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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Saturday, November 08, 2008

Lockerbie Reflections

Oh East is East and West is West
And never the twain shall meet,
Till Earth and Sky stand presently
At God’s great Judgment Seat.

The Ballad of East and West
And the end of the fight is a tombstone white

With the name of the late deceased,
And the epitaph drear : “a Fool lies here
Who tried to hustle the East”.


Though I had landed at Teheran airport a few times, and helped administer FAO projects in Iran I did not have an opportunity to visit that great country. The nearest I got to the Iranian border was when travelling to the mountains south of Ashgabat in Turkmenistan.



I had known Iraninan students at workshops and seminars, and once met with diplomatic officers from the government of the late Shah. This was on a tour boat on Moscow river. Their monarch, Mohammed Resa Shah Pahlavi, was visiting the Soviet Premier at the time. His entourage of diplomats and aides exhibited culture, learning and sophistication, and made stimulating conversation with me during the afternoon river cruise.



The Shah ruled Iran from 1941 to 1979. He was briefly ousted in 1953 by the Prime Minister, Dr Mossadegh, but was reinstated with CIA help shortly after. I recall our press making a fool of Dr Mossadegh at the time because he wept in public.


The Shah then abolished the multi-party system and made the country a one-party state. He established and supervised a ruthless organisation, the SAVAK secret police. He was eventually deposed in 1979 despite having a powerful army and an immense arsenal of weapons, and control shifted from the monarchy to the ayatollahs.



There followed a period of difficult relations with the USA, and conflict with Iraq which the USA supported. In fact the United States had armed both of the belligerants in the Iran – Iraq war, and had turned a blind eye to illegal arms to Iran sales engineered by Colonel North. He and his boss, National Security Adviser John Poindexter, ignored the law and lied to Congress over dealings with Iran and support to Contras in Nicaragua. They destroyed evidence in the form of e-mail records but back-up tapes were recovered by the FBI and the Tower Commission.



A dreadful incident occurred on July 3 1988, when an Iranian air liner on a regular flight (IA 655) from Bander Abbas to Dubai, was shot down by a US cruiser, the Vicennes. It was an ordinary civilian flight which our project officers often took, although some of President Reagan’s apologists claimed otherwise. Ultimately the American government paid $ 61 million as an ex gratia compensation, but it never admitted any fault. Vice President George Bush (senior) stated at the time that he would “never apologise for the United States, no matter what the facts were”.



290 passengers and crew perished in the shooting down of the Airbus 300, including over 60 children and 38 non-Iranians. The Captain of the Vicennes, and his commanding officer were both decorated with Legion of Merit medals in 1990 for their part in the attack on the civilian airliner.



Some observers believe that the bombing of the Pan Am flight 103 over Lockerbie, Scotland, 5½ months later, on December 21, 1988, was a retaliation by Middle Eastern groups, for the shooting down of the Iranian flight IA 655, and that Libya had little to do with it. A telephone warning had been received on December 5th, stating that an American airliner flying from Frankfurt to the USA would be destroyed by a bomb in two weeks time. The caller stated that the bombing would be the work of the Abu Nidal organisation. The warning was distributed to airlines in Frankfurt, but was ignored by the Pan Am office.


President Bush appointed a President’s Commission on Aviation Security and Terrorism, PCAST, to review and report on aviation security in the light of the downing of PA 103. At a meeting with victims’ relatives in the U.S. Embassy in London on 12 February 1990, a PCAST member told relative Martin Cadman, “Your government and ours know exactly what happened. But they are never going to tell”. Veteran British Member of Parliament, Tam Dalyell, reminded the House of Commons of this statement on 11th July 1990, - a statement that he claimed had never been refuted.



Suspicions over the Pan Am bombing and the subsequent trial and conviction of a single Libyan for the crime, Abdel Besset Al Megrahi, have intensified since the discovery of a strange link with a fingerprint case in Scotland.



Policewoman Shirley McKie was accused by the SCRO (Scottish Criminal Records Office) of leaving a print at a murder scene in Glasgow in 1999 and was subsequently tried for perjury.



She was acquitted, and her father, a former police officer himself, pursued the matter doggedly. Fingerprint experts in England, the USA and Australia testified that the supposed print could not possibly have been hers, and some averred after seeing the subsequent copies, that the original print had been doctored to make it appear to belong to the officer in question.



There was puzzlement in Scotland over the Scottish Executive’s harassment of Miss McKie and its refusal to permit an independent public enquiry to take place. Then the Scotsman newspaper obtained copies of official documents that showed that the head of Police in Tayside who had looked into the matter, concluded that criminal charges should be brought to bear on some officers of the SCRO Scotland’s main fingerprint unit.


It was further disclosed that the Lord Advocate Colin Boyd, who had refused to mount a prosecution but who had decided instead to charge McKie with perjury was the official in charge of the Libyan Lockerbie bombing trial. It was also later revealed that the FBI had put considerable pressure on British and Scottish authorities to prevent any public enquiry into the McKie case, which might cast doubts on SCRO competence, and by implication, on the Lockerbie trial.



The father of one of the Pan Am flight victims, Dr Swire, wrote to the press pointing out some parallels between Solicitor General / Lord Advocate Boyd’s handling of both cases. Both the Lockerbie trial and the fingerprint case rested on slender evidence – in the one the charred remains of pieces of a supposed timer, and in the other a much-disputed fingerprint.



In neither case would Boyd allow anyone to view the original piece of evidence. In both cases the SCRO and related investigation offices were involved.


Some concluded that the United States was determined to obtain a conviction for the Lockerbie bombing, both to abate public outcry, and to direct attention away from the true story of the Pan Am bombing.



The real suspects of that bombing could have exposed the dealings of Colonel North, and the hypocrisy of the USA which had armed despots and Bin Laden-type Arabs. Any shadow of doubt thrown against the Scottish SCRO would automatically put the Lockerbie verdict in doubt.

Therefore, the Scottish Executive, including its First Minister and its Minister of Justice, absolutely refused to permit a public enquiry, and the now suspect Attorney General threw his weight behind their decision.



