“I wonder who killed our relatives?”

[The following are excerpts from an article published on this date in 2000 on the website of the Washington Report on Middle East Affairs by Ambassador Andrew I Killgore, the magazine’s editor and publisher:]

“I wonder who killed our relatives?”—A middle-aged American man on a BBC-TV program about the Lockerbie trial.

Pan American Flight 103 was destroyed by an on-board explosive device over Lockerbie, Scotland on Dec 21, 1988. All 259 persons on board, most of them Americans, and 11 people on the ground were killed.

Two Libyans, Abdel Basset Ali Megrahi and Lamen Khalifa Fhimah, are on trial for the crime. The trial is being conducted, by Scottish judges under Scottish law, at Camp Zeist, a former US military base near Amsterdam, the Netherlands. According to Scottish law, the three judges may reach a finding of guilty, not guilty or not proven.

The prosecution’s operating theory is that the bombing of Pan Am Flight 103 was in retaliation for the US bombing of Tripoli in 1986, which itself was in retaliation for Libyan involvement in the bombing of a Berlin disco frequented by American servicemen. As often seems to be the case, however, the US and Libya were not the only countries involved in the ever-ratcheting rounds of retaliation. (...)

The trial of the two accused Libyans has taken some bizarre turns. The most astonishing development is that the prosecution’s highly touted key witness, the pseudonymous Libyan intelligence service defector Abdul Majid Giaka, proved on the witness stand to lack any credibility. Moreover, CIA cables reluctantly made available to the Court depicted Giaka as an unsavory character whom CIA personnel themselves had distrusted.

A BBC television broadcast showed a group of people leaving the courtroom on the day Giaka performed so badly on the witness stand. Many in the group were relatives of Pan Am 103’s victims attending the trial at the expense of the US Department of Justice’s Office of Victim Services. The quote at the beginning of this article, by a member of the group who appeared to be an American, reflected a puzzled doubt of the Libya-did-it scenario.

Even more puzzling, if that is possible, is that CIA agent Harold M Hendershot, brought to the stand to buttress Giaka’s shaky testimony, himself turned out to be vague and not very credible. In view of the fact that Hendershot had been deeply involved in the case from the time of the crash in December 1988, one is left with a growing sense of confusion, rather than answers, about Lockerbie.

The Lockerbie trial recessed at the end of October for several days while the Court considered how to handle a mass of new material on Lockerbie presented by an “unnamed country.” Whether the material in this weird new turn in the trial is helpful to the prosecution or defense is unknown, although University of Edinburgh criminal law professor Robert Black speculates that it must help the defense.

The twists and turns of Lockerbie raise intriguing questions, some of them troubling. If Libya did not bomb Pan Am 103, who did? Why would the United States present a case that didn’t hold up? Was the case ever expected to be brought to trial? Or was it basically a device for keeping Qaddafi in the doghouse with unproven charges?

Perhaps these twists and turns should not be unexpected, however—for the most significant surprise occurred on the day of the crash itself. According to its normal flight plan, Pan Am 103 “should” have blown up over the sea, where evidence of criminality never would have been found. Instead, unusually strong gale force winds that day led the pilot to fly north to get “above” the tempests—and thus to be over Scotland when the bomb exploded. Are the real criminals who blew up Pan Am 103 trembling in fear lest a fluke of nature that left evidence on the ground eventually will point to them?

All Lockerbie theories, in context

[This is the heading over an item published on this date in 2010 in Caustic Logic’s blog The Lockerbie Divide. It reads as follows:]

Broadly speaking, there are five classes of explanation for the fall of Pan Am 103.

