Sunday, 22 December 2024

Well-qualified commentators have pulled Megrahi's conviction apart

[What follows is excerpted from an article by Marcello Mega 

in The Sunday Times today. The published version may vary 

slightly from the text below:]

With a Libyan agent convicted in January 2001 of the 

Lockerbie bombing and another soon to be tried in the US, 

you might wonder why many relatives of the dead remain 

so fixated on seeking truth.

Dr Jim Swire has led the campaign, unconvinced by the evidence he heard at the Scottish Court in the Netherlands against two Libyans that saw one of them convicted of mass murder, and increasingly aware over the many years since of the hidden evidence that might have cleared both.
In the year ahead, two television dramas and the trial in Washington of Abu Agila Masud, accused of making the bomb that took 270 lives on 21 December 1988, will remind us that the full story is still unknown.
Sky’s Lockerbie: A Search for Truth, with Colin Firth playing Swire, will be first to reach the public, from 2 January.
The series is based on Swire’s book Lockerbie: A Father's Search for Justice, which points to many holes in the story accepted by the trial and highlights contradictory evidence that has emerged since.
Early on in the project, Firth requested a briefing because he sensed it could have a similar impact on the public as Mr Bates and the Post Office, which transformed understanding of the Post Office scandal.
Firth wanted to be certain any similar impact on understanding of Lockerbie would be justified. The briefing was arranged with experts who understood the case and Firth was happy to proceed.
Now 88 and having devoted 36 years to the quest for truth after his daughter Flora was murdered on the flight, Swire is weary and has signalled it might be time to put down his sword.
Having been promised and denied a full public inquiry by the Tory Government of the day and by the Labour Government that followed, he believes all documents held on the case should now be made public.
He holds out little hope, but believes the drama might animate the public, making the demand for truth harder to resist.
The 82-page judgment of Lords Sutherland, Coulsfield (now deceased) and Maclean is available online, double-spaced and not a difficult read.
Well-qualified commentators such as Gareth Peirce, who overturned the convictions of the Guildford Four, and Professor Robert Black, who devised the scheme for the Lockerbie trial in a neutral country, have pulled it apart.
The prosecution’s case started with an unaccompanied suitcase carrying a bomb being placed on Air Malta Flight KM180 from Luqa Airport to Frankfurt on 21 December 1988.
It was supposedly tagged to go on to Pan Am 103A to Heathrow and then to New York-bound Pan Am 103.
Swire, in common with many others, believes that a security breach not disclosed during the trial allowed the bomb to start its path at Heathrow where the plane was loaded from empty.
The judges, however, decided that an unaccompanied suitcase did travel on the Air Malta flight while recognising that not a shred of evidence supported it.
It might have been even harder to make that leap of faith had baggage handlers from Luqa been called as witnesses.
In their statements, they explained that not only did an unaccompanied bag not travel on the flight, it could not have happened because of the simple system they used.
They never knew how many passengers were booked on a flight, but physically counted the bags going on, then called the check-in desk to see if their counts matched. If not, the bags came off and the count restarted.
One or two of these witnesses could potentially have killed the Crown’s case at its inception, but they were never called.
In a highly complex case involving thousands of witness statements and tens of thousands of productions, Megrahi’s conviction came down to two essential matters: the testimony of Maltese shopkeeper Tony Gauci and the identification of a fragment of circuit board said to have detonated the bomb as coming from a batch sold only to Libya.
The judges did not know until after the trial that Gauci’s evidence was tainted by the promise of reward money from the US.
Gauci, now dead, received $2m, and his brother Paul, who didn’t even testify, a further $1m.
The Scottish justice system has largely ignored the relevance of these rewards. The late Sir William Macpherson of Cluny, a Scottish clan chief who became one of England’s most senior judges, said if he had ever become aware of witnesses receiving rewards for evidence, he would have ordered the jury to discount it entirely.
Instead, the trial judges attached inexplicable weight to Gauci’s testimony. He never stated unequivocally that Megrahi bought the clothes from his shop that were placed in the case alongside the bomb.
Even in court, asked to make a simple dock identification, he qualified it by saying Megrahi resembled the man, as he had in all his statements, although his first description was of a man many years younger and several inches taller.
The judgment acknowledged his lack of certainty several times, but at the final mention the judges turned it into a virtue, suggesting it underlined his honesty. This measure of reliability cannot be found elsewhere in Scottish criminal law.
In addition, the judges stated without obvious reason that Gauci was “100% reliable”, on the list of clothing bought from his shop and the prices paid.
Yet in 1999, Gauci had produced an entirely different list from the first one while making a fresh statement in advance of the trial.
Like other evidence that did not suit the prosecution case it was not passed to the defence.
The judges also had to decide whether the clothing had been bought on 23 November, when Megrahi was not on the island, or 7 December, when he was.
They accepted that meteorological and other evidence suggested 23 November was more likely, but stated that they preferred 7 December, offering nothing of substance to support the decision.
The Scottish Criminal Cases Review Commission said later that no reasonable court could have concluded the clothing was purchased on 7 December, a particularly damning view when no jury was involved.
Remarkably, the evidence around the circuit board is still unfolding. Of all the thousands of productions in the case, only one evidence bag, the one containing the fragment, had its label overwritten, fuelling a belief it had been planted.
Forensic tests after the trial showed no trace of explosives’ residue, so the fragment was unlikely to have been at the heart of a bomb. Later, metallurgical tests showed it actually came from a type of board put into production in 1989, adding to the suspicion of a plant.  
All three key forensic ‘experts’ in the case who testified on the fragment, two British and one American, have been completely discredited for malpractice in other murder cases.
Jim Swire has been my friend for more than 30 years. We once undertook an investigation to Sweden together to try to challenge Abu Talb, a man we believed was involved in the bombing.
His age is now against him taking similar bold steps to establish the truth, but the signature obstinance of this admirable man has never seemed perverse to me.

RB: The present post differs somewhat in format from the norm in this blog. This is because the hardware and software on which I am having to rely in Ajman is not what I am accustomed to.


Sunday, 15 December 2024

The official version ... is absolute nonsense

[What follows is excerpted from a report published in The Sunday Times today:]

The bombing of Pan Am Flight 103 over the Scottish town of Lockerbie remains the deadliest terrorist attack to have taken place in Britain. (...)