Colonel Oliver North, who was deeply involved in selling arms to Iran to finance Contra mercenaries in Central America, contrary to official US government policy. He went on to play a nefarious role in the Middle East, and may have been partly responsible for setting up Terry Waite for abduction by Arab militants, which may explain Waite’s public expression of forgiveness to North at a televised meeting.

Pan Am 103 / Lockerbie questions
The father of Flora Swire, one of the 270 innocent victims of the Pan Am bombing, Dr Jim Swire, and other concerned persons have raised numerous questions about the downing of flight Pan Am 103 and related incidents, in an endeavour to uncover the truth of the whole matter. They have met largely with a wall of official silence and non-response. One of their conclusions was that the Lockerbie trial failed several basic principles of justice and evidence. Among the many queries were concerns on the involvement of one Vincent Cannistraro who was put in charge of the CIA investigation but who was not required to appear as a witness.

Cannistraro was one of the leaders of the brutal CIA Nicaragua campaign, financed partly by the “arms for Iran” Contra scandal. He was also involved in secretly helping to arm Osama Bin Laden and the Taliban in the 1980’s but none of these matters were revealed at the trial. During 1986 – 88 he was responsible for White House disinformation and lies against Libya. During the Lockerbie investigation, his agents removed evidence illegally and reinserted at least one piece after it had been tampered with. The forensic scientists Lockerbie notebook contained a page recording the only fragment of bomb found at the scene. The page had been manually inserted, and all pages subsequently renumbered by hand.

The Maltese shopkeeper, Tony Gauci, who provided conflicting identification evidence, had been promised $ 4 million by the USA if Al Megrahi was convicted, but none of that was revealed at the trial. Palestinian terrorist Marwan Khreesat was employed by Ahmed Jibril, Jordanian intelligence and possibly also the CIA to make barometrically triggered bombs for Jibril’s group, targeting Pan Am flights. Why was one stolen just a day before Khreesat’s arrest ? Could it have been the fatal bomb on flight 103 ?

More alarmingly, the UK Government issued two telex warnings days before the bombing. One carried a picture of the Khreesat bomb with instructions to the airline that if such a device was found, it should be “consigned to the hold of the plane”.

Two days after the bombing, Iran admitted paying the Jibril group $ 11 million, and some months later, paying $ 0.5 million to Abu Talb. These allegations all point to the generally believed explanation of the destruction of the Pan Am flight, - that it was a pledged response to the downing of a civilian Iranian jet (flight IA 655 from Bandar Abbas to Dubai) by the USS Vicennes earlier that year, with the loss of 290 innocent passengers. (Though denied at the time, the Vicennes was later admitted to have been inside Iranian territorial waters, and firing on Iranian boats when it shot the airliner).

The US government never admitted liability, but under President Clinton, on 26 February 1966, it agreed to to pay an ex gratia sum of $ 61.8 million to Iran and the flight victims families.

The IA 655 shooting and its aftermath brought out some shameful propaganda and ‘spin’ by American politicians and reporters. Ronald Reagan claimed that the civilian jet was diving towards the U.S. Navy ship, and increasing speed. Larry King demanded to know from the Iranian Ambassador, “why a predominately business flight was carrying so many women and children” !!! This was rubbish. I knew the flight which my FAO colleagues often took.

Captain William C Rogers III of the guided missile cruiser, and his air warfare coordinator, Lt. Com. Lustig, were awarded the Legion of Merit medal by President George H W Bush in 1990, for “excellent meritorious conduct” on the day in question.

But back to Pan Am flight 103, -
Behind or around the Pan Am / Lockerbie crash, and other sinister events like the illegal sale of arms to Iran, the involvement of the CIA in the drug trade, the financing of brutal Contras in Nicaragua, and the abduction and imprisonment of Terry Waite, - lurks the shadow of one Colonel Oliver North. An Australian banker who studied the Lockerbie case in great detail claimed to me that though most American personnel were warned off flight 103, it contained some CIA agents en route the USA to testify against Oliver North over “arms for Iran” and other matters. But this belief and much of the information above has not been endorsed or admitted by U.S. or UK authorities.

http://www.electricscotland.com/thomson/reflections13.htm

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Wednesday, August 06, 2008

Another 20 Year Anniversary.

( A boy casts flowers into the Persian Gulf)
In the midst of the continuing appeal by the man convicted of the Lockerbie bombing and the approaching Pan Am 103 Lockerbie 20 year anniversary, there was another painful anniversary marked last month. July 3rd marked two decades since Iran Airbus 655, carrying 290 civilians was downed over the Persian Gulf by an American warship and relatives of those killed gathered at Bandar Abbas to commemorate them.


Many believe, contrary to the official line taken by the US and UK government's, that this particular event in July 1988 led directly to the attack on the Pan Am flight just before Christmas in1988.

The US, despite paying compsenation to the Iranian victims families, has never apoligised for the incident and in fact still to this day seems reluctant to show any remorse for the attack, wiping all recollection of the atrocity from memory.

In a daily press briefing on July 2, 2008, the following set of questions and answers took place between an unidentified reporter and Department of State Spokesman Sean McCormack:

QUESTION: Tomorrow marks the 20 years since the U.S. Navy warship Vincennes gunned down the IR655 civilian airliner, killing all 300 people on board, 71 of whom were children. And while the United States Government settled the incident in the International Court of Justice in 1996 at $61.1 million in compensation to the families, they, till this day, refuse to apologize –

MR. MCCORMACK: Mm-hmm.

QUESTION: – as requested by the Iranian Government. And actually, officials in the Iranian Government said today that they’re planning on a commemoration tomorrow and it would, you know, show a sign of diplomatic reconciliation if the United States apologized for this incident.

MR. MCCORMACK: Mm-hmm.

QUESTION: Do you think it sends a positive message if, on the 20th anniversary of this incident, the United States Government apologize?

MR. MCCORMACK: You know, to be honest with you, I’ll have to look back and see the history of what we have said about this – about the issue. I honestly don’t know. Look, nobody wants to see – everybody mourns innocent life lost. But in terms of our official U.S. Government response to it, I can’t – I have to confess to you, I don’t know the history of it. I’d be happy to post you an answer over to your question.


