Friday, 22 August 2014

Why so little pressure from British and American public on their governments to investigate Lockerbie properly?

[Five years ago, the compassionate release of Abdelbaset Megrahi on 20 August 2009 was still reverberating in the media. Professor Hans Koechler, an international observer appointed by the United Nations at the Lockerbie trial, issued a statement approving of the release, and contributed an article to The Independent. The latter, as reproduced at the time on this blog, reads as follows:]

I am always surprised when people refer to Abdelbaset Ali al-Megrahi as the Lockerbie bomber. Even if he is guilty – something which, personally, I do not believe – he would only be a Lockerbie bomber, just one of many people who carried out a crime which would have taken a large network of people and lots of money to carry out. It amazes me that the British and American governments act as if the investigation into the bombing is somehow complete.

But I welcome the release of Megrahi, because I firmly believe that he is innocent of the charges made against him. Believe me, if I thought he was guilty I would not be pleased to see him released from jail.

His decision to drop his appeal, however, is deeply suspicious – I believe Megrahi made that decision under duress. Under Scottish law he did not need to abandon his appeal in order to be released on compassionate grounds. So why did he do it? It makes no sense that he would suddenly let it go.

In my time as the UN's observer at Megrahi's trial, I watched a case unfold that was based on circumstantial evidence. The indictment against him and al-Amin Khalifa Fhimah went to great lengths to explain how they supposedly planted a bomb on Flight 103, and yet Fhimah was acquitted of all the charges against him. It made no sense that Megrahi was guilty when Fhimah was acquitted.

The prosecution produced key witnesses that lacked credibility or had incentives to bear false witness against Megrahi. Tony Gauci, the Maltese shopkeeper who supposedly sold him the clothes that went around the bomb, had been fĂȘted by the Scottish police who took him fishing. The Americans paid him cash following his testimony. The weakness of that testimony would have been a key component of Megrahi's appeal.

We will probably never really know who caused the Lockerbie bombing. So much key information was withheld from the trial. A luggage storage room used by Pan Am at Heathrow was broken into on the night of the bombing, and yet this information was withheld. The British have yet satisfactorily to explain why.

I want to know when the bomb was placed on the plane and by whom. We have to look more closely into the "London theory" – that the bomb was placed on the plane at Heathrow and not in Malta.

It would be childish to be satisfied with the conviction of just one person for a crime that clearly involved a large number of people. I find it very difficult to understand why there seems to be so little pressure from the British and American public on their governments to investigate the bombing properly.

The UK regularly talks of the need to pursue all terrorist atrocities. Yet how can the Government assure the public they really believe that, when they have virtually abandoned their investigation into the worst terrorist attack in the country's history?

We have to know what happened and the only way is a full public inquiry, either mandated by the House of Commons or by an investigative commission voted for by the UN's General Assembly. Time is of the essence. This crime is already 21 years old. To find out the truth we must act now.

Thursday, 21 August 2014

Scottish Government shirking responsibilities by expecting foreign authorities to pick up gauntlet

What follows is taken from an item posted on this blog four years ago today:

Call for public inquiry into bombing

[This is the headline over a report in today's edition of The Herald. It reads as follows:]

Dignitaries and campaigners including Desmond Tutu have called for the Scottish Government to launch a public inquiry into the Lockerbie bombing.

In an open letter, some 24 signatories including relatives of the victims, such as Dr Jim Swire and Jean Berkley, today call for a full and open inquiry.

The letter questions recent moves by the Scottish Government “to abrogate its responsibility and pass the buck to London” in relation to calls for a public inquiry.

First Minister Alex Salmond and Justice Secretary Kenny MacAskill have said that Scotland has neither the power nor the resources to hold an investigation.

The letter states: “When it came to granting compassionate release to Mr Megrahi, the Scottish Government was adamant that the matter fell under Scottish jurisdiction and would brook no interference in the nation’s affairs.

“When it comes to the establishment of an inquiry, why does Edinburgh appear so keen to abrogate its responsibility and pass the buck?

“One cannot have one’s cake and eat it. The excuse frequently offered is that a Scottish inquiry would not possess the requisite power of subpoena when it comes to requiring evidence to be produced.

“This same argument not only applies to Westminster but to the General Assembly of the United Nations Organisation also. In fact, the only body with the powers that Mr Salmond is looking for is the Security Council of the UN.