1) Libya did it

 a) via Megrahi, as determined at Camp Zeist

 b) by some other agent

2) Iran did it

 a) via the PFLP-GC using a Khreesat bomb

 b) via some more direct method

3) Someone else did it (CIA, Israel, South Africa)

4) No one did it - the whole thing was an accident

5) It's not clear who or what caused the bombing, but it wasn't Megrahi

The first class is worth discussing, at least in that subset a) is the legally established, officially accepted, and culturally real version (within the US anyway) and b) follows from a) mixed with the doubts of the intelligent over the case against Megrahi. It's what we're debunking here, so of course it gets mentioned a lot and in detail. Tellingly, most proponents of the official 1a) conspiracy theory are less enthuusiastic about discussing the details in depth. They'd rather just point to some judges twice acting as if they believed it all. We know this, and just aren't impressed with their reasoning.

The second category is the most widely accepted alternate to Libya. The circumstantial evidence is strong, and anchored by Iran's epic grievance over Iran Air-655. This all but necessitated they do something like PA103 around the time it was done, and there's reasons to believe the German PFLP-GC cell making altimeter bombs was on this job. I'm all about informing or reminding people about this. To be sure there are many versions that aren't quite correct, like the drug swap theory. But the clues for a London infiltration of the bomb fit superbly with the Iran's desire to actually succeed, and with the known PFLP-GC technology.

Subset b) of "Iran did it" is occupied, to my knowledge, by Charles Norrie only. He also falls into group three, suggesting a joint Iranian-CIA operation. His theory is discussed in this post. Continuing with the scant category three, Patrick Haseldine has proposed - widely, loudly - the notion that apartheid South Africa carried out the bombing. At the Divide, that's discussed here and nowhere else. Andrew Killgore of WRMEA has hinted that - perhaps - Israel was to blame. That's covered here and nowhere else (no need).  

It's the last two categories that I have yet to address. On #4, the sparse allegations that a tragic accident was to blame for those 270 deaths, are - so far as I've seen - too irrational to bother discussing. To the extent I may be wrong, I've just created a post and invite full commentary on such issue there - and nowhere else on my blog, if you please.  For some reason, I've also lumped in different explosion theories in the same post - allegations the blast was too powerful, too far this way or that, a second bomb elsewhere, etc. In short, if your problem is what caused the plane to break up (and there is some room for legit questions), that is where I'd like to have it discussed.

Of these four, only "Iran did it" account for the obvious grievance Iran held in latter 1988. The others, proposing that Libya, or the South Africans, or happenstance, happened to blow up a mostly American plane within six months of its mirror image, while the Iranians apparently decided to let it slide at about the same time raises the question why?What amazing evidence compels you to propose such an amazing coincidence?

On option 5, proclaiming no good guess just always seems to me like a cop-out. Really, after all this time to consider the facts, you still don't have a best guess who or what caused such a historic event? Alright, well I suggest you read up a little more and try to at least narrow it down.

Other than links and some elaborations I may add, that pretty well sums up the allegedly confused field of "whodunnit" conspiracy theories. Five groups, four of which have something concrete to say. One dominates with the collusion of political power, one solidly challenges with the legitimacy of dethroned reality, and two are appear to be just wacky ideas supported by a small handful of persistent wingnuts.

Please do not allow yourselves to be too confused by all this.

[The comments that follow the article are also well worth reading.]

Lockerbie: 25 years on - a message from Justice for Megrahi

[What follows is the text of a message sent yesterday to Justice for Megrahi  signatory members and supporters by JFM’s secretary, Robert Forrester:]

On 21 December 1988, Europe was subject to its most notorious peacetime assault. In a matter of moments, the Lockerbie atrocity took 270 lives. All our hearts go out in love and comradeship to those the victims left behind as they remember their losses of a quarter of a century ago.

At Kamp van Zeist in 2001, Abdelbaset al-Megrahi was convicted for the villainy behind Pan Am 103. In 2009, his second appeal supported by the Scottish Criminal Cases Review Commission (SCCRC) was dropped against a background of arguably dubious political double dealing which secured his repatriation to Libya and his family due to his terminal medical condition. He died in 2012, without having succeeded in clearing his name.