In all 270 people were murdered, among them Flora, the 23-year-old daughter of Dr Jim and Jane Swire. For Jim it was the start of a 35-year quest to find out who had killed her and why — a story that is being told in a five-part Sky drama starring Colin Firth as Swire.

A three-year investigation by the FBI and Scottish police led to the arrest of two Libyan men, one of whom, Abdelbaset al-Megrahi, was convicted of the attack in 2001. But after his trial it was revealed that the US government had paid millions to two central witnesses and some forensic evidence was discredited. Megrahi maintained his innocence until his death in 2012.

“An awful lot has been written about the Pan Am 103 Lockerbie disaster,” says Gareth Neame, Lockerbie’s executive producer. “But sometimes when you dramatise a story you bring a new perspective. We saw that, obviously, with the Post Office drama [Mr Bates vs the Post Office] — a story that had been bubbling under the headlines for years, a miscarriage of justice. Suddenly it captured people’s attention.”

Initially Swire accepted the American claim of Libyan responsibility for the bombing, but during the trial he began to have doubts. When Megrahi’s guilty verdict was read out, the doctor collapsed in disbelief, and went on to campaign for the Libyan’s retrial and release. He believes Megrahi was framed and that the bomb was planted by Iranians at Heathrow. (The US and UK governments maintain that the bomb originated in Malta, and was flown to Heathrow as part of a Libyan plot.)

Swire has been called a conspiracy theorist by some, but the drama supports his misgivings. Based on his book, Lockerbie: A Father’s Search for Justice, it has already been criticised by the American-based campaign group Victims of Pan Am Flight 103, who contend that the series will promote a “false narrative”. But its makers hope his story might become the Mr Bates vs the Post Office of 2025, generating enough public anger to prompt a closer examination of the many unanswered questions surrounding the attack.

Firth met Jim and Jane Swire a few weeks before the drama began shooting. “Jim Swire had not previously been someone with an innate distrust in institutions,” he tells me when I meet him on the courtroom set in Scotland where Megrahi’s trial is being restaged. “I’m not even sure he has that now. He simply wants to know what happened and why. He’s a rational man responding to facts as he sees them. I believe he would still be happy to be proved wrong if it meant knowing the truth.”

Firth tells me that Swire is plainly no crank. “This isn’t someone who has the kind of zealotry that makes them cling to a position no matter what. He has changed his position according to new information. He’s very, very alive to new facts, to new evidence. I think it takes quite a lot of courage to keep that up for nearly four decades, particularly when feelings are so strong. And I think a man like that is worth listening to.”

Jim Swire is 88. When we speak and I ask him how he is this morning he replies: “I’m ancient.” He peppers his conversation with references to his age and how little time he must have left. Yet when it comes to the details of the Lockerbie disaster, its ramifications and implications, he is tack-sharp.

He was, he says, “elated” on hearing that there was to be a dramatisation of his story. “Because it’s always seemed to me, throughout the past 36 years, that there is a yawning gap between the little bits that we could do as individual relatives of those who were slaughtered, and where the establishments of our country and America are on this issue. That gap is so horrendous that I know full well we have failed to bridge it. And now we need to bring it to the attention of other people who can make up their own minds about what happened.”

So what does he think happened? “The thing becomes simpler and simpler the more you know about it,” he says. “In July 1988 Iran had an Airbus with 290 innocent people on board shot down by a US missile cruiser in the Gulf. After that awful incident, instead of immediately saying, ‘Oh, I’m terribly sorry,’ America decided to award a medal to the captain of the ship and ribbons to the crew, and for a long time failed to pay any compensation to the poor families.”

Swire’s theory is that the Lockerbie bombing, which targeted a flight that was supposed to be full of Americans, was meant to be revenge (a warning had been issued to US diplomats not to book tickets home for Christmas on PanAm Flight 103, allowing Flora Swire, for one, to grab a late seat). (...)

Swire is a man steeped in British institutions. His father was an officer in the Royal Engineers who ran the British garrison in Bermuda on the outbreak of the First World War. “He was a man of principle of whom I was deeply in awe,” Swire says. He was sent from the family home on Skye to board at Eton from the age of seven. He learnt esprit de corps during national service as a second lieutenant in Cyprus and Port Said, then read geology at Cambridge before retraining as a doctor and becoming a family GP.

But trying to get straight answers as to why his daughter died changed him. In 1991, in an early bid to get the Libyan suspects Megrahi and Al-Amin Khalifa Fhimah handed over to face charges, he took matters into his own hands and travelled to Libya to meet Colonel Muammar Gaddafi in person.

This, Swire concedes, was reckless in the extreme. “Looking back, I can only blush at my own naivety. But by that stage I had had enough time to discover that what I was being told by the authorities in my own country was not true, essentially, and I was determined.”

His determination led him to make his own conclusions, based on scrupulous examination of the evidence, including fragments of a circuit board that linked the Libyans to the bombing, which Swire believes were planted by the FBI.

“What I discovered was horrendous, and I’ve been able to discover enough about the truth to know that the official version that you and I are being solemnly told, to this day, particularly by the Americans, but also by the UK authorities, is absolute nonsense.” Another alleged Libyan terrorist, Abu Agila Masud, was arrested in 2022 and is due to face trial in the US over the Lockerbie bombing next May.

Swire is very aware that not everyone agrees with his version of events. The drama shows how the American families in particular think he has been gulled by the Libyans, or vanished into a Bermuda Triangle of his own theorising. “In a post-truth situation people like me are branded by the authorities as conspiracy theorists, or whatever phrase you like to use — and the establishment is always assumed to be the upright, honest broker of truth. The American relatives, many of them, think I’m absolutely bananas.”

When I spoke to Firth, who had been given Swire’s shock of grey hair and wore his “The truth must be known” badge, he was at pains to point out that Lockerbie: A Search for Truth is not just a father’s story. It begins with the brutal actuality of what Swire calls “the slaughter”, and also follows Jane (a superb Catherine McCormack) and the rest of their family. “It’s very much about the cost to them as a couple and as a family. This isn’t just about the search for judicial truth — it’s not just a legal drama,” Firth says.

Does Firth think we will ever learn the truth about Lockerbie? “I don’t know,” he says. “But I am in awe of this man’s determination to pursue it.”