Some 300 relatives of victims as well as artists and officials sailed from the southern port city of Bandar Abbas to the spot where the Iran Air Airbus A300 crashed into the water on July 3, 1988, killing all on board.

The USS Vincennes shot down the airliner shortly after it took off from Bandar Abbas for Dubai in the United Arab Emirates. Washington said the Vincennes mistook the airliner for a hostile Iranian fighter jet. Iran maintains it was a deliberate attack.

In recent years, as tensions with the U.S. have increased, the anniversary has become an annual outpouring of anger at America, and it has drawn wider coverage in state media.

Participants shouted "Death to America" and "We condemn U.S. state terrorism" as helicopters showered flowers on the crash site.

"This crime will remain a disgraceful blot on the forehead of the United States (government). We are here today to say we will never forget the horrendous crime Americans committed against civilians," said Roya Teimourian, an Iranian actress.

The participants released 66 white pigeons into the air in remembrance of the 66 children killed in the attack. Relatives of the victims tossed flowers into the water while a navy band played the Iranian national anthem and the song "Death to America."

"How could a sophisticated warship like the USS Vincennes have mistaken a passenger plane for a fighter jet, which is two-thirds smaller?" said Mehdi Amini-Joz, who lost his father in the attack.

Ali Reza Tangsiri, a military official, said the incident was a deliberate attack.

"The airliner was increasing its altitude and was flying a commercial route. The Airbus has a general frequency which shows it is a nonmilitary plane. ... It was deliberately targeted by two missiles from the Vincennes," he said.

Iran has called for the commander of USS Vincennes at the time, William C. Rogers III, to be brought to trial. In 1990, then-U.S. President George H. W. Bush awarded Rogers the Legion of Merit for his service as a commanding officer.

Iran has said it received $130 million from a 1996 settlement that included compensation for families of the victims.

http://wiredispatch.com/news/?id=236378

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Friday, May 30, 2008

Lockerbie Document Identified?

Dr Ludwig De Braeckeleer on the OhMyNews website has wriiten an article in which he is confident that the document that is currently being debated as to it's disclosure to the defence lawyers representing Lockerbie bomber Mr Megrahi, originates from the testimony of Iranian defector Abolghasem Mesbahi who alleged that Tehran, not Tripoli, had ordered the bombing of Pan Am 103.

OhMyNews article - http://english.ohmynews.com/articleview/article_view.asp?at_code=434410&no=382678&rel_no=1

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Wednesday, May 28, 2008

Former Iranian President Blames Tehran for Lockerbie

This headline is taken from an article on today's 'Oh my news' website. In it, Ludwig De Braeckeleer writes extensively on the political, security and terrorist activities in the months leading up to the Lockerbie disaster in 1988.

He has conducted a personal interview with Abolhassan Bani-Sadr, the former president of the Islamic Republic of Iran, in which he states unequivocally, "that Tehran, not Libya, had ordered the bombing of Pan Am 103 in revenge for the downing of an Iranian civilian airliner by the USS Vincennes a few months earlier."

Ohmynews article here - http://english.ohmynews.com/articleview/article_view.asp?article_class=10&no=382662&rel_no=1

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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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Saturday, December 22, 2007

Libya May Escape Final Judgment in Pan-Am 103 Case

By Jeff Stein, CQ National Security Editor.

Libya is close to getting off the hook for millions of dollars in payments to relatives of the 189 Americans who died in the bombing of Pan American Flight 103, amid a stiff new challenge to the 2001 verdict and rapidly warming relations between the erstwhile terrorist state and Washington.

It was 19 years ago this weekend that the airliner, bound from London to New York with 259 passengers, 189 of them Americans, exploded in the night skies over Scotland, killing all aboard as well as 11 residents of Lockerbie, the village where the fiery chunks of steel and other debris came crashing down.

A memorial service was planned for Friday at Arlington National Cemetery to mark the anniversary.

Back in 1988, Iran was immediately suspected of authoring the mass murder, in retaliation for the accidental downing of one of its own airliners by a U.S. Navy warship in the Persian Gulf a few months earlier.

U.S. intelligence agencies, in overdrive to find the culprits, quickly compiled evidence that the Popular Front for the Liberation of Palestine-General Command, or PFLP-GC, had carried out the plot on behalf of Iran and Syria. (The PFLP-GC was formed to opposed PLO leader Yassir Arafat’s movement toward detente with Israel.)

Nevertheless, on Jan. 31, 2001, a panel of three Scottish judges found Abdel Basset al-Megrahi, officially the head of security for Libyan Airlines, guilty of carrying out the plot and sentenced him to life in jail. A Libyan co-defendant was set free.

Libya always denied any guilt in the crime, but agreed to compensate relatives of the dead to open the door for normal relations with the United States. It also agreed to compensate victims of the 1986 bombing of the LaBelle discotheque in West Berlin, a gathering place for U.S. soldiers. Libya also denied complicity in that attack, which killed three and wounded scores more, but likewise agreed on compensation payments.

Megrahi, now serving a life sentence in Scotland, could be freed soon, British authorities hinted on Thursday, as part of a broad normalization of relations with Libya.

Only a day earlier, the Bush administration managed to stave off a congressional effort, led by Sen. Frank R. Lautenberg , D-N.J., to deny it funds to build an embassy in Tripoli until Libya completed payments to the relatives of those who died on Pan Am 103.

While Lautenberg lost that battle, he and his allies in the House did manage to prohibit the administration from giving Libya any U.S. aid until the payments are completed.

‘A Gaping Hole’

The ranks of critics of the 2001 verdict have steadily grown through the years.
Among them is Hans Koehler, the eminent Austrian jurist who was appointed by the United Nations to ensure the trial was conducted fairly.

“It is highly likely that the sentenced Libyan national is not guilty as charged and that one or more countries other than Libya, through their intelligence services and/or financial and logistical support for a terrorist group, may have responsibility for the crime,” Koehler said in a formal statement this year.

Likewise, Robert Black, the senior University of Edinburgh legal scholar who devised the trial of the Lockerbie defendants in the Netherlands under Scottish law, noted that the prosecution never produced any direct evidence tying the defendants to the bomb that brought the plane down.

