Megrahi family to apply to UK Supreme Court for leave to appeal after Scottish court's refusal

[What follows is the text of a Reuters news agency report published this afternoon:]

The family of a Libyan man found guilty of the 1988 Lockerbie plane bombing which killed 270 people will seek to appeal the conviction direct to Britain’s top court after being refused permission by the Scottish Appeal Court, their lawyer said.

Abdel Basset al-Megrahi, an intelligence officer who died in 2012, was jailed for life in 2001 for the murder of 243 passengers, 16 crew and 11 residents of the Scottish town of Lockerbie in the deadliest militant attack in British history.

In January, the Court of Criminal Appeal in Scotland rejected an appeal brought by his family, who had argued that there had been a possible misconduct of justice, and their lawyer Aamer Anwar said on Thursday the same court had now refused permission for them to appeal that decision.

“I have now instructed our legal team to seek leave to appeal directly to the UK Supreme Court which is the final court of appeal for my father’s case,” Megrahi’s son Ali said in a statement.

“I regard my father Abdelbasset Al-Megrahi as the 271st victim of Lockerbie.”

Pan Am Flight 103 was blown up over Lockerbie in December 1988 en route from London to New York, carrying mostly Americans on their way home for Christmas.

Megrahi, who denied involvement in the attack, died in Libya in 2012 after being released three years earlier by the Scottish government on compassionate grounds due to prostate cancer.

Former leader Muammar Gaddafi accepted Libya’s responsibility for the bombing in 2003 and paid compensation to families, but did not admit personally ordering it.

However, Megrahi’s family and some relatives of the Scottish victims have always doubted his guilt and Libya’s responsibility, and say the truth has yet to come out.

[RB: The refusal by the Scottish High Court of Justiciary to grant leave to appeal was anticipated, and the necessity of a direct application to the Supreme Court was planned for.

A report in The Times on 2 April discloses the judges' reason for refusing leave to appeal: “Although the case is clearly one of public importance, the proposed grounds of appeal do not raise points of law of general public importance. The principles of law which the court applied were all well known, settled and largely uncontroversial.” [RB: The court's Statement of Reasons can be read here.]

A report in The National on 2 April contains the following:

[Aamer] Anwar said the appeal ... related to two challenges to the conviction. The first – that no reasonable jury properly directed could have convicted Megrahi on the evidence led – as it focused on that of Tony Gauci, the Maltese shopkeeper who said Megrahi had bought from him clothing put in a suitcase containing the bomb that was planted on the plane.

The second was a failure to disclose information to the defence which led to an unfair trial and thus a miscarriage of justice. This related to Gauci’s identification of Megrahi.

He added: “I have no doubt that the new democratic Libyan government headed by Abdul Hamid Dabaiba will support this final appeal for justice on behalf of the al-Megrahi family and help in our efforts to prove the innocence of Libya and its people.”]

Megrahi appeal dismissed

The High Court has dismissed the posthumous appeal brought on behalf of Abdelbaset Megrahi. The 64-page opinion of the court can be read here. [RB: In the version originally issued, the date of the disaster was stated by the court to be 22 December 1988, the same blunder as was made in the trial court's judgement. This has since been corrected to 21 December. Careless.] A summary can be found here. 

As regards the first ground of appeal, the court concludes in paragraph 87 that, notwithstanding evidence challenging 7 December 1988 as the date of purchase of the items from Tony Gauci's shop, and notwithstanding concerns about the evidence supporting Gauci's "identification" of Megrahi, "... the contention that the trial court reached a verdict that no reasonable court could have reached is rejected. On the evidence at trial, a reasonable jury, properly directed, would have been entitled to return a guilty verdict."

As regards the ground of appeal founding upon failure by the Crown to disclose material that would have been helpful to the defence the court concludes that even if the material had been disclosed it would not have made a difference to the guilty verdict. Paragraph 135 of the opinion reads: "The contention that the Crown failed to disclose material which would have created a real prospect of a different verdict is rejected."

The outcome of the appeal is a cogent illustration of just how difficult it is to have the Scottish criminal justice system acknowledge that a mistake has been made, as I continue to believe has happened here. It is, I contend, a matter of grave public concern, that the appeal was so narrowly confined and that issues such as the metallurgy of the circuit board fragment and Dr Morag Kerr's findings regarding the loading of the bomb suitcase at Heathrow were not ventilated.

The Herald's report on the dismissal of the appeal contains the following statement from the Megrahi family's solicitor, Aamer Anwar:

"Ali Al-Megrahi the son of the only man convicted of the Lockerbie bombing said his family were left heart broken by the decision of the Scottish courts, he maintained his father’s innocence and is determined to fulfil the promise he made to clear his name and that of Libya.

"As of this morning the Megrahi family have instructed our legal team to appeal to the UK Supreme Court [and] we will lodge an application within 14 days.

"The family demand the release of secret evidence held by the UK Government, which they believe incriminates others such as Iran and the Syrian-Palestinian group, the Foreign Secretary had refused to do so, this must happen for the truth to emerge."