Lockerbie: A Search for Truth is on Sky from Jan 2

Saturday, 14 December 2024

Libyan Lockerbie suspect’s family urges international intervention

[This is the headline over a report published today on the website of Libya Review. It reads as follows:]

On Saturday, the family of Abu Ajila Masoud Al-Marimi, the Libyan intelligence officer accused of involvement in the 1988 Lockerbie bombing, called on international human rights organizations to intervene urgently, claiming he is being tortured and denied medical care while in US custody. They report that his health has deteriorated significantly and warn of the potential danger to his life.

Al-Marimi was extradited to the United States from Libya in December 2022, a move his family insists was illegal. They say they have been denied any contact or visitation since his transfer and are calling for legal and humanitarian guarantees to ensure his safety. The family is also demanding his immediate return to Libya, where they believe he would receive better care and a fairer legal process. [RB: Masud was not "extradited" to the USA: he was abducted by a Libyan warlord and sold to the US authorities: 

https://lockerbiecase.blogspot.com/2022/12/even-facade-of-legality-was-not.html]

Al-Marimi’s son revealed that evidence for the upcoming trial, set for May 12, 2025, in Washington DC, has already been submitted. However, he criticized the court for allowing families of Lockerbie victims to attend hearings via video link while denying the same access to Al-Marimi’s family. Al-Marimi, now 71, has consistently denied the allegations against him, declaring in court that he had no involvement in the bombing of Pan Am Flight 103.

This is not the first time the family has raised alarm over his treatment. In June, they reported that he had been hospitalized due to multiple chronic illnesses. His nephew, Abdel Moneim Al-Marimi, expressed concerns about his uncle appearing in court without proper legal representation, as promised financial support for his defense has not materialized. Despite securing a lawyer at their own expense, the family claims they have received little assistance or updates from Libya’s Government of National Unity (GNU).

The 1988 Lockerbie bombing remains one of the deadliest terrorist attacks in history, killing 270 people. Al-Marimi is accused of being involved in constructing the bomb used in the attack, based on claims that he made a confession to Libyan authorities.

His extradition has been widely criticized within Libya, with opponents arguing that it violated the country’s constitution and sovereignty. Protests erupted across Libya following his handover, with many accusing the GNU of yielding to foreign pressure.

The family’s renewed plea draws attention to Al-Marimi’s worsening health and alleged mistreatment, underscoring broader concerns about human rights violations and the legality of his transfer. They are calling on international organizations to investigate his case and intervene to ensure his basic rights are protected.

The case has further strained Libya’s fragile political climate, while in the US, it has reignited interest in securing accountability for the Lockerbie bombing. Al-Marimi’s family continues to assert his innocence, insisting that any alleged confession was coerced under duress.

Why haven't all the Lockerbie documents been published?

[This is the headline over a letter published today on the website of The Herald. It reads as follows:]

Regarding your recent coverage of the transfer of Lockerbie debris to the US for the Abu Agila Mas'ud trial next year, such activities will no doubt attract greater interest to the trial if that trial does occur in May 2025. 

The debris may remind some people of the horrors of the night of December 21, 1988 in the unsuspecting town, when that preventable disaster occurred in those dark and wind-rent skies high above the borders. Others will never forget.

Might it not have at least been more economical to transfer all UK Government written materials relating to their past handling of the origins of the disaster to the internet, so that the younger generation could form its own opinion about how the UK and US governments have behaved over this terrible tragedy over the past 36 years? Perhaps there would then be a little honest openness.

Your great paper sailed as close to the wind as anyone dared many years ago to try to expose some of the contents of some files concerning the Jordanian based bomb-maker Marwan Kreesat and his bomb-making prowesses, as he worked in Damascus and Neuss for the PFLP-GC terrorist group, even as that group’s funding (by Iran) was renewed: you dared to come under immediate threat of closure, did you not, in attempting to expose truth?

In our group’s 36th year in our search for the truth we believe that only the truth will still suffice for you at The Herald.

We could perhaps press for a complete disclosure of all Lockerbie-related files still held at Kew and elsewhere now that 36 years have passed. 

Which politicians would now have to blush at the audacity with which all that material was kept clear of Freedom of Information requests from the media, the public and from our group? Most are dead or disabled now. Alas that the redoubtable, loveable Scottish MP for Linlithgow, Tam Dalyell, was taken from us so many years ago.

Can significant material about terrorist groups and their links really have remained a genuine reason for secrecy all this time?

Dr Jim Swire, spokesman UK Families – Flight 103, Gloucestershire.

Monday, 9 December 2024

Fuselage of Lockerbie plane transferred to US as evidence for trial

[This is the heading over a statement issued today by the Crown Office and Procurator Fiscal Service (the body responsible for the Scottish public prosecution system). It reads as follows:]

A section of the aircraft from the Lockerbie bombing is being transported to the US ahead of a Libyan suspect’s trial in Washington DC.

The transfer forms part of an evidence sharing agreement between Scottish law enforcement authorities and American counterparts. 

Families and next of kin have been informed of the development in the approach to the 36th anniversary of the terrorist attack on 21 December. Abu Agila Mas’ud is scheduled to go on trial in May next year for several charges, including destruction of an aircraft resulting in death.  

Abdelbaset al-Megrahi was convicted in 2001 of the murders of 270 people by the introduction of an explosive device onto a civilian aircraft. It has always been the Crown’s contention that Megrahi acted with others in the commission of his crime. 

The Lord Advocate, Dorothy Bain KC, said: 

“The trial court held that this act of state-sponsored terrorism was orchestrated by the Libyan government and that Megrahi was involved with others. That verdict has been subject of intense scrutiny and has been upheld twice in the appeal court.  

“The transfer of evidence for the trial in the US is a strong expression of the commitment that Scottish prosecutors and officers of Police Scotland have to bringing all those responsible for this terrible act to justice.” 

Chief Constable Jo Farrell said:

“My thoughts remain with the families and friends of those who lost loved ones in 1988 and who continue to show incredible dignity and strength.

“Police Scotland remains committed to working with the Crown Office and Procurator Fiscal Service and our law enforcement colleagues in the United States to support the investigation and bring those responsible for the bombing of Pan Am flight 103 to justice, no matter the passage of time.”