It was entirely “circumstantial,” he said, based on a single computer print-out of a baggage manifest, which was contradicted by other evidence. “A gaping hole in the prosecution’s case,” he called it.

But more sinister factors were at work in the investigation, Black and other authoritative sources close to the case told me.

Black told me that he suspected Libya was framed to avoid a case that would hold Iran and Syria responsible.

The first Bush administration needed Syria to stay in the broad Middle East coalition that it was readying to oust Iraq’s troops from Kuwait.

“I have been told by persons involved in the Lockerbie investigation at a very high level, that a public announcement of PFLP-GC responsibility for the bombing was imminent in early 1991,”

Black told me, confirming earlier U.K. press reports. “Then suddenly, and to the mystification and annoyance of many on the investigation team, the focus of the investigation changed to Libya.”

Robert Baer, the former CIA officer who was based in Paris at the time and tracking Iranian terrorist operations, agrees.

Baer told me the Scottish commission reviewing evidence in the case was able to confirm that Iran and Syria paid the PFLP-GC to carry out the bombing.

Indeed, Vincent Cannistraro, who headed the CIA’s investigation of the crash, was quoted several times in 1989 blaming Iran, and right after the 1991 verdict he said it “was outrageous to pin the whole thing on Libya.” (Oddly, last week he told me the evidence “always pointed to the Libyans.”)

But Baer says, “Everybody” in U.S. intelligence knew about “Iran’s intention to bomb an American airliner” in response to the downing of one of its own only months earlier.”

“We knew that,” Baer added. “We had that solid.”

The Defense Intelligence Agency also thought the Iranians paid the PFLP-GC to do it.
Patrick Lang, chief of the DIA’s Middle East section at the time, told me he “signed off” on the DIA’s conclusion that “The bombing of the Pan Am flight was conceived, authorized and financed by Ali-Akbar (Mohtashemi-Pur), the former Iranian minister of Interior.”

“The operation was contracted to Ahmad Jabril” [the head of the PFLP-GC] . . . for $1 million,” said the Sept. 24, 1989, memo, first reported last week in a London tabloid. “The remainder was to be paid after successful completion of the mission.”

Lang said on Friday, “I still agree with that. We felt quite sure that this was a PFLP thing.”
“The CIA wouldn’t listen to that,” Lang added, because it couldn’t find proof of Iranian or Syrian complicity and was under immense pressure to solve the case.

Just last week, a Scottish newspaper, citing “sources close to the investigation,” recently cited specific transactions that the SCCRC allegedly had uncovered, including amounts and dates.

“This doesn’t exonerate Libya,” Baer cautioned. “Iran and Syria and Libya could have been working together.”

Plenty of Theories

Conspiracy theories have grown like barnacles on the much-questioned verdict, including far-fetched allegations of Israeli and even South African involvement in the crime.

On the Internet, some bloggers see the hand of the White House in the growing evidence of Iranian complicity in the Pan Am bombing, suggesting that the administration is further laying the groundwork for an attack on Iran.

The available evidence, however, suggests that the administration is primarily interested in getting Western companies’ access to Libya’s oil fields.

A particularly persistent rumor is that key witnesses were paid off by American intelligence to finger the Libyans.

Edwin Bollier, head of the Swiss company that was said to have manufactured the timer used to detonate the Pan Am bomb, has claimed variously that he was offered “bribes” by the FBI and CIA to finger Libya.

Bollier’s company did in fact supply the circuit boards to Libya, he admitted, but also East Germany, where the PFLP-GC had an office.

Since Bollier had ongoing business with the Qaddafi regime, his veracity has often been questioned.

In response to my query, a CIA spokesman ridiculed Bollier’s accusations that it offered or paid him anything.

“It may disappoint the conspiracy buffs, but the CIA doesn’t belong in your story,” he said, insisting on anonymity.

An FBI official, speaking on condition of anonymity, confirmed, however, that the bureau met with Bollier in Washington in 1991, but denied he was offered anything to implicate Libya.
In a formal statement, FBI spokesman Richard Kolko emphatically rejected any suggestions of a payoff.

“Any accusations that any witness was paid to lie are complete fabrications and these ridiculous statements should be immediately discounted as the untruths they are,” Kolko said. “That is not the way the FBI operates.”

Likewise, allegations have persisted that Tony Gauci, a shopkeeper on Malta who testified, in spite of contrary evidence, that he sold Megrahi clothing that ended up in the suitcase bomb, was paid to finger the Libyans.

But Gauci was paid approximately $2 million from the State Department’s USA Rewards program, an authoritative source told me, along with another, still unidentified witness.

Together, they were paid somewhere between $3 million and $4 million for information leading to the conviction of Megrahi, the source said.

The State Department acknowledged to me that rewards were paid.

“A reward was paid out in the Lockerbie-Pan Am 103 case,” a spokesperson there said on condition of anonymity, “but due to operational and security concerns we are not disclosing details regarding specific amounts, sources, or types of assistance the sources provided.”

Freeing Megrahi

All this — and much more questionable evidence related to the electronic timers and witnesses — may soon be moot.

A British Ministry of Justice spokeswoman confirmed on Thursday that Foreign Minister Jack Straw had been in contact with Scotland’s justice minister, Kenny MacAskill, about a deal that would send Megrahi back to Libya.

Such a move could well make irrelevant a Scottish appeals court’s expected judgment that a “miscarriage of justice” occurred in the case.

Reopening the investigation to present evidence of an Iranian/Syrian connection to the Pan Am bombing would be extremely difficult if not impossible, in the view of all observers.

The commercial pressure against such a move would be extreme. Western oil companies are eager to develop Libya’s reserves.

How this will affect Libya’s stalled payments to relatives of the Lockerbie and LaBelle discotheque victims is unknown, but if past patterns hold true, they cannot be optimistic.

In July 2006, a lawyer for the LaBelle families was about to finalize a deal with Libya when the State Department announced its intention to take Libya off the terrorist list.

The deal evaporated, said attorney Thomas Fay.
“They had made an offer and we accepted and at their request had every client execute release of claims forms” he told me by e-mail late Friday.