[What follows is excerpted from a press release issued today by Aamer Anwar:]

Significant material has been received by the Legal team over the last several months, but especially since the announcement by Donald Trump’s former Attorney General William Barr on 21 December 2020, where he stated that the USA wished to extradite a former Libyan Intelligence Officer, Abu Agila Mohammad Masud for the Lockerbie bombing, 32 years later.

Masud’s confession to being involved in the conspiracy with Al-Megrahi to blow up Pan Am Flight 103, was supposedly ‘extracted’ by a ‘Libyan law enforcement agent’ in 2012, whilst in custody in a Libyan Prison. No new information appeared to be presented by Attorney General Barr.

What was significant in the US criminal complaint against Masud was his claim that he bought the clothes to put into the Samsonite suitcase that is claimed went on to blow up Pan Am Flight 103.

Of course, the problem for the US Department of Justice is that the case against Megrahi is still based on the eye-witness testimony of Toni Gauci stating that Megrahi bought the clothes. How can both men be held responsible?

The al-Megrahi family believe that if the conviction against their father were to be overturned then the US case against Masud would be non-existent.

Undoubtedly there will now be huge pressure on Libya and the GNA, the Government of National Accord based in Tripoli to extradite Abu Agila Masud to the US, but of course the American authorities will be also aware that if the Megrahi’s were to be successful at the Supreme Court, then so called case against Abu Masud would crumble. 

A reversal of the verdict would have meant that the governments of the United States and the United Kingdom stand exposed as having lived a monumental lie for 32 years, imprisoning a man they knew to be innocent and punishing the Libyan people for a crime which they did not commit.

All the Megrahi family want for Scotland is peace and justice, but as Ali stated today their journey is not over, Libya has suffered enough, as has family for the crime of Lockerbie, they remain determined to fight for justice.

They are grateful to their legal team for their unwavering commitment and also to the British families for their compassion and search for justice.

Ali said God willing, he will visit his father's grave one day to tell him that justice was done and that he fulfilled his promise to clear his name and that of Libya.

In this appeal the legal arguments related to two distinct challenges to the conviction. The first was that it was contended that no reasonable jury properly directed could have convicted Mr Megrahi on the evidence led, focusing in particular on the evidence of Maltese shopkeeper Tony Gauci stating that Megrahi bought clothes from him that were ultimately placed into a suitcase containing the bomb planted on the plane.

The second ground was that the failure to disclose information to the defence, led to the trial being unfair and thus a miscarriage of justice, these related to the reliability of Mr Gauci’s identification of Megrahi as the person who bought the clothes, as well as the content of CIA cables.  

In relation to the second ground of appeal, the failure to disclose information to the defence, the decision of the Appeal Court is the determination of a “compatibility issue” – an issue arising from a question relating to the breach of human rights, in this case article 6 the right to a fair trial.   

Where the Appeal Court in Scotland determines a compatibility issue, it is competent to seek leave to appeal from the Appeal Court of the determination of that issue to the UK Supreme Court in London.  If leave to appeal by the Scottish courts is refused, it is competent to seek leave to appeal directly from the Supreme Court in London. 

... the Megrahi family have instructed us to make an application to the UK Supreme Court.  We must now lodge an application within 14 days. Today’s decision will be carefully considered and intimated to the Crown and the UK Advocate General and lodged with the Justiciary Clerk with 14 days of the opinion of the court which is dated 15th January  2021.

The Justiciary Clerk will then ask for written submissions.  The Crown is allowed to lodge  submissions to object. Written submissions are always required even if there is an oral hearing.  It may be that the court will advise that the matter will be considered on paper submissions only. 

The time for a decision on that application is difficult to estimate, however we would expect the al-Megrahi case to progress relatively quickly and no longer than 2-3 months.

When the decision of the High Court of Justiciary is known - if it is an adverse decision then within 28 days an application for 'permission to appeal' can be lodged with the UKSC Registrar to directly appeal to the Supreme Court. One would hope that if such a process were followed then the appeal would be heard before the end of 2021.

Campaigners write to Lord Advocate about 'prejudicial' US Lockerbie briefing

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

Campaigners who believe that the only man convicted of the Lockerbie bombing was innocent, have written to the Lord Advocate criticising a briefing by the US which they say is prejudicial to the family of the late Abdelbaset al-Megrahi as they try to clear his name.

The committee of Justice for Megrahi (JfM) – which includes professor Robert Black QC – architect of the Camp Zeist trial that saw Megrahi convicted, and Dr Jim Swire, whose daughter Flora was killed in the bombing – wrote to James Wolffe QC saying the briefing by outgoing US attorney general William Barr on December 21, its 32nd anniversary, caused “extreme distress” to the bereaved UK families.

Barr said the US had charged a “third conspirator” – Abu Agila Mohammad Masud Kheir Al-Marimi – who allegedly acted along with Megrahi and his acquitted co-accused Lamin Khalifah Fhimah, to bring down Pan Am Flight 103 in 1988.