“In other words, given this, and the fact that the General Assembly appears to be reluctant to take the bull by the horns, it is down to individual nation states.

“The Scottish Government should not be allowed to shirk its duties and responsibilities to the bereaved and its electorate by expecting other, foreign, authorities to pick up the gauntlet.”

The letter, sent to ministers to coincide with the anniversary of Megrahi’s release, makes the point that Holyrood should be fully able to assess the details of what happened because the case was investigated by Scottish police, the trial was conducted under Scots law, and Megrahi was held in a Scottish prison and released on compassionate grounds by a Scottish minister.

Wednesday, 20 August 2014

A murky web of lies

[Today marks the fifth anniversary of the release from HMP Greenock of Abdelbaset Megrahi.  

On this date three years ago he was still alive, to the annoyance of much of the media. However, The Scottish Sun published a long article by Marcello Mega headlined The dossier of doubt over Lockerbie. The following are excerpts from the article, as reproduced on this blog:]

The Scottish Sun today lifts the lid on a top-secret dossier that accuses Scots cops and prosecutors of suppressing seven key areas of evidence that cast doubt on the Lockerbie bomber's conviction.

The Scottish Criminal Cases Review Commission looked into the evidence against Abdelbaset Ali al-Megrahi - and found a murky web of lies.

The SCCRC's explosive report suspects the Scots authorities are behind a deliberate cover-up over the trial that saw Megrahi jailed for killing 270 people in the 1988 bombing of Pan Am flight 103 over the Dumfriesshire town.

Now on the second anniversary of cancer-stricken Megrahi's controversial release from a Scots jail, we can reveal the commission has grave concerns over the evidence against the 59-year-old following a multi-million-pound, four-year investigation.

In the dossier - seen by The Scottish Sun - Maltese shopkeeper Tony Gauci, who helped finger Megrahi as the bomber, is described as an "unreliable" witness.

Police are also accused of lying in court while prosecutors - including then Lord Advocate Colin Boyd QC - are suspected of suppressing bombshell evidence that would likely have seen Megrahi walk free.

Last night Robert Black QC, retired Professor of Scots Law at Edinburgh University and the architect of the Lockerbie trial, told how he believes Megrahi is innocent.

Mr Black said: "Megrahi is not the Lockerbie bomber and these revelations further underline that.

"I said after reading the daily transcripts of the evidence at the trial and before the judges delivered their verdict that there was no way Megrahi could be convicted on the evidence presented.

"That the judges did convict him on the flimsiest of evidence, which required several leaps of faith on a number of crucial matters that had not been proven by the Crown, remains a matter of profound concern for all of us."

Mr Black said it was now vital that a top-level public inquiry is held to get to the truth.

He said: "We need strong leadership now. We need to admit publicly that we got it wrong, and set about putting right that injustice." (...)

Seven key flaws
Denied fair trial
The Scottish Criminal Cases Review Commission says Megrahi WAS denied a fair trial in their damning report.

They said the Crown suppressed from Megrahi's defence team statements showing how much key witness Tony Gauci changed his mind about crucial details over the years.

Maltese shopkeeper Gauci's evidence fingered Megrahi as the man who bought clothes in his shop on the Mediterranean isle that were linked to the suitcase carrying the bomb that blew up Pan Am flight 103.

The SCCRC report says Gauci was an "unreliable" witness but this was not shown to be the case in court.

They said: "The effect of all of these inconsistencies is powerful. The court was left with a distorted and different impression of the witness. In this way Megrahi was denied a fair trial."

Cop lies
The SCCRC found that police said in evidence they first showed Gauci photos of Megrahi on September 14, 1989 - when he had in fact also been shown them on September 8.

The report said: "This was not disclosed to the defence. There is no statement from Gauci produced, no police witness statements produced."

The SCCRC said if Gauci had been shown Megrahi's pic six days before he picked him out as resembling the buyer at his shop, then that ID was totally undermined.

Diary dispute
In its report, the SCCRC challenges the integrity of evidence given by retired Strathclyde DCI Harry Bell, who had a close bond with Gauci.

The commission found that events recorded in Bell's diaries didn't always match what he said in evidence.

The commission noted that Bell claimed the Megrahi photo shown to Gauci on September 14, 1989, was the first one. This was not true.

It also reveals Bell, DC John Crawford, a retired Lothian and Borders cop, and an FBI agent all made statements claiming that Gauci had talked of a "striking similarity" between Megrahi and the buyer.

