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Friday, 20 June 2025

The truth died at Lockerbie

[What follows is excerpted from a long article just published in English on the website of Neue Zürcher Zeitung. The original German language version was published on 14 June:]

Thirty-six years after the bombing of Pan Am Flight 103 over the Scottish village of Lockerbie, US prosecutors are pursuing a new case stemming from the terrorist attack. At the center of the investigation is a colorful entrepreneur from Zurich and his claims of conspiracy.

Edwin Bollier, now nearly 88 years old, sits in his office on Badenerstrasse in Zurich and says: "The book is written. All I have to do is pull it out of the drawer." In his book, Bollier finally wants to tell what he sees as the whole truth about the 1988 Lockerbie bombing, in which more people were killed than in any terrorist attack in Europe since. (...)

Now, at last, US prosecutors are bringing their own case relating to what President Ronald Reagan called the "attack on America." Many years ago, a mid-level intelligence agent from Libya was convicted in Scotland of being involved in the attack. However, some observers never gave up their doubts about this guilty verdict. A figure accused of being an accomplice of the convicted man is currently in custody in the United States, and a new round of legal procedures is underway.

US prosecutors in Zurich

Last year, two prosecutors and a judge traveled to Zurich to question Bollier as a witness. He is confident that the American court will follow his lead when it ultimately makes its ruling. "I have provided all the information necessary to finally expose the conspiracy," he says.

Bollier argues that it was not in fact Libyan leader Muammar Gaddafi's intelligence service that was behind the bombing, but rather a Syrian-Palestinian commando group acting on behalf of Iran.

Bollier says he is waiting for the US court verdict to be issued before publishing his book. However, the court handling the case recently postponed the trial date originally set for May, citing, among other factors, the "complexity" of the case.

Bollier isn’t concerned. He says he is prepared to testify whenever the trial takes place.

No one knows PT/35 (b) as well

The Zurich entrepreneur is also one of the key figures in the US court proceedings. No one is as familiar with the piece of evidence with the file number PT/35 (b) as well as he is. This exhibit is no larger than a fingernail. It is only 1 millimeter thick, and weighs less than 1 gram.

For more than 30 years, the entire Lockerbie case has hinged on this tiny piece of evidence.

It comes from an electronic circuit board, the kind of technology found in every smartphone today. A circuit board is flat, made partially out of conductive metal, and serves as the foundation on which the components necessary for an electronic device are built. The circuit board to which the fragment in question belonged before being torn out by the explosion in the Boeing 747 was part of a timer-based detonator.

Out of the huge, several-ton pile of debris that was recovered in Lockerbie, PT/35 (b) is the only piece that points to Libya. Without this tiny fragment, the Libyan intelligence agent named Abdelbaset Ali al-Megrahi could not have been charged.

In his office on Badenerstrasse, Bollier is poring over files. He reads them without glasses, even the small print. When he talks about Lockerbie, which he usually does almost without pause for breath, he sometimes mixes up names or dates. Then his wife Mahnaz, a native Persian who came to Switzerland after the fall of the shah, comes to his aid.

It didn't take her long to became part of Team Bollier, and today she knows the Lockerbie case's ins and outs almost as well as her husband.

The film and TV industry has also been subjecting the crash of Pan Am 103 to a thorough reexamination. Several productions have called the Scottish court ruling into question, in some cases openly postulating a miscarriage of justice. The streaming platform Sky is showing an ambitious documentary on the subject, paired with a successful dramatization of the incident as a series starring Colin Firth in the lead role. Its rival Netflix will soon follow with a program produced in collaboration with the BBC.

Too sensitive for Al Jazeera

However, the most controversial production has proved to be a multipart series created by Arab television network Al Jazeera. One episode was withdrawn after broadcast, and the last episode was not broadcast at all. Apparently, it was too controversial for the network’s Qatari owners. The NZZ has viewed all episodes of this series. It reveals previously unknown information that adds weight to suspicions that Iran was behind the attack.

Sooner or later, every documentary filmmaker addressing this subject finds their way to Badenerstrasse 414 in Zurich – that is, to Bollier's office. The BBC has sent its film crews here, as have Sky and Al Jazeera. The multistory concrete building in Zurich's Nova Park gives the feeling of having been drawn from another era. Stepping into the third-floor office with the sign "MEBO LTD," a visitor might well feel that they had been transported back to the 1970s. (...)

Explosives in a cassette recorder

On the evening of Dec 21, 1988, Pan Am Flight 103, bound from London to New York, had just reached its cruising altitude of 9,000 meters when a bomb exploded in the cargo hold. A timer-based detonator built into a Toshiba cassette recorder had triggered the explosion. The plane crashed.

All 259 passengers and crew members, most of them US citizens on their way to their Christmas holidays, were killed. An additional 11 people at the crash site in Lockerbie also lost their lives.

The delivery to Libya

A few years previously, in 1985, Bollier's small electronics company Mebo had delivered 20 timer devices to Libya – of the same model that triggered the explosion. This delivery is a matter of record and is undisputed.

The name "Mebo" is drawn from the names of the two company founders, Erwin Meister and Edwin Bollier. While Meister has long since withdrawn from public life, Bollier is still fighting on the front lines to defend his company's reputation.

Mebo Ltd. was a simple trading company with a focus on electrical appliances. It even developed a few devices itself. This included a timer with the model number MST-13. An engineer, Mebo’s sole employee, had developed the device in a small workshop. A third-party company manufactured the MST-13 timer according to his plans.

The Libyan army was almost the sole purchaser of these timers. A few additional units were sold to the Stasi, East Germany's secret police agency.

"But we didn't supply detonators to Libya. Just electronic timers," Bollier insists in an interview in his office.

This distinction is important to him – after all, a timer is not in itself a weapon. A timer becomes a weapon only if it is connected to a detonator. Mebo did not do that, Bollier says. Libya thus must have hooked up the detonator itself.

The business owner picks up a timer that is sitting on his desk in his office. The MST-13 is about the size of a fist. It is nothing more than a simple timer, he says. "Similar to an alarm clock or an egg timer, only a bit more robust, fireproof and waterproof."

Mebo had an export license for the delivery of the timer-based switches to Libya and the East German government. The Swiss agency in charge of overseeing such exports did not find that this contract violated the country’s Federal Act on War Materiel.

Because the issue is so important to him, we have agreed with Bollier to use the English word "timer" throughout this article, even in its German-language original – referring both to timers with and without detonators attached.

And what did the Libyan army use the timers from Switzerland for? Bollier insists that the army used them as defensive weapons. The sale came during the desert war against neighboring Chad. The timers were set in military camps where capture was deemed a possibility, he says. If a squad was able to retain its position, it would defuse the explosive. However, if a camp were to be captured by the enemy, the device would go off at some point.

Bollier has never been charged with any crime in connection with the Lockerbie bombing, either as an accomplice or an accessory, even though the Scottish authorities did consider doing so. In Switzerland, the Office of the Attorney General initiated criminal proceedings, but these were discontinued after four years.