Scots lawyer Aamer Anwar, who represents the Megrahi family in their appeal, accused Barr of “grandstanding”.

JfM said they agreed with John Mosey – whose daughter died in the bombing – that Barr’s action was, “bizarre, disrespectful, insensitive and extremely ill-considered”.

In their letter to Wolffe, JfM said Barr and others had referred to the Megrahi family appeal, identifying him as an accomplice of the new suspect, along with Fhimah, who was cleared of all charges in the Lockerbie trial.

“We, and many other commentators, consider the statements made by Mr Barr and others, and the contents of the affidavit, to be prejudicial to the Megrahi family’s appeal, and that had they been made in Scotland they would have been deemed to be in contempt of court,” JfM wrote.

“Over many years Justice for Megrahi has, alongside other individuals and groups, consistently raised doubts about Mr Megrahi’s conviction and provided detailed evidence in support of these doubts.

“We have been in regular correspondence with yourself and Crown Office and in 2010 lodged a petition with the Scottish Parliament calling for an independent inquiry.

“That petition is still being considered by the Parliament’s Justice Committee.”

They added: “If the American statements are accurate, it would appear that you and Crown Office are closely linked to the American actions and conclusions, as outlined in their briefing and in the affidavit, and have agreed to them.”

JfM asked why Masud was not indicted in Scotland given the disaster happened here; why was a media briefing not held in Scotland and if the Lord Advocate agreed that the briefing should have been held on the 32nd anniversary of the bombing.

“Given that Kara Weipz, president of Victims of Pan Am Flight 103, was fully briefed on the American enquiry and was present at the briefing, why did Crown Office not ensure that the interests of UK groups like ‘UK Families Flight 103’ were similarly updated and represented?”

JfM asked if Wolffe agreed that statements in the US briefing were prejudicial to the Megrahi family appeal.

They added: “Do you agree that had this media briefing been held in Scotland some of the statements made at it would have been deemed to be in contempt of court?"

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"I wonder why they are still trying to blame the wrong people for my daughter’s death"

[What follows is excerpted from a long interview of Dr Jim Swire by Marcello Mega in today's edition of The Scottish Mail on Sunday:]

My daughter was murdered 32 years ago tomorrow on Pan Am Flight 103 over Lockerbie. For us, the anniversary is no different to the other 364 days. We remember Flora and feel her loss every day.

She would have celebrated her 24th birthday in America with her boyfriend the next day. I’m sure she would have been a mother by now. That day, our family lost a beloved daughter and sister, and all the future joy she would have brought us.

I have no doubt she would have had a wonderful career. She wanted to specialise in neurology and had done so brilliantly at nottingham University that she had been given time out to set up her own research project at Queen Square Hospital, London, l ooking at how HIV affected the brain.

I have many reasons to be angry. Much of my anger is directed at our Government and prosecution service, and the US authorities.

I wonder why they are still trying to blame the wrong people for my daughter’s death.

To hear last week the US intends to pursue another Libyan suspected of making the bomb that murdered 270 people fills me with despair, as does the news there is ‘fresh evidence’ linking a second suspect.

American investigators refuse to acknowledge the many flaws in the case that blamed Libya, and they continue the charade, ignoring all the evidence pointing to Iran. Now, cynically I believe, while five Scottish judges consider the posthumous appeal raised by the family of Abdelbaset Ali Mohmed Al Megrahi – the only man convicted of the bombing – outgoing US attorney-general William Barr will announce they want to try Abu Agila Mohammad Masud, allegedly a bomb-maker for the late Libyan leader Muammar Gaddafi.

The second suspect, Abdullah Al Senussi, is the ex-intelligence chief and brother-in-law of Gaddafi.

Mr Barr held the same position when Megrahi was first charged in 1991. Having suddenly and inexplicably changed the focus of the investigation from Iran to Libya in the beginning, he appears to have rounded the circle when no credible evidence remains against Libya. I wonder if the timing now was contrived to put pressure on the judges.

To believe the Crown’s case against Megrahi, you have to believe in a series of astonishing coincidences.

In October 1988 a European cell of the PFLP-GC terror group was raided by the German secret police in Neuss. Four bombs were recovered, all hidden in Toshiba cassette-recorders. Members admitted one device had been taken away by their leader.

The devices had a simple timer that ran for half an hour after being triggered by lowered air pressure at altitude. On a Boeing 747 this would occur seven minutes into the flight. The explosion was 37 minutes after take-off. The evidence label for the fragment supposedly linked to Libya was the only one of thousands of productions to be altered. Originally it read ‘charred cloth’, but the word ‘debris’ was overwritten, presumably when the debris itself was added.

The case for Iran as culprit is far stronger. Five months before Lockerbie, the USS Vincennes, a warship patrolling the Gulf, shot down an Iranian Airbus, killing all 290 on board. Iran vowed the skies would run with the blood of Americans. The US offered no apology.