But Maltese officers revealed Gauci was unsure, was coached and told to age the photos by ten to 15 years.

The report says: "This is different to DCI Bell's evidence at trial. It also implies the witness is unclear."

Cash for answers
The commission obtained evidence from police memos that Gauci was made aware from his first contact with investigators that his testimony could be worth MILLIONS.

This contradicted evidence given by Scots and US investigators at Megrahi's trial.

One undisclosed memo reveals the FBI discussed with Scots cops an offer of unlimited cash to Gauci - with "$10,000 available immediately".

If a judge was made aware of this in another case, they'd tell a jury to discount the evidence.

Xmas lights lies
In court Gauci was vague about the exact date on which the clothes were bought.

The date was narrowed to either November 23, 1988, when Megrahi was not on Malta, or December 7, 1988, when he was.

Gauci said Christmas lights were NOT on yet in his hometown Sliema when the suspect visited his shop.

Cops said they could not find out when the lights were switched on.

But the SCCRC easily established it was December 6 - a day too early for Megrahi to have been the buyer.

The commission's report says: "It is clear that the police were in no doubt that Gauci was clear in his recollection." It adds "no reasonable court" could have concluded Megrahi bought the clothes from Gauci's shop.

Defence in the dark
It appears efforts were made to cover up key evidence that would have been useful for Megrahi's defence team.

The commission noted that early uncertainty on the part of Gauci was never passed over to the defence, nor was the fact that Scots detectives feared he was trying too hard to please them.

The fact a senior Maltese detective also considered Gauci to be an unreliable witness was never disclosed to lawyers representing Megrahi.

Evidence supressed
The SCCRC claims Colin Boyd QC, who was Lord Advocate at the time of Megrahi's trial and conviction in 2001, suppressed key evidence.

The trial judges maintained Gauci was "entirely reliable" on the list of clothing he claimed the buyer suspect purchased.

Yet a statement he made in 1999, and discovered by the SCCRC, saw him produce "a wholly different list of items and prices". This, along with many other files that could damage the Crown case, was suppressed. The report says Mr Boyd failed in his duty of disclosure to the defence.

Tuesday, 19 August 2014

Highest Bayesian probability of Megrahi guilt 23 per cent

[Two highly important articles have recently been posted on the website Three Sides to Every Story. The first is headed Why the Lockerbie bomb was loaded at Heathrow and Megrahi was innocent. The first two paragraphs and the last paragraph of the lengthy piece read as follows:]

It is slightly shocking that Morag Kerr's book, which gives the first ever convincing, evidence-based reconstruction of the Lockerbie bombing, has not been reviewed in a major UK-wide newspaper since coming out in December.

She completely rebuts the case which was pressed by the Crown and accepted by the Camp Zeist court against the late Abdelbaset al-Megrahi, a Libyan agent, who served [8] years in prison in Scotland after conviction.  She also shows how the crime was really committed: not by Megrahi loading the suitcase with the bomb at Malta, to be transferred at Frankfurt onto the plane to Heathrow that was set to go on to New York City, before detonating over Scotland, but rather by persons unknown spiriting the suitcase onto the plane at Heathrow by placing it in a luggage shed ready to go directly on board Pan Am 103 to New York City. (...)

You will have to read the book and judge the forensic complexities for yourself.  For my part, I am convinced that Kerr is the first person to accurately reconstruct the Lockerbie bombing.  It was a crime perpetrated at Heathrow, and an innocent man suffered for it.  It is a textbook case of a miscarriage of justice, featuring leads missed by the police, unfeasible reconstructions of events and incompetent experts, as well as misconstrued, unreliable evidence both material and eye-witness.  The judges constructed a circumstantial case by irrationally explaining away key exculpatory evidence.  Kerr's book is not only a triumph of critical, evidence-based investigation, but also an instructive example of how a miscarriage of justice can occur.

[The second article is headed Bayesian probability analysis of the guilty verdict against Megrahi for the Lockerbie bombing. The first two paragraph read as follows:]

In my first post about the Lockerbie bombing, I discussed Morag Kerr's book reconstructing the commission of the Lockerbie bombing and demonstrating the innocence of the convicted man, Abdelbaset al-Megrahi.  In common with most humanistic reasoning, neither the verdict that condemned him nor Kerr's argument for his exoneration deployed any arithmetic of probability in analysing the evidence.  I think the widespread lack of arithmetical analysis of evidence is a serious weakness in fields like criminal law and history.

