One might have expected more in the way of hard evidence

[What follows is the text of an article by Ian Ferguson that was published on this date in 2000 by Middle East Intelligence Bulletin:]

Set in the tranquility of the Dutch countryside, the trial of the two Libyans accused of bombing Pan Am flight 103 and killing 270 persons on December 21, 1988 has not yet reached it's 50th day in session, yet it is already clear that the prosecution's case is showing signs of major cracks. The investigation, which led to the charges being brought against Al-Amin Khalifa Fhimah and Abdel Basset Ali al-Megrahi, was heralded as the largest criminal investigation in history. With the combined resources of the Scottish Police, the FBI and the CIA being brought to bear on this case, one might have expected a case which contained more in the way of hard evidence. Thus far, however, the Crown has presented a case composed entirely of circumstantial evidence and recent revelations at the trial show that some of it may be fatally flawed.

In the last few weeks we have seen an issue develop at the trial concerning the evidence of Libyan informer Abdul Majid Giaka. Prosecuting authorities on both sides of the Atlantic have for many years now indicated that this man would be their star witness. Skeptics were told to stay quiet and await his testimony at the trial. Giaka, who has been in the U.S. Witness Protection Program since July 1991, arrived at Camp Zeist on August 14 expecting to testify at the trial. The nearest he got to the courtroom was driving past it in his motorcade of US deputy marshals who provide his protection and he flew back to the United States on August 31. During those two weeks, instead of hearing the testimony of Giaka, the court has been preoccupied with legal submissions and arguments over a number of classified CIA cables sent by Giaka's handlers in Malta back to CIA headquarters in Langley, Virginia.

The legal row erupted on August 22 when the court reconvened after the summer recess. William Taylor, QC for Megrahi, informed the judges that there were some 25 CIA cables relating to Giaka and that he had been informed the day before that the prosecution had seen much fuller versions of these cables than had been provided to the defense, thus placing the defense at distinct disadvantage. The Crown admitted that they had been shown a version of these cables on June 1 and that what they had seen was "blacked out" or redacted from the version given to the defense.

The Lord Advocate of Scotland, Colin Boyd, told the court that what Advocate Depute Alan Turnbull QC had seen was irrelevant to the defense's case and was also information which could be a threat to the national security of the United States. The judges were not impressed with this argument and ordered Boyd to use his best endeavors to approach the CIA and have these edited portions made available to the defense. Meanwhile, the court agreed with the defense that they could not hear the testimony of Giaka until the issue of the CIA cables was resolved.

Alongside the CIA cables, the defense also challenged another item--a diary belonging to Fhimah that the Crown wished to present to the court. The court was told that the diary was obtained without a search warrant and as such they challenged its admissibility.

By Friday of that week, Boyd had produced for the defense and the court the largely unedited versions of the CIA cables. The contents were regarded by the defense as being "highly relevant" to their case. During lengthy legal debates we were treated to some of the "irrelevant" information that the Crown had decided should be denied to the defense. The idea that the Crown saw themselves as the arbiters of this information was at best an appalling lack of judgment and at worst an attempt to suppress information damaging to their case.

The new information showed that the CIA agents in Malta had questioned the value of Giaka as an informer. In a cable dated September 1989 (over a year after the CIA recruited him as an informer), they contemplated cutting off his $1000 per month salary as he had not provided them with the quality of information they had hoped he would. They doubted that he was an agent for the JSO (Libyan External Intelligence) and had decided to inform him that he would be put on "trial" status until January 1990. This is hardly a ringing testimonial for any informer and its importance to the defense was enormous.

If the CIA agents closely involved with Giaka held this opinion in September 1989, what happened in the intervening period to July 1991 to alter this opinion and make his testimony so crucial to this trial? If he possessed any information linking either of the two accused to the Pan Am 103 bombing, why was it not offered in the months leading up to the attack in December 1988, at which point Giaka had already been on the CIA's payroll for four months? Could it be that he was not able to supply them with this information until a decision was made to shift the focus of the investigation from Syria and Iran to Libya?