Security warnings were shared by Western intelligence services from October 1988 that terrorists intended to bomb a US aircraft.

The later warnings were specific to Pan Am, prompting the US to offer embassy staff in Moscow the chance to fly home for Christmas with another airline. But the UK Government did nothing, failing to protect Flora and the other 269 victims, despite Heathrow having been notified of a bomb threat.

The story that saw Megrahi wrongly convicted of mass murder has the bomb on flights from Malta to Frankfurt and then on to Heathrow, but that did not happen. Even the judges who found Megrahi guilty in 2001 acknowledged the Crown had failed to show an unaccompanied bag flew on the flight from Malta. The Maid of the Seas, the Boeing 747 that would disintegrate over Lockerbie, was loaded from empty at Heathrow.

Evidence of a break-in at Heathrow the night before – which would have let someone plant the suitcase with the bomb in the relevant area – was known to the Scottish police, and must therefore have been known to the Crown, but was not revealed to Megrahi’s defence.

At the time, Heathrow had been notified by the UK department of Transport of the threat of bombs in Toshiba cassette-recorders.

We have a copy of a telex sent to Heathrow two days before Lockerbie, warning that such bombs would be hard to see on X-rays.

Incredibly, it told security staff at the airport that if an item looked uncertain on X-ray and was to be carried, it ‘could only be carried in the hold of the aircraft’.

The suppression of evidence that did not fit their case was a deliberate tactic of prosecutors.

They did not reveal that star witness Tony Gauci, owner of the shop that sold the clothing packed around the bomb, was to get $2 million (£1.5 million) for his testimony, even though he never once said the buyer was definitely Megrahi. The judges acknowledged his doubt in their verdict, but, uniquely in a criminal case where certainty is everything, made a virtue of it.

The statements Gauci made that didn’t fit the case were never shared but the judges later ruled on two matters Gauci was 100 per cent reliable on: the list of clothing and prices – not knowing that in an unseen statement he made in 1999 he had produced a different list – and that the buyer was Libyan.

The clothes purchase was agreed to have occurred on November 23, when Megrahi was in Malta. Other evidence, including Gauci’s brother Paul’s statement, pointed to december 7. Paul Gauci was not called to give evidence and received a $1 million (£740,000) reward. 

Megrahi received a life sentence.

The new appeal has not heard any of the considerable fresh evidence relating to the timer fragment.

The Scottish Criminal Cases Review Commission referred the case back to appeal but restricted the terms. There is copious evidence the fragment could not have been part of the bomb, yet the judges must decide if the conviction is safe without hearing it.

UK Families Flight 103 has always wanted to know why our loved ones were not protected despite the warnings, who killed them and why.

Our Government has always refused us a public inquiry. I am 84 and still hope to see justice done. It still brings tears to my eyes when I remember clearing out Flora’s London flat after her murder.

We found an offer to complete her studies at Cambridge, where I was an undergraduate. She would have been saving the news to tell us on Christmas day, or on her return from the States. I owe it to my wonderful daughter and to the man wrongly blamed for her death to keep fighting for the truth.

“Is this an American attempt to influence the judges?"

[What follows is excerpted from an article by Tom Peterkin in today's edition of The Press and Journal:]

The FBI agent who led the original Lockerbie investigation has revealed the atrocity’s latest suspect was on his “radar” 30 years ago but there was a struggle to prove the case against him.

Richard Marquise said it was strongly suspected Abu Agila Mohammad Masud was the “technician” responsible for the bomb that killed 270 people in the worst terrorist outrage committed on UK territory.

Mr Marquise was reacting to reports suggesting that US prosecutors will seek the extradition of Mr Masud and he will be charged in a matter of days, to stand trial in America.

As the man who led the US side of the inquiry into the bombing, Mr Marquise welcomed reports that Mr Masud could face justice, claiming any progress would be appreciated by the families who lost loved ones on Pan Am Flight 103.

“If there is going to be another trial, I’m sure the families will be… I’m not going to use the word thrilled…. because it doesn’t bring a loved one back. But I am sure they will be grateful,” Mr Marquise said. (...)

“He’s been on my radar for around 30 years,” Mr Marquise said. “He was someone we were very interested in, but we never quite found out who he was. The Libyans disavowed any knowledge of him. We knew he existed but he was never really identified.

“Back in 1991, we knew his name. We knew what he looked like and we knew what he allegedly was responsible for. He was the technician.”

The retired FBI agent added: “In my mind I always felt he was connected to it somehow But we didn’t have the clues to prove it.”

Kenny MacAskill, the former Justice Secretary who controversially released Megrahi on compassionate grounds, agreed.

“He was the one with the skills. He was on the original indictment, I’m led to believe. So he was always a wanted man,” Mr MacAskill said. “The idea that Megrahi did this on his own was absurd.”

Reports from the other side of the Atlantic suggest Mr Masud had been in custody in Libya on unrelated charges but his current whereabouts are unknown.

