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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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, 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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Thursday, February 14, 2008

Jack Straw Denies Deal For Megrahi


Today, the Lord Chancellor and Minister of Justice in the United Kingdom Government, Jack Straw (left), has written a letter to the Herald newspaper in Scotland denying any deal with the Libyan government to repatriate the man convicted of the Lockerbie bombing.


Responding to recent claims that Megrahi was a pivotal figure and perhaps the only consideration, in the Memorandum of Understanding (MoU) signed by ex-British Prime Minister Tony Blair and Libya's Col. Gaddafi in May 2007 regrading prisoner tranfers, Mr Straw has reiterated that Scottish ministers will have final say as to the fate of Mr Megrahi. Additionally, Mr Straw has also stated that any prisoner transfer will only be considered after "all outstanding legal proceedings in the sentencing state have been completed. "

He continued, "The agreement will not provide for the transfer of any specific individual but will put in place a framework under which a prisoner may seek a transfer to serve his sentence in his own country. The overriding principle of prisoner transfer arrangements is that a prisoner does not have any automatic right to transfer." The BBC is reporting however that Mr Megrahi will not apply for any transfer under the agreement.

Jack Straw Letter to The Herald : http://www.theherald.co.uk/features/letters/display.var.2042935.0.No_deal_done_with_Libya_over_alMegrahi.php

Herald Article:
http://www.theherald.co.uk/news/news/display.var.2042957.0.Scottish_ministers_will_have_final_say_over_fate_of_Lockerbie_bomber.php
BBC Article : http://news.bbc.co.uk/1/hi/scotland/7244033.stm

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Saturday, February 02, 2008

Assurance Call On Bomber Transfer.

The BBC is reporting today that the Scottish Government, led by Alex Salmond, is seeking assurance from the UK parliament at Westminster that Al-Megrahi will not be part of any exchange deal agreed between the UK and Libyan government.

Yesterday, reports surfaced in the Financial Times of London, that completion of a deal for BP to expand it's oil exploration program in Libya had been suspended until certain conditions had been agreed. Crucial to the BP agreement, it appears, was the transfer of Megrahi under the prisoner agreement made between former UK prime minister Tony Blair and Libya's Col. Gaddafi.

With Libya's recent and slow re-integration back into the International market, the French have already concluded a massive arms deal, and there are those who wish to exploit Libya's huge oil possibilities. For the US, and more specfically the UK, they hold the ace card in developing these opportunities with Libya further. His name is Abdelbaset Ali Mohmed Al Megrahi.

Once again, political and financial imperitives for the UK government are afforded far more importance than the rule of law, justice and truth.

Financial Times Article - http://www.ft.com/cms/s/0/703dc9e4-cfa0-11dc-854a-0000779fd2ac.html?nclick_check=1

BBC Article - http://news.bbc.co.uk/1/hi/scotland/7224194.stm

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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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Friday, December 21, 2007

Lockerbie -19th Anniversary.



Jim Swire's Letter to The Herald.

"International Criminal Court requires new powers to catch up with Terrorists."

This is the title of a letter published in The Herald on the 19th anniversary of the Lockerbie tragedy.

The Herald - http://tiny.cc/pyfvx
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Angiolini rapped over Lockerbie file.
By JOHN ROBERTSON
THE Lord Advocate, Elish Angiolini, was criticised by Scotland's senior judge yesterday over the appeal by the convicted Lockerbie bomber.

The spat between Mrs Angiolini, QC, and Lord Hamilton, the Lord Justice-General, centred on her failure to spell out clearly in written submissions her stance on the possible disclosure of confidential documents to lawyers for Abdelbaset Ali Mohmed al-Megrahi, 55, the Libyan serving a life sentence for the 1988 bombing.
Earlier this year, Megrahi's case was referred to the appeal court by the Scottish Criminal Cases Review Commission, which concluded he may have suffered a miscarriage of justice in being convicted of the murders of the 270 people who died when Pan Am flight 103 was blown up over Lockerbie.
Published Date: 21 December 2007
Source: The Scotsman
Location: Scotland
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Judge raps law chiefs for delays to Lockerbie document.
By Lucy Adams
The Herald article - http://tiny.cc/uN2UB
21/12/07

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Saturday, December 15, 2007

Three Lords A Leaping.....To Conclusions.

Left to right, Lords Coulsfield, Sutherland and MacLean.

It deals only in passing with the defence submissions that the PLFP-Autumn Leaves gang may have been responsible for Lockerbie.

"We accept that there is a great deal of suspicion as to the actings of Abu Talb and his circle, but there is no evidence to indicate they had either the means or intention to destroy a civil aircraft in December 1988". (para 81)

No means, that is, beyond working with a bomb-maker (Khreesat) who specialised in disguising explosive devices in cassette recorders so they could be smuggled onto aircraft. No intention except visits to airports and the studying and hoarding of aircraft schedules, including those of Pan Am.