Evidence already given at the trial by a senior Scottish Police detective, Harry Bell, shows that a photograph of Megrahi was first shown to Maltese shopkeeper Tony Gauci in February 1991, after Bell was contacted by Special Agent Philip Reid of the FBI. Once again we are forced to ask why it took so long for Giaka to implicate Megrahi or Fhimah. Did it take from August 1988 until February 1991 for Giaka to implicate either of the accused? We certainly can deduce that it must have been at least after September 1989, when coincidentally his source of CIA money was threatened with withdrawal.

The use of information gathered by paid informers is already a contentious issue before courts in many jurisdictions and it has certainly become a major issue at this trial. The issues relate to motivation and credibility. Giaka would have been made aware that the US Department of Justice was offering a huge reward (around $4 million) for information leading to the conviction of those responsible for the bombing of Pan Am 103 and this may prove to be yet another hurdle for the prosecution to overcome.

The defense, sensing that the CIA may hold further information on Giaka, as well as on other groups that were originally the prime suspects in the investigation, successfully petitioned the court to once again have the Lord Advocate use his "best endeavors" with the CIA and request that it hand over all information it had on Giaka and the Damascus-based Popular Front for the Liberation of Palestine-General Command (PFLP-GC), specifically Mohammed Abo Talb, a member of the PFLP-GC.

On September 21, the court will hear whether or not the Lord Advocate has been successful in his requests to the CIA. If he is unsuccessful in his "best endeavors" route, the judges have left the door open to revisit another submission from Richard Keen QC for Fhimah, which they rejected in favor of asking Boyd to explore his present course of action. The legal remedy sought by Keen was for formal "letters of request" to be submitted to the U.S. government so that a federal judge can review all the pertinent documents held by the CIA and sanction the release of such documents (excluding those which pose a real threat to American national security). The judges originally rejected this request because Boyd informed the court that this procedure might take anywhere from six months to two years, during which time the court would have to be adjourned. Such a lengthy adjournment would likely be greeted by an outcry from many of the families of those murdered on Pan Am flight 103, but it may be the only solution for the judges to ensure that the accused receive a fair trial.

In any case, the Crown still has other problems with regard to the testimony of another contentious witness: Mohammed Abo Talb, who is currently serving a life sentence in Sweden for terrorist attacks in Copenhagen. Talb was originally the prime suspect in the Pan Am 103 bombing and has been named in the special defense cited by lawyers for both accused Libyans.

Talb has been linked to a PFLP-GC cell that was operating in Malta during 1988 and police found a diary in his Swedish apartment in which the date of December 21, 1988 (the day of the Pan Am bombing) is circled. Needless to say, this circumstantial evidence incriminates Talb at least as much as the note in Fhimah's diary saying "get Air Malta taggs" (sic) incriminates the accused. When Maltese shopkeeper Tony Gauci was asked to look at the photograph of Megrahi, he commented that this photograph "most resembled the man who bought clothes" in his shop, but went on to say "other than the picture of the man shown to me by my brother." The other picture Gauci was referring to was a photograph of Talb shown to him by his brother Paul.

The clothes in question are alleged to have been bought by Megrahi on the December 7, 1988, remnants of which the Crown alleges were found among the wreckage of the Pan Am plane. The defense will claim that the clothes were bought earlier by Talb and will present evidence of this to challenge the prosecution's claims.

So we have as good an identification of Talb as we have of Megrahi. Moreover, Talb is a convicted bomber with connections to a group that was making bombs hidden in Toshiba tape recorders that were nearly identical to the one alleged to have brought down Pan Am flight 103. We have also learned that Talb has agreed to testify at the Camp Zeist trial in return for a reduction in his sentence. A senior source in the Swedish police, who spoke on condition of anonymity, confirmed that an arrangement has been reached between the UK and Swedish authorities which will allow Talb to apply successfully for a "time limit" to be put on his sentence in return for his cooperation with Scottish prosecutors.

Talb, who has consistently refused to be interviewed by the defense, was thought extremely unlikely to attend as a witness and, as the Scottish court has no power of subpoena, there has been speculation for months as to why he would even contemplate attending. It is now clear that the prospect of a release date was the price for his cooperation, but it will no doubt be another issue raised prior to or during his testimony. Whether the case against the Libyans will stand up to scrutiny in court cannot be predicted, but clearly the events of the last few weeks have been the biggest setback to the Crown since the trial started on May 3.