Since Mr Marquise’s official involvement in the investigation, there have been some developments. At the forefront of these have been the work of Ken Dornstein, a journalist whose brother David was on the London to New York flight.

In 2015 Mr Dornstein produced a investigative documentary, Lockerbie: My Brother’s Bomber, which linked Mr Masud to the bombing of Berlin’s La Belle nightclub in 1986.

Mr Dornstein interviewed a Libyan intelligence officer who said Mr Masud was involved in the bombing before the unification of Germany, which killed two US servicemen.

The same source alleged Mr Masud, by then in jail in Tripoli, was involved in the Lockerbie bombing and said he was still alive.

Mr Dornstein also claimed Mr Masud met Megrahi after the latter was freed from a Scottish jail in 2009 and given a hero’s welcome when he landed back in Libya. (...)

Mr MacAskill has already made it plain that he believes that people other than Megrahi should be held to account for the bombing.

“Question arise as to why, if they are going for Masud, aren’t they going for Senussi?” asked the former Justice Secretary. 

Mr MacAskill was referring to Abdullah Al Senussi, the late Libyan dictator Colonel Gaddafi’s brother-in-law and former spy chief who has long been associated with the crime. (...)

“I heard over recent years the view of the Libyans was they don’t like Senussi and they don’t like Masud, but giving them up to the Americans is a step too far,” Mr MacAskill said.

“I think this is probably the juncture for Britain and America to be a bit more open in information they do have and produce it, as opposed to hiding it.”

What can be read into the timing of Masud’s extradition?

That is an interesting question, according to Professor Robert Black, an the Edinburgh University legal academic who has been a keen student of the Lockerbie case.

Professor Black is regarded as the architect of the Scottish court that was set up in Camp Zeist, Netherlands, to try Megrahi and his co-accused, Al Amin Khalifa Fhimah, who was found not guilty.

“I wonder…. why now?” asked Professor Black. “Masud’s name has featured in the Lockerbie case since the very beginning, when charges were brought against Megrahi and Fhimah in 1991.”

“I think the answer to that is William Barr, the US Attorney General, is wanting to go out with a bang.”

This week it was announced that Mr Barr, who has been one of Donald Trump’s staunchest allies, is to step down as head of the US’s Justice Department.

Professor Black pointed out that Mr Barr was actually acting Attorney General way back in 1991 and was the one to announce that Megrahi and Fhimah were being charged.

“Now that he’s about to leave the scene, I think he wants to go out and his name to be remembered: Lockerbie at the beginning and Lockerbie at the end,” Professor Black said. (...)

Professor Black, who has long argued that Megrahi should not have been convicted on the evidence brought before Camp Zeist, suggested cynics might view attempts to extradite Musad as an attempt to make an impact on the appeal process.

“The other possibility is that it is a blatant attempt to influence the Scottish judges because they have got the latest Megrahi appeal before them and we await their judgement,” Professor Black said.

The argument would be that the existence of another high-profile Libyan suspect, alongside Megrahi, would back up the case for Libyan involvement in the crime.

“Is this an American attempt to influence the judges to uphold the Megrahi conviction? That’s a very, very cynical view.”

But cynicism was how the development was greeted by Megrahi family’s lawyer, Aamer Anwar.

“It’s difficult not to be cynical about the motivation of the Americans, that on the eve of the anniversary of the Lockerbie bombing as well as the appeal decision, the US now wish to indict an individual, 32 years after the bombing, what exactly have they been doing up until now?” said Mr Anwar

“Why would the Attorney General William Barr wait until just as he is about to step down from the Justice Department, considering that he was involved with this case since 1991.”

Lockerbie bombing: US said to be near charges for another suspect in 1988 plane crash

[This is the headline over a report just published on the website of The Wall Street Journal. It reads in part:]

US prosecutors are expected to unseal charges against a suspect they allege was a top bomb-maker for the late Libyan dictator Moammar Gadhafi and assembled the device that blew up Pan Am flight 103 over Lockerbie, Scotland, in 1988, opening a new chapter in one of the world’s longest and most sprawling terrorism investigations.

The Justice Department is expected to unseal a criminal complaint against Abu Agila Mohammad Masud, who is currently held by Libyan authorities, in the coming days and to seek his extradition for trial on charges in US federal court, according to senior department officials. (...)

The case, filed by prosecutors in the US attorney’s office in Washington, DC, is based largely on a confession that Mr Masud gave to Libyan authorities in 2012, which was turned over to Scottish authorities in 2017, as well as travel and immigration records of Mr Masud, US officials said.

Libyan officials didn’t immediately respond to a request for comment on the charges against Mr Masud.

Only one man — Abdel Baset al-Megrahi — was convicted by Scottish judges of playing a role in the attack, leaving many of the victims’ families saying they felt robbed of justice for the crimes. Megrahi was released eight years after his 2001 conviction on “compassionate grounds” and he died in 2012.

