Lockerbie bombing went sofar as to ask the FBI to investigate the film. The Bureau laterissued a highly derogatory opinion of it.{32}

The film's detractors made much of the fact that the filmwas initially funded jointly by a UK company (two-thirds) and aLibyan government investment arm (one-third). Francovich saidthat he was fully aware of this and had taken pains to negotiatea guarantee of independence from any interference.

On April 17, 1997, Allan Francovich suddenly died of a heartattack at age 56, upon arrival at Houston Airport.{33} His film has had virtually no showings in the United States.

The DEA sting operation and Interfor's baggage-handler hypothesisboth predicate the bomb suitcase being placed aboard the plane inFrankfurt without going through the normal security checks. Ineither case, it eliminates the need for the questionabletriple-unaccompanied baggage scenario. With either scenario theclothing could still have been purchased in Malta, but in anyevent we don't need the Libyans for that.

Mohammed Abu Talb fits that and perhaps other pieces of thepuzzle. The Palestinian had close ties to PFLP-GC cells inGermany which were making Toshiba radio-cassette bombs, similar,if not identical, to what was used to bring down 103. In October1988, two months before Lockerbie, the German police raided thesecells, finding several such bombs. In May 1989, Talb wasarrested in Sweden, where he lived, and was later convicted oftaking part in several bombings of the offices of Americanairline companies in Scandinavia. In his Swedish flat, policefound large quantities of clothing made in Malta.

Police investigation of Talb disclosed that during October1988 he had been to Cyprus and Malta, at least once in thecompany of Hafez Dalkamoni, the leader of the German PFLP-GC, whowas arrested in the raid. The men met with PFLP-GC members wholived in Malta. Talb was also in Malta on November 23, which wasoriginally reported as the date of the clothing purchase beforethe indictment of the Libyans, as mentioned earlier.

After his arrest, Talb told investigators that betweenOctober and December 1988 he had retrieved and passed to anotherperson a bomb that had been hidden in a building used by thePFLP-GC in Germany. Officials declined to identify the person towhom Talb said he had passed the bomb. A month later, however,he recanted his confession.

Talb was reported to possess a brown Samsonite suitcase andto have circled December 21 in a diary seized in his Swedish flat. After the raid upon his flat, his wife was heard to telephonePalestinian friends and say: "Get rid of the clothes."

In December 1989, Scottish police, in papers filed withSwedish legal officials, made Talb the only publicly identifiedsuspect "in the murder or participation in the murder of 270people"; the Palestinian subsequently became another of theseveral individuals to be identified by the Maltese shopkeeperfrom a photo as the clothing purchaser.{34} Since that time, theworld has scarcely heard of Abu Talb, who was sentenced to lifein prison in Sweden, but never charged with anything to do with Lockerbie.

In Allan Francovich's film, members of Khalid Jaafar's family-- which long had ties to the drug trade in Lebanon's notoriousBekaa Valley -- are interviewed. In either halting English ortranslated Arabic, or paraphrased by the film's narrator, theydrop many bits of information, but which are difficult to puttogether into a coherent whole. Amongst the bits ... Khalid hadtold his parents that he'd met Talb in Sweden and had been givenMaltese clothing ... someone had given Khalid a tape recorder, orput one into his bag ... he was told to go to Germany to friendsof PFLP-GC leader Ahmed Jabril who would help him earn some money... he arrived in Germany with two kilos of heroin ... "He didn'tknow it was a bomb. They gave him the drugs to take to Germany. He didn't know. Who wants to die?" ...

It can not be stated with certainty what happened atFrankfurt airport on that fateful day, if, as seems most likely,that is the place where the bomb was placed into the system. Either Jaafar, the DEA courier, arrived with his suitcase ofheroin and bomb and was escorted through security by the properauthorities, or this was a day he was a courier for Manzeral-Kassar, and the baggage handlers did their usual switch. Or perhaps we'll never know for sure what happened.

On February 16, 1990, a group of British relatives of Lockerbie victims went to the American Embassy in London for a meeting with members of the President's Commission on Aviation Security and Terrorism. After the meeting, Britisher Martin Cadman was chatting with two of the commission members. He later reportedwhat one of them had said to him: "Your government and ourgovernment know exactly what happened at Lockerbie. But they are not going to tell you."{35}

Comments about the Hague Court verdict

"The judges nearly agreed with the defense. In their verdict, they tossed out much of the prosecution witnesses'evidence as false or questionable and said the prosecution had failed to prove crucial elements, including the route that thebomb suitcase took." -- New York Times analysis.{36} "It sure does look like they bent over backwards to find away to convict, and you have to assume the political context ofthe case influenced them." -- Michael Scharf, professor, NewEngland School of Law.{37}

"I thought this was a very, very weak circumstantial case. I am absolutely astounded, astonished. I was extremely reluctant to believe that any Scottish judge would convict anyone, even a Libyan, on the basis of such evidence." -- Robert Black, Scottish law professor who was the architect of the Hague trial.{38}

"A general pattern of the trial consisted in the fact thatvirtually all people presented by the prosecution as keywitnesses were proven to lack credibility to a very high extent,in certain cases even having openly lied to the court." "While the first accused was found 'guilty', the secondaccused was found 'not guilty'. ... This is totallyincomprehensible for any rational observer when one considersthat the indictment in its very essence was based on the jointaction of the two accused in Malta."

