There was only ever an illusion of a trial

What follows is an item originally posted on this blog on this date in 2009.

The framing of al-Megrahi

[This is the headline over a long and detailed article -- 6500 words -- by Gareth Peirce in the current issue of the London Review of Books. It is an utterly devastating critique of the Lockerbie trial and what led up to it and flowed from it. Anyone interested in the Lockerbie affair needs to read and digest it in full. The following are extracts.]

Only a simpleton could believe that Abdelbaset Ali al-Megrahi, convicted of responsibility for the Lockerbie bombing, was not recently returned to his home in Libya because it suited Britain. The political furore is very obviously contrived, since both the British and American governments know perfectly well how and for what reasons he came to be prosecuted. More important than the present passing storm is whether any aspect of the investigation that led to al-Megrahi’s original conviction was also about oil, or dictated by other factors that should have no place in a prosecution process. (...)

[A] number of the bereaved Lockerbie families have of necessity themselves become investigators, asking probing questions for two decades without receiving answers; they have learned sufficient forensic science to make sense of what was being presented at al-Megrahi’s trial and make up their own minds whether the prosecution of two Libyans at Camp Zeist near Utrecht was in fact a three-card trick put together for political ends.

Perhaps the result could have been different if there had been an entirely Scottish police investigation, with unrestricted access to all available information, without interference or manipulation from outside. Instead, from the beginning, the investigation and what were to become the most important aspects of the prosecution case against al-Megrahi were hijacked. Within hours, the countryside around Lockerbie was occupied: local people helping with the search under the supervision of Dumfries and Galloway police realised to their astonishment that the terrain was dotted with unidentified Americans not under the command of the local police. (...)

Although the crime was the most hideous Scotland had ever known, the integrity of the crime scene was violated; in part because outsiders were conducting a desperate search for wreckage that it was important for them to find and spirit away. As many police investigations over the years have demonstrated, such distracting irregularities can simply be red herrings, and these intrusions may have no bearing on the question of who blew up Pan Am 103. Was it individuals? Was it a country? And if so which one? From the very beginning, in fact, it seemed that the case could and would be easily solved. Considerable (and uncomplicated) evidence immediately to hand suggested who might be responsible; it was as if giant arrows were pointing towards the solution.

In the weeks before the bombing in December 1988 there had been a number of very specific warnings that a bomb would be placed on a Pan Am aircraft. Among them was a photograph of a bomb in a Toshiba cassette radio wired to a barometric timer switch; a number of such bombs had been found earlier in 1988 in the possession of members of a small group with a history of successfully carrying out bombings, primarily of American targets. One group member told police that five bombs had been made; at least one was missing at the time of the Lockerbie disaster and never recovered. The warnings were sufficiently exact that the staff of the American Embassy in Moscow, who usually travelled by Pan Am when they returned to the US for Christmas, used a different airline. Flora Swire, who was travelling to New York to spend Christmas with her boyfriend, found it surprisingly easy to buy a ticket.

All the Toshiba cassette bombs that had been seized were found, when tested, to run for 30 minutes after they were set. (...) It was precisely 38 minutes after Pan Am Flight 103 took off from Heathrow on 21 December 1988 that it exploded over Lockerbie; when the remnants of the destroyed plane and its contents were put together piece by piece by the Dumfries and Galloway police, fragments of a Toshiba cassette radio were found. (...)

That Iran and the PFLP-GC were responsible had fitted comfortably with UK and US foreign policy in the Middle East. Both countries had severed relations with Syria on the grounds of its persistent support for international terrorism; both had supported Iraq in the Iran/Iraq war, which ended in the summer of 1988. The obvious truth as it appeared at the time was that the Jibril group, sponsored in this instance by Iran, was a logical as well as politically acceptable fit.

Then, in August 1990, Saddam Hussein invaded Kuwait, thereby putting at risk almost 10 per cent of US oil supplies, and the stability of the Saudi and Gulf sheikhdoms on which the West depended to preserve the status quo in the region. A sudden shift of alliances was necessary: if Iraq had to be confronted, then Iran had to be treated differently and the Syrian regime needed to be brought on board. At the beginning of 1991 Syrians joined Western troops in the attack on Saddam Hussein’s invading army.

The centre of the Lockerbie investigation had by this time ceased to be Scotland: the CIA was in charge. Vincent Cannistraro had made his mark under Ronald Reagan, with a clandestine programme to destabilise the Libyan regime. He boasted that he ‘developed the policy towards Libya’ which culminated in the bombing of Gaddafi’s house in Tripoli in 1986 on the basis of intercept evidence later acknowledged to be false. Now brought out of retirement, Cannistraro shifted the investigation’s approach. The suspect country was no longer Iran but Libya, and in November 1991, the UK and the US made a joint announcement that two Libyan Airlines officials, Abdelbaset Ali al-Megrahi and Al Amin Khalifa Fhimah, had planted the bomb in Malta on behalf of Libyan intelligence. Douglas Hurd, the foreign secretary, announced to the House of Commons that Libyans alone were suspected and that other countries were not implicated. (...)

The key features needed to prosecute al-Megrahi successfully were the scientific identification of the circuit-board fragment, which would in turn establish its origin, and the identification of the purchaser of the clothes in Malta. The timers, the indictment stated, were made by a firm in Switzerland; their circuit board matched the fragment retrieved from Lockerbie, and they sold the timers exclusively to Libya. Everything, essentially, hinged on those links.

Who found the fragment? And who understood its relevance? Thomas Hayes of the Royal Armament Research and Development Establishment (RARDE) claimed the find (with his colleague Alan Feraday) and Thomas Thurman of the FBI claimed the analytical victory. All were swiftly hailed (or hailed themselves) as heroes. Thurman appeared on television on 15 November 1991, the day after indictments were issued against the two Libyans, boasting that he had identified the piece of circuit board as part of a timing device that might have been sold to Libyan Airlines staff. ‘I made the identification and I knew at that point what it meant. And because, if you will, I am an investigator as well as a forensic examiner, I knew where that would go. At that point we had no conclusive proof of the type of timing mechanism that was used in the bombing of 103. When that identification was made of the timer I knew that we had it.’ This was the claim – the hard evidence – that linked Libyans to the crime. If the claim was false the bereaved Lockerbie families have been deceived for 20 years.

On 13 September 1995 the FBI’s forensic department was the subject of a programme broadcast in the US by ABC. At its centre was a memorandum from the former head of explosive science at the FBI, Dr Frederic Whitehurst. It was a devastating indictment of a former colleague. The colleague was Thomas Thurman and the accusations related to his investigation of a terrorist attack in which a judge was killed by pipe bombs. Two years later, as a result of a review by the US inspector general, Michael Bromwich, into a large number of criminal investigations, Thomas Thurman was barred from FBI labs and from being called as an expert witness. Bromwich had discovered that he had no formal scientific qualifications and that, according to a former colleague, he had been ‘circumventing procedures and protocols, testifying to areas of expertise that he had no qualifications in . . . therefore fabricating evidence’. (...)

There were throughout two aspects of the investigation over which the Scottish authorities exerted little authority: in the US, the activities of the CIA and in particular of Thomas Thurman and the forensic branch of the FBI; in England, the forensic investigations of RARDE, carried out by Hayes and Feraday. Without Hayes’s findings, the Lockerbie prosecution would have been impossible. His evidence was that on 12 May 1989 he discovered and tweezed out from a remnant of cloth an electronic fragment, part of a circuit board. The remnant of cloth, part of a shirt collar, was then traced to a Maltese shop. A number of aspects of the original circuit board find were puzzling. The remnant was originally found in January 1989 by a DC Gilchrist and a DC McColm in the outer reaches of the area over which the bomb-blast debris was spread. It was labelled ‘cloth (charred)’ by him, but then overwritten as ‘debris’ even though the fragment of circuit board had not yet been ‘found’ by Hayes. The fragment found by Hayes, and identified as a MEBO circuit board by Thurman, meant that the thesis of an Air Malta involvement could survive. (...)