Bollier has always appeared in court only as a witness. For more than 30 years, he has been saying the same thing: that the Lockerbie discovery, exhibit PT/35 (b), that tiny fragment of bomb-wrecked timer, differs in various details from the timers that Bollier’s firm delivered to Libya.

For example, he argues that the fragment exhibits characteristics that were introduced only in 1990, more than a year after the crash of Pan Am Flight 103.

Only one conclusion can be drawn from this, says Bollier: "Someone must have placed the find at the crash site after the fact, in order to lay a false trail pointing to Libya."

Brown instead of charred

When investigators from Scotland and the US first showed him a photo of the discovery, Bollier recognized it immediately. That was in 1990. "In the photo, the fragment was brown," he recalls. "But after the explosion, it should have been charred."

When he later saw the original of the PT/35 (b) fragment, it was no longer brown – it was charred, he says. From this, Bollier concludes that the alleged find is not only a forgery, but was also tampered with after the fact.

This is clearly an outrageous accusation. But Bollier stands by it. He refers to the alleged forgers and manipulators of the only piece of conclusive evidence from Lockerbie as "Group XXX." By this he means those within Scottish and American government agencies that he says were responsible for this falsification, in cooperation with the Swiss intelligence service, which was then a part of the Federal Office of Police.

However, as someone making such a serious accusation, Bollier has a problem: His credibility is in tatters.

Someone once said that Bollier was the worst witness imaginable, thanks to his dubious past. Anyone who did business during the Cold War with the secret police and intelligence services of Libya and East Germany, with Gaddafi’s «Jamahiriya» state and the Stasi, has inevitably seen their reputation permanently damaged.

Bollier's fight for the truth, as he calls it, is therefore also a fight for his own rehabilitation. Furthermore, if the trail to Libya does indeed turn out to be falsified and manipulated, this would do more than exonerate Bollier morally – he would also be entitled to the equivalent of millions of dollars in financial compensation.

However, Edwin Bollier is not alone in his assertion that exhibit PT/35 (b) was planted at the Lockerbie crash site after the fact. Jim Swire is convinced of this as well.

Bollier’s opposite

When it comes to credibility, Swire is the opposite of Bollier. The English doctor lost his 23-year-old daughter Flora in the bombing of Pan Am Flight 103. With his clear independence and unimpugned integrity, he soon became a respected spokesman for the families of the British victims.

Bollier and Swire share the same view. But it is no coincidence that Colin Firth is playing the English country doctor rather than the Swiss wheeler-dealer in Sky’s dramatization of the events.

Since the crash of Pan Am 103, Swire has dedicated his life to finding his daughter’s murderers, as he consistently refers to them. At 89 years old, he still hasn't achieved his goal.

Swire once campaigned vigorously to bring Libyan defendant Abdelbaset Ali al-Megrahi and his alleged accomplices to trial in Scotland. When, after much back and forth, that trial finally took place on neutral ground at the former Camp Zeist military base in the Netherlands, Swire did not miss a single one of the 85 days of proceedings.

Nothing would have made him happier than to know at last who had been responsible for his daughter's death. But at the end of the trial, he found himself convinced that al-Megrahi was innocent, and had nothing to do with the bombing.

Befriended the convicted attacker

On the day the verdict was announced, Swire was so distraught that he suffered a breakdown. He was shocked by al-Megrahi's conviction – along with the simultaneous acquittal of his alleged accomplice – and disappointed by the Scottish justice system.

Swire visited al-Megrahi several times in prison, and ultimately became friends with him. When the Libyan was diagnosed with cancer, Swire spoke out strongly in favor of his release. «The sooner he is released, the better,» he was quoted as saying in the NZZ am Sonntag newspaper.

When al-Megrahi was dying in 2012, Swire traveled to Tripoli amid the unrest following Gaddafi’s fall. Even on his deathbed, al-Megrahi protested his innocence.

Swire fulfilled his last wish. In his book published in 2021, the key message is that fragment PT/35 (b) cannot have come from any of the 20 timers that Bollier's Mebo had once delivered to Libya – and that al-Megrahi's conviction was therefore a miscarriage of justice.

The FBI on board

The investigation into the bombing was led by the Scottish police. However, the United States' domestic intelligence service, the FBI, was also involved from the beginning – a concession made to the US by the Scottish authorities in view of the large number of victims from America.

The unusual collaboration made the enormous investigation – featuring a debris field alone that stretched over several dozen square kilometers – even more complicated. «We weren't used to not being in the lead,» says the self-assured FBI Special Agent Richard Marquise in one of the many documentaries about Lockerbie.

However, by tapping its global network, the FBI was able to open up various sources that would have remained closed to the Scottish police. "Even the CIA supported us," Marquise once said. Given the rivalry between the two major US intelligence services, this was unusual, he noted.

Yet despite years of investigation and a huge pile of files, the case ultimately led only to the disputed conviction of the single Libyan intelligence agent.

The trail to Iran

Initially, everything pointed in a different direction. Indeed, after just a few months, the Lockerbie case seemed to have been solved, with investigators regarding it as a probable act of retaliation by Iran.

On July 3, 1988, a few months before Lockerbie, a US Navy warship shot down an Iranian passenger plane in the Persian Gulf – accidentally, according to official statements. All 290 passengers, including 66 children, were killed.

Iran's revolutionary leader Ayatollah Ruhollah Khomeini publicly vowed revenge, saying that an American aircraft carrying many passengers would be shot down. There was subsequently much to suggest that the Iranian regime had commissioned a commando group from Syria known as the Popular Front for the Liberation of Palestine-General Command, or PFLP-GC, to carry out the retaliatory action.

The PFLP-GC operated from Syria under the command of Ahmed Jibril. In 1970, his agents had used a parcel bomb to bring down Swissair Flight 330 over Würenlingen, killing all 47 passengers. In that instance, the explosive was built into a radio and triggered by an altimeter.

Thanks to the investigations in the Würenlingen case, hardly anyone in the West was as familiar with the PFLP-GC as the Swiss Office of the Attorney General. Six months after Lockerbie, in late May 1989, three Scottish investigators thus traveled to Bern to exchange information with their Swiss colleagues.

The secret meeting lasted two days, turning up striking parallels. The plastic explosive used in the Lockerbie bombing had been Semtex, which was manufactured in Czechoslovakia. This was the same material that had been used in Würenlingen. Even the bomb maker appeared to be the same individual, a Jordanian named Marwan Khreesat.

A few weeks before Lockerbie, in late October 1988, Khreesat had been arrested in Düsseldorf as part of a broad operation dubbed "Autumn Leaves." In total, German police arrested more than a dozen members of the PFLP-GC – dealing a serious blow to the terrorist group.

During the raid, police also seized four electronic devices, all of which had been rigged with explosives. One of these devices was a Toshiba portable radio.

It thus appeared that German police had foiled a planned series of attacks by the PFLP-GC. However, interviews with the detainees revealed that the terrorists had originally prepared five such devices, not just four.

The conclusion seemed obvious: The fifth electrical device must have been the Toshiba cassette recorder that exploded on Pan Am Flight 103 over Lockerbie.