Laura Buchan, who is head of a team of prosecutors from the Crown Office and Procurator Fiscal Service working on the case, said: 

“Since Mas’ud was taken into custody by the US in 2022, Scottish prosecutors and police have been engaged in a formal evidence sharing process with the US Department of Justice.  

“The transfer of physical items of evidence from Scotland into US custody is beginning. The transfer includes parts of the fuselage of Pan Am 103 which are a production in the criminal investigation. We understand that the fuselage will hold significance for many of the families of those who lost their lives and they have been informed of the transfer plans.” 

The bombing of Pan Am 103 is the deadliest terrorist attack on UK soil and the largest homicide case Scotland’s prosecutors have ever encountered, both in terms of scale and of complexity. The Crown case at the Scottish court in the Netherlands in spanned 72 days and evidence from 227 witnesses. 

This was far from solely a Scottish disaster – 243 passengers, 16 crew members as well as 11 residents of Lockerbie were killed. In total the victims came from 21 different countries.

[A BBC News report about this development can be read here.]

Tuesday, 26 November 2024

His view of the world is left forever changed.

[What follows is excerpted from an article published today on the website of Hello! magazine:]

Colin Firth is starring in Sky's upcoming drama, Lockerbie: A Search for Truth – and it looks gripping.

The Bridget Jones star leads the cast as Dr Jim Swire, a father driven by loss in the wake of the 1988 Lockerbie disaster. The story, which is inspired by true events, follows Dr Jim and his wife Jane's fight for justice after their daughter Flora tragically died in the devastating terrorist attack. (...)

In new images [from the trailer], Colin is worlds away from his usual look as he dons snow-white locks and 80s-style glasses, while his co-star Catherine McCormack, who plays Jane, appears solemn as she gazes into the distance. 

So, what is the show about? 

The limited five-part series is based on the real 1988 Lockerbie disaster, which saw 259 passengers and crew killed when Pan Am Flight 103 exploded over Lockerbie 38 minutes after take-off, with a further 11 residents losing their lives as the plane came crashing down.

After his daughter Flora dies in the disaster, Dr Jim Swire is nominated spokesperson for the UK victims' families, who have united to demand truth and justice. What follows is a relentless journey that sees Jim travel across continents and political divides. In doing so, he not only jeopardises his stability, family and life but completely overturns his trust in the justice system. 

The synopsis continues: "As the truth shifts under Jim’s feet, his view of the world is left forever changed.

"Exploring events from the disaster and its aftermath, Lockerbie: A Search for Truth provides an intimate account of a man, a husband, and a father who risks everything in memory of his daughter and the unflinching pursuit of truth and justice."

Starring alongside Colin and Catherine are Shetland star Mark Bonnar as Roderick McGill and Litvinenko's Sam Troughton as Murray Guthrie.

Other cast members include Ardalan Esmaili (Grey Zone, Deliver Me) as Abdulbaset al-Megrahi, Mudar Abbara (The Swimmers, In Another Life) as Al Amin Khalifa Fhimah, Guy Henry (Holby City, Rogue One: A Star Wars Story) as Paul Channon and Nabil Al Raee (The Teacher, 200 Meters) as Colonel Gaddafi.

Rounding out the cast as the Swire children are Jemma Carlton (Maxine, A Thousand Blows) as Cathy, Harry Redding (Red Rose) as William and Rosanna Adams as Flora. [RB: I am played in the series by John Wark (Outlander, Queen of the Desert, The Fitzroy.]

Lockerbie: A Search for Truth will air on Sky and NOW in the UK and Ireland on 2 January, 2025.

[A further report, also published today and headlined What To Expect From Lockerbie: A Search For Truth, can be found on the Country and Town House website.]

Sunday, 27 October 2024

Scots give their views on remote access to Masud trial

[What follows is excerpted from a report by David Cowan published today on the BBC News website:]

An international search by the FBI has identified more than 400 people from 10 countries who lost relatives in the Lockerbie bombing in 1988 or suffered emotional injury in its aftermath.

The US law enforcement agency tried to track down people directly affected by the atrocity in advance of a Libyan suspect's trial next year.

A federal court in Washington DC is deciding how to allow remote access to the case against alleged bombmaker Abu Agila Masud.

The 417 people who responded to the FBI survey included more than 100 people from Scotland, 32 of them from Lockerbie itself.

A total of 244 respondents came from the US and 164 from the UK.

Others came from the Netherlands, Spain, the Czech Republic, Ireland, Canada, Mozambique, Australia and Jamaica. (...)

In 2001, after a nine-month trial, a Scottish court sitting in the Netherlands ruled that the bombing was the work of Libya's intelligence service.

Abdelbasset al-Megrahi was convicted of playing a key role in the plot and jailed for life, only to be freed on compassionate grounds in 2009 after falling terminally ill with cancer. He died in Libya three years later.

Abu Agila Masud was taken into US custody in 2022 and is due to stand trial in Washington DC next May, accused of making the bomb which destroyed the plane.

In advance of the trial, a group representing American relatives of the victims asked for remote access to the proceedings, saying that many of them were too old and infirm to travel to Washington DC for the case.

US lawmakers subsequently passed legislation to allow the relatives to get remote access "regardless of their location". [RB: The US legislation sadly makes no provision for Masud's family to enjoy remote acess to the trial. This is an omission that should be speedily rectified.]

To help the trial judge decide how that should be done, the FBI set out to identify and question two groups of people affected by the bombing.

The first included those who were “present at or near the scene in Lockerbie when the bombing occurred or immediately thereafter” and who suffered “direct or proximate harm (e.g. physical or emotional injury) as a result."

Many of the Scots who responded to the survey identified themselves as members of that group, including military personnel and rescue workers who took part in the operation to recover the bodies of the victims.

The second group involved “the spouse, legal guardian, parent, child, brother, sister, next of kin or other relative of someone who was killed on Pan Am 103 or killed or harmed on the ground in Scotland or someone who possesses a relationship of a similar significance to someone who was killed or harmed in the attack".

Most of the respondents told the FBI they would like video access via a weblink or app, allowing them to follow the trial from home. A slightly smaller number would also be content with audio-only access.

Masud's defence has suggested that people could watch the case at courthouses and embassies, but the US government argued that option was "logistically unreasonable, unfeasible, impractical and unworkable."

Instead, it is arguing that a "Zoom for Government" platform should be used, with access strictly controlled.