No forensic scientist knows when he conducts his examinations whether or when there will be a prosecution that will depend on them; this makes it all the more important that his notes are exact. Hayes confirmed that it was his practice to draw pieces of circuit board where he found them – for instance in the vicinity of blast-damaged material – but he made no such drawings of this item, nor had he given it an exhibit reference number as he had every other exhibit being designated at the time, nor did he carry out a standard test for traces of explosive. Almost a month after his inspection of the timer fragment, Hayes was identifying and drawing exhibits which were given reference numbers smaller than the number of the vital exhibit. He recorded his finding on page 51 of his notes, but the pages originally numbered 51-55 had been renumbered 52-56 at some point. Hayes stated that he had ‘no idea’ when the change in pagination was carried out. The inference put to Hayes was that the original page 51 and the following pages had been renumbered, an original page removed and space made to insert what was now page 51 of his notes.

Curiously, a memorandum from Hayes’s colleague Feraday, written on 15 September 1989, to a detective inspector working on the case, referred to a fragment of green circuit board: ‘Willy, enclosed are some Polaroid photographs of the green circuit board. Sorry about the quality, it is the best I can do in such a short time.’ No one was able to explain why there should have been any shortage of time to make available in September 1989 photographs of an item that had been found on 12 May. Feraday’s note continued: ‘I feel that this fragment could be potentially most important so any light your lads or lasses can shed upon the problem of identifying it will be most welcome.’ Again no one was able to explain what light the lads and lasses could shed on something it was most curious they had not seen before now, given that Hayes had recovered it in May. Clearly it could not have been seen by the police before the cloth was passed to Hayes at RARDE and the fragment extracted by him. If Hayes had photographed the exhibit, as was his normal practice, then Feraday would not have needed to rely on Polaroids of dubious quality. The issue of his notes’ pagination was described by Hayes as ‘an unfathomable mystery’. In view of the importance of exhibit PT/35(b), how could the court have been satisfied by this evidence? (...)

To discover that al-Megrahi’s conviction was in large part based on the evidence of scientists whose value as professional witnesses had been permanently and publicly demolished ten years before his trial is astounding. The discovery nearly two decades ago of a large number of wrongful convictions enabled by scientific evidence rightly led to demands that the community of forensic scientists change its ways. Similarly, a series of catastrophic misidentifications required the introduction of sound new practices for evidence based on that most fragile of human attributes, visual memory. Witnesses must not be prompted; a witness’s memory, as far as possible, must be as safely protected from contamination as a crime scene. The first description is vital. If a witness makes a positive identification of one individual, no subsequent identification of a second is permissible. Equivocation and uncertainty are not enough. Even if the science that convicted al-Megrahi had not offended against every minimum standard, then the second pillar of the prosecution case, his identification by Tony Gauci, the Maltese shopkeeper, would remain spectacular in its noncompliance with any safeguard. He described al-Megrahi as ‘6’0’’’ (he was 5’8’’), ‘50 years old’ (he was 37), and ‘hefty’; said that he ‘had been to the shop before and after’, ‘had been there only once’; that he ‘saw him in a bar months later’; that he ‘will sign statement even though I don’t speak English’; that al-Megrahi ‘was similar but not identical’, ‘perhaps like him but not fully like him’, and, fatally for any identification of al-Megrahi in the first place, that he was ‘like the man in the Sunday Times’ (in other words, like Abu Talb, whose picture Gauci had initially identified). But Gauci’s evidence was needed and, reports suggest, handsomely rewarded. He apparently now lives in Australia, supported by millions of US dollars.

That a court of three experienced judges convicted on such evidence and that an appeal court upheld the conviction is profoundly shocking. Köchler, the UN observer, reported finding the guilty verdict ‘incomprehensible’ in view of the court’s admission that Gauci’s identification was ‘not absolute’. We had come to believe that such an outcome, resting on invalid identification, was no longer possible. ‘The guilty verdict’, Köchler wrote, was ‘arbitrary, even irrational’ with an ‘air of international power politics’ present ‘in the whole verdict’, which was ‘based on a series of highly problematic inferences’. He remarked on the withholding of ‘substantial information’ (‘more or less openly exercised influence on the part of actors outside the judicial framework’) and on the very visible interference with the work of the Scottish prosecutors by US lawyers present in the well of the court. But most seriously, he set out his ‘suspicion that political considerations may have been overriding a strictly judicial evaluation of the case’. All of this harks back to the bad old days when a blind eye was turned to the way convictions were obtained.

Al-Megrahi’s trial constituted a unique legal construct, engineered to achieve a political rapprochement, but its content was so manipulated that in reality there was only ever an illusion of a trial. Dr Köchler recorded at its conclusion that it was ‘not fair’ and that it was not ‘conducted in an objective manner’, so that there were ‘many more questions and doubts at the end than the beginning’.

The Dutch TV documentary and reactions

[The Herald's report on the film shown last night in the Scottish Parliament can be read here. A letter from Dr Jim Swire in the same newspaper can be read here. The following are two accounts of the film from persons who attended the showing, and to whom I am extremely grateful.]

1. From Dr Swire

I saw the film last night in the Scottish Parliament. Lord Fraser, Stuart Henderson, Richard Marquise, Fred Whitehurst, Tom Thurman, Prof Hans Koechler and Robert Baer all made contributions in it.

The subject was the famous 'timer circuit board fragment', called PT35B in the court records.

There was evidence of widespread confusion over what was supposed to have been the way in which PT35B was handled, some claimed it had been to the USA others that it had not. The impression was that at least some of these were trying to contribute to a story the truth of which they did not want us to know.

Their stories could not all be true, for they differ widely.

'Oh what a complex web we weave when first we practice to deceive'

For me Robert Baer of the CIA was the most significant. His view was basically that of course it was a Iranian/Syrian job, but that even the USA (and therefore the UK) could not confront Iran militarily over it. That would, without question, have been to strangle the straits of Hormuz and therefore US oil supplies for a start. That sounds common sense to me.

The interviewer of these men was Gideon Levy himself [the film-maker], who showed great skill in extracting a maximum of information from them.

There was one criticism and that was that the film did show the famous picture of a tiny piece of circuit board on someone's finger tip. This is a picture of a shattered piece from a domestic cct board such as a tape recorder. It carried the codes of the former components printed in white on the fragment which appeared to have been of 'Paxolin' (mid brown) and bore no resemblance to a piece of fibre-glass board.

Use of this image will cause some confusion and allow the critics to get their knives in.

Otherwise it gave excellent support to the idea that the PT35B fragment has a very suspicious history, lacking the confirmed freedom from interference required of any significant item of 'evidence' for use in a murder trial.

I was able to point out at the end that PT35B also appeared to be something that could hardly have survived such close proximity to the Semtex charge, and that at least two independent explosives firms have confirmed this. Also that its police evidence bag had had its label interfered with, while its entry into the UK forensic report appeared to have been a hasty afterthought, requiring renumbering of the subsequent pages.

There is also said to be evidence that PT35B was never tested prior to the trial, for explosives residues, but that this has now been done and shown no trace of such residues.

Incredibly one contributor to the film claimed that the failure to do this was ' for reasons of economy'. Can you believe it? PT35B was only the most important forensic item in the entire 'evidence' armoury.

2. From an interested observer

Although the film obviously had the approval of all (or most?) of those present, my own feeling is that it required the audience to already know something – of course it did the usual intro.

Around 18:05, Christine Grahame (MSP) introduced one or two of the better known names. Then hands over to Gideon Levy who introduces his film – played, I think, from his laptop to a beamer (not the BMW variety). His preamble is simply to say we will see conflicting statement between CIA and Scottish authorities.

*Film starts

*Initially just various quotes for effect, giving cause to doubt the verdict. And then showing that he has been to a ceremony for the 20th anniversary at Arlington.

*In charge of the investigation were Marquise (FBI) and Stewart Henderson, Scottish Police.

*Interview with Hans Köchler and a review of his opinion; why one guilty verdict and one not guilty? Initial indictment based on conspiracy, so how could it change?

*Interview with Ian Ferguson [co-author of Cover-Up of Convenience: The Hidden Scandal of Lockerbie] (who turns up at other times in film).

