Legal doubt over Megrahi's guilt

[This is the headline over an article by Jason Allardyce in today's edition of The Sunday Times. The following are excerpts.]

The legal body charged with assessing the guilt of the man convicted of the Lockerbie bombing concluded his conviction may be unsafe because it relied on evidence provided by a discredited witness who had been paid by American intelligence services.

A report by the Scottish Criminal Cases Review Commission (SCCRC), due to be published later this year, is said to suggest that the testimony of Abdul Majid Giaka, a paid informer for the Central Intelligence Agency (CIA) should have been discounted by judges at Abdelbaset Ali Mohmed al-Megrahi’s trial in the Hague in 2001. [Note by RB: This is a reference to the SCCRC's full 2007 report, only a brief summary of which has so far been published.]

Giaka testified that Megrahi was an agent for the Jamahiriya Security Organisation (JSO), the Libyan intelligence service. He claimed to have seen Megrahi carrying a suitcase containing the bomb used to blow up Pan Am Flight 103, which exploded over Lockerbie in December 1988 killing 270 people, and to have discussed the plot with him.

However, declassified documents released during the trial revealed that American intelligence officials doubted Giaka’s claims to be connected to the highest level of Libyan intelligence and threatened to stop paying him $1,000 (£612) a month unless he provided better information.

The informant claimed that he worked in the secret files section of the JSO, but he was a garage mechanic. Giaka’s credibility was further undermined when he claimed to be related to royalty and that the Libyan leader was a freemason.

The defence alleged Giaka had been paid £1.6m by the American government to help secure a guilty verdict against Megrahi and his co-accused Lameen Fhima.

The judges at Camp Zeist in The Hague discounted most of Giaka’s testimony on the grounds that his co-operation with the American authorities was “largely motivated by financial considerations”. However, they accepted his testimony that Megrahi was a member of the JSO, a suggestion the accused denied. (...)

While the commission’s concerns about the reliability of Tony Gauci, a key Crown witness at Megrahi’s trial, have been made public, its doubts about Giaka’s testimony were kept secret.

A source who has seen the SCCRC document, told The Sunday Times: “The report says there was no sufficient explanation made of why the court discounted him as a credible witness yet seemed to accept elements within his evidence which asserted that Megrahi was a senior member of the Libyan intelligence service and was involved in the wider conspiracy.

“There was no actual evidence to support that, but the court accepted it. It undermined [sic; presumably "underlined" or "supported" is what is meant] the Crown’s narrative of the offence — that Megrahi was acting on behalf of Libyan intelligence. That information came from Giaka and all his other evidence was utterly discredited — yet they accepted that element.” (...)

At the trial, Megrahi’s defence team denied their client was employed by the JSO and dismissed Giaka’s testimony as “pure fantasy”.

The SCCRC’s concerns about Giaka’s testimony are shared by Michael Scharf, who was the counsel to the US counterterrorism bureau when Megrahi and Fhima were indicted for the bombing. He believes that the case should never have gone to trial.

He claimed the CIA had assured State Department officials that Giaka was “the perfect witness” and there was an “airtight” case against Megrahi and Fhima, who was cleared. “This is a bit like the OJ Simpson case, where the prosecution, together with the US government, tried to sex up the case and tried to hide the flaws,” he said.

“Unfortunately, because Megrahi’s appeal is not going to go forward we’ll never really know the full story.”

The commission’s full report, expected to be published in redacted (edited) form within weeks, is said to conclude that the failure to disclose a document thought to pertain to the bomb’s timer device, may have led to a miscarriage of justice. The evidence belonged to an unnamed foreign country, which refused to hand the material over. The British government at the time claimed public interest immunity against disclosure.