When the Scottish delegation bid farewell to their Swiss colleagues on May 25, 1989, the case appeared to be solved. Investigators believed that the Toshiba cassette recorder containing the explosives had been loaded into the cargo hold of a Boeing 747 at Frankfurt Airport on the Pan Am 103 A feeder flight to London Heathrow.

This conclusion was stated in the minutes drawn up by the Swiss Office of the Attorney General following the meeting with their colleagues from Scotland. After a lengthy tug-of-war, the Switzerland-based Beobachter magazine published these minutes a few years ago.

But then everything changed.

The shift to Libya

No arrest warrant was issued for Khreesat, the alleged bomb maker, or for any other member of the PFLP-GC initially suspected of involvement.

Instead, the Scottish police and the FBI, who had been focusing their part of the investigation on Iran, issued arrest warrants for two previously unknown Libyans: Abdelbaset Ali al-Megrahi and an alleged accomplice, the station manager of the Libyan Arab Airlines in Malta.

Exactly how these arrest warrants came to be issued remains unclear today. Apparently, they were based on secret information from the CIA and a somewhat shady agent in Malta.

In his office, Bollier rummages through one of the many piles that have accumulated in an adjoining room over the past decades.

He finds the newspaper article he is looking for, and offers a summary: The surprising turnaround in the investigation was the result of the geostrategic climate at the time, which was very different from today's. The United States and the United Kingdom, which at the time were at war with Iraq, did not want to spoil their relationship with Iran’s government as well.

Thus, the article argued, shifting blame for the Lockerbie bombing to Libyan leader Gaddafi and his intelligence agents proved a convenient alternative. After all, their April 1986 attack on a West Berlin discotheque frequented primarily by American soldiers had gone unpunished.

«It's that simple,» Bollier says, tossing the newspaper article back onto the pile.

It is possible that for the U.S. and the U.K., Libya was seen as a more convenient scapegoat than Iran at that point in history. However, like so much else in the Lockerbie case, this theory cannot be proven.

Gaddafi's photo on the side table

This difficulty doesn't impress Bollier. In his office on Badenerstrasse, the presence of long-deposed Libyan despot Gaddafi can still be felt everywhere. A framed photo of the young Gaddafi is placed on the side table next to the sofa, leaning against an iron palm tree.

During Gaddafi's more than 40 years in power, his regime systematically violated human rights. It engaged in countless arbitrary arrests, imprisoning and torturing opposition figures. Many of these individuals disappeared or were executed.

Bollier offers a kind of counterpoint, however. "Gaddafi may have blood on his hands," he says. But from the leader’s own point of view, he had been acting in the interests of the Libyan people, Bollier says. The entrepreneur counts off the gains: roads, housing, infrastructure – "everything in tiptop shape," he says.

It is jarring statements like this that undermine the image of Bollier as a fearless fighter for the truth.

An office for the alleged attacker

Another startling fact reveals just how close Bollier's relationship with Gaddafi's internationally ostracized regime was: Mebo temporarily rented an office at Badenerstrasse 414 to two employees of the Libyan intelligence services – one of whom was Abdelbaset Ali al-Megrahi.

Bollier plays this down. It was purely business, he says. And anyway, al-Megrahi visited Zurich only two or three times a year.

Bollier started doing business with Libya in the mid-1970s. Even before media pioneer Roger Schawinski shook up Switzerland's media landscape by founding his Radio 24 station – which broadcast as a pirate station from Pizzo Groppera in Italy before eventually becoming the country's first commercial radio station – the trained radio engineer Bollier had been operating his own pirate radio station in the North Sea. He had chugged around the international zone in a converted ship, competing in turn with the state broadcasters in England and the Netherlands.

"It was a lucrative business for a while," recalls Bollier – until the authorities shut the pirate station down.

$4.9 million from Gaddafi

That left Bollier sitting on an expensive ship crammed full of electronics that nobody wanted. Only one person showed any interest: Muammar Gaddafi. The Libyan ruler paid Bollier $4.9 million for the former pirate radio craft.

Nor did this prove to be the only such deal. Although Bollier says he never met Gaddafi in person, the Libyan state became the Swiss entrepreneur’s most important customer. Contracts with the military and intelligence services soon followed. In the 1980s, Bollier installed Tripoli’s first fax machines, after purchasing them first from a distributor in Zurich. "For this, the Libyans, who had never seen a fax machine before, celebrated me like a hero," he says.

The fax machines were soon followed by the delivery of the MST-13 timers to Libya.

The circumstances surrounding the discovery of the fingernail-sized fragment PT/35 (b), which is supposed to have come from one of these timers from Zurich, are striking. Scottish police found it six months after the crash, in late May 1989, in a wooded area more than 30 kilometers from the crash site. The fragment was stuck inside the collar of a Salomon-brand shirt that had originally been purchased in Malta.

That shirt had wound up in a maroon Samsonite suitcase along with the Toshiba cassette recorder that was rigged with explosives.

No pieces belonging to the timer's significantly larger and more robust housing were ever found. In some official documents, the date of discovery is given not as May 1989, but rather as January 1990 – that is, more than a year after the crash. These dates are important for Bollier's argument.

The Scottish police initially had no idea what to make of their chance discovery. They searched unsuccessfully at 54 companies across 17 countries in hopes of tracking down the origin of the PT/35 (b) fragment.

Help from the FBI and CIA

In early 1990, the Scottish police asked their colleagues at the FBI for help. These investigators then quickly found what they were looking for: The fragment was an exact match with a timer-based detonator that the CIA had seized during a raid in Togo in 1985, they said. Through some convoluted means, a Mebo MST-13 timer had apparently found its way to the rebels in Togo.

However, over the years, investigative journalists have uncovered inconsistencies in this conclusion. One such reporter is Otto Hostettler from the Switzerland-based Beobachter magazine. He has published several articles on the discrepancies in the Lockerbie case.

Like Bollier, Hostettler also concludes: "The item labeled PT/35 (b) cannot have come from the shipment to Libya that Edwin Bollier made in 1985." The fragment contains technical components that had not even been developed at that time, the reporter notes.

Moreover, in addition to Jim Swire, the representative of the victims' families, and investigative journalist Hostettler, there are still other unimpeachable figures who agree with Bollier that something is not right about PT/35 (b).

The odd role of Switzerland's intelligence service

The role played by one senior member of the Swiss Federal Office of Police, which was Switzerland's intelligence service at the time, is nothing less than striking. It is a matter of record that on June 22, 1989, six months after Lockerbie, this intelligence service agent appeared at the Badenerstrasse 414 building. On the third floor, rather than visiting the Mebo Ltd offices, he instead ended up in the workshop on the other side of the corridor. There he met with the engineer who had developed the MST-13 timer.

This is publicly known because Bollier later reported the intelligence service agent to the authorities. The entrepreneur accused this figure of stealing a timer from Mebo's inventory and passing it on to the FBI, all without a search warrant. Bollier demanded 6 million Swiss francs in damages from the intelligence service agent.

As part of the criminal proceedings, the Swiss Office of the Attorney General summarized the facts of the case in a written statement. That statement is dated July 30, 2012, and is signed by the head of the office's National Security division

According to this statement, the employee of the Federal Office of Police did indeed receive a timer from the Mebo engineer, "which he passed on to the American authorities."

