$2.7 billion Lockerbie settlement reached

[This is the headline over a report published on Aljazeera’s English language website on this date in 2003. It reads as follows:]

Libya has signed a deal with the families of victims of the 1988 Lockerbie bombing in which Tripoli will shell out $2.7 billion in compensation.

Under the accord, Tripoli will pay each of the families $10 million in instalments, based on the lifting of United Nations and United States sanctions, said lawyers on Thursday.

Libya will also be removed from Washington’s list of nations which allegedly support “terrorism”.

Representatives of British families whose relatives were killed in the Pan Am flight 103 disaster over the Scottish town of Lockerbie that left 270 people dead, said the deal was “purely financial” and doubted the money would be paid.

“This is a financial deal for Libya. This is all Libya cares about, to extricate itself from the sanctions and re-enter the international, in particular US, market,” claimed Mark Zaid, a US lawyer for 50 of the families.

In 2001, Scottish court Camp Zeist, set up in the Netherlands, convicted Abd al-Basset Ali al-Megrahi, one of two Libyan agents charged with the bombing, and sentenced him to life in prison.

After signing the accord on Wednesday, family lawyers said they expected the compensation to be deposited with the Bank of International Settlements (BIS) soon, and that Libya would be sending its letter accepting responsibility to the UN Security Council.

Diplomatic sources said on Tuesday that Libya had agreed to send a letter to the Security Council, either by Thursday or Friday, admitting it was behind the attack. [RB: Libya, of course, never did admit it was behind the attack: it accepted "responsibility for the acts of its citizens".]

The first $4 millions are expected to be paid to the victims’ families when world body sanctions against Tripoli are lifted, following its acceptance of responsibility.

The embargo was suspended but not llifted after Libya handed over the two former Libyan intelligence agents in the case.

Lifting UN sanctions will pave the way for talks between Washington and Tripoli about the lifting of separate US sanctions.

A further $4 million would be delivered to each family once US sanctions are lifted and the final $2 million would be handed over if Libya is removed from the US list of states allegedly supporting “terrorism”.

UK and US Lockerbie relatives’ views diverge on Megrahi release

[What follows is the text of a report published in The Guardian on this date in 2009:]

Preparations are under way to free the Libyan man convicted of the Lockerbie bombing from prison next week, after doctors said his terminal prostate cancer was in its final stages.

Abdel Baset al-Megrahi, sentenced to a minimum life term of 25 years in 2001 for killing 270 people in the bombing, is expected to be released on compassionate grounds in time to return home for the start of the festival of Ramadan next week.

It was reported last night that the Scottish justice secretary, Kenny MacAskill, told the Libyan government to make preparations for Megrahi's imminent release and arrange his flight home.

MacAskill, who has the final say over whether Megrahi should be transferred or released, visited the Libyan last week in Greenock prison, near Glasgow.

The Scottish parole board has also been asked for its views on granting compassionate early release to the former Libyan agent.

Scottish government officials insisted last night that no decision had been made to release Megrahi, either to send him home on compassionate grounds or to grant a separate Libyan request for him to continue his sentence in Libya.

A Scottish government spokesman said: "We can confirm that no decision has been made on applications under the prisoner transfer agreement or compassionate early release by Mr Al Megrahi.

"Justice secretary Kenny MacAskill is still considering all the representations in both cases and hopes to make a decision this month."

Megrahi's release is being resisted by US relatives of some of the 270 people killed in the bombing of Pan Am flight 103 on 21 December 1988.

American Susan Cohen, whose only child, 20-year-old Theodora, was one of 35 students from Syracuse University in New York on the flight, said any suggestion that Megrahi should be freed on compassionate grounds was "vile".

Speaking from her home in New Jersey, she said: "Any letting out of Megrahi would be a disgrace. It makes me sick, and if there is a compassionate release then I think that is vile.

"It just shows that the power of oil money counts for more than justice. There have been so many attempts to let him off. It has to do with money and power and giving [Libyan ruler Colonel Muammar] Gaddafi what he wants. My feelings, as a victim, apparently count for nothing."