“In short, we were not close to a deal, we had made the deal,” Fay said. “They just refused to pay when they came off the terrorist list.”

Jeff Stein can be reached at jstein@cq.com.

http://cqpolitics.com/wmspage.cfm?parm1=5&docID=hsnews-000002648396

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Al Kassar Appeal Rejected.

Spain's National Court rejects appeal by Syrian accused in U.S. of illegal arms deals.

MADRID, Spain (AP) - Spain's National Court on Thursday rejected a Syrian businessman's appeal against extradition to the United States where he is wanted on charges of plotting to supply weapons to Colombian rebels.

The court approved the extradition of Monzer al-Kassar in October but he appealed claiming the charges were of dubious legality, and the United States had racist and political motives in pursuing him.

Rejecting Al-Kassar's appeal, a panel of National Court judges said that he had been a known arms trafficker since the 1970s and had provided weapons to armed groups including Nicaragua, Brazil, Bosnia, Iran and Iraq.

"Some of these groups have been terrorist organizations ... whose aims have been to attack U.S properties and citizens," the panel ruled.

The final decision now lies with the Spanish governmentAccording to U.S. officials, undercover officers of the U.S. Drug Enforcement Agency arranged a fictitious deal with al-Kassar, convincing him they represented rebels of the Revolutionary Armed Forces of Colombia, or FARC.

They said they wanted to buy surface-to-air missile systems, rocket-propelled grenade launchers, thousands of machine guns and millions of rounds of ammunition for the group to take down U.S. helicopters aiding Colombia's battle against drug traffickers.

The U.S. indictment charges al-Kassar with conspiring to support terrorists, conspiring to kill U.S. soldiers, conspiring to acquire and use anti-aircraft missiles and money laundering.Al-Kassar, a longtime resident of Spain, stood trial in Spain in 1995 on charges of supplying assault rifles used by Palestinian militants in the hijacking of the Italian cruise ship Achille Lauro in 1985, in which one American was killed. He was acquitted for lack of evidence.

http://www.pr-inside.com/spain-s-national-court-rejects-appeal-by-r346931.htm

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Thursday, December 06, 2007

Abu Nidal Behind Lockerbie, Says Aide

From CNN, August 23, 2002.

CAIRO, Egypt -- A former close aide to Abu Nidal has alleged the fugitive Palestinian terrorist was behind the 1988 Lockerbie bombing.

In a series of interviews published in the Arabic Al Hayat newspaper, Atef Abu Bakr said Abu Nidal told a meeting his radical Fatah-Revolutionary Council was behind the explosion on Pan Am fight 103.

The claims come days after Abu Nidal was found dead in a hotel room in Iraq.
Abu Bakr is a former spokesman for the group and one of Abu Nidal's closest aides between 1985 and 1989 when he split with him over leadership of the organisation. Abu Bakr's whereabouts were not known.

"Abu Nidal told a... meeting of the Revolutionary Council leadership: I have very important and serious things to say. The reports that attribute Lockerbie to others are lies. We are behind it," Abu Bakr was quoted as saying in the interview to be published in the paper's Friday edition.
Abu Bakr did not say when the alleged meeting took place. The gathering was attended by five members of the council, including Abu Bakr and Abu Nidal.

'"If any one of you lets this out, I will kill him even if he was in his wife's arms,"' Abu Bakr quoting Abu Nidal as saying.
Ghassan Sharbal, al-Hayat's assistant editor who conducted the interview, said he spoke to Abu Bakr before Abu Nidal's death was announced this week. He refused to provide other details.
In March, a Scottish appeals court upheld the murder conviction of former Libyan intelligence agent Abdel Basset Ali al-Megrahi for multiple murder.

Al-Megrahi was jailed for life, with a minimum term of 20 years. A second Libyan, Lamen Khalifa Fhimah, was acquitted.

The Libyan was convicted of murdering the 270 people killed when the New York-bound Pan Am flight exploded over the Scottish town of Lockerbie on December 21, 1988.
Relatives of the Lockerbie victims renewed their calls for an independent inquiry into attack in light of Abu Bakr's remarks.

Jim Swire, a spokesman for families of British victims, said Nidal's possible involvement was "one more of the many questions which we feel absolutely demand an independent inquiry into Lockerbie."

British Labour MP Tam Dalyell is also calling for an inquiry into the possibility of a Nidal link to the Lockerbie bombing.

Dalyell, who has long argued that the Libyans were not responsible for the attack, said: "I understand that close associates of Nidal are now saying that he, and he alone, was responsible for Lockerbie.

"If these allegations are true they blow everything relating to Lockerbie out of the water, including the trial in Holland."

Earlier this week Iraqi secret services chief Taher Jalil Habbush told reporters that Nidal shot himself in the mouth as he was about to be arrested by Iraqi authorities for communicating with a foreign country.

Habbush said Nidal pulled out a revolver and shot himself after saying he wanted to change his clothes when Iraqi agents came to his Baghdad apartment to take him away.

Copyright 2002 CNN.

Abu Nidal - http://lexicorient.com/e.o/abu_nidal.htm

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Thursday, November 29, 2007

Inconvenient Truths by Hugh Miles

On 21 December 1988, Pan Am Flight 103 was 38 minutes into its journey when it was blown up at 31,000 feet. The explosion was so powerful that the nose of the aircraft was torn clean off. Within three seconds of the bomb detonating, the cockpit, fuselage and No. 3 engine were falling separately out of the sky. It happened so quickly that no distress call was sent out and no oxygen masks deployed. With the cockpit gone, the fuselage depressurised instantly and the passengers in the rear section of the aircraft found themselves staring out into the Scottish night air. Anyone or anything not strapped down was whipped out of the plane; the change in air pressure made the passengers’ lungs expand to four times their normal volume and everyone lost consciousness. As the fuselage plummeted and the air pressure began to return to normal, some passengers came round, including the captain. A few survived all the way down, until they hit the ground. Rescuers found them clutching crucifixes, or holding hands, still strapped into their seats.