His family is appealing the verdict, which was made by a special panel of judges without a jury. Some prominent Scottish jurists and family members of the victims have questioned the evidence presented and the procedure used for the trial, which was held at Camp Zeist in the Netherlands in a bid to find a neutral locale. UK prosecutors have argued that the case was properly prosecuted and the judges’ initial verdict should stand and US law-enforcement authorities have long supported the guilty verdict.

The case is also of personal significance to Attorney General William Barr, who had announced US charges against Megrahi and another Libyan official in his first major press conference in his first stint in the job in 1991. He is expected to unveil the new case at a press conference in the next few days, officials said, in what will be one of his last official public acts before he steps down from serving in the post a second time later this week.

In announcing the case as acting attorney general in the Bush administration in 1991, Mr Barr said: “we will not rest until all those responsible are brought to justice.” The efforts to prosecute the men drifted for years. Scottish prosecutors had brought a parallel case, and it wasn’t until 1999—after years of wrangling among the US, the UK and Libya—that the Gadhafi regime handed over Megrahi and Lamin Khalifah Fhimah. Mr Fhimah was acquitted, and Megrahi was given a life sentence.

Evidence in the Megrahi prosecution included the remains of clothing from a suitcase thought to have carried the bomb. Investigators traced the clothing to a shop in Malta, whose owner identified Megrahi as the man who purchased it. Investigators also found remnants of a thumb-size timer, which they traced to a Swiss company that had contacts with Libya.

Mr Masud faces charges of destruction of an aircraft resulting in death and destruction of a vehicle of interstate commerce resulting in death. US officials said he traveled to Malta just before the bombing, constructed the bomb there and filled the suitcase with clothing before it was ultimately placed on Pan Am 103.

In Libya, the charges against a former Gadhafi regime official recall an era of an era of terror and repression under the former government. (...)

Some Libyans still believe their country was falsely accused. But many regard any accusations against the former regime as the work of a deposed and discredited government.

The United Nations Security Council put sanctions on Libya over the Lockerbie attack, isolating the country internationally. The UN lifted the sanctions in 2003 after the government agreed to pay out compensation to the victims, easing Libya’s isolation. (...)

Libyan authorities have questioned jailed former regime officials in connection with the bombing, according to Mohammed Ali Abdullah, an adviser to the Tripoli government. Among those questioned was Abdullah Senussi, Gadhafi’s former intelligence chief, who is being held in a prison in Tripoli and also has been indicted by the International Criminal Court for crimes against humanity.

The Lockerbie bombing wasn’t the only international act of terror the Gadhafi regime was accused of carrying out. In 1986, Libyan agents bombed a nightclub in West Berlin, killing three people including two American soldiers and injuring more than 200 others. In 2001, a German court convicted a former Libyan diplomat and three accomplices over the attack.

[RB: A last throw of the dice over Lockerbie by William Barr before he demits office as US Attorney General. Abu Agila Masud's name has long featured in speculation about the Lockerbie case. The most balanced consideration of his position comes in (a) John Ashton's article about the Ken Dornstein film in the Scottish Review "The coverage of the film is more notable for what it omits than what it reveals" and (b) Kevin Bannon's A response to the Dornstein documentary, both in November 2015.]

Who made the bomb? The full truth about Lockerbie is still not being told

[This is the headline over a long report by David Horovitz published today on the website of The Times of Israel. It reads in part:]

Megrahi went to his grave protesting his innocence, and his family continues to fight to clear his name. This week, Scotland’s highest criminal court is hearing his relatives’ latest appeal against his conviction, after an independent review determined that he might have been the victim of a miscarriage of justice. Among other flaws, the defense is highlighting that the Maltese shopkeeper who identified Megrahi as the man who purchased the incriminating clothing in the suitcase, and whose evidence has always been controversial, was paid for his testimony, a fact that was not disclosed to the defense in the original trial.

I have followed the Lockerbie case since the time of the bombing, when I was working for The Jerusalem Post as its London correspondent, and when I happened to see material in the early stages of the investigation that pointed not to Col. Gaddafi’s Libya, but rather to Iran and the Palestinian terrorist organization PFLP-GC — the Popular Front for the Liberation of Palestine-General Command. Earlier in 1988, the US Navy’s guided-missile cruiser USS Vincennes had shot down an Iran Air Airbus in the Persian Gulf, killing all 290 passengers and crew, in a tragic case of mistaken identity. The US said it had misidentified the civilian airliner as a fighter jet. Iran had promised to avenge the deaths. Ayatollah Khomeini had vowed that the skies would “rain blood.” (...)

Just weeks before the Lockerbie blast, four devices strikingly similar to the one that would soon be utilized to such devastating effect on Flight 103 had been found in the possession of PFLP-GC members arrested in a Frankfurt suburb. That PFLP-GC cell was reported at the time to have been planning to blow up planes heading to the US and Israel. Its bombs, like those the PFLP-GC had used in the past, and like the Lockerbie device, were detonated by a barometric pressure device and timer, activated when a plane reaches a certain altitude. A fifth bomb in the Frankfurt cell’s possession was said to have disappeared; this was presumed to be the device that blew up Flight 103.