Participants would be told that recording or rebroadcasting the trial would be illegal. The software would include technology to identify anyone breaking the rules.

In a submission to the court, lawyers from the US Attorney's Office said: "These families have suffered for more than three decades.

"This attack was the largest terror attack on the US before September 11, 2001... it remains the single most deadly terror attack in UK history.

"The law passed by Congress applies only to this case.

"Given the death and destruction left by this bombing, and the palpable trauma and pain of the multiple victims spread globally throughout the world, one can only hope that another law like this one will never be needed again."

[The Times of 29 October picks up this story. Its report includes the following:]

Inspired by ITV’s series Mr Bates vs the Post Office, the actor Colin Firth is set to play a bereaved father in a new TV drama called Lockerbie. This has caused anger among victims’ families as the storyline puts forward a narrative that blames Iran for the attack.

Firth plays the part of John [sic] Swire, the father of Lockerbie victim Flora Swire.

Michelle Ciulla Lipkin, whose father Frank Ciulla died in the disaster, told the Mail on Sunday that complaints had been made already.

“We have raised our concerns with the producers,” she said. “We feel they are amplifying and highlighting a false narrative about the bombing, a narrative that the great majority of us who lost loved ones do not align with and have fought very hard against.”

Friday, 25 October 2024

The true story behind "Lockerbie: A Search for Truth"

[This is the headline over an article published today on the Who magazine website. It reads in part:]

The highly anticipated limited series Lockerbie: A Search for Truth is set to premiere (...) on January 2nd, starring Academy Award winner Colin Firth as Jim Swire and Catherine McCormack as Jane Swire. The series offers a compelling exploration of one of the most devastating terrorist attacks in history: the bombing of Pan Am Flight 103 over Lockerbie, Scotland.

What is Lockerbie: A Search for Truth about?

The series is inspired by the real-life events of December 21, 1988, when Pan Am Flight 103 exploded, killing 259 passengers and crew and 11 residents of Lockerbie. The focus of the series is Dr Jim Swire (played by Firth), who lost his daughter in the tragedy. Swire’s relentless pursuit of justice for the victims leads him across continents and into political turmoil, as he navigates a decades-long search for truth. His journey, though personal, questions international justice systems, his own beliefs, and his very trust in the world.

Who stars in Lockerbie: A Search for Truth?

Colin Firth, known for his powerful performances in The King’s Speech and A Single Man, portrays Jim Swire, a grieving father driven by love and the need for answers. Catherine McCormack (Slow Horses, Lucan) takes on the role of Jane Swire, Jim’s wife, as the series delves into their family’s harrowing experience in the wake of this terrorist attack.

The supporting cast also includes Nabil Alraee as Colonel Muammar Gaddafi and Ardalan Esmaili as Abdelbaset al-Megrahi, the Libyan national convicted in the bombing case.

Is Lockerbie: A Search for Truth based on a true story?

Yes. The series draws heavily from Jim Swire’s memoir The Lockerbie Bombing: A Father’s Search for Justice, and other sources. It tells the real-life story of Swire’s mission to seek accountability for the bombing. His journey spans three decades, taking him to the deserts of Libya, where he meets Gaddafi, and to the courtroom in the Netherlands for the trial of al-Megrahi. This search for truth affects not only Swire but also the families of victims worldwide. (...)

Thursday, 26 September 2024

Dedicated team of Scottish prosecutors and police support US in prosecution of Masud

[What follows is excerpted from a report headlined Lockerbie bombing widow urges victims to request virtual access to trial published today on the website of Shropshire Star:]

The widow of a passenger killed in the Lockerbie bombing has urged others affected to request virtual access to the forthcoming trial of a Libyan suspect.

The FBI is carrying out an international search for those affected by the atrocity, which killed all 259 passengers and crew onboard Pan Am Flight 103 and 11 people on the ground when it exploded above the Scottish town in 1988.

The US Congress has passed legislation to make remote access to court proceedings available to victims in the trial of Abu Agila Masud, who is alleged to have helped make the bomb.

He is to go on trial in the US in May 2025 facing three charges, which he denies.

Victims say they have been told by the US Department of Justice that those affected have until October 9 to complete an online form requesting access to the trial.

The nose cone of the plane crashed into a field adjacent to the Tundergarth Kirk three miles east of Lockerbie and more than 100 bodies were found in the area.

Victoria Cummock is the widow of John Cummock, from Florida, who was one of the passengers found inside the nose cone.

Mrs Cumnock, a trustee of Tundergarth Kirks Trust and chief executive of the Pan Am 103 Lockerbie Legacy Foundation, said: “I urge crime victims to use the FBI form to request virtual trial access via Zoom on our personal devices, which is the more humane, practical, and cost-efficient option.

“This allows ageing victims, like me, to remain in their supportive home environments and younger victims to continue to meet their work and family obligations, without creating unnecessary, daily travel hardships during a trial that could last at least a year.

“Many thousands of people qualify as living crime victims, like I do, and are entitled by US law to a range of support services during the trial, including mental health counselling, court trial access, and travel expense reimbursement.

“I appeal to everyone who qualifies to register to receive these benefits, regardless of whether they intend to access the court proceedings.

“This will probably be our last chance to be counted in demanding accountability and justice.” (...)

US law defines a victim in two ways, the first being anyone present at or near the scene in Lockerbie when the bombing occurred or immediately afterwards who suffered “direct or proximate harm (eg physical or emotional injury)”.

The other group comprises the spouse, legal guardian, parent, child, brother, sister, next of kin, or other relative of someone who was killed aboard the plane or killed or harmed on the ground, or someone who possesses a relationship of similar significance to them.

The FBI said it is collecting the information in an effort to inform the court about the widespread geographic locations of the victims, and to demonstrate how this may affect how they can access the trial proceedings in person.

A Crown Office and Procurator Fiscal Service spokesperson said: “Scottish and US authorities have worked together since 1988 to bring those responsible for this atrocity to justice.

“That work continues as a dedicated team of Scottish prosecutors and officers from Police Scotland support the US Department of Justice and the FBI in the prosecution of Masud.

“While people of interest are still alive and there is evidence that can continue to be gathered, this investigation will not stop.”

Former Libyan intelligence officer Abdelbaset al-Megrahi is so far the only man convicted in relation to the bombing. (...) 