Amid all of the publicity generated by the CIA cables about Giaka, the Crown has tried to reassure the families that all is not lost, that its case does not rely on the testimony of a single witness. For years they have been hinting at DNA, fingerprint and other hard evidence which we were told would be produced at the trial. With the Crown's case admittedly on their last evidentiary chapter, we are still waiting.

Dubious evidence and suspect witnesses

[What follows is taken from an item originally posted on this blog on this date in 2007:]

Was Libya framed for Lockerbie bombing?

http://archive.gulfnews.com/opinion/columns/region/10151176.html

09/04/2007 12:37 AM | By Linda S Heard Special to Gulf News

On December 21 1988, a Pan Am plane mysteriously exploded over Scotland causing the death of 270 people from 21 countries. The tragedy provoked global outrage. In 1991, two Libyans were charged with the bombing.

In the event, only Abdulbaset Ali Mohammad Al Megrahi, a Libyan agent, was pronounced guilty by a panel of three judges, who based their decision on largely circumstantial evidence. Al Megrahi and the Libyan government have protested their innocence all along.

Nevertheless, after suffering punitive UN sanctions which froze overseas Libyan bank accounts and prevented the import of spare parts needed for the country's oil industry, Tripoli reluctantly agreed to pay $2.7 billion to victims’ families ($10 million per family), on condition the pay-out would not be deemed as admission of guilt.

In February, 2004, the Libyan prime minister told the BBC that his country was innocent but was forced to pay-up as a "price for peace".

Al Megrahi is currently serving a life sentence but earlier this year the Scottish Criminal Cases Review Commission ruled there may have been a miscarriage of justice on the basis of lost or destroyed evidence.

Later this month, a Scottish appeals court is due to revisit the case and is expected to overturn Al Megrahi's conviction as unsafe.

The Libyan leader's son Saif Al Islam recently said he is confident Al Megrahi will soon be found innocent and will be allowed to return home.

On Sunday, an Observer expose written by Alex Duval Smith reported "a key piece of material evidence used by prosecutors to implicate Libya in the Lockerbie bombing has emerged as a probable fake" with allegations of "international political intrigue and shoddy investigative work" levelled at "the British government, the FBI and the Scottish police".

The Observer story maintains Ulrich Lumpert a Swiss engineer who was "a crucial witness" has now confessed that he lied about the origins of a timer switch.

Recently, Lumpert gave a sworn declaration to a Swiss court, which read "I stole a prototype MST-13 timing device" and "gave it without permission on June 22, 1989 to a person who was officially investigating the Lockerbie affair".

The owner of the company that manufactured the switch - forced into bankruptcy after being sued by Pan Am - says he told police early in the enquiry that the timer switch was not one his company had ever sold to Libya.

Moreover, he insists the timer switch shown to the court had been tampered with since he initially viewed it in Scotland, saying the pieces appeared to have been "carbonised" in the interim. He also says the court was so determined to prove Libya's guilt it brushed aside his evidence.

In 2005, a former Scottish police chief signed a statement alleging the CIA had planted fragments of a timer circuit board produced at trial, evidence supporting earlier claims by a former CIA agent to the effect his agency "wrote the script" to ensure Libya was incriminated.

There are also allegations that clothing allegedly purchased by the bomber in Malta before it was wrapped around the bomb, was intact when discovered but by the time it reached the court it was in shreds.

Life sentence

The shopkeeper who sold the item made a statement to the effect Al Megrahi had never been a customer. Instead, he identified an Egyptian-born Palestinian Mohammad Abu Talb - now serving a life sentence in Sweden for a synagogue bombing.

Professor Hans Koechler, appointed by the UN to be an observer at the trial, has termed its outcome "a spectacular miscarriage of justice". Koechler has repeatedly called for an independent enquiry, which, to date, the British government has refused to allow.

Oliver Miles, a former British ambassador to Libya, insists "no court is likely to get to the truth, now that various intelligence agencies have had the opportunity to corrupt the evidence".

Jim Swire, the father of one of the Lockerbie victims, said "Scottish justice obviously played a leading part in one of the most disgraceful miscarriages of justice in history."

Craig Murray, a former British ambassador, who was earlier second-in-command of Britain's Aviation and Maritime Department from 1989 to 1992, writes about a strange incident on his website.