*Chopping of interviews with Bob Baer (ex CIA), Fred Whitehurst (FBI), and Marquise and Lord Fraser; he (Levy) required of all his interviewees a handshake on their saying that they’d tell him the truth. They all agreed (although one of them – possibly Marquise, can’t remember – did reserve the right not to answer a question).

*Fraser says his successors (4 or 5 of different parties) could have stopped the proceeding

*Marquise shown Bob Baer saying he had been a bomb maker for the CIA. He (BB) found it very unlikely that anyone would have a bomb transferred from Malta to Frankfurt to Heathrow and onwards.

*BB mentions PFLP-GC (on behalf of Iran) being responsible after the USS Vincennes/Iran Air

*Why was the agent Khreesat released back to Jordan by the German BKA; Fraser said K was double agent of PFLP and CIA; Marquise suggested double agent of PFLP and Jordan spying agency.

*Ferguson (on film) now says there was a change of focus in the investigation because the U.S. was somehow involved.

*A video is shown of Gaddafi (we have to rely on subtitles naturally) saying U.S. companies have had to pay to get back in to Libya – the same amount as Libya has paid out to relatives of victims.

*Marquise says no money paid to witnesses prior to the trial; does not answer regarding after the trial.

*Fraser says he gave instructions, there should be no money to be paid to witnesses; admits he was conscious of the effects if discovered afterwards.

*Tom Thurman explains his analysis of the circuit chip which he found – it is pointed out by Gideon Levy that T.T’s degree is in political science.

*Whitehurst says that Thurman altered his (W.’s) reports. W. also asks why the chip was given to the FBI when the Brits should have experts to look at it. (Fraser denies knowing chip was ever in USA). W. claims it is Thurman’s finger behind the chip fragment in the photo ‘going the rounds’ – later in film, TT seems to agree, or at least lets the comment of Levy go without any complaint. Marquise says it was brought to the U.S. – Fraser is seen raising his eyebrows!

*Ferguson asks why fragment not tested for explosive residue – talk of cost, but various people waffle (sorry can’t really explain what was going on here, except that people could not really believe cost was a factor).

*Fraser states that he was never satisfied with the investigation that went into the PFLP-GC – should have been pushed further to show that they were not involved.

*Thurman denies that he was thrown out of his job, he retired voluntarily; his opinion regarding the fragment was verified in England.

*Marquise acknowledges “People don’t trust government”

*Then Marquise at Arlington (in company of Henderson) says the fragment was never in the U.S., but the circuit board was in the U.S. (yes, I am confused – perhaps he was talking of an example of such a circuit board). Henderson confirms fragment never left the U.K. Henderson says loudly in walking away ‘culprit is in custody’.

*Film ends, but Levy now adds that he received a letter from Marquise after the shooting while the film was being completed to say that (effectively) to clarify the interview he had given, he agrees that the fragment did come to Washington but under the control of Faraday of the U.K.

After the film, the two MSPs Christine Grahame and Margo MacDonald lead the ‘discussion’ – not much is actually discussed – mostly just points people want to draw attention to. Dr Swire speaks first on the film, and then to the question of the break-in at Heathrow the night before the crash. Asks why there were no restrictions on flights because of that breach of security. Also wanted to know why details of the break-in only became public knowledge (or at least available to defence) very late. Prof John Grant gives his opinion and is asked a couple of legal questions by one of the MSPs. Swire also asks Grant about the break-in and whether it can still be used in argument. Grant wants to know why Scottish Criminal Cases Review Commission have not published their reasons – says they do publish a couple of wishy-washy (my words) paragraphs, but no detail.

Lockerbie: Human rights lawyer states Megrahi was framed

[This is the headline over an article on the World Socialist Web Site. It consists largely of a summary of Gareth Peirce's recent contribution in the London Review of Books. The following are excerpts from the new article.]

Leading British human rights lawyer Gareth Peirce has stated that, in her opinion Abdel Baset Ali al-Megrahi, the only man ... convicted of the 1988 bombing of PanAm flight 103 over Lockerbie, Scotland, was framed.

Peirce has a long track record of defending those caught in the British legal system’s most notorious miscarriages of justice. Her clients have included the Birmingham Six, the Guildford Four and Judith Ward, all of whom were Irish people accused and wrongly convicted of IRA bomb attacks in the 1970s. More recently Peirce has taken up a number of high profile cases of individuals accused in the so-called “war on terror”, including the Tipton Three and Moazam Begg, held illegally by the US government in Guantánamo Bay. She has represented the family of Jean Charles de Menezes, an innocent man shot dead by British police in Stockwell underground station in 2005.

Writing in the September edition of the London Review of Books, Peirce, of the law firm headed by Benedict Birnberg, summarises some of the most concerning, and well known, aspects of the entire Lockerbie disaster in which 270 people died, and the subsequent investigation. (...)

Abdel Baset Ali al-Megrahi and his co-accused, Llamen Khalifa Fhimah, were handed over by the Libyan government in 1999. The trial opened at a converted US airbase in the Netherlands in 2000. The indictment against Megrahi read that an MST 13 bomb timer was made in Switzerland, by MEBO AG, and sold exclusively to Libya.

Identification of the timer rested on the efforts of Thomas Hayes and Alan Feraday of the Royal Armament and Development Establishment (RARDE), along with Thomas Thurman of the Federal Bureau of Investigation (FBI).

In 1997, following an investigation by the US inspector general, Michael Bromwich, Thurman was barred from being called as an expert witness. Bromwich described Thurman as “circumventing procedures and protocols, testifying to areas of expertise that he had no qualifications in...therefore fabricating evidence”.

Thomas Hayes claimed that on May 12, 1989, he found a fragment of circuit board in the collar of a shirt later traced to a Maltese shop. The fragment itself had been found in January 1989 by British police investigating the crash site.

Peirce states, “Even if one knew nothing of the devastating findings of the public inquiry in the early 1990s into the false science that convicted the Maguire Seven or of the succession of thunderous judgments in the Court of Appeal in case after case in which RARDE scientists had provided the basis for wrongful convictions, Hayes’s key evidence in this case on the key fragment should be viewed as disgraceful”.

“Hayes”, Peirce continues, “played his part in the most notorious [miscarriage case] of all, endorsing the finding of an explosive trace that was never there, and speculating that a piece of chalk mentioned to the police by Vincent Maguire, aged 16, and a candle by Patrick Maguire, aged 13, ‘fitted the description better’ of a stick of gelignite wrapped in white paper”.

Hayes’s information regarding this crucial piece of Lockerbie evidence was also flawed. Despite having carefully documented every other piece of evidence he found, Hayes had made no drawing of this particular item and had not assigned it a reference number on discovery. He had not carried out a test for explosives. Hayes said he had “no idea” when the pagination of his notes recording findings had been altered to include an additional page, and it was an “unfathomable mystery” as to why the alterations should have occurred. (...)

She describes the verdict delivered in 2001 by three experienced judges, upheld later by five appeal court judges as “profoundly shocking”, and makes the following devastating assessment:

“Al-Megrahi’s trial constituted a unique legal construct, engineered to achieve a political rapprochement, but its content was so manipulated that in reality there was only ever an illusion of a trial”.

Peirce concludes that there is “pressing need to investigate in details how it has come about that there has been a form of death in this case—the death of justice—and who should be found responsible”.

Subsequent to Peirce’s comments, more revelations have emerged about the crucial piece of MST 13 circuit board. Following a Freedom of Information request raised by Scottish Nationalist Member of the Scottish Parliament Christine Graham, the Scottish Crown Office has confirmed that evidence item PT-35, the piece of circuit board found by Hayes, was taken for examination to both Germany and the US. Graham claimed that this was done with the knowledge of the then chief prosecutor, Lord Fraser of Carmyllie, who recently told a Dutch television company that he was unaware of the fragment’s movements.

Megrahi was released by Scottish Justice Secretary Kenny Macaskill in August, allegedly on humanitarian grounds. It occurred at a time when the Libyan government had made clear that, if the terminally ill Megrahi had been allowed to die in Greenock prison, British oil contracts would have been imperilled. In addition, Megrahi had agreed to drop a long delayed appeal against his conviction in order to secure his release.