The FBI form can be accessed at https://forms.fbi.gov/panam103victims/view 

Friday, 13 September 2024

FBI search for 'all Lockerbie victims' ahead of suspect's US trial

[This is the headline over a report by David Cowan that was published late yesterday on the BBC News website. It reads in part:]

The FBI has launched an international search for victims of the Lockerbie bombing, including people who suffered “emotional injury”, ahead of a Libyan suspect's trial in the US. (...)

Abu Agila Masud has denied making the device that blew up Pan Am Flight 103 over the Scottish Borders town on 21 December 1988.

A judge in the US federal court where the trial is taking place is considering whether to allow remote access for people directly affected by the case.

The FBI is now trying to find everyone who meets a legal definition of victims of the bombing and wants to watch the trial online. (...)

Abu Agila Masud is due to stand trial before a jury in Washington next May.

The search for people directly affected by the bombing is being undertaken by the FBI's counter terrorism division and the US Department of Justice.

The FBI says the Washington court wants a finalised list of individuals “who meet the statutory definition of victim and wish to have access to the court proceedings".

The court also wants to know their total number and geographic location before it decides how to proceed.

Legislation passed by the US Congress to pave the way for remote access to the trial defines a victim of Lockerbie in two ways.

It includes someone who was “present at or near the scene in Lockerbie when the bombing occurred or immediately thereafter” and who suffered “direct or proximate harm (e.g. physical or emotional injury) as a result".

The second group involves “the spouse, legal guardian, parent, child, brother, sister, next of kin or other relative of someone who was killed on Pan Am 103 or killed or harmed on the ground in Scotland or someone who possesses a relationship of a similar significance to someone who was killed or harmed in the attack".

Dr Jim Swire, whose daughter Flora died on the plane, welcomed the decision to define people who witnessed what happened in Lockerbie as victims of the bombing, if they suffered harm.

He said: "Those affected by any disaster should never be restricted from access to the consequences of that disaster.

"So I think it's a good move that I entirely endorse."

[RB: No steps appear to have been taken to enable the family of the accused man to have remote access to the trial proceedings. This is a situation that should be speedily rectified.]

Wednesday, 14 August 2024

Lockerbie TV series "reminder of importance of justice, truth and resilience"

[What follows is excerpted from a long article just published on the Asap Land website:]

The tragic events of December 21, 1988, forever changed the small Scottish town of Lockerbie and the lives of hundreds of families worldwide. On that fateful day, Pan Am Flight 103 was destroyed by a bomb just 38 minutes after takeoff from London Heathrow, killing all 259 passengers and crew on board, as well as 11 residents of Lockerbie, when debris crashed into the town. This horrific act of terrorism, which remains the deadliest in UK history, is now the subject of a highly anticipated drama series simply titled “Lockerbie.”

Set to premiere on Sky Television in the UK and Peacock in the US, Lockerbie (...) promises to be a powerful and emotional exploration of one of the most devastating events in modern aviation history.

The series will delve into the aftermath of the bombing, focusing on the relentless pursuit of justice by those affected, particularly Dr Jim Swire and his wife Jane, who lost their daughter Flora in the attack.

With a star-studded cast led by Academy Award winner Colin Firth, Lockerbie is poised to be a gripping and thought-provoking examination of tragedy, resilience, and the unwavering search for truth.

Release Date:

As of now, an official release date for Lockerbie (...) has not been announced. However, given the recent production updates and casting news, the series will likely premiere in late 2024 or early 2025.

Filming began in Scotland in February 2024, with scenes shot in the Friars Brae area of Linlithgow. This suggests that production is well underway, but post-production work, including editing and visual effects, must be completed before the series is ready for broadcast.

The release strategy for Lockerbie may involve a simultaneous premiere on Sky Television and Now TV in the United Kingdom and Ireland, with a same-day or next-day release on Peacock in the United States. (...)

Expected Storyline:

Lockerbie (...) is set to be a five-part series that will chronicle the devastating bombing of Pan Am Flight 103 and its far-reaching consequences. The story will primarily focus on Dr. Jim Swire, portrayed by Colin Firth, and his wife Jane, played by Catherine McCormack.

The Swires lost their daughter Flora in the attack, and the series will follow their tireless quest for justice and truth in the aftermath of the tragedy.

Based on the book The Lockerbie Bombing: A Father’s Search for Justice by Dr Jim Swire and Peter Biddulph, the series promises to offer an intimate and personal perspective on the events surrounding the bombing.

Viewers can expect a narrative that spans several decades, from the crash’s immediate aftermath to the protracted investigation, diplomatic negotiations, and eventual trial of suspects at Camp Zeist in 2000.

The storyline will likely explore the complex web of international politics and intelligence surrounding the case, including the involvement of Libya and its leader, Colonel Gaddafi.

The series may also delve into the controversies and theories that have persisted over the years, including questions about the actual perpetrators of the attack and the reliability of the evidence presented at trial.

Through it all, the personal journey of the Swire family will serve as an emotional anchor, highlighting the human cost of this tragedy and the enduring impact it has had on the lives of those affected.

Cast Members:

Lockerbie boasts an impressive ensemble cast, bringing together some of Britain’s finest acting talent to bring this complex and emotional story to life. The confirmed cast members include:

Colin Firth as Dr Jim Swire

Catherine McCormack as Jane Swire

Sam Troughton as Murray Guthrie

Mark Bonnar as Roderick McGill

Ardalan Esmaili as Abdelbaset al-Megrahi

Mudar Abbara as Al Amin Khalifa Fhimah

Guy Henry as Paul Channon

Nabil Al Raee as Colonel Gaddafi

Jemma Carlton as Cathy Swire

Harry Redding as William Swire

Rosanna Adams as Flora Swire (...)

List of Episodes:

As Lockerbie (...) is still in production, an official list of episode titles has not been released. However, we do know that the series will consist of five episodes. Based on the known storyline and historical events, we can speculate on potential focus areas for each episode:

Episode 1: “The Day the Sky Fell” – Likely covering the day of the bombing and its immediate aftermath.

Episode 2: “A Father’s Promise” – Could focus on Dr Jim Swire’s decision to seek justice for his daughter and the other victims.

Episode 3: “The Investigation Begins” – Might detail the early stages of the international investigation into the bombing.