"The evidence is said to have been subsequently tampered with," says the Office of the Attorney General’s written statement. Followed by: "This assertion by Bollier has not simply been pulled out of thin air."

The Attorney General’s Office explains why Bollier’s assertion could be correct as follows: "In any case, an expert opinion provided by the scientific service of the Canton of Zurich proves that the timer handed over to the Swiss federal police and the timer fragment presented as evidence by the Scottish authorities cannot be identical."

No other authority has adopted Bollier’s thesis that exhibit PT/35 (b) was falsified as clearly as the Swiss Office of the Attorney General, in this written statement.

However, the Zurich cantonal police report referred to in the Attorney General’s statement has never subsequently turned up. This is confirmed by respected Zurich lawyer Marcel Bosonnet, who represented Bollier in this case.

The Swiss Federal Supreme Court never addressed the claim for damages – Bollier had submitted it too late.

"In my opinion, there was a lack of will to get at the truth," Bosonnet says. In so doing, Switzerland missed a unique opportunity to resolve the Lockerbie case, he adds.

Al Jazeera reports on secret meetings

This clue prompted the researchers at Al Jazeera's English-language service to work even harder. Their documentary series, which has since been withdrawn, describes how, over the course of 1988, a few months before the Lockerbie crash, several meetings took place involving representatives of the intelligence services of Iran, Syria and Libya, as well as of Hezbollah and the PFLP-GC. The common goal was reportedly a militant campaign financed by Iran against targets in the US and Israel, which was to include shooting down passenger aircraft.

According to Al Jazeera's reporting, these secret meetings took place between March and October 1988 in Malta, Cyprus and Lebanon.

In the documentary, Robert Baer is given considerable time to speak. This author, a former CIA agent, has long argued that Iran, not Libya, was behind the Lockerbie attack. He has been joined by other voices from within American intelligence circles.

Baer told Al Jazeera that he had evidence showing that a few days after the attack on Pan Am 103, in late 1988, $11 million had been transferred from Iran to a bank account in Lausanne. Some of this money was later transferred to the accounts of two leading members of the PFLP-GC, he contends.

Baer is no longer employed by the CIA. Nevertheless, he is bound by the principle that anything he makes public based on knowledge gained during his time in service must be approved in advance by the CIA.

In Al Jazeera’s withdrawn documentary series, he says that he had followed this process in order to divulge his information. He additionally says that there is consensus within CIA and FBI circles that Iran was responsible for the Lockerbie crash.

So has Gaddafi's Libya been wrongly blamed, for more than 30 years, for one of Europe's most devastating terrorist attacks?

Despite the numerous proponents of this theory, the question is still not easy to answer. In fact, a new book published in early 2025 argues against this conclusion.

"Top secret" handwritten letters

In this book, the authors present previously unpublished archive material from the Gaddafi-era Libyan intelligence service. Handwritten letters marked "top secret" describe how, in October 1988, a division of the intelligence service in Tripoli carried out experiments with explosives, including detonating a suitcase.

At the time, the head of this division was Abdelbaset Ali al-Megrahi, the Libyan intelligence agent who had protested his innocence on his deathbed.

Prosecutors in the US are aware of this archive discovery. The postponement of the ongoing trial is likely to be related to efforts to verify documents that were not previously part of the record.

Meanwhile, back in Zurich, Edwin Bollier is keeping his book in his drawer, ready to publish. Mr Lockerbie, as he calls himself in his email address, is at least willing to reveal his title: "The Truth Died at Lockerbie."

Thursday, 24 December 2020

The search for justice goes on and William Barr's actions are unlikely to help

[This is part of the headline over a long article by Kim Sengupta in The Independent. It reads in part:]

With great fanfare, on the anniversary of the Lockerbie bombing, the US has announced charges against the supposed bomb maker who blew up Pan Am flight 103, the worst act of terrorism in this country, with 270 lives lost.  

One of William Barr’s final acts as Donald Trump’s Attorney General, a deeply controversial tenure, is supposed to fit one of the final pieces of the jigsaw in the hunt for the killers.  

There are historic links between the Lockerbie investigation and the current, turbulent chapter of American politics. Barr was also the Attorney General in 1991, in the George W Bush administration, when charges were laid against two Libyans, Abdelbaset al-Megrahi, and Lamin Khalifa Fhimah, over the bombing. The inquiry was led at the time by Robert Mueller, the head of the Department of Justice’s criminal division.  

Mueller, of course, became the Special Counsel who examined if Trump was the Muscovian candidate for the White House. Barr was the Attorney General, in his second term in the post, accused of distorting the findings of Mueller’s report to protect Trump from accusations of obstruction of justice, which he denies.  

The charges which have been laid against Abu Agila Mohammad Masud, another Libyan, are intrinsically connected to Abdelbaset al-Megrahi, who is the only person to have been found guilty by a court of the bombing.  

Megrahi is now dead. There are good reasons to hold that the investigation, trial and verdict which brought his conviction were flawed and a miscarriage of justice has taken place. This is a view shared by bereaved families, international jurists, intelligence officers and journalists who had followed the case.  

Last month, an appeal hearing began at the High Court in Edinburgh to posthumously clear Megrahi’s name. This was the third appeal in the attempt to prove that the verdict against him was unsound, with his legal team focusing on the veracity of the prosecution evidence at his trial. 

Much of the case against Masud, a former Libyan intelligence officer, now charged, comes from an alleged confession he made in jail, where he had ended up after the fall of the regime of Muammar Gaddafi. Masud, according to the FBI, named Megrahi and Fhimah as co-conspirators, who had together manufactured an explosive device using Semtex during a trip to Malta. Masud has said that he had bought the clothing which had been wrapped around the bomb, hidden in a radio-cassette player, before being placed in a Samsonite suitcase which was put on the flight.  

There are two points which are immediately relevant. The same trial which convicted Megrahi had acquitted Fhimah of all charges. And one of the key allegations against Megrahi, which the judges said made them decide on the verdict of guilt, was that it was he who had bought the clothing put around the explosive device.  

These contradictions are among many, big and small, which have marked the official narrative presented by the US and UK authorities of what lay behind the downing of the airliner.  

I went to Lockerbie on the night of the bombing, attended the trial of the two Libyan defendants, and met Megrahi at his home in the Libyan capital, Tripoli, where he had been allowed to return after suffering from cancer. I have followed the twists and turns of the case throughout.   

Soon after the downing of the Pan Am flight, American and British security officials began laying the blame on an Iran-Syria axis. The scenario was that Tehran had taken out a contract in revenge for the destruction of an Iranian civilian airliner, Iran Air Flight 655, which had been shot down by missiles fired from an American warship, the USS Vincennes, a few months earlier. The theory went that the contract had been taken up by the Popular Front for the Liberation of Palestine-General Command (PFLP-GC), which specialised in such operations.  

But the blame switched to Libya, then very much a pariah state, around the time Iran and Syria joined the US-led coalition against Saddam Hussein in the first Gulf War. Robert Baer, the former American intelligence officer and author, was among those who held that the Iranian sponsored hit was the only plausible explanation for the attack. This was the firm belief held “to a man”, he stated, by his former colleagues in the CIA.  