As one of the country’s most renowned political and legal figures has put it: “There is not a lawyer in Scotland who believes he was guilty.” In 2011, a leading Scottish newspaper’s poll found that 52% of Scots agreed there should be an independent inquiry into the Lockerbie bombing while 34% disagreed and 14% were unsure. A petition for an inquiry has been before the Scottish Parliament for three years now calling for such an inquiry. The petition continues to receive unanimous parliamentarian support.  Allegations of criminality against police, forensic and Crown officials have been sidelined by the Scottish police and the Crown Office since August of this year because it is claimed that the allegations conflict with the Crown’s attempts to shore up the indefensible. Would the Crown Office, Police Scotland and the FBI be going on trips to Libya and Malta in their futile and secretive attempts to maintain the charade of implicating further Libyan nationals 25 years after the event were it not for the pressure they have found themselves under due to the overwhelming evidence presented by activists? Doubtful. What seems to be being presented is a cynical blind for public consumption.

Precisely how is justice being served by such intransigence as is being displayed by both the Crown Office and the Scottish Government? What kind of justice is it that produces more victims than it started with? Many good and honest folk firmly believe that justice has not been either done or seen to be done in this tragic case. There has been no completion, nor has there been any finality. A resolution is required.  The hearts and minds of the bereaved, the al-Megrahi family and all who invest their trust and faith in our justice system must be satisfied.

In the last few weeks another flood of information further undermines the Crown Office and Scottish Government position. The Foreign Minister of Malta has declared his profound doubts over the conviction. Documentary evidence has been revealed which proves that a key witness in the case against Mr. Megrahi was paid $2 million by the American authorities. This mounting evidence, on top of the evidence the SCCRC relied on for the basis of the second appeal, only serves to prove that our justice system has failed.

A third appeal must be referred. Methodical and persistent pressure can rectify the mistakes of dubious forensics, a bungled investigation and a misguided judgement. Something is seriously wrong in this case. Something seems deeply rotten in a state when public officials attempt to bluster their way out of having to deal with mass murder and a deranged court process to preserve a fantasy of reputation and as a result risk allowing those who may have committed this gross act to escape justice.

As the 25th anniversary of the Lockerbie tragedy approaches and the legacy of Nelson Mandela unfolds we demand no retribution or vengeance, we do not even seek to attribute blame, we simply ask that those who profess to serve justice do so without fear, favour or prejudice.

Signatory members of Justice for Megrahi

Ms Kate Adie (Former Chief News Correspondent for BBC News).

Mr John Ashton (Author of Scotland’s Shame and Megrahi: You are my Jury and Co- author of Cover Up of Convenience).

Mr Mikhail Basmadjian (Actor, Malta).

Mr David Benson (Actor/author of the play Lockerbie: Unfinished Business).

Mrs Jean Berkley (Mother of Alistair Berkley: victim of Pan Am 103).

Mr Peter Biddulph (Lockerbie tragedy researcher).

Mr Benedict Birnberg (Retired senior partner Birnberg Peirce & Partners).

Professor Robert Black QC (‘Architect’ of the Kamp van Zeist Trial).

Mr Christopher Brookmyre (Novelist).

Mr Paul Bull (Close friend of Bill Cadman: killed on Pan Am 103).

Ms Julia Calvert (Actress and creative director, Malta).

Mr Manuel Cauchi (Actor, Malta).

Professor Noam Chomsky (Human rights, social and political commentator).

Mr Tam Dalyell (UK MP: 1962-2005. Father of the House: 2001-2005).

Christina Dunwoodie (Soprano and opera director).

Mr Ian Ferguson (Co-author of: Cover Up of Convenience).

Dr David Fieldhouse (Police surgeon present at the Pan Am 103 crash site).

Mr Robert Forrester (Justice for Megrahi Committee).

Ms Christine Grahame MSP (Member of the Scottish Parliament).

Mr Ian Hamilton QC (Advocate, author and former university rector).

Mr Ian Hislop (Editor of Private Eye).

Fr Pat Keegans (Lockerbie parish priest on 21st December 1988).

Ms A L Kennedy (Author).

Dr Morag Kerr (Justice for Megrahi Committee and author of Adequately Explained by Stupidity?).

Mr Andrew Killgore (Former US Ambassador to Qatar).