She added: "This is just horrible. Compassion for him? How about compassion for my beautiful daughter? She deserves compassion not a mass murderer."

However, many British families believe Megrahi is innocent. The Libyan is part-way through an appeal against his 2001 conviction, at a trial held in the Netherlands heard under Scottish law. MacAskill cannot grant him a transfer while his appeal against his conviction goes through the courts. However if Megrahi were granted release on compassionate grounds he would not have to drop his appeal for this to be granted.

Pamela Dix, from UK Families Flight 103, said there had been a "lack of justice" for those killed in the tragedy.

Ms Dix, whose brother Peter was killed in the atrocity, told BBC2's Newsnight she was "baffled" by much of the evidence in the trial that led to Megrahi's conviction.

Asked whether his release would be a coup for Gaddafi on the 40th anniversary of his rise to power, she said: "That may well be the case. I'm not really in a position to judge the political situation in Libya."

Dix, said last night it was still far from clear whether Megrahi was innocent or guilty since the trial had left so many unanswered questions.

"Almost 21 years after the Lockerbie bombing, I would expect to know who did it, why they did it and how they did it. Instead, we're left in situation of really knowing very little about what happened."

Dr Jim Swire, who lost his 23-year-old daughter Flora, said it would be to Scotland's credit if the Libyan was released. "I am someone who does not believe he is guilty," he said. "The sooner he is back with his family the better.

"On reasonable human grounds it is the right thing to do and if it's true that he is to be returned on compassionate grounds then that would be more to Scotland's credit than returning him under the prisoner transfer agreement.

"It would mean that he can go to his family who he adores and live the last of his days on this planet with them."

Martin Cadman, who lost his son Bill, aged 32, in the disaster, concurred.

"I hope it is true as it's something we've been wanting for a long time," he said.

"I think he is innocent and even if he were not innocent I still think it's certainly the right thing to do on compassionate grounds."

Media urged to back fresh Lockerbie inquiry

[This is the headline over an article published in The Drum on this date in 2010. It reads in part:]

Justice for Megrahi, a campaign group ... is now spearheading an international coalition inviting the press to back a petition calling for an inquiry into the Lockerbie bombing.

... the statement was distributed directly to the editors in chief of the Financial Times, the Herald, Guardian, Observer, The Times, Telegraph, Independent, Irish Times and The Scotsman and their respective Sunday sister titles, in addition to the Times of Malta. [RB: The full text of JfM’s letter to the various editors can be read here.]

Timed to coincide with renewed interest in the case both at home and abroad following Al-Megrahi’s compassionate release, which has seen the terminal cancer sufferer outlive his projected life expectancy by a considerable margin, the group hopes to up the political heat on governments either side of the Atlantic.

Signatories, who thus far include Archbishop Desmond Tutu, Dr Jim Swire and Tam Dalyell, are calling for the “travesty of justice” which led to Al Megrahi’s conviction for planting an improvised explosive device within Pan Am 103 to be looked at anew.

This, campaigners hope, will redeem the image of the Scottish justice system which they say is “regarded internationally as an embarrassment… demonstrably malleable by political hands.”

It is hoped that consensual outrage in the press will be sufficient to tip First Minister Alex Salmond into setting up such an inquiry in Scotland after having already endorsed the idea in principle.

The unfinished business of the Lockerbie bombing

This is the headline over a video that was posted on this date in 2010 on the website of The Guardian. In it actor and playwright David Benson describes how he was inspired by Dr Jim Swire, whose daughter was killed in the Lockerbie plane bombing, to create a play about the attack.

The video can be viewed here. A further article about the play and its genesis can be read here.

[RB: David Benson is again performing at the Edinburgh Fringe Festival this year but in a very different play, Dad’s Army Radio Hour.]

