Saturday 3 October 2009

Revealed: Scots link in $3m Lockerbie pay-out

[This is the headline over an article by Lucy Adams in today's edition of The Herald on the materials published yesterday on Abdelbaset Megrahi's website. It reads in part:]

Scottish police officers took an active role in seeking a $3m-plus reward for a key witness in the Lockerbie bombing trial and his brother, previously secret papers revealed yesterday.

The documents, which were never disclosed to defence lawyers working for Abdelbaset Ali Mohmed al Megrahi, also point to another potentially important eye witness whose evidence was never followed up by detectives.

Those revelations, published on Megrahi’s website, further undermine the credibility of Tony Gauci, the Crown’s main witness at Camp Zeist. (...)

It will fuel fears of a miscarriage of justice, and strengthen calls for an independent inquiry into Lockerbie.

A four-year investigation by the Scottish Criminal Cases Review Commission (SCCRC) found a number of documents which had not been shown to the defence. The non-disclosure would have been a key plank of Megrahi’s appeal, which he abandoned shortly before his release from Greenock Prison in August. (...)

The papers reveal that Tony Gauci received more than $2m after the trial and Paul, who never testified at Camp Zeist but “exercised considerable control over his brother”, received more than $1m. The family previously had financial problems.

Megrahi’s website summary [RB: I can find no trace of this summary on the website] states: “Tony Gauci and Paul Gauci had both expressed an interest in financial reward prior to giving evidence at trial. None of the documents in which references to the brothers’ financial interest or to the FBI offers of reward was disclosed and no mention of this was made to the defence. Many of the references . . . were in diaries kept by police officers. Parts of the diaries were missing and, most unusually, no police notebooks were kept. Letters written by the Scottish police to the US Department of Justice applying for a reward on behalf of the Gauci brothers were also recovered.”

Another section suggests Megrahi might not have bought clothes later found next to the suitcase carrying the Lockerbie bomb. A new witness called David Wright claims to have seen other men buying them in Tony Gauci’s shop in Malta.

In November 1989, Mr Wright called Dumfries and Galloway Police to say he had been in Mr Gauci’s shop when two Libyans bought similar clothing. He said Mr Gauci referred to them as “Libyan pigs”. But his statement was never followed up by police.

A Crown Office spokeswoman said yesterday: “All of these issues could have been raised during the course of the appeal which Mr Megrahi abandoned.”

[A further article by Lucy Adams in the same newspaper is headed "Is this man key to Lockerbie ...or was he just after the cash?" The following are extracts.]

Tony Gauci, a Maltese shopkeeper, became the Crown’s key witness in the conviction of Abdelbaset Ali Mohmed al Megrahi, and was the one man who linked the suspect to clothes found in the suitcase that harboured the bomb.

But new allegations published yesterday, which would have been tested in court if the appeal that began in April had gone ahead, have undermined both his credibility and reliability.

Papers on Megrahi’s website reveal that Gauci and his brother Paul were interested in financial reward from the start of the case, and that between them they received at least $3m (£1.88m) at the end of the trial.

Previously-secret police reports dating back to 1999 indicate “the frustration of Tony Gauci that he will not be compensated” and that “in respect of Paul Gauci, it is apparent from speaking to him for any length of time that he has a clear desire to gain financial benefit from the position he and his brother are in relative to the case.

“As a consequence he exaggerates his own importance as a witness and clearly inflates the fears he and his brother have.

“He is anxious to establish what advantage he can gain from the Scottish police.

“Although demanding, Paul Gauci remains an asset to the case but will continue to explore any means he can to identify where financial advantage can be gained.”

Offering witnesses financial remuneration is anathema to the Scottish system, and yet this information, uncovered by the investigation of the Scottish Criminal Cases Review Commission, was never disclosed to the defence.

Megrahi’s website states: “It is a matter of common sense, and it has long been recognised in Scots law, that the existence of a financial interest and/or the offer of rewards to a witness is of considerable importance in relation to the credibility of that witness.

“Depending upon the nature and degree of any such interest or reward, the law may exclude the evidence of the witness, or leave the effect of same on the witness to be weighed by the jury.” (...)

Megrahi’s website summary [RB: Again, I can find no trace of this summary] also states: “The documents also indicate that Tony Gauci had been visited by the Scottish police on more than 50 occasions – many, perhaps even the majority, of which were unrecorded.

“This information shows that the witness has significantly changed his position over time regarding the items sold.