After years of wrangling, Megrahi, the former head of security at Libyan Airlines and allegedly in the Libyan security service, and Fhimah, allegedly a fellow intelligence officer, were finally extradited in 1999. (...)

The two men were charged with joint enterprise and conspiracy. Yet only Megrahi was found guilty. (...)

So, deprived of finding a partner in crime for Megrahi, the prosecutor switched to claiming, and the judges accepting, that he had conspired with himself.  

The prosecution evidence was circumstantial; details of the bomb timer on the plane were contradictory; and the testimony of a key witness, a Maltese shopkeeper, extremely shaky under cross-examination. Five years on from the trial, the former Lord Advocate, Lord Fraser of Carmville – who had been responsible for initiating the Lockerbie prosecution – described the witness, Tony Gauci, as “an apple short of a picnic” and “not quite the full shilling”. Gauci was, however, flush in dollars: the Americans paid him for his testimony.  

The performance and evidence of a supposedly prime “CIA intelligence asset”, Abdul Majid Giaka, codenamed “Puzzle Piece” who turned up in a Shirley Bassey wig, was widely viewed as risible. It emerged later that important evidence had not been passed on to the defence lawyers. Ulrich Lumpert, an engineer who testified to the validity of a key piece of evidence, admitted later in an affidavit of lying to the court.  

It has also emerged that Giaka had been described by his CIA handler, John Holt, in an official report as someone who had a “history of making up stories”.

Holt was denied permission to appear at court. Earlier this month he reiterated in an interview that, like his CIA colleagues, he believes the Libyan connection was a concocted red herring and culpability lay with PFLP (GC). "I would start by asking the current Attorney General, William Barr, why he suddenly switched focus in 1991, when he was also Attorney General, from where clear evidence was leading, toward a much less likely scenario involving Libyans”, he said.  

The observer for the UN at the trial, Hans Kochler severely criticised the verdict. Writing later in The Independent, he described a case based on “circumstantial evidence”; the “lack of credibility” of key prosecution witnesses who “had incentives to bear false witness against Megrahi”; the fact that one was paid cash by the Americans; and that “so much key information was withheld from the trial”.    

Robert Black, a law professor born in Lockerbie, who played an important role in organising the Camp Zeist proceedings, later became convinced that a great injustice had taken place, as have many other eminent jurists.  

Some who were in Lockerbie on that terrible night and dealt with the aftermath also felt the same way. Father Patrick Keegans, the parish priest at the time, joined the “Justice for Megrahi” campaign after meeting the convicted man’s family and has backed appeals to clear his name.  

Many members of the bereaved families feel that justice has not been done, among them Jim Swire, who lost his daughter Flora in the bombing and became a spokesman for “UK Families 103”.  

When there were objections to the severely ill Megrahi being allowed to return to Tripoli, he pointed out “the scandal around Megrahi is not that a sick man was released, but that he was even convicted in the first place. All I have ever wanted to see is that the people who murdered my daughter are brought to justice.”  

After the charging of Masud, Dr Swire said: “I'm all in favour of whatever he's got to tell us being examined in a court, of course I am. The more people who look at the materials we have available the better.”  

He wanted to stress: “There are only two things that we seek, really. One is the question of why those lives were not protected in view of all the warnings and the second is: what does our government and the American government really know about who is responsible for murdering them.”  

Some bereaved families have criticised the presentation and motivation of the US move. The State Department had sent an invitation for livestreaming of the event.  

Reverend John Mosey, who lost his 19-year-old daughter Helga in the bombing, said the “timing and particularly the choice of this specific day, which is special to many of us, to be bizarre, disrespectful, insensitive and extremely ill considered”. He added: “Why exactly, when the Attorney General is about to leave office, has he waited 32 years to bring charges?”  

Behind the controversy over who carried out the attack, the political manoeuvres and legal actions, lay the human tragedy of Lockerbie, a scene which is difficult to forget, even after three decades, for many of us who went there.  (...)

There is also the memory of Abdelbaset al-Megrahi, at his home in Tripoli in 2012. He lay in his bed attached to a drip, on red sheets stained by dark splashes of blood he had coughed up. An oxygen mask covered his skeletal face; his body twitched as he drifted in and out of consciousness. He was in the advanced stages of cancer: medicine he desperately needed had been plundered by looters; the doctors who had been treating him had fled. He died a few months later.  

The bitter accusations and recriminations over Lockerbie are unlikely to cease. But the search for justice for this terrible act of violence which took so many lives, and caused so much pain and grief, continues to remain elusive among the secrets and lies. 

Monday, 10 June 2019

Scottish legal system refusing to face the fact that it made a dreadful mistake

[What follows is the text of a section of Robin Ramsay's The View from the Bridge (starting on page 11) in the current issue (no 77, Summer 2019) of Lobster magazine:]

On 21 March the front page of The Times had a story headlined ‘Former Stasi agents questioned over role in Lockerbie bombing’. It reported that ‘nine officials from the Scottish Crown Office are focusing on the role of the East German intelligence service’ in the event. The piece had three authors, one of them being Magnus Linklater, sometime editor of The Scotsman and much else besides[1]. I shared a platform with Mr Linklater last autumn in Edinburgh. We were nominally discussing conspiracy theories and Linklater regaled us with his experiences on the so-called ‘Hitler diaries’ story while at The Sunday TimesHe also told us that he believed the official version of Lockerbie, that the Libyans had indeed done the bombing. I asked the audience who among them believed this: no-one else did.

By coincidence, on the same day as The Times piece I received a prompt to look at an 8 year-old piece on the Lockerbie plane bombing which is on Cryptome[2]. The article, ‘Policing Lockerbie, A Bella Caledonia Special Investigation’, is no longer on the Bella Caledonia site. Let us take this back a step.

In 2005 The Scotsman ran an article, ‘Police chief – Lockerbie evidence was faked’[3]. This began: 

‘A FORMER Scottish police chief has given lawyers a signed statement
claiming that key evidence in the Lockerbie bombing trial was fabricated.
The retired officer – of assistant chief constable rank or higher – has
testified that the CIA planted the tiny fragment of circuit board crucial in
convicting a Libyan for the 1989 mass murder of 270 people.’[4]

The police officer was not named by The Scotsman. The Bella Caledonia article, however, did name him and it was a legal threat from his lawyer (also reproduced on Cryptome) which resulted in the article being taken off the Bella Caledonia site. [RB: That the person named by Bella Caledonia most certainly was not The Golfer was established on this website here and here.]

That the Libyans did Lockerbie is believed by almost no-one[5]. There was little evidence against the unfortunate Al Megrahi who was convicted of it, and what they had was either paid for by the Americans[6] or fabricated and planted[7]. Former CIA officer Robert Baer told the Daily Telegraph in 2014 that the CIA ‘believed to a man’ that Iran not Libya was behind the attack[8].