The release triggered outrage from the US in particular and was attacked by President Barack Obama, US Secretary of State Hillary Clinton, the head of the FBI, and the US Joint Chief of Staff amongst many. Commentary went as far as suggesting that the so-called “special relationship” between British and US imperialism, and Scotland in particular, was imperiled.

All this has been forgotten. On September 21, US State Department spokesman Ian Kelly informed the world that the US had “deep abiding ties with Scotland”. Kelly continued, “We are very close allies, and I don’t think we’re looking to punish anybody per se. There’s no tit for tat here”.

Three weeks later, speaking before a meeting with UK Prime Minister Gordon Brown, Clinton stated, “I have a special relationship with the prime minister. And of course, I think it can’t be said often enough, we have a special relationship between our countries”.

What was said between the two regarding Lockerbie is not clear, but the meeting came immediately prior to the British government’s decision to send an additional 500 troops to Afghanistan. Brown has subsequently ruled out a public inquiry into the bombing, while the Scottish government have denied they had the power to hold an authoritative inquiry in the first place.

Clinton also called in the Libyan government, speaking for 15 minutes en route to Egypt with Libyan Foreign Minister and former intelligence chief Musa Kusa. According to US Assistant Secretary Philip Crowley, the two talked of “Sudan, Darfur, cooperation about terrorism and the possibility of advancing our relationship”.

Crowley claimed that Megrahi was not discussed, lamely stating that “the Libyans understand our concerns about Megrahi very, very well”.

Reaction to Newsnight programme

[The following e-mail was sent by Frank Duggan to Tom Thurman and copied to Mark Hirst and me amongst others.]

Tom - that BBC video is rubbish. It must gall you to have your own experience and background deliberately misstated, but worse, to have the whole investigation continually called into question by others with unsupported theories. I would hope that there would be one reporter in the UK who would understand that the piece of timer in question, as well as other pieces of evidence, were not destroyed because the plane was not blown up! It was torn apart, and even pieces of paper that were in that suitcase were recovered. Perhaps we can remind them what happens when a pinhole is made in a balloon, and that the relatively small explosive charge created a gas shockwave penetrating the skin of the plane and blowing off the front nose portion.

Perhaps I am asking too much.

[The following e-mail was sent by Mark Hirst to Frank Duggan and copied to me.]

Tom Thurman complains [in an e-mail to Richard Marquise] that the BBC left out his other "relevant" background. Fred Whitehurst (former FBI Crime Lab Supervisor) has made it plain Thurman could not in any way describe himself as a scientist. He is certainly not qualified in the Printed Circuit Board (PCB) industry. Furthermore his comments related to PT35 confirm that the "link" was made not through scientific tests, but merely through a visual ID of the circuit board, after the most experienced explosive experts in the UK could not identify it, nor could the dozens of PCB manufacturers that police investigators visited.

As a former PCB quality assurance inspector myself (with the largest PCB manufacturer in the world) and who has spoken to a number of colleagues in the industry, there are a large number of scientific tests that could have, and should have, been carried out on PT35, but which were not. These would have given a clearer indication whether this fragment came from the timer device alleged. But as is clear in the trial transcript and below there was no actual scientific testing applied to this fragment, beyond the visual ID of a man whose professional integrity has, as is already widely known and reported, been brought into serious question in other criminal investigations. Sadly the same is true of Mr Feraday and the dubious forensic evidence he provided in other serious miscarriages of justice in the UK.

Sadly the Crown Office statement once again seems more concerned with upholding the reputation of the conviction, regardless of whether it deserves it or not - it clearly does not in this case. They are defending the indefensible, and leading the Scottish legal system further into the mire.

As a lifelong Scottish patriot, it pains me to say it but the reputation of the much vaunted independent Scottish legal system has been irredeemably damaged by this shoddy conviction, made worse by the subsequent sycophantic statements by the Crown Office to appease extreme right wing political sentiment in the US, whilst all the time one of the prime (PFLP-GC) suspects in this case sits comfortably in his home in Washington... What tragic irony.

Mr Duggan and those behind him (and I don't mean the US relatives of PA103) may take comfort in the knowledge that they are in some way reflecting and upholding the realpolitik of US global geo-political interests in persisting in the utter nonsense of this conviction, but eventually, regardless of the "appropriateness" of the forum, the full truth of this atrocity will come to light sooner or later. I would suggest, if they have not already done so, that the Crown Office press team begin drafting some preparatory lines to reflect that reality as it continues to enter the public domain, if we have any hope of salvaging the reputation of Scots law. I fear however it may be too late.

FBI Lockerbie explosives expert comments on Boston bombing

[What follows is an excerpt from a report headlined FBI combs Boston crime scene for clues published this evening on the website of The Financial Times:]

Tom Thurman, a former FBI explosives specialist who was involved in the investigations of the bombing of the Pan Am flight over Lockerbie and the 1993 World Trade Center bombing, said the fact that the bombs produced white smoke indicated they were probably an improvised device. While military explosives such as C4 cause big plumes of black smoke, he said, white smoke was usually the result of a device that contained gunpowder or a commercial rock-blasting explosive such as dynamite.

Mr Thurman, now at eastern Kentucky University, said an improvised device would need to be packed into some form of container such as a pipe, which could explain the reports of extensive shrapnel wounds among some of the victims.

While the FBI, which is leading the investigation, said it was pursuing a number of leads, former security officers warned that such cases can sometimes take a long time to resolve.

[It was Tom Thurman who purportedly identified the crucial Lockerbie circuit board fragment as coming from a MEBO MST-13 timer. Posts on this blog in which he is mentioned can be accessed here.]

“It is not difficult to achieve a conviction of the innocent"

[What follows is the text of an article by Steve James that was published on the World Socialist Web Site on this date in 2009:]

Leading British human rights lawyer Gareth Peirce has stated that, in her opinion Abdel Baset Ali al-Megrahi, the only man accused and convicted of the 1988 bombing of PanAm flight 103 over Lockerbie, Scotland, was framed.

Pierce has a long track record of defending those caught in the British legal system’s most notorious miscarriages of justice. Her clients have included the Birmingham Six, the Guildford Four and Judith Ward, all of whom were Irish people accused and wrongly convicted of IRA bomb attacks in the 1970s. More recently Peirce has taken up a number of high profile cases of individuals accused in the so-called “war on terror”, including the Tipton Three and Moazam Begg, held illegally by the US government in Guantánamo Bay. She has represented the family of Jean Charles de Menezes, an innocent man shot dead by British police in Stockwell underground station in 2005.

Writing in the September edition of the London Review of Books, Peirce, of the law firm headed by Benedict Birnberg, summarises some of the most concerning, and well known, aspects of the entire Lockerbie disaster in which 270 people died, and the subsequent investigation.

She points to the advance warnings of an attack on Pan Am flights from London, the role of the FBI and others who flooded the crash site, the lack of security on the site and tampered evidence, including moved bodies. She notes the initial trajectory of the investigation, which pointed to the Popular Front for the Liberation of Palestine-General Command (PFLP-GC) acting on behalf of Iran having used a barometric bomb to bring down the 747. She also notes that a barometric bomb, one triggered by changes in air pressure, would have exploded only after PA 103 reached a certain height—some 38 minutes into the flight from Heathrow—precisely when the plane disintegrated.

She reviews the subsequent change in focus from Syria and Iran to Libya, which was in line with US foreign policy objectives at the time. Firstly, then US President George Bush, senior, instructed then UK Prime Minister Margaret Thatcher to keep the Lockerbie investigation “low key” to assist hostage negotiations underway in Beirut. As a result, rather than a judicial inquiry and prosecution, a Fatal Accident Inquiry (FAI) with no powers of subpoena was held.

Then, following the Iraqi invasion of Kuwait in 1991, Iran and Syria both assisted the US invasion of Iraq. It was at this time that the focus of the Lockerbie investigation was shifted. Vincent Cannistraro, the architect of the Reagan administration’s CIA campaign of destabilisation against the Libyan government of Colonel Muammar Gadhaffi, was brought out of retirement to head the new line of investigation.