“In addition there is a clear inference from the timing and context of these inconsistent statements that the witness has been influenced in his recollection by the police inquiries – either by being shown articles such as control samples or fragments or by discussion.”

Expert reports published for the first time on the website also question the validity of Mr Gauci’s identification of Megrahi.

6 comments:

  1. MISSION LOCKERBIE: Also Edwin Bollier, was offered "lubricate" money...

    After further interviews through FBI-Officials and officers of the Scottish Police in Zurich and after my visites in 1991 at the FBI in Washington and at the Scottish Police in Glasgow I understood clearly: The allegedly found MST-13 timer fragment in Lockerbie was a manipulated piece of evidence with the intention to link the state of Libya with the Lockerbie-atrocity.

    In 1991, I was invited to the FBI Headquarter in Wahington and FBI Spezial Agent Richard A. Marquise (Task Force chief) offered to me up to 4 million US$ and a new identity in the States if he would confirm in a police statement that the allegedly found MST-13 timer fragment originated from one of the 20 timers delivered to Libya between 1985 und 1986.

    Now there was no more doubt for me that a huge conspiracy against Libya was on the way.

    Contrary to the Libyan crown witness against Libya, Abdul Jiacha, - an agent in the sold of the CIA – Bollier rejected the offer. Jiacha is currently living in the USA under a new identity !!!

    by Edwin Bollier, MEBO Ltd., Switzerland

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  2. "He said Mr Gauci referred to them as 'Libyan pigs'"

    When O.J. Simpson was acquitted on main reason was that the main witness, Mark Fuhrman, had made racist remarks, and for this reason could not be trusted.

    So, obviously some will find, that the above statement has clear value in raising doubt is Mr. Gauci's value as a witness.

    - - -

    I have been asked: If T. Gauci were prepared to give false statements, why did he not do a more convincing job? Shouldn't 2 mill. USD be able to buy a positive identification? "It was him! I am sure!"

    One obvious problem with this, though, is that, given the history of his statements, this would look too much of a u-turn, giving grounds to doubt his honesty. The statements made had to be coherent.

    But even more likely, Mr. Gauci was in good faith all the way. It is a well-known matter("cognitive dissonance"), that a new outcome can change your mind, in all honesty. A very interesting classical experiment from 1959 is described very well here:

    http://www.spring.org.uk/2007/10/how-and-why-we-lie-to-ourselves.php

    Referees in sport are usually kicked out the second it becomes known that they said yes to gifts from one team. Even though the referees may swear that they will not be influenced, the fact is that they can not be trusted.

    Offering money to court witnesses is a totally unacceptable praxis. If it is true that Gauci received the 2M$ he is disqualified.

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  3. Mr. Bollier, you wrote:
    "In 1991, I was invited to the FBI Headquarter in Wahington and FBI Spezial Agent Richard A. Marquise (Task Force chief) offered to me up to 4 million US$ and a new identity in the States if he would confirm in a police statement that the allegedly found MST-13 timer fragment originated from one of the 20 timers delivered to Libya between 1985 und 1986."

    But why would FBI do that? There's not a shred of doubt that the burned fragment presented comes from one of your circuit boards. Or, if something was falsified (which is very easy to do) it was done so convincingly that your testimony was not needed at all.

    You had sold the timers to Libya. What evidence could you possibly raise against the fragment presented in court, that somebody would have to bribe you for not doing?

    You write:
    "Bollier rejected the offer"

    Yet you still testified for The Crown!!

    From trial transcript, Jan.9:
    - - -
    "Mr. Feraday identified this as a fragment from MST long-delay electronic timer manufactured by MEBO, and both Mr. Lumpert and Mr. Bollier also identified this as a fragment that had come from an MST-13 timer."
    - - -

    I can't make any sense of this.

    - - -

    Why would you refuse a bribe anyway? You made income from timers that you sold directly to military and secret services, who'd use them in actions to kill and maim people. Putting one single man in jail for 4 mill USD and closing your business seems a much kinder and profitable choice?

    Doubts can be raised whether a timer of yours were really used for Lockerbie. What is undisputable is, that it would be perfect for such a nice little job.

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  4. Dear sfm, sorry my answer is only in german ,,,

    Die Tatsache ist, dass es unter der gleichem Typenbezeichnungen MST-13 zwei ähnliche Timer gab!

    1) 20 Stück MST-13 Timer, welche exklusiv nur an das Libysche Militär geliefert wurden! Dise Timer waren mit maschinell produzierten "Thüring" Circuit Board ausgerüstet und hatten eine grüne Farbe.