Episode 4: “Diplomatic Deadlock” – Could explore the challenges in bringing the suspects to trial and negotiations with Libya.

Episode 5: “The Trial at Camp Zeist” – Likely to cover the trial of Abdelbaset al-Megrahi and its controversial outcome.

Creators Team:

The creative team behind Lockerbie brings together a group of highly experienced and talented individuals from British television drama. Their collective expertise promises to deliver a historically accurate and emotionally resonant series.

The series’ executive producers include Gareth Neame and Nigel Marchant from Carnival Films, known for their work on acclaimed series such as Downton Abbey. Sam Hoyle represents Sky Studios as an executive producer, bringing valuable insight from the broadcasting perspective.

The writing team is led by David Harrower, a renowned Scottish playwright, who has adapted the story from Dr Jim Swire and Peter Biddulph’s book. Maryam Hamidi joins as a guest writer for one of the episodes, adding her unique voice to the series.

Otto Bathurst and Jim Loach share directing duties for Lockerbie. Bathurst has previously directed episodes of Peaky Blinders and Black Mirror, while Loach brings experience from working on shows like Orange Is the New Black and The Crown. (...)

Where to Watch:

Lockerbie (...) will be available on multiple platforms, ensuring viewers across regions can access this critical series. Here’s a breakdown of where you can watch Lockerbie:

Lockerbie will be broadcast on Sky Television in the United Kingdom and Ireland. This means it will be available to Sky TV subscribers as part of their regular package. Additionally, the series will be available to stream on Now TV, Sky’s on-demand platform, allowing viewers to watch it at their convenience.

For audiences in the United States, Lockerbie will be exclusive to Peacock, NBCUniversal’s streaming service. This platform offers free and premium tiers, though given its high-profile nature, Lockerbie is likely to be part of the premium content offering.

Australian viewers can watch Lockerbie on Channel 7, one of the country’s major free-to-air networks. 

Trailer Release Date:

A trailer for Lockerbie (...) has not been released, nor has an official date for the trailer’s premiere been announced. However, based on typical promotional schedules for high-profile television series, we can make some educated guesses about when to expect the first glimpse of the show.

Trailers for prestige drama series are often released 2-3 months before the show’s premiere date. Since Lockerbie will likely debut in late 2024 or early 2025, we might see the first trailer sometime in the fall of 2024. This timing would allow the promotional campaign to build momentum leading to the series premiere.

Final Word:

Lockerbie (...) stands poised to be a landmark television event, offering viewers a deeply personal and emotionally charged exploration of one of the most tragic incidents in modern history.

By focusing on the story of Dr Jim Swire and his family, the series promises to humanize the aftermath of the Lockerbie bombing, reminding us of the enduring impact of such events on those left behind.

As we await the series premiere, it’s clear that Lockerbie will not only serve as a dramatic retelling of historical events but also as a poignant reminder of the importance of justice, truth, and the resilience of the human spirit in the face of unimaginable loss.

With its stellar cast, experienced creative team, and the weight of its subject matter, Lockerbie (...) is set to be a thought-provoking and emotionally resonant addition to the landscape of prestige television drama.

Friday, 2 August 2024

"... he was sent back home to save any further investigation"

[What follows is excerpted from a long article published today on the website of the Daily Record about the career of former Conservative MP and MEP John Corrie:]

One world-changing event looms large in John’s memory – the bombing of Pan Am Flight 103 over Lockerbie in December 1988.

English doctor Jim Swire lost his daughter Flora in the atrocity and became convinced that Abdelbaset al-Megrahi – the Libyan convicted of the atrocity – was innocent.

“I took him to Brussels at his behest,” John recalls.

“He was convinced that Iran and another Middle Eastern country carried out the bombing in revenge for the shooting down of the Iranian 747 by the USS Vincennes.

“Jim was always convinced it was not Gadaffi or al-Megrahi who were responsible.

“I went to see Megrahi’s family in Libya but they would not let me see him because he was so ill.”

I ask John whether the Scottish court was right to convict al-Megrahi,– who was released from prison by Scottish justice secretary Kenny MacAskill on compassionate grounds – but he keeps his counsel.

“As far as I am concerned he was sent back home to save any further investigation,” he says, after consideration.

Friday, 12 July 2024

Lockerbie families fight for trial access

[This is the headline over a report published today on the DnG24 website.  It reads as follows:]

Relatives of the UK Lockerbie victims are being urged to register their interest for access to the US trial next year of alleged bomb maker Abu Agila Mohammad Mas’ud Kheir Al-Marimi.

It is due to take place in Washington, from May 12 2025.

And all the ‘living victims’ of the 1988 terrorist attack have until July 31 to contact America’s Department of Justice requesting remote access to the proceedings.

As there were 52 UK victims, it’s expected there will be hundreds of people who qualify.

The Pan Am 103 Lockerbie Legacy Foundation are trying to contact those affected to inform them of their rights and to offer support.

They said: “Our Foundation recently learned that Pan American flight 103 Living Crime Victims are legally defined as: those with the following relationships to someone killed in the attack: aunt, cousin, daughter, fiancé/fiancée, grandparent, niece/nephew, parent, partner, sibling, sibling-in-law, son, spouse, step-parent, step-child, uncle, next-of-kin, guardian.

“If one of these categories applies to you, you are entitled to specific rights, including case investigation and criminal trial information, court access, and restitution. These rights are supposed to be made without regard for your global geographical location.”

The Foundation is battling to ensure everyone affected can view the trial.

Last year they pressed the US Congress to pass legislation that provides individualised, direct, remote trial access to Pan Am 103 family members.

And on January 26 this year, President Biden signed a public law to guarantees such access.

However, Mas’ud’s defence team is arguing that access should be limited to live feeds at US Federal Courthouses, embassies and consulates.

But the Foundation are against this and said: “To view the trial at one of these designated sites, hundreds of us would have to travel great distances, some crossing oceans and continents, at our own expense and endure, more publicly than if we log in through Zoom, a trial that is expected to last months.

“The defence’s position is an outrage and a clear denial of our rights.”

It’s now “a critical moment” and they need to demonstrate to the court the extent of living crime victims globally.

Anyone who believes they are affected is thus asked to enroll in the Department of Justice’s Victim Notification System by email at usadc.panam103@usdoj.gov.