The fuselage of the plane landed on a row of family houses in the small Scottish town of Lockerbie. The impact was so powerful that the British Geological Survey registered a seismic event measuring 1.6 on the Richter scale. The wing section of the Boeing 747, loaded with enough fuel for a transatlantic flight, hit the ground at more than 500 miles an hour and exploded in a fireball that lit the sky. The cockpit, with the first-class section still attached, landed beside a church in the village of Tundergarth.

Over the next few days rescuers made a fingertip search of the crash site: 243 passengers, 16 crew members and 11 people on the ground had been killed. Bodies and debris were strewn along an 81-mile corridor of Scottish countryside. Ten thousand pieces of debris were retrieved; each was meticulously logged. Among the items recovered were the remains of a Samsonite suitcase, which investigators later established had been used to transport the bomb. The suitcase had contained clothes, clothes that were subsequently traced to the shop of a Maltese man called Tony Gauci. Gauci later became a key prosecution witness. Fragments of a circuit board and a Toshiba radio were also recovered and identified as parts of the bomb.

Twelve years later, on 31 January 2001, a panel of three Scottish judges convicted a former Libyan intelligence officer for mass murder at Lockerbie. Abdelbaset Ali al-Megrahi was tried at a specially convened court on a former US air force base near the Dutch town of Zeist. Under a special international arrangement, the court, which sat without a jury, was temporarily declared sovereign territory of the United Kingdom, under the jurisdiction of Scottish law.

Megrahi is still the only person to have been found guilty in connection with the attack. He was sentenced to 27 years in jail. His co-accused, Al Amin Khalifa Fhimah, a fellow Libyan intelligence officer, was acquitted. Al-Megrahi was initially told that he would spend at least twenty years in prison, but the Crown, which was prosecuting, protested that this sentence was unduly lenient and petitioned the judges for a longer one. In 2003 the judges reconvened to rule that he must serve no less than 27 years before the parole board would consider his eligibility for release. Al-Megrahi’s defence team had already lodged an appeal against the conviction, but in March 2002 the guilty verdict was upheld.

From the outset the Lockerbie disaster has been marked by superlatives. The bombing was the deadliest terror attack on American civilians until 11 September 2001. It sparked Britain’s biggest ever criminal inquiry, led by its smallest police force, Dumfries and Galloway Constabulary. It spelled the end of Pan Am, which never recovered from the damage to its reputation. The trial at Camp Zeist was the longest and – at a cost of £75 million – the most expensive in Scottish legal history. The appeal hearing was the first Scottish trial to be broadcast live on both television and the internet.

Lawyers, politicians, diplomats and relatives of Lockerbie victims now believe that the former Libyan intelligence officer is innocent. Robert Black QC, an emeritus professor of Scottish law at Edinburgh University, was one of the architects of the original trial in Holland. He has closely followed developments since the disaster happened and in 2000 devised the non-jury trial system for the al-Megrahi case.

Even before the trial he was so sure the evidence against al-Megrahi would not stand up in court that he is on record as saying that a conviction would be impossible. When I asked how he feels about this remark now, Black replied: ‘I am still absolutely convinced that I am right. No reasonable tribunal, on the evidence heard at the original trial, should or could have convicted him and it is an absolute disgrace and outrage what the Scottish court did.’

Al-Megrahi lost his appeal in 2002, but under Scottish law he is entitled to a further legal review, to be conducted by the Scottish Criminal Cases Review Commission (SCCRC), an independent public body made up of senior police officers and lawyers. Its job is to re-examine cases where a miscarriage of justice may have occurred: it handles cases after the appeal process has been exhausted, and if it finds evidence that a miscarriage of justice may have taken place it refers the case to the High Court to be heard again. Al-Megrahi applied to the SCCRC for a review of his case in 2003 and the commission has been reinspecting evidence from the trial for the last four years. It will submit its findings at the end of June. It looks likely that the SCCRC will find that there is enough evidence to refer al-Megrahi’s case back to the appeal court. The Crown Office has already begun reinforcing its Lockerbie legal team in anticipation of a referral.

If al-Megrahi is granted a second appeal, it will, like the original trial, be held before a panel of Scottish judges, without a jury. This time the trial will take place in Scotland, and if the glacial pace of proceedings in the past is anything to go by, it will probably not be heard before the summer of 2008. Al-Megrahi’s defence team would be ready to launch an appeal in a matter of weeks, but the prosecution would be likely to delay the hearing for as long as possible. If an appeal takes place, al-Megrahi’s defence team will produce important evidence that was not available at the time of the first appeal, evidence that seems likely not only to exonerate al-Megrahi but to do so by pointing the finger of blame at the real perpetrators of the Lockerbie bombing and revealing some inconvenient truths.

Even the judge who presided over the Lockerbie investigation and issued the 1991 arrest warrants for the two Libyans has cast doubt on the prosecution’s case. In an interview with the Sunday Times in October 2005, Lord Fraser of Carmyllie, Scotland’s larger-than-life lord advocate from 1989 to 1992, questioned the reliability of the shopkeeper Tony Gauci, the prosecution’s star witness. ‘Gauci was not quite the full shilling. I think even his family would say [that he] was an apple short of a picnic. He was quite a tricky guy, I don’t think he was deliberately lying but if you asked him the same question three times he would just get irritated and refuse to answer.’ Lord Fraser made it clear that this did not mean he thought al-Megrahi was innocent. But he had presented Gauci as a reliable witness; he went on to become the heart of the prosecution’s case. Now he was casting doubt on the man who identified al-Megrahi.

Since al-Megrahi’s last appeal, many thousands of pages of reports, detailing freight and baggage movements in and out of Frankfurt airport, have been handed over to the defence. Largely in German and many handwritten, the papers were translated by the Crown at the taxpayer’s expense, but the Crown refused to share the translations with the defence and left it no time to commission its own. The Privy Council’s judicial committee, made up of law lords and senior judges, has declared that the Crown’s refusal to disclose this evidence is a breach of the European Convention on Human Rights. More damaging still, an unnamed senior British police officer – known to be a member of the Association of Chief Police Officers in Scotland (ACPOS), which implies that his rank is assistant chief constable or higher – has testfied to al-Megrahi’s defence team that crucial evidence at the trial was fabricated. If the SCCRC finds that the prosecution played foul, the Crown may decide it would be better not to continue with its case, allowing al-Megrahi to be freed immediately.