Peirce writes, “It is not difficult to achieve a conviction of the innocent. Over many decades several common factors have been identified, and the majority of them are present, centre stage, in this case: achieving the cooperation of witnesses by means of a combination of inducements and fear of the alternative (the tried and tested method of obtaining evidence for the prosecution on which many US cases rely); the provision of factual information by scientists where there is no proper basis for it (a recurrent theme in UK convictions as well as in the US); reliance on ‘identification’ evidence which is no such thing. Add to that the political will to achieve a prosecution, and the rest is easy”.

Abdel Baset Ali al-Megrahi and his co-accused, Llamen Khalifa Fhimah, were handed over by the Libyan government in 1999. The trial opened at a converted US airbase in the Netherlands in 2000. The indictment against Megrahi read that an MST 13 bomb timer was made in Switzerland, by MEBO AG, and sold exclusively to Libya. Identification of the timer rested on the efforts of Thomas Hayes and Alan Feraday of the Royal Armament and Development Establishment (RARDE), along with Thomas Thurman of the Federal Bureau of Investigation (FBI).

In 1997, following an investigation by the US inspector general, Michael Bromwich, Thurman was barred from being called as an expert witness. Bromwich described Thurman as “circumventing procedures and protocols, testifying to areas of expertise that he had no qualifications in...therefore fabricating evidence”.

Thomas Hayes claimed that on May 12, 1989, he found a fragment of circuit board in the collar of a shirt later traced to a Maltese shop. The fragment itself had been found in January 1989 by British police investigating the crash site.

Peirce states, “Even if one knew nothing of the devastating findings of the public inquiry in the early 1990s into the false science that convicted the Maguire Seven or of the succession of thunderous judgments in the Court of Appeal in case after case in which RARDE scientists had provided the basis for wrongful convictions, Hayes’s key evidence in this case on the key fragment should be viewed as disgraceful”.

“Hayes”, Peirce continues, “played his part in the most notorious of all, endorsing the finding of an explosive trace that was never there, and speculating that a piece of chalk mentioned to the police by Vincent Maguire, aged 16, and a candle by Patrick Maguire, aged 13, ‘fitted the description better’ of a stick of gelignite wrapped in white paper”.

Hayes’s information regarding this crucial piece of Lockerbie evidence was also flawed. Despite having carefully documented every other piece of evidence he found, Hayes had made no drawing of this particular item and had not assigned it a reference number on discovery. He had not carried out a test for explosives. Hayes said he had “no idea” when the pagination of his notes recording findings had been altered to include an additional page, and it was an “unfathomable mystery” as to why the alterations should have occurred.

Following an investigation into RARDE by Sir John May, Hayes resigned and is now reported to be working as a chiropodist.

Pierce then turns to the visual identification of Megrahi.

“Even if the science that convicted al-Megrahi had not offended against every minimum standard, then the second pillar of the prosecution case, his identification by Tony Gauci, the Maltese shopkeeper, would remain spectacular in its noncompliance with any safeguard”.

Pierce notes the numerous failings in the evidence provided by Gauci, his initial identification of Abu Talb, of the PFLP-GC, and reiterates the suggestion that Gauci was “handsomely rewarded” for his services.

She describes the verdict delivered in 2001 by three experienced judges, upheld later by five appeal court judges as “profoundly shocking”, and makes the following devastating assessment:

“Al-Megrahi’s trial constituted a unique legal construct, engineered to achieve a political rapprochement, but its content was so manipulated that in reality there was only ever an illusion of a trial”.

Peirce concludes that there is “pressing need to investigate in details how it has come about that there has been a form of death in this case—the death of justice—and who should be found responsible”.

Subsequent to Peirce’s comments, more revelations have emerged about the crucial piece of MST 13 circuit board. Following a Freedom of Information request raised by Scottish Nationalist Member of the Scottish Parliament Christine Grahame, the Scottish Crown Office has confirmed that evidence item PT-35, the piece of circuit board found by Hayes, was taken for examination to both Germany and the US. Graham claimed that this was done with the knowledge of the then chief prosecutor, Lord Fraser of Carmylie, who recently told a Dutch television company that he was unaware of the fragment’s movements.

Megrahi was released by Scottish Justice Secretary Kenny Macaskill in August, allegedly on humanitarian grounds. It occurred at a time when the Libyan government had made clear that, if the terminally ill Megrahi had been allowed to die in Greenock prison, British oil contracts would have been imperilled. In addition, Megrahi had agreed to drop a long delayed appeal against his conviction in order to secure his release.

The release triggered outrage from the US in particular and was attacked by President Barack Obama, US Secretary of State Hilary Clinton, the head of the FBI, and the US Joint Chief of Staff amongst many. Commentary went as far as suggesting that the so-called “special relationship” between British and US imperialism, and Scotland in particular, was imperiled.

All this has been forgotten. On September 21, US State Department spokesman Ian Kelly informed the world that the US had “deep abiding ties with Scotland”. Kelly continued, “We are very close allies, and I don’t think we’re looking to punish anybody per se. There’s no tit for tat here”.

Three weeks later, speaking before a meeting with UK Prime Minister Gordon Brown, Clinton stated, “I have a special relationship with the prime minister. And of course, I think it can’t be said often enough, we have a special relationship between our countries”.

What was said between the two regarding Lockerbie is not clear, but the meeting came immediately prior to the British government’s decision to send an additional 500 troops to Afghanistan. Brown has subsequently ruled out a public inquiry into the bombing, while the Scottish government have denied they had the power to hold an authoritative inquiry in the first place.

Clinton also called in the Libyan government, speaking for 15 minutes en route to Egypt with Libyan Foreign Minister and former intelligence chief Musa Kusa. According to US Assistant Secretary Philip Crowley, the two talked of “Sudan, Darfur, cooperation about terrorism and the possibility of advancing our relationship”.

Crowley claimed that Megrahi was not discussed, lamely stating that “the Libyans understand our concerns about Megrahi very, very well”.

Dramatic shortcomings and errors

[What follows is the text of a press release issued by Professor Hans Köchler on this date in 2005:]

Vienna, 14 October 2005/P/RE/19402c-is

The Austrian professor who was appointed by the United Nations as international observer at the Lockerbie trial in the Netherlands today commented on reports in the Scottish and British media about new doubts on the handling of the case by the judicial authorities.

Dr Hans Koechler said that the dramatic shortcomings and errors in the conduct of the trial that have been brought to the attention of the Scottish Criminal Cases Review Commission (SCCRC) confirm his earlier assessment that the Lockerbie trial resulted in a “spectacular miscarriage of justice.” (BBC News, 14 March 2002) Dr Koechler pointed to the following information that transpired in the media and that puts in doubt the very integrity of the judicial process in the Lockerbie case:

1.          The credibility of a key forensic expert in the trial, Mr Allen Feraday (UK), has been shattered. It was revealed that “in three separate cases men against whom Mr Feraday gave evidence have now had their convictions overturned” (BBC, 19 August 2005). Mr Feraday had told the Lockerbie court that a circuit board fragment found after the disaster was part of the detonator used in the bomb on board Pan Am flight 103. In the first case where Mr Feraday’s credibility had been questioned the Lord Chief Justice had stated that Mr Feraday should not be allowed to present himself an expert in electronics.

2.          A retired Scottish police officer has signed a statement confirming that the evidence that found Al-Megrahi guilty was fabricated. The police chief, whose identity has not yet been revealed, testified “that the CIA planted the tiny fragment of circuit board crucial in convicting a Libyan” for the bombing of the Pan Am jet (Scotland on Sunday, 28 August 2005). The fragment was supposedly part of the timing device that triggered the bomb. The circumstances of its discovery – in a wooded area many miles from Lockerbie months after the atrocity – have been mysterious from the very beginning.