Mr Adam Larson (Editor and proprietor of The Lockerbie Divide).

Mr Aonghas MacNeacail (Poet and journalist).

Mr Eddie McDaid (Lockerbie commentator).

Mr Rik McHarg (Communications hub coordinator: Lockerbie crash sites).

Mr Iain McKie (Retired Superintendent of Police).

Mr Marcello Mega (Journalist covering the Lockerbie incident).

Ms Heather Mills (Reporter for Private Eye).

Mr Alan Montanaro (Actor and drama school principal, Malta).

Rev’d John F Mosey (Father of Helga Mosey: victim of Pan Am 103).

Ms Denise Mulholland (Actress, Malta).

Mr Len Murray (Retired solicitor).

Mr Alan Paris (Actor and creative director, Malta).

Mr Denis Phipps (Aviation security expert).

Mr John Pilger (Campaigning human rights journalist).

Mr Steven Raeburn (Former editor of The Firm).

Dr Tessa Ransford OBE  (Poetry Practitioner and Adviser).

Mr James Robertson (Author).

Mr Mike Ross (Photographer and designer, Malta).

Dr David Stevenson (Retired medical specialist and Lockerbie commentator).

Dr Jim Swire (Father of Flora Swire: victim of Pan Am 103).

Sir Teddy Taylor (UK MP: 1964-2005. Shadow Secretary of State for Scotland).

Mr George Thomson (Private investigator).

Archbishop Desmond Tutu (Nobel Peace Prize Winner).

Mr Terry Waite CBE (Former envoy to the Archbishop of Canterbury and hostage negotiator).

Mr Simon Walker (Close friend of Joyce Dimauro: victim of 103).

Deceased members of Justice for Megrahi

Mr Moses Kungu (Lockerbie Councillor in 1988).

Mr Jock Thomson QC (Former police officer and senior prosecutor. Latterly criminal defence advocate).

First anniversary of death of Abdelbaset al-Megrahi

[Abdelbaset al-Megrahi died one year ago today.  Here is the statement that Justice for Megrahi issued on that occasion:]

Abdelbaset al-Megrahi has now died without having been able to clear his name of the destruction of Pan Am flight 103 on the 21st of December 1988 during his lifetime. Now all those politicians and Megrahi-guilt apologists who regard compassion as being a weakling's alternative to vengeance, who boast of their skills at remote medical diagnosis, and who persistently refuse to address the uncomfortable facts of the case, will doubtless fall silent. Finally, the ‘evil terrorist’ has been called to account for himself before a “Higher Power”.

The prosecution case against him held water like a sieve. We are expected to believe the fantastic tale of the Luqa-Frankfurt-Heathrow transfer of an invisible, unaccompanied suitcase which miraculously found itself situated in the perfect position in the hold of 103 to create maximum destructive effect having eluded no fewer than three separate security regimes. There is no evidence for any such luggage ever having left the ground in either Malta or Germany, it is mere surmise. Not only that but we have accusations of the key Crown witness having been bribed for testimony; a multitude of serious question marks over material evidence, including the very real possibility of the crucial fragment of PCB having been fabricated; discredited forensic scientists testifying for the prosecution; Crown witness testimony being retracted after the trial and, most worryingly, allegations of the Crown’s non-disclosure of evidence which could have been key to the defence. Added to which, evidence supporting the alternative and infinitely more logical ingestion of the bomb directly at Heathrow was either dismissed at the trial or withheld from the court until after the verdict of guilty had been returned.

The judges were under immense pressure to bring in a verdict of guilty. Zeist was the most high profile trial that the Scottish High Court of Justiciary had ever presided over. There was massive international interest, and this was compounded by the fact that the judges played the dual roles of judge and jury in a case in which the indictments were brought by the same official body that had appointed them as judges in the first instance, the Lord Advocate. Anyone hoping, therefore, to discover an application of sound, empirical reasoning based on concrete evidence being exercised in the field of jurisprudence would do well to avoid the Zeistjudgement. Indeed, the most exceptional of Zeist’s many exceptional features is the judgement. Anyone reading this extraordinary document could be forgiven for thinking that in Scotland there is a presumption of guilt and the burden of proof is on the defence. In the words of Professor Hans Köchler (UN appointed International Observer at the Kamp van Zeist Trial) commenting on the second appeal: “[it] bears the hallmarks of an intelligence operation.”