Murray says a colleague told him "in a deeply worried way" about an intelligence report indicating Libya was not involved in the Pan Am bombing. When he asked to see it, his colleague said it was marked for named eyes only, which Murray describes as "extremely unusual". Earlier, a CIA report that had reached a similar conclusion had been conveniently buried.

If Al Megrahi walks, as is likely, Libya will be vindicated and would presumably be able to reclaim monies paid in compensation along with its reputation.

This would also be a highly embarrassing turn of events for Britain and the US not to mention their respective intelligence agencies, and would leave the question of who bombed Pan Am Flight 103 unanswered.

In a perfect world, Libya should also receive an apology from its accusers and should be allowed to sue for damages for all that it lost as a result of UN sanctions.

But in a world where political expediency often triumphs, the appeal has no foregone conclusion despite the exposure of dubious "evidence" and suspect "witnesses".

Linda S Heard is a specialist writer on Middle East affairs. She can be contacted at lheard@gulfnews.com.

No one in authority has had the guts to state the truth

[What follows is an article by John Pilger that appeared in the New Statesman on this date in 2009:]

The trial of Abdelbaset al-Megrahi was worse than a farce; we must recognise the disgrace.

The hysteria over the release of the so-called Lockerbie bomber reveals much about the political and media class on both sides of the Atlantic, especially Britain. From Gordon Brown's "repulsion" to Barack Obama's "outrage", the theatre of lies and hypocrisy is dutifully attended by those who call themselves journalists. "But what if Megrahi lives longer than three months?" whined a BBC reporter to the Scottish First Minister, Alex Salmond. "What will you say to your constituents, then?"

Horror of horrors that a dying man should live longer than prescribed before he "pays" for his "heinous crime": the description of the Scottish justice minister, Kenny MacAskill, whose "compassion" allowed Abdelbaset Ali Mohmed al-Megrahi to go home to Libya to "face justice from a higher power". Amen.

The American satirist Larry David once addressed a voluble crony as "a babbling brook of bullshit". Such eloquence summarises the circus of Megrahi's release.

No one in authority has had the guts to state the truth about the bombing of Pan Am Flight 103 above the Scottish village of Lockerbie on 21 December 1988, in which 270 people were killed. The governments in England and Scotland in effect blackmailed Megrahi into dropping his appeal as a condition of his immediate release. Of course there were oil and arms deals under way with Libya; but had Megrahi proceeded with his appeal, some 600 pages of new and deliberately suppressed evidence would have set the seal on his innocence and given us more than a glimpse of how and why he was stitched up for the benefit of "strategic interests".

“The endgame came down to damage limitation," said the former CIA officer Robert Baer, who took part in the original investigation, "because the evidence amassed by [Megrahi's] appeal is explosive and extremely damning to the system of justice." New witnesses would show that it was impossible for Megrahi to have bought clothes that were found in the wreckage of the Pan Am aircraft - he was convicted on the word of a Maltese shopowner who claimed to have sold him the clothes, then gave a false description of him in 19 separate statements and even failed to recognise him in the courtroom.

The new evidence would have shown that a fragment of a circuit board and bomb timer, "discovered" in the Scottish countryside and said to have been in Megrahi's suitcase, was probably a plant. A forensic scientist found no trace of an explosion on it. The new evidence would demonstrate the impossibility of the bomb beginning its journey in Malta before it was "transferred" through two airports undetected to Flight 103.

A "key secret witness" at the original trial, who claimed to have seen Megrahi and his co-accused, al-Alim Khalifa Fahimah (who was acquitted), loading the bomb on to the plane at Frankfurt, was bribed by the US authorities holding him as a "protected witness". The defence exposed him as a CIA informer who stood to collect, on the Libyans' conviction, up to $4m as a reward.

Megrahi was convicted by three Scottish judges sitting in a courtroom in "neutral" Holland. There was no jury. One of the few reporters to sit through the long and often farcical proceedings was the late Paul Foot, whose landmark  investigation in Private Eye exposed it as a cacophony of blunders, deceptions and lies: a whitewash. The Scottish judges, while admitting a "mass of conflicting evidence" and rejecting the fantasies of the CIA informer, found Megrahi guilty on hearsay and unproven circumstance. Their 90-page "opinion", wrote Foot, "is a remarkable document that claims an honoured place in the history of British miscarriages of justice". (...)