The Foundation team added: “Even if you do not plan to view the trial, declaring your interest could help all family members receive direct, virtual trial access.

“We implore you to give voice to your murdered loved ones and bear witness to justice.”

Friday, 5 July 2024

Lee Kreindler and Lockerbie

I have just become aware of the recent publication in the United States of The Fight For Justice: Lee Kreindler and Lockerbie by Ruth Kreindler (Lee Kreindler's widow) and Chris Angermann. The book description on Amazon reads:

"This gripping account of the civil litigation regarding the Lockerbie terrorist bombing of Pam Am Flight 103 - the most significant air disaster case of the 20th century - features conspiracies, surprising discoveries, intense negotiations, and riveting courtroom drama. Along the way, it commemorates Lee Kreindler, a deeply passionate attorney who was willing to risk everything to get justice and fair compensation for the victims' families and to make air travel safer for everyone." 

I have not had an opportunity to read the book and I can find no reviews online.

Kreindler and Kreindler, a New York firm of attorneys, represented many of the families of US and other victims of the Lockerbie disaster in litigation against Pan Am and in negotiations for a compensation settlement with Libya after the conviction of Abdelbaset al-Megrahi.

Lee Kreindler died in February 2003. His obituary in The Times can be read here, and that in the Los Angeles Times here. A relevant blogpost, referring to an article in The Spectator in 1992, is headed Lies, Libya and Lockerbie and features interesting comments below the line.

Sunday, 12 May 2024

Britain rejected secret deal to prosecute Lockerbie bomber in Ireland

[This is the headline over a report published in today's edition of The Sunday Times. It reads in part:]

Officials feared Irish courts were ‘soft on terrorism’ and more likely to acquit Libyan agent Abdul Baset Ali al-Megrahi, previously classified papers reveal

Britain rejected a secret deal to put the Lockerbie bomber on trial in Dublin amid suggestions that Ireland was “soft on terrorism” and more likely to acquit him, it has emerged.

Previously classified diplomatic documents disclose that Colonel Gaddafi, the Libyan dictator, expressed a willingness to hand over Abdul Baset Ali al-Megrahi to the Irish authorities.

The US and British governments maintained that al-Megrahi, a Libyan intelligence agent, was responsible for the bombing in December 1988 which led to the deaths of 270 people when Pan Am flight 103 exploded over Scotland.

Gaddafi refused to hand him and fellow suspect Lamin Khalifa Fhimah to the authorities in Washington or Edinburgh, leading to years of sanctions and negotiations.

Albert Reynolds, the Irish prime minister, met John Major, his British counterpart, in an attempt to broker a deal to end the stalemate.

However, Downing Street ruled the proposal was too risky after a senior diplomat claimed Irish courts were prone to making “inexplicable” decisions and raised fears that any hearing would be targeted by terrorists.

Gaddafi, who ruled Libya from 1969 when he seized power until he was overthrown and murdered in 2011, was outspoken in his support for the IRA. (...)

Previously unpublished documents from 1994, seen by The Sunday Times, have been opened and placed at the National Archives at Kew.

One, written by Sir Roderic Lyne, Major’s private secretary, confirms for the first time that a clandestine Anglo-Irish summit took place.

“During the tete-a-tete conversation between the prime minister and the taoiseach on May 26, the latter surfaced a Libyan proposal to hold the Lockerbie trial in Ireland,” he wrote.

A handwritten addendum states: “Ireland would be preferable to Canada. But given the Provisional IRA connection a trial there would be piquant to say the least!”

The following month John Dew, deputy head of mission at the UK embassy in Dublin, said the proposal posed unacceptable risks and raised particular concerns about the possibility of al-Megrahi being cleared by a sympathetic Irish court.

“This should not be taken lightly,” he wrote. “Irrespective of the independence of the Irish judiciary — and we all know of some strange rulings in the past — an acquittal would have major implications for Anglo-Irish relations.

“Our public opinion would inevitably interpret it as confirmation that Ireland was soft on terrorism.

“Her Majesty’s government would face serious questioning about why it had allowed the trial to take place in Ireland in view of inexplicable and unpredictable past rulings.” (...)

A separate memo written in the same month by UK Foreign Office civil servants said Reynolds’s suggestion should be taken seriously.

“A trial in Ireland would have some distinct attractions; it is a compatible legal system, it is nearby and it is not a realm or even in the Commonwealth,” it said.

“A number of Irish citizens were on board flight Pan Am 103. It seems that trial in Ireland might be acceptable, both to the Irish government and Libya.

“However, in view of the Provisional IRA connection it would be a more controversial venue than, for example, Australia.”

The British government ultimately rejected the Irish offer, along with an invitation from Nelson Mandela months later for a trial to take place in South Africa.

Eventually, the Libyan suspects went on trial in May 2000 in a Scottish court set up in a former US air base in the Netherlands.

After eight months Lord Cullen, the presiding judge, pronounced a guilty verdict on al-Megrahi. [RB: The presiding judge was actually Lord Sutherland. Lord Cullen presided over the 2001 appeal at Camp Zeist.]

He was sentenced to 27 years in a Scottish prison but released on compassionate grounds while terminally ill in 2009.

He maintained his innocence until his death in 2012 and his family are still fighting to have his conviction overturned.

Fhimah was found not guilty and returned to Libya.

More than three decades on, another man who is suspected of building the bomb that downed Pan Am flight 103 is being prosecuted in the US.

A court in Washington DC fixed a date of May 12, 2025, for the trial of Abu Agila Mohammad Masud, a Libyan citizen who maintains he is not guilty.

In 2018 relatives of Lockerbie victims told The Times that they had been repeatedly bugged by the security services after official documents suggested that they needed “careful watching”.

The Rev John Mosey, a church minister who lost his teenage daughter Helga in the atrocity, said that after speaking publicly his phone calls were often disrupted and documents relating to the bombing had gone missing from his computer.

Jim Swire, an English GP who lost his daughter Flora and became the public face of the campaign to secure an independent inquiry into the atrocity, reported similar intrusions and deliberately included false information in private correspondence, only for it to appear in the press days later.

The claims were corroborated by Hans Köchler, an Austrian academic appointed by the United Nations to be an independent observer at the Netherlands trial, who alleged that data had been taken from his computers.