A tiny fragment of circuit board purportedly found at the Lockerbie site was allegedly made by the Swiss firm MEBO run by Edwin Bollier. At the trial of Al Megrahi, Bollier was questioned and he acknowledged making electronic equipment for the Stasi and Libya[9]. More than eighteen years after the original wrong verdict, the Scottish Crown office is now talking to former Stasi officers. This suggests that, so long as the Scottish legal system can say that they are still ‘pursuing leads’, it won’t have to face the fact that it made a dreadful mistake in going along with the Americans’ fabrication. 

1 See https://en.wikipedia.org/wiki/Magnus_Linklater.

https://cryptome.org/0005/cia-golfer.pdf

https://www.scotsman.com/news/police-chief-lockerbie-evidence-was-faked-1-1403341

4 Oddly, The Scotsman has got the year of the Pan Am flight 103 bombing wrong. It was on 21 December in 1988, not 1989. 

https://www.lrb.co.uk/v31/n18/gareth-peirce/the-framing-of-al-megrahi.

6 The key witness was given $2 million by the US See https://www.theguardian.com/world/2009/oct/02/lockerbie-documents-witness-megrahi.

7 See, for example, http://tinyurl.com/y2f6aort or https://www.dailymail.co.uk/news/
article-6502363/Vital-Lockerbie-evidence-doomed-flight.html and http://tinyurl.com/
yytsht45 or https://gosint.wordpress.com/2018/10/17/lockerbie-30th-anniversary-pt-35bthe-most-expensive-forgery-in-history-poll/A detailed analysis of (the lack of) evidence is at http://lockerbiedivide.blogspot.com.

http://tinyurl.com/y3aupqsn or https://www.telegraph.co.uk/news/uknews/terrorism- 
in-the-uk/10688412/Lockerbie-bombing-CIA-believes-to-a-man-that-Iran-carried-out-attackon-Pan-Am-Flight-103-says-former-agent.html

9 Bollier and Mebo were discussed by Simon Matthews towards the end of his ‘The devil has all the best songs: reflections on the life and times of Simon Dee’ in Lobster 58. See https://www.lobster-magazine.co.uk/free/lobster58/lobster58.pdf. On this account Bollier looks more like a CIA asset than anything else. Mr Bollier has his own Website on which some of the Lockerbie issues are discussed. See
http://www.mebocom-defilee.ch.

Saturday, 29 December 2018

There are good reasons to believe that the conviction of Megrahi was a shameful miscarriage of justice

[What follows is excerpted from an article by Kim Sengupta published today on the website of the Belfast Telegraph (and a week ago behind a paywall on the website of The Independent):]

Abdelbaset al-Megrahi lay in his bed attached to a drip, on red sheets stained by dark splashes of blood he had coughed up. An oxygen mask covered his skeletal face; his body twitched as he drifted in and out of consciousness. He was in the advanced stages of cancer: medicine he desperately needed had been plundered by looters; the doctors who had been treating him had fled.

This was in Tripoli in the winter of 2011, in the turmoil of Libya's civil war and the chaotic aftermath of the fall of Muammar Gaddafi. It was a time of great violence. A dozen bodies were piled up beside a roundabout a half-mile from where I had seen Megrahi lie slowly dying. They were corpses of black men, lynched by the rebels because they were supposedly mercenaries fighting for the regime. In reality, they were victims of a xenophobia against African migrants which had accompanied the uprising.

Megrahi himself had been convicted of a dreadful massacre; of being responsible for 270 deaths on December 21, 1988, when Pan Am Flight 103 blew up over the town of Lockerbie in Scotland. A bomb - 12 ounces of Semtex in a Toshiba radio-cassette player - had been secreted in the luggage of the plane carrying passengers to the US, many returning home for Christmas.

After spending eight years in Scottish prisons following his conviction, Megrahi had been returned to Libya on compassionate grounds following a diagnosis of prostate cancer. After a few months in prison in Tripoli, unable to walk and bedridden, he was allowed to return to his family home.

There was vengeful anger expressed by some in Britain, and more so in the US, at Megrahi's return to Libya. He had faked his illness, it was claimed, and even if that was not the case, he had escaped justice by not actually dying in a cell.

The charge of subterfuge was reinforced by the perception that his release was part of the many dodgy deals between Tony Blair's government and Colonel Gaddafi's regime.

Yet there are good reasons to believe that the conviction of Megrahi was a shameful miscarriage of justice and that, as a result, the real perpetrators of one of the worst acts of terrorism in recent history remained free. That certainly was the view of many, including international jurists, intelligence officers, journalists who followed the case, and members of bereaved families.

Among the latter group was Jim Swire, who lost his daughter, Flora, in the bombing. Dr Swire, a man of integrity and compassion, who became a spokesman for UK Families 103, stressed that "the scandal around Megrahi is not that a sick man was released, but that he was even convicted in the first place. All I have ever wanted to see is that the people who murdered my daughter are brought to justice".

Megrahi died in May 2012, a few months after I had seen him. Yet a campaign Dr Swire had helped set up, Justice for Megrahi, continues to help the Libyan's family to seek a new appeal against the sentence in their efforts to posthumously clear his name.

Certainly, the chronology of the original investigation into the bombing is strange, raising serious questions about the official narrative.

Soon after the downing of the Pan Am flight, American and British security officials began laying the blame on an Iran-Syria axis. The suggested scenario was that Tehran had taken out a contract in revenge for the destruction of an Iranian civilian airliner (Iran Air Flight 655), which had been shot down by missiles fired from an American warship (the USS Vincennes) a few months earlier.

The theory went that the contract had been taken up by the PFLP-GC (Popular Front for the Liberation of Palestine-General Command), which specialised in such operations.

The blame switched to Libya - which was then very much a pariah state - around the time Iran and Syria joined the US-led coalition against Saddam Hussein in the first Gulf war.

Robert Baer, the former American intelligence officer and author, was among those who held that an Iranian-sponsored hit was the only plausible explanation for the attack. This was the firm belief held "to a man", he stated, by his former colleagues in the CIA.

After years of wrangling, Megrahi, the former head of security at Libyan Airlines and allegedly a Libyan intelligence officer, was finally extradited in 1999 - along with another man named as a suspect over the bombing, Lamin Khalifa Fhimah, also allegedly employed by Libyan intelligence. (...)

I covered their trial at Camp Zeist in the Netherlands, which took place in a specially constituted court, with a panel of Scottish judges but without a jury, under Scots law. The two men were effectively charged with joint enterprise - conspiracy - yet only Megrahi was found guilty. (...)

The prosecution evidence was circumstantial, details of the bomb timer on the plane were contradictory, and the testimony of a key witness, a Maltese shopkeeper, was extremely shaky under cross-examination.

Five years on from the trial, the former Lord Advocate, Lord Fraser of Carmville, who had been responsible for initiating the Lockerbie prosecution, famously described the witness, Tony Gauci, as "an apple short of a picnic" and "not quite the full shilling".

The performance and evidence of a supposedly prime CIA intelligence asset, Abdul Majid Giaka, codenamed Puzzle Piece, who turned up in a Shirley Bassey wig, was widely viewed as risible. It emerged later that important evidence had not been passed on to the defence lawyers. Ulrich Lumpert, an engineer who testified to the validity of a key piece of evidence, admitted later in an affidavit of lying to the court.