This anonymous senior officer’s testimony chimes with the well-trodden theory that the American government had a hand in fixing the trial. Hans Köchler, the UN observer at Camp Zeist, reported at the time that the trial was politically charged and the verdict ‘totally incomprehensible’.

In his report Köchler wrote that he found the presence of US Justice Department representatives in the court ‘highly problematic’, because it gave the impression that they were ‘“supervisors” handling vital matters of the prosecution strategy and deciding . . . which documents . . . were to be released in open court and what parts of information contained in a certain document were to be withheld.’ ‘The alternative theory of the defence,’ he went on, ‘was never seriously investigated. Amid shrouds of secrecy and national security considerations, that avenue was never seriously pursued – although it was officially declared as being of major importance for the defence case. This is totally incomprehensible to any rational observer.’ The prosecution, Köchler noted, dismissed evidence on the grounds that it was not relevant; but now that that evidence has finally – partially – been released, it turns out to be very relevant indeed: to the defence.

Whatever happens, al-Megrahi may not have to wait long. As soon as a further appeal is scheduled, he can make an application to be released from custody: the convicted Lockerbie bomber, who was supposed to serve no fewer than 27 years in a Scottish jail, might well be free this summer. Whether al-Megrahi is freed pending his appeal – and what conditions would be applied if he were – depends largely on whether his defence team can convince the judge that he is not a flight risk. This may be hard to do. The judge might decide that if he left the country, he might choose to stay in Libya rather than come back next year for another round in court. If al-Megrahi is exonerated, many tricky questions will resurface, not least what to do about the $2.7 billion compensation paid by Libya to the relatives of the victims of the bombing. And then, of course, there is the question of who really bombed Flight 103.

In the first three years following the bombing, before a shred of evidence had been produced to incriminate Libya, the Dumfries and Galloway police, the FBI and several other intelligence services around the world all shared the belief that the Lockerbie bombers belonged to the Popular Front for the Liberation of Palestine General Command (PFLP-GC), a Palestinian rejectionist organisation backed by Iran. The PFLP-GC is headed by Ahmed Jibril, a former Syrian army captain; its headquarters are in Damascus and it is closely allied with the Syrian president and other senior Syrian officials. In the 1970s and 1980s the PFLP-GC carried out a number of raids against Israel, including a novel hang-glider assault launched from inside Lebanon. Lawyers, intelligence services and diplomats around the world continue to suspect that Jibril – who has even boasted that he is responsible – was behind Lockerbie.

The case against Jibril and his gang is well established. It runs like this: in July 1988, five months before the Lockerbie bombing, a US naval commander aboard USS Vincennes in the Persian Gulf shot down an Iranian airbus, apparently mistaking it for an attacker. On board Iran Air Flight 655 were 270 pilgrims en route to Mecca. Ayatollah Khomeini vowed the skies would ‘rain blood’ in revenge and offered a $10 million reward to anyone who ‘obtained justice’ for Iran. The suggestion is that the PFLP-GC was commissioned to undertake a retaliatory bombing.

We know at least that two months before Lockerbie, a PFLP-GC cell was active in the Frankfurt and Neuss areas of West Germany. On 26 October 1998, German police arrested 17 terrorist suspects who, surveillance showed, had cased Frankfurt airport and browsed Pan Am flight timetables. Four Semtex-based explosive devices were confiscated; a fifth is known to have gone missing. They were concealed inside Toshiba radios very similar to the one found at Lockerbie a few weeks later. One of the gang, a Palestinian known as Abu Talb, was later found to have a calendar in his flat in Sweden with the date of 21 December circled. New evidence, now in the hands of al-Megrahi’s defence, proves for the first time that Abu Talb was in Malta when the Lockerbie bombing took place. The Maltese man whose testimony convicted al-Megrahi has also identified Abu Talb. During al-Megrahi’s trial Abu Talb had a strange role. As part of a defence available in Scottish law, known as ‘incrimination’, Abu Talb was named as someone who – rather than the accused – might have carried out the bombing. At the time he was serving a life sentence in Sweden for the bombing of a synagogue, but he was summoned to Camp Zeist to give evidence. He ended up testifying as a prosecution witness, denying that he had anything to do with Lockerbie. In exchange for his testimony, he received lifelong immunity from prosecution.
Other evidence has emerged showing that the bomb could have been placed on the plane at Frankfurt airport, a possibility that the prosecution in al-Megrahi’s trial consistently ruled out (their case depended on the suitcase containing the bomb having been transferred from a connecting flight from Malta). Most significantly, German federal police have provided financial records showing that on 23 December 1988, two days after the bombing, the Iranian government deposited £5.9 million into a Swiss bank account that belonged to the arrested members of the PFLP-GC.
The decision to steer the investigation away from the PFLP-GC and in the direction of Libya came in the run-up to the first Gulf War, as America was looking to rally a coalition to liberate Kuwait and was calling for support from Iran and Syria. Syria subsequently joined the UN forces. Quietly, the evidence incriminating Jibril, so painstakingly sifted from the debris, was binned.
Those who continued to press the case against the PFLP-GC seemed to fall foul of American law. When a New York corporate investigative company asked to look into the bombing on behalf of Pan Am found the PFLP-GC responsible, the federal government promptly indicted the company’s president, Juval Aviv, for mail fraud. Lester Coleman, a former Defense Intelligence Agency operative who was researching a book about the PFLP-GC and Lockerbie, was charged by the FBI with ‘falsely procuring a passport’. William Casey, a lobbyist who made similar allegations in 1995, found his bank accounts frozen and federal agents searching through his trash. Even so, documents leaked from the US Defense Intelligence Agency in 1995, two years after the Libyans were first identified as the prime suspects, still blamed the PFLP-GC.
Suspicions and conspiracy theories have swirled around Lockerbie from the beginning. Some of them are fairly outlandish. In Diplomatic Baggage: The Adventures of a Trailing Spouse (2005), Brigid Keenan, the wife of the British diplomat Alan Waddams, reported that over dinner in Gambia, a former Interpol agent told her and her husband that the bombing had been a revenge attack by Iran, in retaliation for the downed airliner (though she didn’t say how he knew this). The Interpol agent claimed the cargo had not been checked because the plane was carrying drugs as part of a deal over American hostages held by Hizbullah in Beirut. Militant groups were being allowed to smuggle heroin into the US in exchange for information; the bomb had gone on board when the PFLP-GC found a loophole in this drug-running operation.
At least four US intelligence officers, including the CIA’s deputy station chief in Beirut, were on the Flight 103 passenger list. In the days following the bombing, CIA agents scoured the Scottish countryside, some reportedly dressed in Pan Am overalls. Mary Boylan, then a constable with Lothian and Borders police, has said that senior police officers told her not to make an official record of the CIA badge she recovered from the wreckage, asking her instead to hand it over to a senior colleague. Her testimony, too, is now in the hands of the SCCRC. Jim Wilson, a farmer from the village of Tundergarth, reported shortly after the bombing that he had found in his field a suitcase packed with a powdery substance that looked ‘like drugs’. He last saw the suitcase when he handed it over to the police, he said; he was never asked about it again.