Perversely, when Saddam Hussein invaded Kuwait in 1991, Bush needed Iran's support as he built a "coalition" to expel his wayward client from an American oil colony. The only country that defied Bush and backed Iraq was Libya. "Like lazy and overfed fish," wrote Foot, "the British media jumped to the bait. In almost unanimous chorus, they engaged in furious vilification and open warmongering against Libya." The framing of Libya for the Lockerbie crime was inevitable. Since then, a US defence intelligence agency report, obtained under Freedom of Information, has confirmed these truths and identified the likely bomber; it was to be the centrepiece of Megrahi's defence.

In 2007, the Scottish Criminal Cases Review Commission referred Megrahi's case for appeal. "The commission is of the view," said its chairman, Graham Forbes, "based upon our lengthy investigations, the new evidence we have found and other evidence which was not before the trial court, that the applicant may have suffered a miscarriage of justice."

The words "miscarriage of justice" are entirely missing from the current furore, with Kenny MacAskill reassuring the baying mob that the scapegoat will soon face justice from that "higher power". What a disgrace.

"No convincing objective evidence" Libya responsible

[I am grateful to a reader of this blog for drawing my attention to an item headed Bravo Blair! published on 31 August in Peter Hitchens’s Blog on the Mail Online website. It reads in part:]

Bravo Anthony Blair. Yes, I’ll repeat that : Bravo Blair! In all fairness, I have to give the ghastly creature the credit for trying to stop David Cameron’s overthrown of Colonel Gaddafi, which has led directly to the great migration disaster and to other horrors yet unknown. I see from The Times this morning that various blowhard Tory MPs want to condemn and investigate Mr Blair for this action. On the contrary, we should all wish that he had succeeded.

This emerges in extracts from Anthony Seldon’s new book about David Cameron (...)

[T]he key extract (it’s mostly told in the present tense, like a historian discussing the distant past on the TV or the radio) is:

‘Tony Blair telephones Number 10 to say he’s been contacted by a key individual close to Gaddafi, and that the Libyan leader wants to cut a deal with the British. Blair is a respected voice in the building and his suggestion is examined seriously. ‘

But Mr Cameron decided that on this occasion his political hero and example, referred to by George Osborne as ‘the Master’ is not to be heeded:

‘Cameron had been repulsed by Blair’s decision to rehabilitate Gaddafi, and as opposition leader had argued strongly in 2009 against the Scottish government’s return of the Lockerbie bomber Abdelbaset al-Megrahi to Libya on the grounds of illness.

‘Policewoman Yvonne Fletcher was killed by a Libyan outside their embassy in London in 1984, when Cameron was still at Eton. Four years later came the Lockerbie bombing of Pan Am Flight 103 killing 270 people. When the bomb was proven to be planted by a Libyan, Cameron became still more angry.

‘Gordon Brown claimed the Scottish government took the decision on al-Megrahi. Cameron did not believe him, and once inside Number 10, ordered a review into the episode. It concluded that the previous government ‘did all it could to facilitate’ the release of al-Megrahi’.

Cameron decides not to follow up Blair’s approach regarding a deal with Gaddafi: he wants to avoid doing anything which might be seen to give the Libyan leader succour. Richards’ complaints do not let up: he feels Cameron and the NSC are interfering with the military operation even down to the most tactical level.’ (...)

Readers of this blog [RB: and of my blog] will know that I do not believe that Libya was responsible for the Lockerbie outrage. There is no convincing objective evidence that this was so,   

Whereas it was (rather more convincingly) believed by intelligence experts at the time of the atrocity that the crime originated in Syria as part of an Iranian-inspired revenge (as the Ayatollahs saw it) for the shooting down of a civilian Iranair Airbus by the American missile cruiser USS Vincennes (an incident with startling parallels to the equally unintentional and equally horrible shooting down by Russian-backed rebels of a Malaysian airliner).  

The blaming of Libya for Lockerbie was a consequence of the first Gulf War, in which Syria was (comically as it now seems ) viewed as an ally by the ‘West’.