In this, I am following Richard Carrier in his book Proving History.  I am persuaded by him that we ought not just to use adjectives like "possible" and "probable" when we debate which theories best explain the evidence before us on a contentious historical or forensic question.  Additionally, we should use Bayes' Theorem: using numbers to express our opinions, and multiplying and dividing them according to Bayes' formula in order to calculate our reckoning of which theory explains the evidence the best.  The three main virtues of Bayes' Theorem are that it forces the analyst of evidence to specify clearly how good they think a theory is at explaining the evidence; it enables them to put all the evidence together in a mathematically sound way; and, above all, it forces them to look for evidence that supports their theory better than alternative theories, thus helping them to overcome the common failure to give alternatives due consideration.  Of course, different people can have different opinions about probabilities: the virtue of Bayes is that it brings out exactly what people agree and disagree about, and thus focuses their debate productively on crucial areas of disagreement.

[The author then subjects the evidence against Megrahi to Bayesian probability analysis and concludes that the highest probability of guilt that the judges should have arrived at was 23% and concludes:]

The judges failed to use Bayesian reasoning, which would have shown them that, far from a series of improbabilities adding up to a proof of Megrahi's guilt, they should have multiplied them out to a much greater sense of doubt.  They failed to appreciate that the crime was such an unlikely one on principle, that iron-clad evidence of Megrahi's guilt was required to overcome the prior improbability: extraordinary claims require extraordinary evidence.  A circumstantial case built on improbabilities does not cut it.

If the judges had applied correct probabilistic reasoning to the facts they did have about an unaccompanied bag from Warsaw, then this would have neutralised the evidence of an unaccompanied bag coming from Malta.

Of course, if we included the evidence explained yesterday, and considered how probable it was, on a hypothesis of Megrahi's guilt, that a mysterious suitcase answering to the description of the bomb-case would be seen by a baggage-handler at Heathrow before the feeder flight from Frankfurt had even arrived, then it would only be fair to divide the 23% we have come to here by maybe 10 times, if not more.  Include all the evidence, and the probability of guilt is minimal.

Moreover, include a more realistic expectation of the probability of getting the bomb into the baggage system at Malta, and the probability drops again to a minuscule number.

In sum, even without the new understanding born of Kerr's investigation, Megrahi should not have been found guilty. With it, his innocence is proven.

Thus the worst mass-murder in British history, the killing of 270 people, should be regarded as an unsolved crime.

Utterly incompetent and shameful

What follows is an item originally posted on this blog on this date two years ago:

Lockerbie bomber’s cancer ‘a gift from God’ for Scottish government

[This is the headline over a long report on the Megrahi keynote session at the Edinburgh International Book Festival in today’s edition of The Malta Independent on Sunday. It reads in part:]

The cancer that killed Abdel Basset al-Megrahi, the only man convicted for the Lockerbie bombing, was a “gift from God” to establishments with something to hide, according to the Libyan’s biographer.

John Ashton made the claim last Saturday at the Edinburgh International Book Festival, which also featured other high-profile critics of the controversial case.

Megrahi died from prostate cancer in May in Libya after being released from prison in Scotland in 2009 on compassionate grounds.

Ashton said this week: “Megrahi’s cancer was a gift from God for everybody involved that had something to hide. It allowed his release, it allowed the final stages of the rapprochement between the UK and Libya, and it allowed the Scottish government to allow him out of prison on a legal basis that wasn’t one laid down by the hated government in Westminster.”

The course of events was a “political fix”, he told the audience at the venue in Charlotte Square, Edinburgh.

“It was a tragedy for Megrahi but I think everybody else was punching the air.”

He added: “The judges got it wrong, for whatever reason, and the Crown Office withheld evidence.

“I’m sure they did so in good faith but their behaviour was utterly incompetent and shameful.”

Hans Köchler, the UN observer at the trial in the Netherlands, told the audience he could not understand why Megrahi was found guilty but his alleged co-conspirator was not.

Claiming that the trial was politically motivated, Köchler said: “Eight senior Scottish judges got it wrong, but the question is why? It is not because of a lack of intellectual skills.”

The cover of the biography, Megrahi: You are my Jury, carries a quote from Megrahi saying: “I know that I’m innocent. Here, for the first time, is my true story: how I came to be blamed for Britain’s worst mass murder, my nightmare decade in prison and the truth about my controversial release. Please read it and decide for yourself. You are now my jury.”