Easier to grant compassionate release if appeal dropped

[What follows is taken from an account written by Abdelbaset Megrahi which is to be found on page 354 of John Ashton’s Megrahi: You are my Jury:]

On 10 August [2009], [Cabinet Secretary for Justice Kenny] MacAskill and his senior civil servants met a delegation of Libyan officials, including Minister [Abdel Ati] al-Obeidi, the Libyan Supreme Court Judge Azzam Eddeeb, and the London Chargé d’Affaires Omar Jelban. By this time I was desperate. The 90-day limit for considering the prisoner transfer application had passed and, although I had some vocal public supporters, MacAskill was coming under considerable pressure to reject both applications. After the meeting the Libyan delegation came to the prison to visit me. Obeidi said that, towards the end of the meeting, MacAskill had asked to speak to him in private. Once the others had withdrawn, he stated that MacAskill gave him to understand that it would be easier to grant compassionate release if I dropped my appeal. He [MacAskill] said he was not demanding that I do so, but the message seemed to me to be clear. I was legally entitled to continue the appeal, but I could not risk doing so. It meant abandoning my quest for justice.

Next day, with huge reluctance and sadness, I broke the news to [solicitor] Tony Kelly that I was dropping the appeal

Salmond’s reaction to deal in the desert changed Scots politics irrevocably

[What follows is excerpted from an article by Scott Macnab headlined Is Alex Salmond now forever on the fringe? published in The Scotsman today:]

Barely a month after Alex Salmond had taken office as First Minister following the SNP’s historic election victory in May 2007, it became clear that Scottish politics had changed irrevocably. An emergency statement was called at Holyrood one Thursday afternoon on UK relations with Libya – and Holyrood went into meltdown. The newly rebranded Scottish Government (it had been the Executive before Salmond immediately ordered this changed) simply didn’t do this kind of thing.

The significance of the event hit home as I was filing speculative copy about the looming statement in my then office with a national news agency, when a senior Scotland Office figure called. “Do you know what he [Salmond] is doing?” he asked.

As it happened, he was about to lift the lid on the so-called “Deal in the Desert” which could have allowed the Lockerbie bomber Abdelbaset Ali Mohmed Al Megrahi to be transferred to prison in Libya, in exchange for UK firms securing lucrative oil rights. The new Nationalist administration at Holyrood was laying down a marker that things were going to be different. Any quaint notions of cap-doffing to the UK government before going public with such incendiary statements were history.

A decade on, Salmond is preparing to kick off an Edinburgh festival run this weekend following his ignominious election defeat in June, which saw him turfed out of elected office for the first time in 30 years. And while enemies have enjoyed branding him little more than a glorified “cabaret act” these days, it’s worth reflecting on the impact Salmond has had on Scottish life over the past decade. (...)

Salmond’s seven years in office certainly saw Holyrood become the centre of political debate in Scotland. Even Labour acknowledged this as it brought about more autonomy from London to reflect this. More powers continued to be 
devolved through the Calman Commission then the Smith Commission. It meant the prospect of Holyrood replacing Westminster as Scotland’s Parliament seemed entirely plausible, as the independence debate raged. (...)

It remains to be seen if Salmond’s time as a festival turn indicates his political career is over or merely interrupted. But his influence on Scottish politics is hard to overstate. He transformed the prospect of independence from a nebulous idea on the fringes to a dynamic force at the heart of Scottish politics.

Scots complicit in Lockerbie lie

[This is the headline over a hard-hitting article by Professor Hans Köchler that appeared in the Sunday Express on this date in 2009. The last three paragraphs read as follows:]

If Scotland prides itself in its unique judicial system, then the authorities should exercise all efforts to repair the damage that has been done to the country’s reputation by the flawed judicial proceedings in the case of Mr Megrahi.

If Mr MacAskill is indeed serious about dealing with the matter [repatriation of Megrahi] strictly within legal parameters, as he repeatedly said, the competent Scottish authorities should finally make those steps that are necessary to identify the actual Lockerbie bombers (plural) wherever they may be.

They have succeeded for too long in using the Scottish judicial system to make Mr Megrahi a scapegoat in the strange and ugly world of international power politics.

Libya hints at Lockerbie pay-out

[This is the headline over a report that appeared on the BBC News website on this date in 2002. It reads in part:]

Libya has said it is willing in principle to pay compensation for the Lockerbie bombing, which killed 270 people in 1988.

Speaking after talks between Libyan President Muammar Gaddafi and UK Foreign Office Minister Mike O'Brien, Libya's foreign minister said the government also wanted to formalise relations with the United States.