    2) 3 Stück MST-13 Circuit Boards waren von hand-fabrizierte Prototypen mit brauner Farbe.
    2 Stück davon wurden als komplette MST-13 Timer an den Ost-Deutschen Staatsicherheitsdienst "STASI" geliefert!

    3) 1 Stück MST-13 Circuit Board mit brauner Farbe (nicht funktionsfähig) wurde unerlaubterweise an die Scottish Police übergeben!
    Aus diesem Prototyp Circuit Board, Farbe braun, wurde das MST-13
    Fragment (PT-35) fabriziert, welches von Experte Allen Feraday (RARDE) am 10. September 1989 erstmals photographiert wurde!
    Dieses Fragment sei angeblich in Lockerbie gefunden worden!

    4) Das MST-13 Timerfragment (PT-35) welches mir FBI Spezial Agent
    Richard Marquise auf einer Photo gezeigt hatte, stammte 100% von
    einem hand-gefertigten Prototyp MST-13 Circuit Board ab, Farbe
    braun mit eingekratztem Letter "M"!
    Somit war ohne Zweifel klar, dass dieses MST-13 Fragment (PT-35)
    nicht von einem nach Libyen gelieferten MST-13 Timer abstammte!

    5) Dieser Fakt stand hinter der Offerte von up to US$ 4 millionen! Ich sollte auf einem
    Polizeiprotokoll bestätigen, dass das Fragment von einem exclusiv nach Libyen gelieferten MST-13 Timer abstammte!

    Notabene: Mit dem braunen Prototyp MST-13 Fragment, konne man Libyen nicht in die "Lockerbie Tragedy" verwickeln!
    From 12th May 1990 the brown colored fragment PT-35(b) was
    re-placed with a green colored duplicate, without the "M" on it, and was used for conect Libya in the Lockerbie-tragedy !


    More details about this criminal MST-13 Timer manipulation, with photos on our website: http://www.lockerbie.ch

    by Edwin Bollier, MEBO Ltd., Switzerland

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  5. MISSION LOCKERBIE:

    NB: This is only a Babylon computer translation, german/english:

    Mr. Marquise,
    why you know that I could never see the original whole MST-13 timer- fragment, police No. PT-35, with the in-scratched letter "M" on it ? That makes you very very suspect and supports my determined proofs!
    Question: Mr. Marquise, where is the original part of PT-35 (b) with in-scratched letter "M" ? (see the FBI proof photo at trial Kamp van Zeist).

    Now the missing facts about evidence linking the bomb to Libya is clear !

    After the published controversial documentary film "Lockerbie Revisited" from Gideon Lewy and the statement of ex FBI specially agent and task Force chief Richard Marquise, suggests the MEBO MST-13 fragment (PT-35) left the UK and was examined in USA.
    A comment on Professor Robert Black bloc 'The Lockerbie Case'; Marquise say:,"I do not think Mr. Bollier ever saw the real fragment--just pictures"!

    A part material of the MST-13 fragment PT-35 (b) with the "M" on it, brown colored is still missing and could be today stay at FBI!
    Why:
    The real material MST-13 timer fragment (PT-35) with the "M" on it was concoct from a non functional MST-13 prototype circuit board, and was on the 27th of April 1990, by officer Harrower, for forensic investigation, by Siemens company in Germany. After the visit by Siemens, Allen Feraday (RARDE) brought the two sawed material fragments PT-35(b) and DP-31(a) to the FBI expert Tom Thurman, in Washington. From this time, the real fragment PT-35(b) with the "M" on it, is MISSING !

    From 12th May 1990 the brown colored fragment PT-35(b) was re-placed with a green colored duplicate, without the "M" on it, and was used for conect Libya in the Lockerbie-tragedy ! Now only a FBI photo with the pictures of the real PT-35(b) exist !!!
    NB: 20 piece of MST-13 Timer with green colored circuit boards was exlusive delivered to the Libyan Military!
    By the way, in the film "Lockerbie Revisited", confirmed Task Foce chief of UK , Stuart Henderson: " the MST-13 timer fragment never left UK"! This is also a Lie, the circuit board was also in Germany !!!

    Please see evidences + pictures on our webpage: www.lockerbie.ch

    by Edwin Bollier, MEBO Ltd., Switzerland

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  6. I thought it interesting that while material was available from HOLMES, DCI Bell's diaries ect. the "American" side of the alleged payment of rewards is not in the public domain.

    ReplyDelete