Later, in this strange game of ‘good guy ‘and ‘bad guy’ in the Middle East, Libya’s supposed abandonment in December 2003 of (probably non-existent) weapons of mass destruction was cited by American neo-conservatives as a success for their Iraq policy. Gaddafi had also condemned the September 11 atrocity, and suppressed Saudi-type Islamism at home.  After this,  Gaddafi also made his peace with the EU, accepting a huge payment for halting migration across the Mediterranean. In the light of this fact it’s amazing that Britain and (more especially) France were so keen to overthrow him a  few years later. Did it not even occur to them that the current crisis might follow?

Mr Blair went twice (once in 2003 and once in 2007) to meet the Colonel in the Libyan desert. In May 2007 he declared:’The relationship between Britain and Libya has been completely transformed in these last few years. We now have very strong cooperation on counter terrorism and defence.’

To this day I’m still not sure how we moved in months from this position of cynical but self-interested collaboration with an unpleasant but co-operative and stable regime,  into support for rebels we barely knew, who were then unable to control this crucial country.

However strong Mr Cameron’s Famous Five type enthusiasm for doing good, his government continued the Blair policy when it came to office. As I wrote on September 10th 2011, almost exactly four years ago:

‘Somehow we’re being sold the idea that the Blair-Brown regime sucked up to Colonel Gaddafi, but our current Government kept their distance.

‘This is false. Archives reveal that the  ‘Minister for Africa’, Henry Bellingham slurped up to the Colonel (referring to him as ‘Brother Leader’) at an EU-Africa Summit in Tripoli on November 30, 2010. A few weeks before, another Minister, Alastair Burt, told the Libyan British Business Council that Libya had ‘turned a corner’ which ‘has paved the way for us to begin working together again’.

Maybe Mr Cameron didn’t know or understand what his own appointed ministers were doing, almost exactly six months before we overthrew Gaddafi.  In which case, he should have checked. The Seldon book suggests that Mr Cameron fell victim to what was  little more than an emotional spasm, not the sort of thing we expect Prime Ministers to suffer from.

It was the single gravest mistake of his time in office and will haunt Europe for decades to come. I sometimes wonder how profound the effect of all this mass migration is going to be on those parts of this country which have, hitherto, remained more or less undisturbed by the vast changes which are overtaking Europe. On this occasion, we would all be much better off if they had listened to Mr Blair. I did not think I would ever find myself saying that.

Inherent implausibility of official Lockerbie scenario

[The Lockerbie trial at Camp Zeist was covered for Maltese news media by journalist Joe Mifsud. What follows is an article that he wrote in September 2000 for The Lockerbie Trial website:]

A terrorist, like any other criminal, will do what he can to cover his tracks.  The Maltese origin of clothing in the bomb suitcase does not establish that either the suitcase or the bomb was once in Malta.

The clothing in the bomb suitcase, which was identifiable as having been manufactured in Malta, bore labels to this effect, enabled Royal Armament Research and Development (RARDE) to determine the country of origin as Malta.  So these labels had not been removed by the terrorists.

The Lockerbie investigators established that six items of the clothing and an umbrella, which originated in Malta were new and had been purchased new from the same shop in Malta on the same occasion.

These items of clothing had been purchased from Mary’s House in Sliema, weeks not days before 21 December 1988.  The prosecution is claiming that the clothes were bought on 7 December, while the defense is suggesting 23 November 1988 as the date.

In my opinion the facts and matters set out above are consistent with an attempt by the terrorists to distract the attention of the investigating authorities away from Frankfurt or Heathrow to Malta in the event of the bomb being detected or as in fact happened of the bomb exploding above land and debris from the bomb and the bomb suitcase being recovered.

It is inherently unlikely that terrorists would have tried to place the bomb suitcase on board Air Malta KM 180 on 21 December 1988 for the following four reasons.

1.  Terrorists do not expose themselves and their plans to any unnecessary risk of detention or of error;

2.  Accordingly the terrorists responsible for the bombing of Pan Am 103 would not have routed the bomb suitcase through Frankfurt and chosen to run the risk of it passing undetected through the security systems of three different airports on two different airlines when Air Malta during that period flew only three flights each week to Frankfurt but ten flights each week to Heathrow.