In December 1998, Susan Lindauer, a US congressional aide, submitted a sworn deposition to the court in which she claimed that Richard Fuisz, a CIA agent, had given her a guarantee that he knew who was behind the Lockerbie bombing. Lindauer’s affidavit describes a conversation in Fuisz’s ‘business office’ in Chantilly, Virginia, in which he said he knew for sure the perpetrators were based in Syria. ‘Dr Fuisz has told me that he can identify who orchestrated and executed the bombing. Dr Fuisz has said that he can confirm absolutely that no Libyan national was involved in planning or executing the bombing of Pan Am 103, either in any technical or advisory capacity whatsoever.’ ‘If the government would let me, I could identify the men behind this attack,’ Lindauer says Fuisz told her.

Lindauer has since been accused by the US government of being an Iraqi agent; her case is pending. But her earlier deposition has been submitted to the SCCRC. It can’t count for much, however, since Fuisz himself is not able to comment. In October 1994, a month after Lindauer spoke to him, Fuisz was gagged by a Washington court. The US government ruled that under state secrecy laws he faced ten years in prison if he spoke about the Lockerbie bombing. UN observers have since criticised this apparent restraint of a key witness.

When Libya handed al-Megrahi over for trial, sanctions on Libya authorised by the Security Council were suspended and diplomatic relations with Britain restored. Tony Blair claims the Libyan detente was one of his most important foreign policy victories, and last month, as the long shadow began to fall across his premiership, Blair swung by Tripoli to meet again with Libya’s leader. Gaddafi has always contested that al-Megrahi is not the Lockerbie bomber and that he should be allowed to return home. Maybe the two leaders touched on the prickly topic of what should be done about the compensation paid by Libya, in the event al-Megrahi is exonerated.

When al-Megrahi was handed over for trial, Libya declared that it would accept responsibility for his actions. But it never accepted guilt. This distinction was spelled out clearly in Libyan letters to the UN Security Council. In a BBC radio interview in 2004, the Libyan prime minister, Shukri Ghanem, underlined once again that compensation had been paid because this was the ‘price for peace’ and to secure the lifting of sanctions. When asked if Libya did not accept guilt, he said: ‘I agree with that.’

If the court that convicted al-Megrahi now reverses its decision, then Libya would clearly have a case for demanding its money back. Since recovering the compensation from the relatives would be unthinkable, it is more likely Libya would pursue those responsible for the miscarriage of justice. ‘What they might try to do,’ Black suggests, ‘is to recoup the money from the British and American governments, who after all are responsible for the initial farce and the wrongful conviction in the first place. They paid that money on the basis of a miscarriage of justice perpetrated by the British courts.’ Al-Megrahi’s acquittal on appeal would not ipso facto make a compelling case for Libya to have its money back: even if guilt can’t be proved beyond reasonable doubt – the test of the criminal burden of proof – it could still be shown that it was more likely than not (which is the burden applied to civil cases such as compensation cases).

If Libya paid the money for purely political reasons then, one could argue, it might have to live with that decision. When I asked the Foreign Office whether Britain would consider reimbursing Libya in the event of al-Megrahi’s exoneration, a spokesman declined to comment.

If al-Megrahi is acquitted, he will also have the right to sue for wrongful conviction. He could claim compensation to the tune of several tens of thousands of pounds. The Crown Office, which is headed by the Scottish lord advocate, is responsible for what happened, which means that al-Megrahi would sue the Scottish Executive. The lord advocate is now one of the ‘Scottish ministers’, whereas previously he – now she – was one of the law officers of the UK Government. The Scottish Executive might refuse to pay, blaming Westminster. Westminster, meanwhile, would argue that Lockerbie is and always has been a Crown Office matter and that the UK government has no say. A political storm is on its way, especially now that the SNP is in charge in Scotland.

Since the case against al-Megrahi was so weak, it is hard to understand how the judges who presided over the trial could have got it so wrong. Black has a view:
It has been suggested to me, very often by Libyans, that political pressure was placed upon the judges. I don’t think for a minute that political pressure of that nature was placed on the judges. What happened, I think, was that it was internal politics in Scotland. Prosecutions in Scotland are brought by the lord advocate. Until just a few years ago, one of the other functions of the lord advocate in Scotland was that he appointed all Scottish judges. I think what influenced these judges was that they thought that if both of the Libyans accused are found not guilty, this will be the most fiendish embarrassment to the lord advocate.

The appointment system for judges has changed since the trial, but another controversial aspect of the al-Megrahi case may also be re-examined: the policies on disclosure. Compared to almost any other similar criminal justice system, Scotland does not have a proper system of disclosure of information. In England and Wales, the Crown has to disclose all material to the defence, according to rules set out in statute. In Scotland the Crown is allowed to modify or withhold evidence if it considers that withholding is in the ‘public interest’. At least the Scottish criminal justice system doesn’t have the death penalty.

Hugh Miles has lived in Libya, Egypt and Yemen. He works in London.

http://www.lrb.co.uk/v29/n12/mile01_.html

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