Where did the bomb suitcase first get on the plane? The judges worked their way carefully through the theory that a bomb suitcase was introduced at Luqa airport. The tight security arrangements at Luqa Airport, they conceded, "seem to make it extremely difficult for an unaccompanied and unidentified bag to be shipped on a flight out of Luqa."

After discussing the evidence of Maltese airport officials that it was impossible or highly unlikely that a bag could be introduced undetected at the check-in desks or in the baggage area or by approaching the loaders", the judges concluded : "If therefore the unaccompanied bag was launched from Luqa, the method by which that was done, is not established by the Crown. The absence of any explanation of the method by which the primary suitcase might have been placed on board KM180 is a major difficulty for the Crown case." (38)

There was no evidence that an unaccompanied bag went on the plane at Malta - but lo and behold there was, as far as the judges were concerned, plenty of evidence that a bag arrived from Malta at Frankfurt. The judges sailed happily past the defence objections to the accuracy of the documents in this matter.

There was, they agreed, some evidence that the suspect bag might have come from a flight from Damascus, and the records did suggest that an unaccompanied bag from Warsaw may have been coded in the system taking it to Pan Am 103A.
There may have been discrepancies in the times and numbers of bags arriving at the relevant coding stations, but some of these could be accounted for by figures relating to other flights and "the remaining discrepancy might be accounted for as late arrival luggage which, according to some of the evidence, might not go through the automated system."

What about the x-ray system at Frankfurt? Would that not have caught the Toshiba bomb, especially after the evidence of Kurt Maier, the x-ray operator, a careful and conscientious worker who had worked out a drill for spotting electronic equipment containing bombs? The judges thought not : "Mr Maier's description of what he looked for does not suggest that he would necessarily have claimed to be able to detect explosives hidden in a radio cassette player" (34). (Note the use of that useful word "necessarily")

All in all, the conclusion was emphatic : "None of the points made by the defence seems to us to cast doubt on the inference from the documents and other evidence that an unaccompanied bag from KM180 was transferred to and loaded onto PA 103A" (35).

What of the case, so carefully presented, by Mr Taylor that the bomb may have gone onto a plane for the first time at Heathrow, London?

The judges recited the evidence of the loader John Bedford, given to Police so soon after the bombing, that, after coming back from a tea-break, he discovered a "maroony brown Samsonite" case in the luggage container in which the explosion later occurred. He had not put it there himself. He said his colleague Sulkash Kamboj told him he had put the case there - but Kamboj denied it.

The judges fought their way through this contradiction by believing Bedford instead of Kamboj. But how did they deal with the powerful argument that a brown Samsonite case, of the type in which the explosion actually occurred, was put on the plane at Heathrow in a position extremely close to the place where the bomb eventually went off?
This, they reckoned, would have required re-arrangement of the luggage before it was finally loaded. "But if there was such a re-arrangement", they said, "the suitcase described by Mr Bedford might have been placed in some remote corner of the container." Note again the judicial "might" to provide an explanation for which there is no evidence at all.

True, the Samsonite case might have come from Malta via Frankfurt Airport. There is however, no evidence of a Samsonite at either place. But there was evidence of a Samsonite going in curious circumstances onto Pan Am 103 at Heathrow.

Finally, what had the Judges to say about the amazing coincidence that a bomb of the type normally made by the PFLP-GC would have been set of by an ice-cube timer, which would have exploded some 38 minutes after take off - and the bomb went off over Lockerbie exactly 38 minutes after take off? So impressed were the Judges by this coincidence that they did not refer to it at all.

They concluded that the Lockerbie bomb was not set off by an ice-cube timer, but by an MST-13 timer. The evidence for this came from the forensic scientists, Allen Fereday, Thomas Hayes and FBI's Thomas Thurman. In June 1990 a posse of Scottish detectives had been over to Washington to test Mr Thurmans theory that a fragment found from the Lockerbie debris looked like a circuit board of an MST-13.

The Judges noted the various difficulties that had arisen in the finding of the fragment. The overwriting of its label by DC Gilchrist was inexplicable. The policeman's explanation to the court, said the Judges, was "at worst evasive and at best confusing" (13). They noted, too, the re-pagination of notes by Dr Hayes from the moment he started to deal with the fragment, but dismissed this as "of no materiality".
Not material either, apparently, was the second four month delay until Mr Fereday sent the fragment to the Scottish Police. None of these things worried the judges.
"While it is unfortunate," they concluded, "that this particular item which turned out to be of major significance to this enquiry despite it's minuscule size may not initially have been given the same meticulous treatment as most other items, we are nevertheless satisfied that the fragment was extracted by Dr Hayes in May 1989 from the remnant of the Slalom shirt found by DC Gilchrist and DC McColm."