3.  Further if the bomb consisted of a timer device, terrorists would not have run the unpredictable risk of the passage of the bomb suitcase being delayed in one or more of the following ways:

a)  on the ground at Luqa as a result of mechanical failure, poor weather, security alert, air traffic control or any other reason;

b)  by being diverted away from Frankfurt for any of the reasons at above;

c)  above Frankfurt as a result of air traffic control delays for incoming flights (as in fact happened);

d)  by missing the interline connection at Frankfurt as a result of the bomb suitcase being lost, mishandled or detected in the course of x-ray or baggage reconciliation procedures;

e)  on the ground at Frankfurt for any of the reasons at (a) above;

f)  by being diverted away from Heathrow for any of the reasons at (a) above;

g)  above Heathrow as a result of air traffic control delays for incoming flights;

h)  by missing the interline connection at Heathrow for any of the reasons at (d) above;

i)   on the ground at Heathrow as a result of the connecting transatlantic aircraft being delayed, mechanical failure, poor weather, security alert or any other reason.

4.  Further if the bomb consisted of a barometric pressure device triggered by altitude which itself triggered a timer, terrorists could not have avoided (alternatively would not have risked) the bomb being prematurely triggered on board KM 180 or on board PA 103A from Frankfurt to Heathrow, and then detonating on board either of these flights or on the ground at Frankfurt or at Heathrow.

No terrorist could have predicted in advance the exact altitude at which either flight would have flown or, if such a prediction had been made, no terrorist could have guaranteed that the aircraft would have remained at that altitude and would not have been ordered away from it by air traffic control.  The bomb on board Pan Am 103 exploded approximately 35 minutes after take-off from Heathrow.

It is not clear for me why the Lockerbie investigators choose to blame Malta and Air Malta in this case, when it is so clear that we are the scapegoats for others that lacked security at their airports.

[After a distinguished career at the Maltese Bar, Dr Mifsud was earlier this year appointed as a magistrate (a full-time judicial appointment roughly equivalent to a judge of the Outer House of the Court of Session in Scotland or a puisne judge of the High Court in England).]

Lockerbie investigators interview Tony Gauci in Malta

It was on this date in 1989 that Maltese shopkeeper Tony Gauci was first interviewed in connection with the Lockerbie investigation. His witness statement, taken by Detective Chief Inspector Harry Bell, can be read here. An item on this blog contributed by Dr Kevin Bannon entitled Tony Gauci’s Lockerbie testimony can be read here. The comments that follow the item are also very valuable.

CIA memos reveal doubts over 'key' Lockerbie witness

[This is the headline over a report published in The Independent on this date in 2008. It reads as follows:]

A Libyan "double agent" who was central to the CIA's investigation into the Lockerbie bombing exaggerated his importance in Tripoli's intelligence apparatus and gave little information of value, yet is still living at the US taxpayers' expense in a witness protection programme, according to previously unseen CIA cables.

Five months before the destruction of Pan Am flight 103 in December 1988, 27-year-old Majid Giaka turned up at the US embassy in Malta and "expressed a desire to relocate ... in return for sensitive information on Libya", in the words of a cable sent by a CIA case officer to his headquarters in Langley, Virginia, the same day. Mr Giaka claimed he was an agent of Libya's feared Jamahiriya security organisation, but it later turned out that he worked in the agency's garage.

More than 60 cables, uncovered in a BBC investigation, detail the relations between the Americans and a man later described in court as a real-life Walter Mitty. Mr Giaka, who said that he worked for Libyan Arab Airlines at Malta's Luqa airport as a cover, told the CIA that he wanted to remain in Malta. He promised he would co-operate fully with the CIA – in return for money.

At the time Libya was public enemy number one. But the CIA had few sources of information on the country, and Mr Giaka was put on the payroll. In return for information about Libyan officials coming and going from Malta, he received $1,000 a month and gifts. His handlers even agreed to fund $6,000 of fake surgery on his arm, so that he could avoid military service back home.

In the summer of 1989, the Lockerbie investigation was uncovering evidence which pointed to a Libyan connection, and the FBI believed the suitcase which blew up Pan Am flight 103 had started its journey from Luqa airport. The CIA hoped its Libyan agent would have inside knowledge, but the case officers reported back: "Giaka does not believe explosives hidden in an unaccompanied suitcase could be inserted into the handling process at Luqa International Airport."

The Libyan mole acknowledged that it could have been theoretically possible for officials in Tripoli to bring explosives on to the island via the diplomatic pouch, but "because Giaka believes he had the best contacts of LIA [Luqa International Airport], he does not think this type of operation could have been slipped by him".