Libyan Abdelbaset al-Megrahi is serving life in a Scottish prison after being convicted in 2001 of the bombing of Pan Am Flight 103.

Mr O'Brien said Mr Gaddafi had also "said the right things" on a range of issues, including the fight against terrorism and weapons of mass destruction.

Libya has never admitted responsibility for the Lockerbie bombing.

In June, Colonel Gaddafi's son, Seif al-Islam Gaddafi, said he believed the Libyan Government would pay compensation, but not say it was responsible for the bombing.

On Wednesday, Foreign Minister Mohammed Abderrahmane Chalgam said that Libya was discussing the issue of responsibility, and was "ready to get rid of this obstacle".

Mr Chalgam spoke of Libya's desire to improve relations not only with Britain but with the US.

"We have to extend and expand our bilateral relations with Britain and also we are completely keen to arrive at reconciliation and normalisation with the US," he said.

The meeting between Colonel Gaddafi and Mr O'Brien was the first time since 1983 that a UK minister had met the Libyan leader.

After three hour of talks at Sirte, a coastal town about 320km (200 miles) east of Tripoli, Mr O'Brien was cautiously optimistic. (...)

Libyan Foreign Minister Mohammed Abderrahmane Chalgam, for his part, stressed his government's willingness to cooperate in the fight against al-Qaeda.

"The fundamentalists are against our project," he said. "They are against the freedom of women, they are against technology."

Libya had shown its desire to move from "pariah" to a state complying with international law by handing over the Lockerbie bomb suspects, said Mr O'Brien.

The UK was keen to boost ties that have been cautiously improving since diplomatic relations were restored three years ago.

Libya is keen to re-enter the world economy and the UK does not want to lose out to other European nations already jostling for advantage when it comes to potentially lucrative oil contracts.

Lockerbie detectives oppose release of Megrahi

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

Do not set 'guilty' Lockerbie bomber free, detectives plead

[This is the headline over an article in today's edition of The Times. It reads in part:]

The investigating officers who led the original inquiry into the Lockerbie bombing have made an unprecedented intervention in the case to argue against the release of the Libyan convicted of the attack.

In a letter to the Justice Secretary, Kenny MacAskill, the Scottish police chief and the FBI boss who led the international investigation 20 years ago launch a powerfully worded plea against the release of Abdul Baset Ali al-Megrahi, who is serving a minimum sentence of 25 years for his part in the bombing.

In the letter obtained by The Times, Stuart Henderson, the retired senior investigating officer at the Lockerbie Incident Control Centre, and Richard Marquise, the FBI special agent in charge of the US taskforce, whose detective work helped to convict Abdul Baset Ali al-Megrahi, insist that he is guilty. They also argue that his release would “nullify the dedicated work of dozens of law enforcement and intelligence officials around the world”. (...)

In the letter sent to Kenny MacAskill last month, Mr Henderson and Mr Marquise claim the evidence they gathered added to a “strong circumstantial case” against al-Megrahi, and point out that Libya has admitted culpability for the bombing of Pan Am Flight 103 on a number of occasions since.

They say that releasing him would make a mockery of the work undertaken during the Lockerbie investigation, the biggest murder inquiry in British history, involving Scottish police, Scotland Yard, the FBI and other agencies from around the world.

The pair write: “To release Mr Megrahi to a regime which has admitted culpability for killing 270 citizens of the world would be a mistake. It would nullify the dedicated work of dozens of law enforcement and intelligence officials around the world who only wanted to find the truth.”

The detectives acknowledge al-Megrahi's poor health but contend it should not be a reason to release him.

“The eight judges who have already heard the evidence including three who were able to observe each witness under direct and cross-examination came to the same conclusion the rest of us did - Mr Megrahi was guilty of murder. His current health situation does not change that.”

Mr MacAskill, who is awaiting independent medical reports assessing al-Megrahi's condition, is expected to make a decision on his future by the end of this month. On Wednesday, the minister took the unprecedented step of visiting the Libyan in jail, prompting accusations that he was undermining the legal process. Al-Megrahi's second appeal is currently under way, although he will be forced to abandon his attempt to clear his name if he wishes to pursue a prisoner transfer. Release on compassionate grounds would allow him to continue with the appeal after being freed.