The observer for the UN at the trial severely criticised the verdict, as did many lawyers. Robert Black, a law professor born in Lockerbie, who played an important role in organising the Camp Zeist proceedings, later became convinced that a great injustice had taken place. (...)

Fr Patrick Keegans had just been appointed as parish priest in Lockerbie and was looking forward to his first Christmas there at the time of the crash. His tireless work with the traumatised community drew wide praise and is remembered with gratitude.

He reflected: "For those of us who experienced Lockerbie, the story will never come to an end. Lockerbie lives with us, we are part of Lockerbie and Lockerbie is part of us... the horror, the tragedy, the sadness, the grief, the support and the love that was shown - all of that stays with us."

Fr Keegans, who is now retired, joined the Justice for Megrahi campaign after meeting the convicted man's family and is now backing the call for a fresh appeal.

"I can't live with myself being silent," he explained, "when I'm truly convinced that this man has been unjustly convicted. Lockerbie is an unfinished story as far as the legal aspects are concerned."

Megrahi died at his home in Tripoli, still protesting his innocence. He thanked Dr Jim Swire and others who had believed in him.

In his final days, he said: "I pray for all those who died every day. I shall be meeting my God soon, but the truth will come out.

"I really hope the truth of what really happened will come out one day."

Wednesday, 6 June 2018

Lockerbie investigators 'were led by the nose to Libyan culprits'

[What follows is excerpted from an item headed Fred Burton and The Lockerbie Case posted today on Dr Ludwig de Braeckeleer's Intel Today website:]

In his best-seller book Ghost[: Confessions of a Counterterrorism Agent (2008)], Mr Fred BurtonStratfor Vice President of Intelligence — makes a truly extraordinary statement regarding the Lockerbie Case. If true, Burton’s allegation totally destroys the credibility of the ‘official story’ as narrated by FBI Richard Marquise, who led the US side of the Lockerbie investigation. But, and this is amazing, it also gives the boot to the ‘alternative theory’ promoted by many, including former CIA officer Robert Baer.

During the Lockerbie investigation, detectives from Britain, the United States and Germany examined computer records at Frankfurt airport.

They concluded that an unaccompanied Samsonite suitcase — thought to have contained the bomb — arrived on 21 December on Air Malta Flight KM 180 before being transferred on to Flight 103.

This evidence led Britain and the US to charge two Libyan Arab Airlines employees who had worked in Malta  — Lamen Khalifa Fhimah and Abdel Basset Ali Al-Megrahi — with putting the suitcase on Flight KM 180.

In his best-seller book Ghost, Mr Burton — a former deputy chief of the DSS counterterrorism division — claims that the CIA told him — a few days after the bombing of Pan Am 103 — that the bomb (located in a Samsonite suitcase) had come from Malta Airport. REPEAT: “A few days after the bombing of Pan Am 103.”

The key Frankfurt document — printed by an airport employee named Bogomira Erac — was given to the German BKA in February 1989. This document was not shared with the Lockerbie investigators until the end of the summer 1989. (Marquise – SCOTBOM page 50).

So, if Mr Burton tells the truth about his CIA contact, we have a serious problem.

How on earth could the Agency have known in December 1988 about the Malta-Frankfurt route when the ‘evidence’ about it only appeared eight months later?

Burton’s extraordinary allegation would imply that the Lockerbie investigators were led by the nose to the ‘Libyan culprits’.

But this story turns into a paradox. According to former CIA Robert Baer, the Agency never believed that Libya was behind the Lockerbie bombing!

“Regarding the CIA people in Malta who knew about Giaka [the Lockerbie trial ‘star’ witness], I asked them what the fuck was going on.

And they said: ‘We took one for the team, by making up this stuff about Libya.’

That was their exact words, ‘we took one for the team’.

Meaning they knew Giaka was a fraud, a swindler”.

As I have explained in the past, I do believe that Libya was framed for the Lockerbie bombing. But the decision to frame Libya did not occur before the summer of 1989. (...)

As a matter of fact, the CIA stopped paying Giaka because he had no useful information to pass.

The SCCRC has recently accepted to review the Lockerbie case. If Mr Burton’s extraordinary allegation can be proven, then obviously, Megrahi was framed as many experts suspect. Of course, the study of the key piece of evidence (PT35b) has already demonstrated that much.

Unless you are willing to accept the concept of ‘alternative truth’, there are simply too many ‘true stories’ about Lockerbie.

As long as the ‘truth’ will be defined by the lies upon which Western Intelligence Agencies decided to agree, I will keep on writing ‘a complete fictional account’ of the Lockerbie case.

At least, my ‘fiction’ respects the laws of nature (physics, chemistry,  metallurgy …), as well as logic and good old common sense. The ‘Lockerbie legal truth’ narrative is nonsense, utter nonsense.

Wednesday, 13 September 2017

Thurman and the FBI laboratory

[On this date in 1995 the FBI crime laboratory was the subject of a highly critical television programme broadcast on the ABC network. It followed disclosures by one of the laboratory’s scientists, Dr Frederic Whitehurst, about the methods adopted by some of his colleagues, including Tom Thurman. The scandal later became the subject of a book, Tainting Evidence, by John Kelly and Phillip Wearne. The relevance of this to the Lockerbie case becomes apparent in this extract from a 2008 article by Dr Ludwig de Braeckeleer:]

Thomas Thurman worked for the FBI forensics laboratory in the late 80s and most of the 90s. Thurman has been publicly credited for identifying a tiny fragment as part of a MST-13 timer produced by the Swiss company Mebo.

“When that identification was made, of the timer, I knew that we had it,” Thurman told ABC in 1991. “Absolute, positively euphoria! I was on cloud nine.”