3.          Much earlier, a forensic specialist of the American FBI, Tom Thurman, who was publicly credited with figuring out the fragment’s evidentiary importance, was later discredited as a forensic expert. A 1997 report by the US Justice Department’s Office of the Inspector General found “that in a number of cases other than Lockerbie, Thurman rewrote lab reports, making them more favorable to the prosecution. The report also recommended Thurman be reassigned to a non-scientific job because he lacked a background in science.” (American RadioWorks / Public Radio, March 2000)

4.          The most recent revelation relates to a mix-up of forensic evidence recovered on the ground in Lockerbie with material used during a series of test explosions in the course of the investigation. In one case, a garment which was damaged in a test explosion was presented as if it was the original garment found on the ground (which was completely undamaged). This garment was supposedly placed in the suitcase containing the bomb. “It casts serious doubts over the prosecution case because certain items that should have been destroyed if they were in the case containing the bomb are now known to have survived the blast.” (The Observer, London, 9 October 2005)

All these facts – which are now before the Scottish Criminal Cases Review Commission – confirm the serious doubts about the Lockerbie proceedings originally raised by the UN-appointed observer, Dr Hans Koechler. In his comprehensive reports on and evaluation of the Lockerbie trial (2001) and appeal (2002) as well as in his statement on the compensation deal made between the US, UK and Libya in 2003, Dr Koechler had criticized the highly politicized circumstances in which the case was handled and drew the attention of the international public to the possible interference of intelligence services from more than one country.

New light is being shed on his original conclusion that the trial was not fair and that the basic requirements of due process had been neglected by what The Herald (Glasgow) most recently has referred to as a “distasteful political fix” (12 October 2005). It has been reported that secret talks are under way to transfer the convicted Libyan national to a North African country, which may frustrate the efforts at a retrial under Scottish law. It is worthy to note, in that regard, that the decision of the SCCRC about a retrial or new appeal has again been delayed until some time next year, Dr. Koechler said. As reported by The Herald, it appears that the key players – the three countries involved in the Lockerbie dispute – “are so anxious to avoid a retrial that officials are said to have held secret talks to secure a get-out clause.” Commenting on these revelations, Dr Koechler stated that only a retrial, if conducted in a fair, impartial and transparent manner according to the requirements set by UN Security Council resolution 1192 (1998), including the presence of international observers, will do justice to the convicted Libyan national and to the victims’ families who deserve to know the full truth about the case. This is also imperative under the fair trial standards set by the European Convention for the Protection of Human Rights and Fundamental Freedoms, he said.

Dr Koechler reiterated his call for an independent public inquiry about the background of the terrorist crime as well as the criminal investigation and prosecution by the Scottish judiciary and the institutions of the United Kingdom. He stated that the falsification of evidence, selective presentation of evidence,  manipulation of reports, interference into the conduct of judicial proceedings by intelligence services, etc. are criminal offenses in any country. In view of the above new revelations and in regard to previously known facts as reported in Dr Koechler’s reports, the question of possible criminal responsibility, under Scots law, of people involved in the Lockerbie trial should be carefully studied by the competent prosecutorial authorities.

In a TV talk with Anne Mackenzie for BBC Newsnight Scotland (1 September 2005) Dr Koechler said that, while he does not question the integrity of Scots law as such, the handling of the Lockerbie trial has nevertheless seriously damaged the reputation of the Scottish legal system. A “political fix” such as the one reported last week in the Scottish and British media would confirm these doubts and further undermine the confidence in the integrity of the Scottish judicial system. He also said that he is afraid that, because of the political interests involved in the case, the full truth – including the identity of those responsible for the planning, financing and actual perpetration of the crime – may never be known.

In today’s statement Dr Koechler emphasized that the “global war on terror” cannot be fought credibly and with a chance of success if – in the worst case of terrorism in the history of the United Kingdom – the search for truth is abandoned for political expediency and criminal justice, i.e. the rule of law, is sacrificed on the altar of political and commercial interests.

Credibility and Thurman, Gauci, Feraday

Posted on Oh No! Not another Lockerbie Blog... today is an item headed The Credible Witnesses of the Lockerbie Trial. It considers the evidence of Thomas Thurman [RB: Thurman was not, of course, a witness at Zeist but he it was who “identified” the dodgy circuit board fragment PT/35(b) as supposedly coming from a MST-13 timer]; Tony Gauci; and Alan Feraday. Further witnesses are to be dealt with in subsequent posts.

Note for those of impaired judgment: the description of these witnesses as “credible” in the post’s title is ironical.

Forensic report on the Lockerbie bombing

[This is the title of a long article by Dr J U Cameron published yesterday on John Cameron's Blog. It reads in part:]

One of the UK’s foremost criminal lawyers, Michael Mansfield has long warned against over-reliance on forensic evidence to secure convictions. He said “Forensic science is not immutable and the biggest mistake that anyone can make is to believe that its practioners are somehow beyond reproach. Some of the worst miscarriages of justice in British legal history have come from cases in which the forensic science was later shown to have been grossly misleading.” There is, in fact, a kind of “canteen culture” in forensic science which encourages officers to see themselves as part of the prosecuting team rather than investigators seeking the truth.

At first this did not seem to matter in the aftermath of the destruction Pan Am Flight 103 over Lockerbie. It was quickly established by air accident investigators that there had been an explosion in the forward cargo hold in the baggage container AVE 4041. Fragments of a Samsonite suitcase which appeared to have contained the bomb were recovered, together with parts of a Toshiba Bombeat radio cassette recorder in which the bomb had been concealed. There were also items of clothing which looked as if they had also been in the case. At this stage the forensic evidence appeared robust and no credible doubt has been raised in the years since the event that this was the method by which the plane was destroyed.

The police discovered that the baggage container AVE 4041 had been loaded with interline baggage at Heathrow. The baggage had been x-rayed by Sulkash Kamboj of Alert Security, an affiliate company of Pan Am. John Bedford, a loader-driver employed by Pan Am told police that he had placed a number of cases in the container before leaving for a tea break. When he returned he found an additional two cases had been added, one of which was a distinctive brown Samsonite case. Bedford said that Kamboj had told him he had added the two cases. When questioned by the police, Kamboj denied he had added the cases or told Bedford he had done so. This matter was only resolved at the trial when under cross examination Kamboj admitted that Bedford was telling the truth.

All the evidence at this stage pointed to the Popular Front for the Liberation of Palestine –General Command (PFLP-GC). Five weeks before Lockerbie, a PFLP-GC cell was apprehended in Germany. Haffez Dalkamoni, right-hand man to the group’s leader Ahmad Jibril, and the bomb-maker, Marwen Khreesat, were arrested while visiting electrical shops in Frankfurt. In the boot of Dalkamoni’s car was a Toshiba cassette recorder with Semtex moulded inside it, a simple time delay switch and a barometric switch. Under German police interrogation, Dalkamoni admitted he had supervised Khreesat when he built bombs into a Toshiba radio cassette player, two radio tuners and a TV monitor. He also admitted that Khreesat had built other bombs including a second Toshiba containing similar pressure switches but he claimed to have no knowledge of its whereabouts.

The involvement of the PFLP-GC was consistent with what was assumed at the time to be the motive for the Pan Am atrocity. In July 1988 Iran Air Flight 655, a passenger jet containing some 300 Iranian pilgrims, had been shot down over the Persian Gulf by the renegade US battlecruiser Vincennes. Not only did America refuse to apologize, the captain of the ship and his gunnery officer were decorated for their actions. This crass behaviour caused outrage within Iran and throughout the Middle East. Tehran Radio condemned the attack as an act of naked aggression and announced it would be avenged ‘in blood-splattered skies’.

Soon the US Air Force Command was issuing warnings to its civilian contractors: ‘We believe Iran will strike back in a tit for tat fashion with mass casualties.’ Later warnings were more specific: ‘We believe Europe is the likely target for a retaliatory attack due to the large concentration of Americans and the established terrorist infrastructures in place throughout Europe.’

Within weeks the CIA reported that Ahmad Jibril, the leader of the PFLP-GC had met government officials in Iran and offered his services. Interpol circulated warnings about the PFLP-GC bombs to all European airports. Heathrow Airport issued its own warning to security staff, stating that it was ‘imperative that when screening or searching radios, radio cassette players and other electrical equipment, staff remain extra vigilant’. After the arrest of the PFLP-GC cell Heathrow received more information, including photographs of the Toshiba bomb from the German authorities.