[Note by RB: Mr Henderson and Mr Marquise are gravely in error when they say that "The eight judges who have already heard the evidence ... came to the same conclusion as the rest of us did - Mr Megrahi was guilty of murder." Only the three judges at the Zeist trial heard the evidence and reached that conclusion. The five judges at the 2002 appeal made it clear that they had not considered the sufficiency of the evidence against Megrahi nor whether any reasonable tribunal could have convicted on that evidence. In paragraph 369 of their Opinion they said:

“When opening the case for the appellant before this court Mr Taylor [senior counsel for Megrahi] stated that the appeal was not about sufficiency of evidence: he accepted that there was a sufficiency of evidence. He also stated that he was not seeking to found on section 106(3)(b) of the 1995 Act [verdict unreasonable on the evidence]. His position was that the trial court had misdirected itself in various respects. Accordingly in this appeal we have not required to consider whether the evidence before the trial court, apart from the evidence which it rejected, was sufficient as a matter of law to entitle it to convict the appellant on the basis set out in its judgment. We have not had to consider whether the verdict of guilty was one which no reasonable trial court, properly directing itself, could have returned in the light of that evidence.”

The true position, as I have written elsewhere, is this:

"As far as the outcome of the appeal is concerned, some commentators have confidently opined that, in dismissing Megrahi’s appeal, the Appeal Court endorsed the findings of the trial court. This is not so. The Appeal Court repeatedly stresses that it is not its function to approve or disapprove of the trial court’s findings-in-fact, given that it was not contended on behalf of the appellant that there was insufficient evidence to warrant them or that no reasonable court could have made them. These findings-in-fact accordingly continue, as before the appeal, to have the authority only of the court which, and the three judges who, made them."

In June 2007, after a three-year investigation, the Scottish Criminal Cases Review Commission came to the conclusion that Megrahi's conviction may have constituted a miscarriage of justice. One of its six reasons for so finding was that in respect of absolutely crucial findings in fact by the trial court (the date of purchase of the clothing that surrounded the bomb and, hence, the identity of the purchaser) no reasonable tribunal could have reached the conclusion that the evidence established that it was Megrahi.

And whether Libya has admitted culpability for the Lockerbie tragedy has no bearing on whether a particular Libyan citizen was properly convicted or should now be released on compassionate grounds. But, of course, Libya has not admitted culpability. Here is a link to the official Libyan position which is that "Libya accepts responsibility for the actions of its officials". If, as a result of the present appeal, Megrahi's conviction is quashed there is no Libyan government admission of responsibility or culpability.]

AAIB and Lockerbie

On this date in 1990, the Air Accidents Investigation Branch (AAIB) submitted its report on the destruction of Pan Am 103 over Lockerbie to the Secretary of State for Transport, Cecil Parkinson. The 58-page report was prepared by a team headed by M M Charles and can be read here. Also worth reading is a detailed article by K P R Smart, AAIB Chief Inspector of Air Accidents, entitled The Lockerbie Investigation: Understanding of the Effects of the Detonation of ‘Improvised Explosive Devices’ on Aircraft Pressure Cabins that was published in September 1997.

Sacrificed in the interest of international realpolitik

[On this date in 2009 The Independent carried two articles by its Defence Correspondent, Kim Sengupta. What follows is an extract from the first, Lockerbie prisoner awaits news on Libya return and the full text of the second, Lockerbie: a miscarriage of justice?:]

A decision is expected in the near future on whether the Libyan convicted of the Lockerbie bombing will be sent back to his home country after he met the Scottish Justice Secretary in prison.

Abdelbaset Ali Mohmed Al Megrahi, who is suffering from advanced terminal prostate cancer, has applied for compassionate release while the Libyan government has requested that he is moved to their custody under a recent prisoner transfer agreement with the UK.

Both Justice Secretary Kenny MacAskill and Al Megrahi’s lawyer Tony Kelly refused to make any comments following the one hour meeting at Greenock prison. However, according to legal and diplomatic sources, there is domestic and international pressure for a ruling on the matter.