"As to the undersigned's knowledge, there is not a singlepiece of material evidence linking the two accused to the crime. In such a context, the guilty verdict in regard to the firstaccused appears to be arbitrary, even irrational. ... This leadsthe undersigned to the suspicion that political considerationsmay have been overriding a strictly judicial evaluation of thecase ... Regrettably, through the conduct of the Court,disservice has been done to the important cause of internationalcriminal justice." -- Hans Koechler, appointed as an international observer of the Lockerbie Trial by UN Secretary-General Kofi Annan.{39}

So, let's hope that Abdelbaset Ali Mohmed al Megrahi is really guilty. It would be a terrible shame if he spends the rest of his life in prison because back in 1990 Washington's hegemonicplans for the Middle East needed a convenient enemy, which just happened to be his country.

NOTES

1. "Opinion of the Court", Par. 39
1a. Mark Perry, Eclipse: The Last Days of the CIA (Wm. Morrow, New York, 1992), pp.342-7.
2. "Opinion of the Court", Par. 55
3. "Opinion of the Court", Par. 68
4. See, e.g., Sunday Times (London), Nov. 12, 1989, p.3.
5. For a detailed discussion of this issue see, "A Special Reportfrom Private Eye: Lockerbie the Flight from Justice", May/June2001, pp.20-22; Private Eye is a magazine published in London.
6. Sunday Times (London), December 17, 1989, p. 14. Malta is, infact, a major manufacturer of clothing sold throughout the world.
7. "Opinion of the Court", Par. 89
8. Ibid.
9. The Guardian (London), June 19, 2001
10. New York Times, Nov. 15, 1991
11. Los Angeles Times, Nov. 15, 1991
12. New York Times, April 13, 1989, p.9; David Johnston,Lockerbie: The Tragedy of Flight 103 (New York, 1989), pp.157,161-2.
13. Washington Post, May 11, 1989, p. 1
14. New York Times, December 16, 1989, p.3.
15. Department of the Air Force -- Air Intelligence Agencyintelligence summary report, March 4, 1991, released under a FOIA request made by lawyers for PanAm. Reports of the interceptappeared in the press long before the above document wasreleased; see, e.g., New York Times, Sept. 27, 1989, p.11;October 31, 1989, p.8; Sunday Times, October 29, 1989, p.4. Butit wasn't until Jan. 1995 that the exact text became widelypublicized and caused a storm in the UK, although ignored in theU.S.
16. The Times (London), September 20, 1989, p.1
17. New York Times, November 21, 1991, p. 14. It should be bornein mind, however, that Israel may have been influenced because ofits hostility toward the PFLP-GC.
18. Reuters dispatch, datelined Tunis, Feb. 26, 1992
19. The Guardian, Feb. 24, 1995, p.7
20. Margaret Thatcher, The Downing Street Years (New York, 1993),pp.448-9.
21. National Law Journal, Sept. 25, 1995, p.A11, from papersfiled in a New York court case.
22. Barron's (New York), December 17, 1990, pp.19, 22. A copy ofthe Interfor Report is in the author's possession, but he hasbeen unable to locate a complete copy of it on the Internet.
23. Barron's, op. cit., p. 18.
24. The Times (London), November 1, 1990, p.3; Washington Times,October 31, 1990, p.3
25. Government Information, Justice, and Agriculture Subcommitteeof the Committee on Government Operations, House ofRepresentatives, December 18, 1990, passim.
26. Ibid,
27. The film, "The Maltese Double Cross" (see below).
28. Sunday Times (London), April 16, 1989 (traces); Johnston, op.cit., p.79 (substantial). "The Maltese Double Cross" filmmentions other reports of drugs found, by a Scottish policemanand a mountain rescue man.
29. Financial Times (London), May 12, 1995, p.8 and article byJohn Ashton, leading 103 investigator, in The Mail on Sunday(London), June 9, 1996.
30. Ashton, op. cit.; Wall Street Journal, December 18, 1995,p.1, and December 18, 1996, p.B2 31. The Guardian (London), April 23, 1994, p.5
32. Sunday Times (London), May 7, 1995.
33. Francovich's former wife told the author that he had not hadany symptoms of a heart problem before. However, the author also spoke to Dr. Cyril Wecht, of JFK "conspiracy" fame, who performedan autopsy on Francovich. Wecht stated that he found no reason to suspect foul play.
34. Re: Abu Talb, all 1989: New York Times, Oct. 31, p.1, Dec. 1,p.12, Dec. 24, p.1; Sunday Times (London), Nov. 12, p.3, December5; The Times (London), Dec. 21, p.5. Also The Associated Press,July 11, 2000
35. Cadman in "The Maltese Double Cross". Also see The Guardian,July 29, 1995, p.27
36. New York Times, Feb. 2, 2001
37. Ibid.
38. Electronic Telegraph UK News, February 4, 2001
39. All quotations are from Koechler's report of February 3,2001, easily found on the Internet

Written by William Blum , author of: Killing Hope: US Military and CIA Interventions SinceWorld War II andRogue State: A Guide to the World's Only SuperpowerThis essay is a chapter in the book, Everything You Know Is Wrong,a sequel to the book You Are Being Lied To.

http://members.aol.com/bblum6/panam.htm

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