The fragment led to the MST-13 which led to Edwin Bollier, whom the Judges found a most unsatisfactory witness, prone at best to glaring contradictions and at worst delusions, fantasy and lies. Nevertheless the Judges concluded, Bollier had sold timers to the Libyan Military, had tested some of them in the Libyan desert, and had gone to Libya to sell the MST-13 timerS shortly before the Lockerbie bombing.
Mr Bollier, they noted, had also had business dealings with Abdelbasset Megrahi, the first accused, and had rented his firm an office in Zurich - though there was no evidence that he had met Megrahi on his visit to Libya in December 1988, still less that he had conveyed a timer to Megrahi there.
The Judges also conceded that Bollier had sold MST-13 timers to the former East German secret police (the Stasi), but concluded, nevertheless, that the Lockerbie bombing was of "Libyan origin".

The three main witnesses in the trial, the Judges concluded, were the grass Giaka, whose evidence they discounted, Bollier the timer salesman, most of whose evidence they discounted, and the only witness they found reliable, Tony Gauci, the Maltese shopkeeper.

Despite the dramatic shifts in Mr Gauci's identification of the man who bought the clothes that ended up in the bomb suitcase, the Judges responded warmly to him. They did not see anything significant in thefact that his first identification of Megrahi as the clothes buyer was in February 1991, more than two years after the bombing - during which time he had seen scores of police photographs and part-identified two Palestinians.

The Judges conceded that the difference between Gauci's original description of the man as six feet tall and 50 years of age and Megrahi's actual height and age (five feet eight inches, and 37 years of age) was "a substantial discrepancy" (68). But Gauci's indentification, they concluded, "entirely reliable".
In what must have been a novel interpretation of Scottish Law, they went further. "There are situations", they said, "where a careful witness who will not commit himself beyond saying that there is a close resemblance, can be regarded as more reliable and convincing in his identification than a witness who maintains that his identification is 100 per cent certain" (69).
On what date where the clothes bought from Mr Gauci's shop?
There was much more relaible evidence than that of Mr Gauci. From the outset, he told his
interrogators that it was raining on the day of the sale: that the man who bought the clothes noticed it was raining, and had bought an umbrella.

As he left the shop, he opened the umbrella, and walked down the road to pick-up a taxi. The question of the incidence of rain on various dates at Sliema preoccupied the trial for many hours.
To start with, there was no doubt, and it was not denied, that there was light rain in Sliema on the evening of Wednesday 23 November 1988. Major Mifsud, chief meteorologist ffrom Luqa Airport, told the court, "0.6 millimetres of rain is not that much so the cloud would not have been that thick, but it did give some rain, yes."
So the early recollection of Paul Gauci (Tony's brother and co-owner of the shop, Mary's House), and the evidence about the rain both pointed to 23 November as the day the clothes were bought, and this explained the early media reports, especially the Sunday Times, that the clothes were bought on the 23 November. No doubt this fitted nicely with the Police view that the main suspect, the man who bought the clothes, Abu Talb, was in Malta in late November, but not later.

But this evidence was no use at all to the prosecution of Megrahi, who was certainly not in Malta on 23 November. Was there any other day he was in Malta and could have bought the clothes?
Yes, he was staying in the Holiday Inn in Sliema on 7 December 1988. So the thrust of the prosecution inquiries about the sale of the clothes shifted from the 23 November to 7 December.
But, was it raining on 7 December?
At first glance, it wasn't. The police records for rainfall in Sliema on the 7 December showed a complete blank. The prosecution claimed that this was not decisive since the blank referred to the period from noon on the previous day (6 december) to noon on the 7th.
So it could still have been raining at the time the clothes were sold - at about 6.30pm on the 7th.
But was it?
The witness from Luqa, Major Mifsud, who gave evidence on 5 December 2000 was asked :
Q. Just confirm with me, please, apart from the trace of rain that we discussed that fell or was measured at 9.00am on Wednesday 7December, did any rain fall at Luqa?
A. No, no rain was recorded. No, no rain was recorded.
Q. Up to midnight?
A. Up to midnight.
Mr Mifsud estimated that Luqa is "about 5 kilometres as the crow flies from Sliema". Asked specifically about the 7 December between 6.00pm and 7.00pm, he stated, "We had no rain all right between 6 and 7 at Luqa, but I cannot exclude the possibility that there could have been a drop of rain here and there".
Later he was even more specific, "If you ask for a percentage, if I have to talk about percentage probability, I would say that 90 per cent that there was no rain, and the possibility of a few drops of rain 10 per cent." The "few drops" rather reluctantly conceded, would not be enough to wet the ground.

The records and expert evidence, therefore, were not absolutely conclusive on this important point, but most of them pointed embarrassingly away from the 7 December as to the date the clothes were bought.