Again, his record is far from pristine. The US attorney general [RB: through the Department of Justice’s Inspector General] has accused him of having altered lab reports in a way that rendered subsequent prosecutions all but impossible. He has been transferred out the FBI forensic laboratory. Thurman has since left the FBI and joined the faculty at the School of Criminal Justice, Eastern Kentucky University.
The story sheds some light on his formation. The [Inspector General’s] report says “Williams and Thurman merit special censure for their work. It recommends that Thurman, who has a degree in political science, be reassigned outside the lab and that only scientists work in its explosives section.”
“For what it’s worth the best information on Lockerbie came long after Zeist, when the investigation was closed. I’ve always been curious about this case and never stopped looking into it, until the day I left the CIA in December 1997,” Robert Baer told me.
“The appeals commission posed the question to me about someone planting or manipulating evidence only to cover all the bases. I told them I did not think there was an organized attempt to misdirect the investigation, although I was aware that once it was decided to go after Libya, leads on Iran and the PFLP-GC were dismissed. Often in many investigations of this sort, the best intelligence comes out long after the event,” Baer added.
“I’m fascinated to know precisely why the Scots referred the case back to the court, although they did tell me the FBI and Scotland Yard have manipulated the evidence for the prosecution,” Baer told me.
Forensic analysis of the circuit board fragment allowed the investigators to identify its origin. The timer, known as MST-13, is fabricated by a Swiss Company named MeBo, which stands for Meister and Bollier.
The company has indeed sold about 20 MST-13 timers to the Libyan military (machine-made nine-ply green boards), as well as a few units (hand-made eight-ply brown boards) to a Research Institute in Bernau, known to act as a front to the Stasi, the former East German secret police. (...)
The CIA’s Vincent Cannistraro is on the record stating that no one has ever questioned the Thurman credentials. Allow me.
“He’s very aggressive, but I think he made some mistakes that needed to be brought to the attention of FBI management,” says Frederic Whitehurst, a former FBI chemist who filed the complaints that led to the inspector general’s report.
“We’re not necessarily going to get the truth out of what we’re doing here,” concluded Whitehurst who now works as an attorney at law and forensic consultant.
Dr Whitehurst has authored something like 257 memos to the FBI and Justice Department with various complaints of incompetence, “fabrication of evidence” and perjury of various examiners in the FBI Laboratory (primarily Explosives Unit examiners).
“What I had to say about Tom Thurman and the computer chip was reported to the US attorney general’s inspector general during the investigation of wrongdoing in the FBI lab in the 1990s. I acquired all that information and the inspector general’s report from a law suit under the Freedom of Information Act and therefore the information provided under that FOIA request is in the public sector,” Whitehurst told me.
“I reported to my superiors up to and including the director of the Federal Bureau of Investigation, the US attorney general, members of the US Congress and US Senate as well as the Office of the President of the United States that FBI Supervisory Special Agent Thomas Thurman altered my reports for five years without my authorization or knowledge. This is public information. Thurman holds an undergraduate degree in political science and I hold a PhD in chemistry.”
“Thurman was not recognized by the FBI or anyone else as having expertise in complex chemical analysis and I was. When confronted with this information Thurman did not deny it but argued that my reports could and/or would hurt prosecutors’ cases. I was very concerned about the fact that wrong information in the final reports could hurt individuals and deny citizens of this country right to a fair trial. When I raised my concerns with my managers at the FBI laboratory, all except for one of them reminded me that Thurman was the “hero” behind determining the perpetrators of the Pan Am 103 disaster.”
“I understood from that that the FBI would not expose these issues for fear that the investigation into the Pan Am 103 bombing would be seen as possibly flawed and this would open the FBI up to criticism and outside review.”
No government body has found that Mr. Thurman has done anything illegal. However he was relieved from his post in the FBI’s Explosives Unit and placed in charge of the FBI’s Bomb Data Center.
“Did Mr Thurman find the integrated circuit chip about which you have referred? After leaving the FBI, I was interviewed by Scottish defense attorneys for one of the individuals accused of bombing Pan Am 103. At that interview were two of my attorneys, two FBI attorneys and two Scottish attorneys and me. I was asked what I knew about the circuit chip. I can say that I was not interviewed because I agreed with the official version of the discovery of that integrated circuit chip,” Whitehurst wrote to me. (...)
In the world of Forensic Sciences, former FBI [special agent] William Tobin is a legend. To name but a few of his achievements, Tobin demonstrated, along with his NTSB colleagues, that TWA 800 had been destroyed by mechanical failure at the time when virtually the rest of the world strongly believed a terror act. Both the NTSB and the CIA subsequently presented compelling evidence demonstrating the scientific validity of Tobin’s conclusion.
After retiring, Tobin demonstrated that the Lead content bullet identification technique, used by the FBI for more than four decades, was flawed. Tobin was not allowed to work on this matter while at the FBI.
Tobin knows a few things about superhero Thomas Thurman. Tobin told me that, in his opinion, Thurman and other Explosives Unit examiners were prone to confirmation bias, an observer bias whereby an examiner is inclined to see what he is expected to see. Tobin’s opinion is based on “numerous interactions whereby Thurman and other examiners rendered conclusions supporting the prevailing investigative or prosecutorial theory but which were unsupported by scientific fact.
It was not uncommon to determine that items characterized as ‘chrome-plated’ were nickel-plated, ‘extrusions’ turned out to be drawn products, ‘castings’ turned out to be forgings, white residues characterized as explosive residue turned out to be corrosion products (generally Al2O3 or a non-stoichiometric form), bent nails claimed to be indicative of an explosion, and a truck axle was characterized as having fractured from an explosion (a conclusion rendered solely from an 8-1/2” x 11” photograph where the axle was a small fraction of the field of view and the fracture surface itself was not observable).
“I put no credence into any scientific or technical conclusions rendered by anyone without a suitable scientific background for that matter, until I can make an independent evaluation. Thurman was a history or political science major to my recollection,” Tobin added
“His habit, as with most Explosives Unit examiners with whom I interacted and based on numerous court transcript reviews and ‘bailout’ requests I received on several occasions (to ‘bail out’ an examiner who not only misrepresented an item of evidence but also was confronted with more accurate representations of the evidence in trial), was to seek someone else’s expertise and then present it as his own in a courtroom without attribution.”
“He would frequently come into my office, ask for a ‘quick’ assessment of something (but I would always indicate that my opinion was only a preliminary evaluation and that I would need to conduct proper scientific testing of the item(s)), then weeks later I would see the assessment in a formal FBI Laboratory report to the contributor (of the evidence) as his own ‘scientific’ conclusion,” Tobin remembers.
“I cannot imagine that he was acting alone. He was a mid-level manager without a great deal of authority and with severely limited credentials of which the FBI was fully aware,” Whitehurst answered when I asked him if he thought that Thurman had acted alone.
“The problem with having a scientific laboratory within an intelligence gathering organization is that scientists traditionally are seeking truth and at times their data is in direct contradiction to the wishes of a government that is not seeking truth but victory on battle fields.”
“The problem with the scientific data is that when one wishes to really determine what the government scientists or pseudo scientists could have known, one need only look at the data. So few citizens ever ask for or review that data. So few scientists wish to question the government that feeds them and gives security to their families.”
“Was Thurman ordered to do what he did? No one acts alone without orders in the FBI. We had clear goals which were clearly given to us in every document we received from anyone. If a police organization wished for us to provide them “proof” of guilt then they told us in many ways of their absolute belief that the perpetrators were those individuals they had already arrested. If the president of the United States tells the country in the national news that Dandeny Munoz Mosquera is one of the most fear assassins in the history of the world then every agent knows that he must provide information to support that statement. If leaders decide without concern for foundation of truth then most people will follow them,” Whitehurst said.
“Thurman did not act alone. The culture at the FBI was one of group think, don’t go against the flow, stay in line, ignore that data that does not fit the group think,” Whitehurst added.
His former colleague agrees. “I’ve seen so often where an individual who was at one time an independent thinker and had good powers of reasoning acquires the ‘us vs them,’ circle-the-wagons, public-relations at all costs mentality at the FBI,” Tobin says.
“As much as I loved the institution, I have never seen a worse case of spin-doctoring of any image-tarnishing facts or developments as I had at the FBI. Never! It seemed the guiding principle was ‘image before reality’ or ‘image before all else’ (including fact). Whatever you do, ‘don’t embarrass the Bureau’ and ‘the Bureau can do no wrong.’”