The case officers cabled: "It is clear that Giaka will never be the penetration of the ESO [Libyan External Security Organisation] that we had anticipated ... unfortunately, it appears that our assisting him in scam surgery on his arm to avoid military service has had the reverse result that we had intended – it has also allowed him to avoid further service with the ESO, Giaka's true intention from the beginning".

But even after it turned out that he had only worked in the ESO garage, he was the only Libyan agent the CIA had in Malta, so it kept him on. By the autumn of 1989, a former Libyan Arab Airlines security official, Abdelbaset Al-Megrahi, was chief suspect for having planted the bomb on an Air Malta flight to Frankfurt (where it was transferred on to a Pan Am flight via London). But Mr Giaka "had no further information" on his one-time colleague.

Mr Giaka eventually returned to Tripoli in 1990 after the CIA money dried up. But the agency kept in touch with him and finally persuaded him in 1991 to come to America. Nine years later, Majid Giaka arrived at the Lockerbie bombing trial in the Netherlands. He described how he had seen Megrahi and his co-accused, Khalifa Fhimah, at Luqa airport before the bombing with a large brown suitcase. But the CIA cables confirm that nearly two years before, Mr Giaka didn't remember anything.

At the Lockerbie trial, the four judges described some of his evidence as "at best grossly exaggerated and at worst simply untrue" and concluded he was "largely motivated by financial considerations".

Megrahi to Senussi "I am an innocent man"

[What follows is excerpted from an article published in The Wall Street Journal on this date in 2011:]

Convicted Lockerbie bomber Abdel Baset al-Megrahi maintained his innocence in the 1988 bombing of Pan Am Flight 103 throughout his trial and appeals—and did so in a private letter to Libya's intelligence chief, discovered on Monday in intelligence headquarters in Tripoli.

"I am an innocent man," Mr Megrahi wrote to Abdullah al-Senussi, a powerful official who was regarded as one of Col Moammar Gadhafi's closest aides, in a letter found by The Wall Street Journal. The letter, in blue ink on a piece of ordinary binder paper, was apparently written while Mr Megrahi was serving a life sentence in the UK.

In August 2009, after serving 8½ years, Mr Megrahi was released to Libya on compassionate grounds on the basis that he had terminal prostate cancer and only a few months to live. (...)

The letter to Mr Senussi was found in a steel, four-drawer filing cabinet in the intelligence chief's office in Tripoli. The cabinet had been forced open, apparently by rebels who shot holes in the lock. The office lay in shambles, but many of Mr Senussi's personal papers appeared untouched. There was no way to immediately confirm the authenticity of the letter. (...)

Mr Megrahi was sentenced by a Scottish court to life imprisonment in 2001. In the letter to Mr Senussi, Mr Megrahi mentions that he had been jailed for seven years, suggesting it was written sometime in early 2008 or late 2007, in the run up to the second appeal of his conviction.

It is unclear why he would have had reason to profess his innocence to Mr Senussi, who was in a position to already know details about the bombing. (...)

Mr Megrahi insisted he was innocent throughout his original trial and subsequent appeals. Even after his conviction, mystery and unanswered questions about who else may have been involved have surrounded the case.

In the letter, addressed to "My dear brother Abdullah," Mr Megrahi blamed his conviction on "fraudulent information that was relayed to investigators by Libyan collaborators."

He blamed "the immoral British and American investigators" who he writes "knew there was foul play and irregularities in the investigation of the 1980s."

He described in detail his latest legal maneuvering, focusing on the testimony by a Maltese clothes merchant that was critical to his conviction. The Maltese clothes merchant in question testified that Mr Megrahi had purchased clothes from him that were later found in the suitcase that contained the bomb that brought down Flight 103.

"You my brother know very well that they were making false claims against me and that I didn't buy any clothes at all from any store owner in Malta," Mr Megrahi wrote to Mr Senussi.

Mr Megrahi also had a message for "our big brother," a likely reference to Col Gadhafi, "that our legal affairs are excellent and we now stand on very solid ground."

"Send my regards to our big brother and his family and by the will of God we will meet soon and we will be victorious," he wrote. "I only hope that the financial support will continue in the coming period," he added.

Mr Megrahi eventually dropped his appeal as a condition of his application for extradition to Libya.