The Crown and successive governments have, for years, acted to obstruct any attempts to investigate how the conviction of Mr al-Megrahi came about. Some in the legal and political establishments may well be breathing a sigh of relief now that Mr al-Megrahi has died. This would be a mistake. Many unfortunates who fell foul of outrageous miscarriages of justice in the past have had their names cleared posthumously. The great and the good of western civilisation who have clamoured for Mr al-Megrahi’s blood of late may find it a salutary experience to reflect on the case of Derek Bentley: convicted and hanged in 1953, aged nineteen, for a crime for which in 1998 he was acquitted on his posthumous appeal. However long it takes, the campaign seeking to have Mr al-Megrahi’s conviction quashed will continue unabated not only in his name and that of his family, who must still bear the stigma of being related to the ‘Lockerbie Bomber’, but, above all, it will carry on in the name of justice. A justice which is still being sought by and denied to many of the bereaved resultant from the Lockerbie tragedy.

It took almost half a century to resolve the Bentley case. With the Zeist justice campaign now in its twelfth year, one has to ask, when faced with such intransigence, precisely whom the democratically elected, executive arm of state represents. Historically, all the major parties, both in Holyrood and Westminster, must shoulder equal responsibility. However, since first coming to power in 2007, the SNP government has actively taken measures which hinder any progress towards lifting the fog that lies over events, much to the dismay of its own party supporters and activists who take an interest in the case. In 2009, a statutory instrument which was supposed to remove the legislative prohibition on publication of the Scottish Criminal Cases Review Commission’s statement of reasons for the second appeal (a document that cost tax payers in excess of £1,000,000 to produce) was so drafted as to render publication effectively impossible. In 2010, the government also fired new legislation through parliament (‘Cadder’ Section7) that makes any prospect of opening another appeal in the interests of justice a forlorn hope. Even today, ignoring the fact that, with the support of the Scottish Parliament Public Petitions Committee, campaigners finally forced the government to admit that it does in law (under the Inquiries Act of 2005) have the power to open an inquiry into the case, the government persists in sending out correspondence claiming that it doesn’t; this, of course, is accompanied by the hackneyed old mantra of their not doubting the safety of the conviction. Furthermore, during the consultation period of the Criminal Cases (Punishment and Review) (Scotland) Bill, campaigners established that the Data Protection Act posed no legal obstacle to the publication of the SCCRC’s statement of reasons for the second appeal, however, the government maintained otherwise with the result that it was ultimately left to the courage and commitment of members of the journalistic community to test the government’s position to destruction. All of the aforementioned, and the regrettable habit of appointing Crown Office insiders to the position of Lord Advocate, are not reassuring signs that this matter is being treated with a sense of balance and objectivity by the authorities. The record has stuck. The longer this goes on, the more the doubts over the government’s true loyalties will increase.

This case has now become emblematic of an issue which affects each and every one of us and poses some profoundly basic questions which we ignore at our peril, namely: what do we perceive justice to be, what role ought it to play in our society and whom should it exist to serve? Our laws and how we apply them to our society are the most fundamental descriptor of how we function as a cohesive and coherent entity. They are effectively a portrait of our identity as a people. If, through complacency, we permit cosy, established authority to dictate the terms and to brush under the carpet concerns over how justice is defined and dispensed for the sake of convenience, expediency and reputation, we will only have ourselves to blame for the consequences.