Jim Swire, who lost his daughter in the 1988 bombing of Pan Am flight 103, was also present at the event. Swire demonstrated his anger and frustration surrounding the case, speaking of his meeting earlier this year with the Lord Advocate who claimed did not know why evidence was withheld by the Crown Office in the original trial, specifically the evidence surrounding a break-in at Heathrow airport around the time Pan Am Flight 103 took off from London.

Swire believes that a bomb was taken on board in London.

“During the whole trial we did not know that Heathrow airport had been broken into 16 hours before Lockerbie happened, it seemed to me very likely that was the technology that had been used,” he said. “The whole concept that the thing came from Malta via Megrahi’s luggage or anyone else’s seemed, to me, far-fetched.” (...)

“What I say is, first and foremost, that the judges got it wrong, for whatever reason, and the Crown Office withheld evidence,” Ashton went on to say.

Monday, 18 August 2014

A permanent stain on Scottish justice

[At the Edinburgh International Book Festival today James Robertson featured at an event entitled What kind of Scotland do we imagine? The following are excerpts from a review on the Literature for Lads website:]

James Robertson was introduced by the Chair of the event and fellow author, Allan Massie as "a distinguished and versatile novelist having written about topics such as slavery, Calvinism and Scottish history… In addition in his latest novel The Professor of Truth he examines the question of truth and what is justice." Over the next hour Robertson gave his views on many of these topics whilst also engaging in interesting debate with both the Chair and members of the audience. 

Robertson opened proceedings by reading a section from The Professor of Truth which featured a discussion between two of the characters and their views on the justice system.  Following this Robertson shared with the audience his belief that the justice system is in many regards flawed.  He believes that in the past '...the truth is not always achieved. Justice has not always been done. This has implications for all of us as Law is fundamental to any society. If it's not working it is a problem for all of us'. Although both Allan Massie and Robertson were keen to point out that The Professor of Truth is a work of fiction it is clearly based on the Lockerbie bombing and the subsequent legal case.

Chair Massie questioned Robertson about the pending appeal in the case of the Lockerbie bomber. "If it's rejected what does it say about Scottish Law?" Robertson believes "there will be a great deal of unfinished business if the outcome is not challenged. Currently it's a permanent stain on Scottish justice. The system has a shadow hanging over it… it's crucial to lay to rest many of the severe doubts people have." (...)

Robertson is an outstanding novelist and respected cultural voice in the world of Scottish politics. Today he shared his views with an interested and animated audience who were keen to engage him in debate and discussion both on his novels and on the impending Scottish referendum. There is no doubt that whatever the outcome of next month's referendum he will continue to remain one of Scotland's leading novelists and cultural commentators.

Murky, contentious and unresolved mystery

[Five years ago this week we were all on tenterhooks waiting for Kenny MacAskill’s decision on the Libyan Government’s application for transfer of Abdelbaset Megrahi to Libya to serve the remainder of his sentence and on Megrahi’s own application for compassionate release in view of his terminal prostate cancer. The following are excerpts from an article by Magnus Linklater published in The Times on 18 August 2009:]

It is hard to overstate the three issues at the heart of the Lockerbie affair. The first is compassion — for a man, who may be innocent, and is dying in prison. The second is justice — the search for truth about a deadly act of terrorism. The third is reputation — the probity and good name of a government seeking to balance all these against the need to do the right thing.

To sacrifice all three in the course of a week, while at the same time emerging as weak, indecisive, secretive and self-serving, is a quite spectacular achievement. Yet that is what the Nationalist administration in Scotland has succeeded in doing in the course of its first important appearance on the international stage. (...)

The years roll by as a lengthy appeal process unwinds, each time attracting an accumulation of doubt as campaigners dig up claim and counterclaim, suggesting that the conviction was unsafe. Meanwhile, the man himself develops prostate cancer and is said to be close to death. The final appeal, his family say, may come too late. (...)

After indicating that he was “minded” to release the bomber on compassionate grounds, Mr MacAskill did something Macchiavelli would certainly have forbidden — he went into prison to see the man himself. Minister and terrorist face to face, a meeting that ensured that Mr MacAskill was no longer at arm’s length from the affair.

What did they say to each other? We do not know. But within days, it emerged that Abdul Baset Ali al-Megrahi would indeed be released on compassionate grounds, and might well be back in Libya within a week — in time for Ramadan.