In the aftermath of Lockerbie, all the Toshiba cassette bombs seized by the Germans were tested and found to run for 30 minutes after they were set. The advantage of the barometric timer employed is that it is not activated until the plane is airborne so the bomb will not go off on the ground if the flight is delayed. Some seven or eight minutes will elapse as the aircraft gains height and the air pressure drops enough to activate a barometric timer set to go off 30 minutes later, i.e. 37 or 38 minutes after the flight took off. It was precisely 38 minutes after Pan Am Flight 103 took off from Heathrow on 21 December 1988 that it exploded over Lockerbie.

The clothing thought to have been in the suitcase with the bomb contained labels which allowed the items to be traced to a shop in Malta. A member of Dalkamoni’s cell, Abu Talb, who was then awaiting trial for separate offences in Sweden, was known to have visited Malta shortly before the atrocity. When first questioned the owner of the shop, Tony Gauci, described the purchaser of the clothes as a dark-skinned, 50 year old man over six feet in height – which fitted Abu Talb – and identified him from a photograph.

The US Defense Intelligence Agency (DIA) issued a memo on September 24th, 1989 which stated, “The bombing of the Pan Am flight was conceived, authorised and financed by Ali-Akbar Mohtashemi-Pur, Iran’s former interior minister. The execution of the operation was contracted to Ahmad Jibril, Popular Front for the Liberation of Palestine General Command leader, for a sum of $1m. $100,000 of this money was given to Jibril up front in Damascus by the Iranian ambassador to Syria, Muhammad Hussan Akhari for initial expenses. The remainder of the money was to be paid after successful completion of the mission.”

A DIA briefing in December 1989 entitled “Pan Am 103, Deadly Co-operation” confirmed the American belief that Iran was the state sponsor of the bombing. It claimed that the PFLP-GC was “fast becoming an Iranian proxy” and that the destruction of Pan Am flight 103 to avenge the shooting down of the Iran Air 655 airbus was the result of such Iranian and PFLP-GC co-operation. It specifically discounted Libya’s involvement in the bombing on the basis that there was “no current credible intelligence” implicating her. It stated: “Following a brief increase in anti-US terrorist attacks after the US airstrike on Libya in 1986, Gaddafi has made an effort to distance Libya from terrorist attacks.”

Then, in August 1990, Saddam Hussein invaded Kuwait thereby putting at risk the stability of the Saudi and Gulf sheikhdoms on which the West depended to preserve the status quo in the region. A sudden shift of alliances was necessary. If Iraq was to be confronted, then Iran had to be treated with kid gloves and the Syrian regime must be brought on board. At the beginning of 1991 Syrians joined Western troops in the attack on Saddam’s invading army and the increasingly isolated Colonel Gadaffi gradually became the chief suspect on the Lockerbie bombing.

As a result of the change in overall narrative and the fact that there had been absolutely no Libyan activity in London, interest in Heathrow as the scene of the bomb planting suddenly ceased. Now the Maltese connection became crucial. Heretofore it had simply been assumed the clothes were purchased at a Maltese tourist shop in preference to the more regulated shops of Frankfurt or London.

But there was a long standing connection between Malta and Libya which survived all the twists and turns of international diplomacy. In particular, it was one of the key conduits through which essential supplies could be transferred to Tripoli when Gaddafi’s behaviour had provoked yet another set of sanctions being imposed on his country.

The purchaser of the clothes in Tony Gauci’s shop in Malta now magically morphed from a non-Libyan giant in late middle age to a youthful, 5’ 7” tall Libyan in his mid-thirties. His name, it appeared was Abdelbaset al Megrahi, head of security for Libyan Airlines. Educated in the USA and Britain, he was also director of the Centre for Strategic Studies in Tripoli. A cosmopolitan figure with a wide range of international contacts it was rumoured that he was used by Libya to import essentials during periods of sanctions. The claim that he had suddenly changed into a terrorist bomber was met with derision at home and abroad. The idea that he and his colleague Khalifah Fhimah, the station manager for Libyan Arab Airlines at Luqa Airport in Malta, had somehow secreted an unaccompanied suit case onto flight KM180 was thought to be absurd.

The Maltese police also protested that this was a most unlikely scenario. They had questioned the senior airport baggage loader who was adamant that he always double-counted his luggage: once when it was finally gathered and again as it was physically loaded onto the plane. This extremely reliable official was absolutely certain that there were no unaccompanied cases in the luggage that he counted on to the flight. In fact, not only was there no evidence that the bomb had been put on board in Malta, but Air Malta had won a libel action in 1993 establishing that it was not!

The theory that the bomb entered the system in Malta as a piece of unaccompanied baggage and rattled around Europe before finding its way onto Pan Am 103 in London was widely ridiculed. The excellent screening at Frankfurt would have surely picked it up or, if not, it could well have been lost on the twilight zone of European baggage handling. But the greatest problem lay with the barometric trigger which would have caused flight KM180 to explode 38 minutes into the first leg to Frankfurt. This was the moment when the forensic scientists stepped up to the plate.

The two British scientists involved in the Lockerbie case were the Royal Armament Research and Development Establishment’s Alan Feraday and Thomas Hayes. Charred material found some weeks after the bombing in woods near Lockerbie in mysterious circumstances had been sent for analysis to explosives laboratory at Fort Halstead in Kent. According to his later testimony Hayes teased out the cloth of one piece of the material, later identified as the neckband of a grey Slalom-brand shirt. Within it he found fragments of white paper, fragments of black plastic, a fragment of metal and a fragment of wire mesh—all subsequently found to be parts of a Toshiba RT-SF 16 and its manual. Hayes testified that he also found embedded a half-inch fragment of circuit board.

The next reference to this famous circuit board fragment occurred when Alan Feraday sent a Polaroid photograph of it to the police officer leading the investigation, Detective Chief Inspector William Williamson, asking for help in identification. In June 1990, Feraday and DCI Williamson visited FBI headquarters in Washington and together with Thomas Thurman, an FBI explosives expert, finally identified the fragment as being part of a timer circuit board.

Thurman’s involvement in identifying the fragment later proved highly controversial because in spite of his claim to be an “explosives forensic expert” he had no formal scientific qualifications whatsoever. He read politics at university and had somehow drifted into the FBI Labs. Worse was to follow when in 1997 the US Inspector-General Michael Bromwich, issued a report stating that in other trials Thurman had “circumvented procedures and protocols, testified to areas of expertise that he had no qualifications and fabricated evidence”. Numerous defendants had to be released and Thurman was fortunate not to be prosecuted himself. He was fired from the FBI labs and banned from acting as an expert witness in any other court case.

Thurman could not therefore give evidence at the Lockerbie trial and the Crown’s case would be further damaged when the testimony of his UK counterpart, Alan Feraday, was called into question. In three separate cases — where Feraday had been the expert witness — men against whom he gave evidence have had their convictions overturned. Like Thurman, Feraday was not actually a professional scientist and in 2005, after yet another successful appeal, the Chief Lord Justice said that “under no circumstances should Feraday be allowed to present himself as an expert witness in electronics”.

By the time of the trial the career of Thomas Hayes was also over because a British Parliamentary inquiry had found he had conspired to withhold evidence in the notorious trial of the Maguire Seven. Sir John May had said, “The whole scientific basis on which the prosecution was founded was in truth so vitiated that on this basis alone the conviction should be set aside.” Hayes jumped before he was pushed and by the time of the trial was working as a chiropodist.

As the argument for a Maltese connection and Libyan involvement progressed the tiny fragment of circuit board became increasingly important. Thurman now “indentified” it as part of a batch made by the Swiss manufacturer Mebo for the Libyan military. This was not the simple design thought to have been used in the Pan Am 103 bombing but a complex type of long timer. Edwin Bollier later revealed that he declined an offer of $4 million by the FBI to testify that the fragment was indeed part of the Mebo MST-13 timer. Fortunately one of his employees, Ulrich Lumpert, was prevailed upon to do so at the trial though later, in a sworn affidavit, he would admit he had lied. The other co-owner of Mebo, Erwin Meister, confirmed that MST–13 timers had been sold to Libya and helpfully identified Megrahi as a “former business contact”.