The Lockerbie investigators were initially following these leads; then they shifted their focus to Libya. In 2003, Gaddafi accepted responsibility for the bombing — though he denied ordering it — and paid compensation to the victims’ families, in accordance with UN demands for the lifting of sanctions on his country.

Almost seven years ago, a colleague of mine at The Times of Israel noticed that a man named Marwan Khreesat, a Jordanian national, maintained an Arabic-language Facebook page in which he had taken to posting pictures of the Lockerbie bombing. Khreesat was the PFLP-GC’s bombmaker-in-chief, the alleged maker of those barometric-pressure devices. He was one of those who was arrested by the German authorities in Frankfurt, only to be inexplicably released soon afterward. Now he was promising to reveal the truth about Lockerbie — to “write about Pan Am 103,” including “who was on the flight and the circumstances of the incident.”

In his posts, Khreesat also connected himself to the bombing of an El Al plane from Rome to Tel Aviv in 1972, describing that attack as “a challenge to the Israeli intelligence agents who are responsible for searching luggage and everything that goes on a plane.” The 1972 El Al bomb — another barometric-pressure device — had been hidden in a record player that two British women were duped into carrying by two Arab men who were later arrested. Although the bomb exploded, the pilot was able to make an emergency landing. “It was a successful blow against the Israeli enemy,” Khreesat wrote in a March 14, 2014, Facebook post, in which he also described spending time with PFLP-GC chief Ahmed Jibril in Rome as they waited for the attack to unfold.

In several 2013-4 Facebook posts relating to Lockerbie, Khreesat recalled his arrest two months before the bombing. He posted pictures of the destroyed cockpit of the 747 after the explosion, the painstakingly reconstructed parts of the plane wreckage, and a radio-cassette recorder like the one that held the bomb. He also asked a series of unanswered questions about the attack. “Who did the operation?” he mused in a post on the 25th anniversary of the blast. “Israel? Iran? Libya? Who carried the Toshiba explosive device [in which the bomb was hidden]?… Did the explosive device come from Malta airport like the American intelligence agencies say?… When will these riddles be solved.”

This week’s appeal by the Megrahi family was green-lighted by the Scottish Criminal Cases Review Commission in part because of “nondisclosure” of evidence to the defense team in the original trial. Some of that documentary evidence is widely reported to have been provided by Jordan’s late King Hussein and to not only to implicate the PFLP-GC in the Lockerbie atrocity, but to specify that Marwan Khreesat built the bomb.

On Friday, however, the head of the Scottish judiciary, Lord Carloway, ruled that the documents must still be withheld on the grounds of national security. Accepting a secrecy order signed by British Foreign Secretary Dominic Rabb [sic], Carloway explained, “[Rabb’s] clear view is [that the release of the documentation] would cause real harm to the national security of the UK because it would damage counter-terrorism liaison and intelligence gathering between the UK and other states… The documents had been provided in confidence to the government. Their disclosure would reduce the willingness of the state, which produced the documents, to confide information and to co-operate with the UK.”

All manner of conspiracy theories surround the Lockerbie bombing, some of which do not rule out the involvement of Libya and Megrahi, most of which revolve around the fact that nobody has been prosecuted for making the bomb, and many of which focus on the PFLP-GC and Marwan Khreesat.

Over the years, I’ve had the opportunity to raise the question of the Lockerbie bombing with several former Israeli intelligence figures, who were in office at the time of the bombing and well aware of the activities of the PFLP-GC at the time. Two of them insisted without elaboration that “Libya did it” and brushed away further questions. A third, by contrast, told me it was “clear that Jibril prepared the operation.”

Israel was “listening in” on the PFLP-GC during the months prior to Lockerbie, he said, and hearing about preparations for what “we thought was a plan to target an Israeli plane.” There was a “huge alert” in the Israeli security establishment because of indications that the PFLP-GC was about to strike, this source went on. “We told the British and the Americans what we knew, which was that there was an intention to hit an Israeli plane… We didn’t warn about a British or an American plane because we didn’t know that,” he said.

The new appeal hearing is expected to continue until Friday, with a ruling at a later date. “It is submitted in this case that no reasonable jury, properly directed, could have returned the verdict that it did, namely the conviction of Mr Megrahi,” the defense lawyer Claire Mitchell told the judges on Tuesday. But that argument will be harder to make without those “Jordanian” documents, which the defense has said are central to the appeal. If his relatives fail to have Megrahi’s conviction overturned, their allegation of a miscarriage of justice will linger.

Marwan Khreesat died in 2016.

His Facebook page is still online.

But he never did tell the truth about Lockerbie.

Thirty-two years of struggle for truth and justice

[What follows is the text of a press release issued today by Aamer Anwar & Co:]

It has been a long journey in the pursuit for truth and justice. When Pan Am Flight 103 exploded over Lockerbie nearly 32 years ago, killing 270 people from 21 countries, it remains the worst terrorist atrocity ever committed in the UK.