"There is no doubt", said the Judges, "that the weather on 23 November would be wholly consistent with a light shower between 6.30pm and 7.00pm. While Major Mifsud's evidence was clear about the position at Luqa, he did not rule out the possibility of a light shower in Sliema.
Mr Gauci's recollection of the weather was that 'it started dripping - not raining heavily', or that there was at least a 'drizzle' and it only appeared to last for the time that the purchaser was away from the shop to get a taxi."

Then there was the conclusion. "Having carefully considered all the factors relating to this aspect we have reached the conclusion that the date of purchase was Wednesday December 7."

Among the factors not very carefully considered was that Major Mifsud had estimated the chances of rain at most at 10 per cent and that there was no rain at Luqa five kilometres away. Perhaps the factor most carefully considered was not meteorological at all - that Megrahi was not even in Malta on 23 November and therefore could not have bought the clothes on that date.

The conclusions followed swiftly.

Megrahi, though he was nothing like six feet and nowhere near fifty years old, had bought clothes and an umbrella to protect him from rain on a day it was most probably not raining. He was a business associate of Bollier, and had never bought any timers from him. There was no evidence at all that he had made the bomb, packed it in a case and put it on a plane at Malta, but he obviously had.

Paragraph 86 of the judgement starts: "We now turn to the case against the first accused", and quickly makes it clear that any evidence against the second accused, Fhimah, cannot apply to the first. There were then four paragraphs left.

The first starts with the observation that on the 15 June 1987, eighteen months before Lockerbie, Megrahi was issued with a false passport, which had been used on visits to Nigeria, Ethiopia, Saudi Arabia and Cyprus.

Paragraph 88 of the Judgement deals with the identification of Megrahi by Tony Gauci.
"While recognising that this is not an unequivocal identification....it could be inferred that the first accused was the one who bought the clothing which surrounded the explosive device."
Naturally, "if he was the purchaser of this miscellaneous collection of garments, it is not difficult to infer that he too must have been aware of the purpose for which they were being bought".
Add this to the fact that he was "involved with Mr Bollier, albeit not specifically in connection with the MST timers" and had been in Malta on the 20th and 21st December 1988, and "it is possible to infer that this visit under a false name the night before the explosive device was planted at Luqa, followed by his departure for Tripoli the following morning at or about the time the device must have been planted, was a visit connected with the planting of the device."
That paragraph also contained a sound explanation as to why Megrahi had had a false passport: "he was a member of the JSO (Libyan Intelligence) occupying posts of fairly high rank."
Paragraph 89 opened with a curious disclaimer. "We are aware that in relation to certain aspects of the case there are a number of uncertainties and qualifications. We are also aware that there is a danger that by selecting parts of the evidence which seems 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."

Quickly abandoning their own precautions about these matters, the Judges concluded, unanimously, that the case against Megrahi "does fit into a real and convincing pattern. There is nothing in the evidence which leaves us with any reasonable doubt as to the guilt of the first accused and accordingly we find him guilty."

There was, however, nothing remotely real or convincing (let alone any kind of pattern) in the case against Megrahi.

There was no evidence the bomb went on at Malta, still less that Megrahi put it there. All the other evidence against him - including the theory that the Lockerbie bomb was set off by an MST-13 timer, the vague nature of the Gauci identification over a period of ten years and the date the clothes were bought - were plagued by precisely the "uncertainties and qualifications" mentioned by the Judges.

The Judges, moreover, under Scottish law had the option of finding the case against Megrahi "not proven" - though in truth the only proper verdict was "not guilty."

In these circumstances the judgement and the verdict against Megrahi was perverse. The Judges brought shame and disgrace to all those who believed in Scottish Justice, and have added to Scottish law an injustice of the type which has often defaced the law in England. The verdict was a triumph for the CIA, but it did nothing to satisfy the demands of some of the families of those who died at Lockerbie - who still want to know how and why their loved ones were murdered.

In February 1990, a group of British relatives went to the American embassy in London for a meeting with seven members of the President's Commission on aviation security and terrorism. Martin Cadman remembers: "After we'd had our say, the meeting broke up and we moved towards the door. As we got there, I found myself talking to two members of the Commission - I think they were senetors. One of them said: 'Your government and our government know exactly what happened at Lockerbie. But they are not going to tell you'."

Nearly eleven years later, after a prolific waste of many millions of pounds and words, that is still the position.

(C) Paul Foot / Private Eye

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Thursday, December 06, 2007

Chronical Telegram 22 December 1988

http://tiny.cc/7Snx8 - pdf file.

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Monday, October 29, 2007

People & Power - Lockerbie Bombing Probe.

The programme People & Power look into the findings of the Scottish Criminal Cases Review Commission on the conviction of Abdelbaset Ali Mohmed Al Megrahi of the Pan Am 103 bombing over Lockerbie.

Part 1 -


Part 2 -

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