There were, of course, protests from American relatives, but those had been expected. The case would continue, they were told, even in the absence of the accused. But then, just as we were adjusting to this, the defence team announced that it was dropping his appeal.

This had the immediate effect of alienating not only those who had argued that al-Megrahi should stay in prison, but those who wanted him returned; they had always insisted that the case must go on so that his name would be cleared. The immediate supposition was that a deal had been done in that prison cell, perhaps to prevent embarrassing disclosures in the High Court. As for the rest of us, we mourned that the last chance of getting at the truth of this murky, contentious and unresolved mystery was now lost.

Sunday, 17 August 2014

Crown Office and Scottish Government stonewalling

[What follows is a snippet from an interview with Hugh Andrew, founder and managing director of Birlinn, published today on the Herald Scotland website:]

On setbacks to growth, Mr Andrew says: "Every time a book fails it is a setback, there is no legislating for the market. You can produce something you think is the most wonderful book and it bombs."

But there are welcome surprises too, like The Tobermory Cat, one of Birlinn's biggest successes though with the unwelcome surprise of a lawsuit alleging creative ownership of the "concept" of the island's real-live cat. Mr Andrew notes how the inspiring Calum's Road based on Raasay made a significant contribution to island tourism, and says the cat's tale has promoted Tobermory round the world. He says: "We brought out the defence case for Abdelbaset Ali al-Megrahi and received no legal injunction or comment but the cat has caused me more legal difficulties than anything I have ever published."

[The books published by Birlinn include John Ashton’s Megrahi: You are my Jury (2012) and Scotland’s Shame: Why Lockerbie still matters (2013). It is utterly shameful that the shocking disclosures in these books have provoked no reaction other than stonewalling from the Crown Office and the Scottish Government.]

MH17 and Lockerbie: a view from the Netherlands

[MH17: Netherlands wrestles with huge criminal case is the headline over a report published today on the BBC News website.  It reads in part:]

Two-thirds of the 298 people on board Malaysia Airlines Flight MH17 were from the Netherlands. That is why the Dutch have taken the lead in identifying the bodies, trying to establish what caused the crash and running the criminal investigation.

Western governments suspect that the jet, with 298 people on board, was hit by a Russian surface-to-air missile fired by pro-Russian separatists. The rebels and Russia blamed the Ukrainian military for the crash. (...)

This is the biggest criminal investigation ever conducted in the Netherlands.

"Never before have we had a murder case with so many victims," said Wim de Bruin from the Dutch prosecution service, fielding press inquiries from all over the world. Passengers from 10 different countries were on board Flight MH17.

Ten Dutch prosecutors and 200 police officers are involved in gathering and preparing the evidence for a criminal trial.

There are three main questions about the eventual MH17 trial: Where will it be conducted? What crimes will the accused be charged with? How long before we see the suspects in court?

The Dutch prosecutors are still in the initial stages of the criminal investigation, but they have already dismissed speculation that the trial could be held at the International Criminal Court in The Hague.

The ICC only takes cases if countries are unable or unwilling to prosecute. The Dutch are willing and able.

Under the current plan, the suspects would be extradited to face trial at the District Court in The Hague. But extradition would require the host country's co-operation, once the suspects are identified.

Wim de Bruin says they are considering "several grounds and possibilities" concerning the charges.

"Of course murder, but we also have the crime of 'wrecking an airplane' and we could use international criminal law - that would mean possible charges of war crimes, torture and genocide." [RB: I find it difficult to envisage how torture and genocide charges could arise in this case.]

It is impossible, they say, to give a time frame. The only reference they have is Lockerbie. Pan Am Flight 103 was blown up over Scotland in 1988, killing 259 people on board and 11 others on the ground. In 2001, a Libyan intelligence officer was jailed for the bombing.

Yet questions remain about the bomb plot - not only the perpetrators but also the motives. In 2003 Col Muammar Gaddafi - later killed in the Arab Spring - accepted responsibility and paid compensation to the victims' families. [RB: The scope of Libya’s acknowledgment was limited to acceptance of “responsibility for the actions of its officials”.]

"With Lockerbie it took three years for the investigation and then another seven for the trial," Mr De Bruin recalls. "And that was with a plane that crashed in a peaceful place. With MH17 the case is more complicated."

[My own assessment of the jurisdictional questions that arise out of MH17 and how they compare with those that arose out of Pan Am 103 can be read here.]