All the ducks were finally in a line and the Anglo-American authorities indicted the two Libyan suspects in November 1991. Gaddafi was then ordered to extradite them for trial in either the United Kingdom or the United States. Since no bilateral extradition treaty was in force between any of the three countries, he refused to hand the men over but did offer to detain them for trial in Libya, as long as all the incriminating evidence was provided. The offer was unacceptable to the US and UK, and there was an impasse for the next three years.

In November 1994, President Nelson Mandela offered South Africaas a neutral venue for the trial but this was rejected by John Major. A further three years elapsed until Mandela’s offer was repeated to Major’s successor, Tony Blair, when the president visited London in July 1997 and again at the 1997 Commonwealth Heads of Government Meeting in Edinburgh in October 1997. At the latter meeting, Mandela warned that “no one nation should be complainant, prosecutor and judge” in the Lockerbie case.

A compromise solution was eventually engineered by the legal academic Professor Robert Black of Edinburgh University of a trial in the Netherlands governed by Scots law. Since this was in accordance with the New Labour government’s promotion of an “ethical” foreign policy, it was given political impetus by the then foreign secretary, Robin Cook. A special High Court of Justiciary was set up in a disused United States Air Force base called Camp Zeist in Utrecht.

In recent years no forensic-based case has caused greater concern than the Lockerbie trial and the prosecution has been widely accused of using the tactics of disinformation. The lead prosecutor was the highly controversial Lord Advocate, Colin (later Baron) Boyd who three years before had prosecuted DC McKie in another forensic disaster. The policewoman denied an accusation by Scottish Criminal Record Office (SCRO) fingerprint officers that she left her thumb print at a murder scene in January 1997. She was arrested in March 1998, charged with perjury but at her trial in May 1999 the SCRO fingerprint evidence was rejected out of hand and she was acquitted.

A senior Scottish police officer, James Mackay QPM, was appointed by the Crown Office to investigate the matter and he submitted his report to Boyd in October 2000. It found that the actions of the SCRO personnel amounted to 'collective manipulation and collusion' and four of them were immediately suspended by the SCRO. With the Lockerbie trial in full swing Boyd was obviously reluctant to prosecute the officers involved and to great public indignation he allowed them to be reinstated. It would clearly have damaged his fragile case in the Lockerbie trial to have four of Scotland’s forensic scientists prosecuted for covering up acts of criminality. The finger-print scandal was only resolved in 2006 when the policewoman was awarded £750,000 compensation and Boyd was rightly forced to resign as Lord Advocate.

There were profound inconsistencies in much of the evidence presented to the trial. For instance, the entry of the discovery of the timer fragment was recorded at widely different times by UK and German investigators. The German police files indicate that fragments of the bomb timer were found on the shirt in January 1990. So the shirt collar could hardly have been examined nor the items of evidence extracted on 12 May 1989 as was claimed by Hayes at the trial. German documents also contain photographs showing a piece of the shirt with most of the breast pocket undamaged but the images presented to the trial were different.

It is also disconcerting that an additional page was inserted into the evidence log detailing the discovery of the Slalom shirt with particles of the bomb timer on it. The record of the discovery was inserted into a loose-leaf folder with the five subsequent pages re-numbered by hand – a procedure for which the scientist could offer no explanation at the trial. The prosecution’s evidence looked at times like a co-coordinated effort to mislead the court. Yet the Judges helpfully concluded that the compromised evidence log did not matter because “each item that was examined had the date of examination incorporated into the notes.”

During the trial, MeBo engineer Ulrich Lumpert – whose evidence was crucial in connecting the famous fragment to the Libyan batch – caused consternation by adding that the fragment on display belonged to a timer that had never been connected to a relay, ie had not triggered a bomb. This claim could not be countered by the prosecution because Hayes had inexplicably not thought it necessary to test the tiny timer fragment for explosive residue. However, given their conduct of the trial it came as no surprise that the three Scottish judges were untroubled by what should have been a disaster for the prosecution.

The lead judge was the veteran Lord Sutherland accompanied by an inveterate tribunal chairman, Lord Coulsfield, and the sentencing and parole expert Lord MacLean. They admitted the uncertainties in the testimony and the dangers inherent in “selecting parts of the evidence which seem to fit together and ignoring parts which do not fit”. They also admitted it was possible they were “reading into a mass of conflicting evidence a pattern and conclusion which was not really justified” but ploughed on regardless.

In the end, the judges accepted that the absence of a credible explanation of how the suitcase was placed into the system at Luqa airport was “a major difficulty for the Crown case”. However they still managed to convince themselves that this was indeed what had happened. “When the evidence regarding the clothing, the purchaser and the timer is taken with the evidence that an unaccompanied bag was taken from KM180 to PA103A, the inference that that was the primary suitcase becomes, in our view, irresistible.” This statement was met with derision in Scotland and rightly dismissed as “inference piled upon inference”.

The judges further accepted that the PFLP-GC were also engaged in terrorist activities during the same period but found “no evidence from which we could infer that they were involved in this particular act of terrorism, and the evidence relating to their activities does not create a reasonable doubt in our minds about the Libyan origin of this crime.”

If most observers found this a very odd way of looking at the evidence, the final decisions of the judges provoked utter consternation. It appeared beyond any shadow of a doubt that the two accused were either both guilty or both not guilty but the Law Lords managed to find clear blue water between them. The judges were unanimous in finding the second accused, Lamin Khalifah Fhimah, not guilty of the murder charge. He was freed and he returned to Libya on 1 February 2001.

As for Abdelbaset al-Megrahi the judges said: “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 of the remaining charge in the indictment.” Megrahi was sentenced to life imprisonment, with a recommendation that he should serve at least 20 years before being eligible for parole.

Huge doubts remain about the prosecution’s case and the Scottish Criminal Cases Review Commission (SCCRC) in 2007 found prima facie evidence of a miscarriage of justice. It is clear from their report that the unreliability of the prosecution’s key witness Tony Gauci was one of the main reasons for the referral of Megrahi’s case back to the Appeal Court. Gauci had been interviewed 17 times by Scottish and Maltese police during which he gave a series of inconclusive statements and there was evidence that leading questions had been put to him. Gauci was clearly not the “full shilling” as Lord Fraser, Scotland’s senior law officer during the investigation, had admitted. And yet he was not entirely stupid. The Americans paid him $2 million for his revised identification and he now resides in comfortable obscurity in Malta.

The review commission also discovered that the prosecution failed to disclose a document from a foreign power which confirmed beyond any shadow of a doubt that the bomb timer was supplied to countries other than Libya. This document, passed to the commission by the foreign power in question, contained considerable detail about the method used to conceal the bomb and linked it to the PFLP-GC, the first suspects in the investigation. Moreover, the Iranian defector Abolghasem Mesbahi, who provided intelligence for the Germans, had already told the prosecutors in 1996 that the bombing been ordered by Tehran, not Tripoli.

Scientists generally recommend selecting the competing hypothesis that makes the fewest assumptions. Known as Occam’s razor, we use it to cut out crazy, complicated constructions and to keep theories grounded in the laws of science. The Maltese evidence linking Megrahi to the atrocity is so fragile, so complex and so full of unsupported assumptions it depends almost totally upon the integrity of the forensic scientists. It is therefore unfortunate that it would be difficult to find three more disreputable practioners than Thurman, Hayes and Feraday. It should be a matter of deep concern that Megrahi is the only man convicted on the evidence of these three individuals whose conviction was not reversed on appeal.

There is also no credible evidence that the clothes from Tony Gauci’s shop found among the Lockerbie wreckage were really bought on the day stated in the trial. The sale seemed much more likely to have happened on a day when Abu Talb was on Malta and Megrahi definitely was not. It is also known that when the Swedish police arrested Abu Talb for a different terrorist offence they found some of the same batch of clothing in his flat in Uppsala. No explanation for that was forthcoming at the trial.

Finally, the behaviour of the chief prosecutor Colin Boyd, both in concealing the nefarious activity of his forensic scientists and withholding essential evidence from the defence, is utterly reprehensible. Together with lack of moral fiber shown by Lord Cullen and the Court of Criminal Appeal [at Megrahi's first appeal] it has left a permanent stain on the reputation of the entire Scottish legal system.