Since then the case of Abdelbasset Al-Megrahi the only man ever convicted of the crime has been described as the worst miscarriage of justice in British legal history.

The finger of blame has long been pointed in the direction of Iran for having ordered a Syrian-Palestinian group to carry out a revenge attack for the downing of an Iranian Airbus by the U.S. six months earlier which killed all 290 on board.

The reputation of the Scottish criminal justice system has suffered internationally because of widespread doubts about the conviction of Mr Al-Megrahi.

It is in the interests of justice that these doubts can be addressed, however he was convicted in a Scottish court of law and that is the only appropriate place for his guilt or innocence to be determined.

An overturning of  the verdict for the Megrahi family and many of the families of British victims also supporting the appeal, would vindicate their belief that the Governments of the United States and the United Kingdom stand accused of having lived a monumental lie for 31 years, imprisoning a man they knew to be innocent and punishing the Libyan people for a crime which they did not commit.

We are now in possession of much evidence that we have not revealed publicly as it is not appropriate to do so at this stage.

However, at the conclusion of this appeal we intend to disclose significant material about the role of individuals, nations and their politicians, because there can never be a time limit on justice or the truth emerging.

This process began for my legal team in 2014 when I first met with Dr Jim Swire and the Rev. John Mosey who lost their daughters Flora and Helga that night in Lockerbie. I pay tribute to their perseverance, compassion and courage.

Flora Swire one day before her 24th birthday, was brutally murdered along with 269 others in the Lockerbie attack. I spoke to Jim last night, he said he still aches for his daughter Flora, what might have been, the grandchildren she would have had, the love she always gave her family and the glowing medical career.

It has always been and remains his intent to see those responsible for her death brought to justice.

I also spoke yesterday to Ali the son of Al-Megrahi and he told me he was 8 years old when his father went to the Netherlands to stand trial. When his father returned to Libya to die, Ali spent most of his time next to his father and he says that until his dying breath he maintained his innocence. The Megrahi’s regard their father as the 271st victim of Lockerbie.

For my team it has been six long years but for the families we represent, finally there is hope that we are coming to the end of a very long journey, in nearly 32 years of their struggle for truth and justice.”

Funding plea for appeal aiming to exonerate man convicted for Lockerbie bombing

[This is the headline over a report published today on the website of The National. It reads in part:]

The UK’s worst terrorist atrocity – the Lockerbie bombing – is returning to court as a crowdfunder is launched to pay for lawyers bidding to posthumously clear the only man to be convicted of the crime. (...)

Megrahi died in 2012, but his son Ali al-Megrahi is appealing against the conviction on his behalf.

The appeal was lodged after the Scottish Criminal Cases Review Commission (SCCRC) referred the case to the High Court in March following a ruling there may have been a miscarriage of justice.

Judges allowed the appeal in relation to the argument that “no reasonable jury” could have returned the verdict the court had and on the grounds of non-disclosure of documents by the Crown.

Aamer Anwar, the lawyer representing the family, claimed the Libyan government had “failed to honour its promise of funding the appeal” and has launched a crowdfunder. [RB: The crowdfunding page and details of how to contribute can be found here.]

He said the legal team had worked “pro-bono” for more than six years and had they charged the costs would run into millions.

The appeal hearing will start at the High Court in Edinburgh on Tuesday and is expected to last until the end of the week. [RB: Log-in information for members of the public wishing to follow the proceedings (audio only) is to be found here.]

Anwar said: “There has been a widespread assumption that our legal team have been paid fees to date, that is simply not true as they have worked pro-bono for what can only be described as the biggest criminal appeal in UK legal history.

“Despite promises over the course of several years, the Libyan government has so far failed to fund the case and so we are now forced to look to the public to support us however much they can.”

The lawyer said: “In conclusion, for the Megrahi family and many of the British families of the victims supporting the appeal, there is finally hope this is the end of a very long journey. For my team it has been six long years but for the families we represent it has been nearly 32 years of struggle for truth and justice.”

Central to the appeal are items said to have been bought by Megrahi in a shop in Malta owned by Tony Gauci, which were found in the case housing the bomb that destroyed Flight 103.

The SCCRC agreed a miscarriage of justice may have arisen as the court could not reasonably find Megrahi had bought them on the evidence before it. Gauci also received a $2 million (£1.5m) reward from the US for giving evidence against Megrahi.

Anwar added: “The judges, following the hearing in August, authorised the founding of the appeal on the additional ground of non-disclosure of the CIA cables. They also ordered that protected documents held by the UK Government should be released to the court.

“Thereafter a private court hearing … considered whether the documents over which Public Interest Immunity is claimed should be released to the appellant. A decision is still pending on whether the protectively marked documents will be released to us.” [RB: On Friday, 20 November the High Court published its decision upholding the UK Government's claim of public interest immunity. Accordingly this proposed ground of appeal falls.]