Mr MacAskill cannot grant Al Megrahi a transfer while his appeal against his conviction and life sentence for the bombing of Pan Am flight 103 in December 1988, which left 270 people dead, goes through the courts.

However, the Justice Secretary can still consider the application from Libya if he is returned there on compassionate grounds.

Mr MacAskill has said that political and economic factors will not influence his decision. He has spoken to the US Attorney General and the British and American families of the Lockerbie bomb victims.

Al Megrahi, who was convicted over the bombing under highly controversial circumstances, granted the right to a fresh appeal last October by the Scottish Criminal Cases Review Commission, after a three year review, amid growing concern that he may have been the victim of a miscarriage of justice.

However, the appeal has been delayed at least until the Autumn after one of the judges sitting on the case had to withdraw to undergo heart surgery and the prisoner’s rapidly deteriorating condition meant that he may not be able to survive for much longer.

MSP Christine Grahame who has already met al Megrahi in jail, maintains that there had been a miscarriage of justice, and he should be given compassionate release.

Ms Grahame, SNP member for South of Scotland, added: "The trouble with a prisoner transfer is it will never be resolved through the Scottish courts. The appeal must proceed, and justice be done and seen to be done. I think it's appropriate that when someone's considering what's to happen to someone who's terminally ill and in prison that all aspects are examined."

Some of the bereaved, including Dr Jim Swire whose daugthter Flora was among those who died, have backed moves to free Al Megrahi. Opposition MSP’s, however, were critical of an early release.

oooOOooo

The Lockerbie bombing, the mass slaughter of 270 people over Scotland, has been mired in controversy with charges that justice for the victims was sacrificed in the interest of international realpolitik.

Both British and American officials originally claimed that Iran commissioned the attack on the Pan Am flight using the Palestinian guerrilla group PFLP (GC), based in Damascus, in retaliation for the shooting down of an Iranian airliner by the US. That changed, however, after the first Gulf War when Syria joined the US sponsored coalition against Saddam Hussein and the same officials now held that Libya was the culprit state.

Col Gadaffi’s regime eventually paid out £1.4 million in compensation to the families of the victims but that was seen by those sceptical of the new theory as one just of the deals which brought him back into the international fold and Al Megrahi was sacrificed for the same end.

Jim Swire, whose daughter Flora was one of those killed, said after the trial into the bombing "I went into that court thinking I was going to see the trial of those who were responsible for the murder of my daughter. I came out thinking he had been framed. I am very afraid that we saw steps taken to ensure that a politically desired result was obtained.”

Last October Scottish Criminal Cases Review Commission identified six grounds where it believed " a miscarriage of justice may have occurred" at the original trial into the Lockerbie bombing, at Camp Zeist, in Holland, six years ago.

BP executive "helped to release Megrahi"

[What follows is excerpted from the obituary of Sir Richard Paniguian published in The Times today:]

BP executive who worked with the Intelligence services and helped to release the ‘Lockerbie bomber’

As an oil industry executive turned spy, Sir Richard Paniguian helped to negotiate the release of Abdelbaset al-Megrahi, the former head of security for Libyan Arab Airlines, who had been convicted in 2001 of organising the bombing of the Pan Am plane that exploded over Lockerbie in 1988, killing 270 people.

Megrahi was released in 2009 after widespread criticism of his conviction. While the British government denied any involvement in Megrahi’s release, confidential documents suggest that it was prompted by pressure from the Libyan leader, Muammar Gaddafi, in return for BP oil contracts and counterterrorism assistance.

BP admitted pushing for a prisoner transfer deal. The month after Megrahi returned home, Paniguian gave a speech in which he said that “high-level political interventions” had enhanced the prospect of arms sales to Libya.

Sir Richard Paniguian, CBE, oil industry executive and security chief, was born on July 28, 1949. He died of a heart attack on June 25, 2017 aged 67

[RB: I confess that this is the first time I have encountered this particular name in connection with Lockerbie. It is perhaps worth emphasising that it is the British Government, not the Scottish Government, that is referred to.]