The Scottish Cabinet Secretary for Justice, Kenny MacAskill, says that “Scotland's Criminal Justice system is a cornerstone of our society, and it is paramount that there is total public confidence in it.” Scotland’s independent and professional arbiter in the matter of referrals to the Court of Appeal, the SCCRC, believe that, on no fewer than six grounds, Mr al-Megrahi may have suffered a miscarriage of justice at Zeist. Whether or not the courts are the right and proper platform to deal with this case, the conviction has been in the hands of the High Court of Justiciary since 2001 producing no resolution whatsoever and, moreover, how amenable are the courts now likely to be towards sanctioning another appeal given that they have been invested with new powers which allow them to reject applications which question their own judgements? Fine words are not enough. Action is required. After all, the government took executive action to release Mr al-Megrahi following the dropping of his appeal (something he was under no legal obligation to do). 52% of respondents to an opinion poll conducted by a major Scottish national newspaper supported the call for an independent inquiry into the case. Over a two week period, and with minimal publicity, 1,646 individuals put their names to a petition for an inquiry, which still remains open before the Scottish Parliament’s Justice Committee. If Scotland wishes to see its criminal justice system reinstated to the position of respect that it once held rather than its languishing as the mangled wreck it has become because of this perverse judgement, it is imperative that its government act by endorsing an independent inquiry into this entire affair. As a nation which aspires to independence, Scotland must have the courage to look itself in the mirror.

Signed:

Ms Kate Adie (Former Chief News Correspondent for BBC News).

Mr John Ashton (Author of ‘Megrahi: You are my Jury’ and co-author of ‘Cover Up of Convenience’).

Mr David Benson (Actor/author of the play ‘Lockerbie: Unfinished Business’).

Mrs Jean Berkley (Mother of Alistair Berkley: victim of Pan Am 103).

Mr Peter Biddulph (Lockerbie tragedy researcher).

Mr Benedict Birnberg (Retired senior partner of Birnberg Peirce & Partners).

Professor Robert Black QC (‘Architect’ of the Kamp van Zeist Trial).

Mr Paul Bull (Close friend of Bill Cadman: killed on Pan Am 103).

Professor Noam Chomsky (Human rights, social and political commentator).

Mr Tam Dalyell (UK MP: 1962-2005. Father of the House: 2001-2005).

Mr Ian Ferguson (Co-author of ‘Cover Up of Convenience’).

Dr David Fieldhouse (Police surgeon present at the Pan Am 103 crash site).

Mr Robert Forrester (Secretary of Justice for Megrahi).

Ms Christine Grahame MSP (Member of the Scottish Parliament).

Mr Ian Hamilton QC (Advocate, author and former university rector).

Mr Ian Hislop (Editor of ‘Private Eye’).

Fr Pat Keegans (Lockerbie parish priest on 21st December 1988).

Ms A L Kennedy (Author).

Dr Morag Kerr (Secretary Depute of Justice for Megrahi).

Mr Andrew Killgore (Former US Ambassador to Qatar).

Mr Moses Kungu (Lockerbie councillor on the 21st of December 1988).

Mr Adam Larson (Editor and proprietor of ‘The Lockerbie Divide’).

Mr Aonghas MacNeacail (Poet and journalist).

Mr Eddie McDaid (Lockerbie commentator).

Mr Rik McHarg (Communications hub coordinator: Lockerbie crash sites).

Mr Iain McKie (Retired Superintendent of Police).

Mr Marcello Mega (Journalist covering the Lockerbie incident).

Ms Heather Mills (Reporter for ‘Private Eye’).

Rev’d John F Mosey (Father of Helga Mosey: victim of Pan Am 103).

Mr Len Murray (Retired solicitor).

Cardinal Keith O’Brien (Archbishop of St Andrews and Edinburgh and Cardinal in the Roman Catholic Church).

Mr Denis Phipps (Aviation security expert).

Mr John Pilger (Campaigning human rights journalist).

Mr Steven Raeburn (Editor of ‘The Firm’).

Dr Tessa Ransford OBE  (Poetry Practitioner and Adviser).

Mr James Robertson (Author).

Mr Kenneth Roy (Editor of ‘The Scottish Review’).

Dr David Stevenson (Retired medical specialist and Lockerbie commentator).

Dr Jim Swire (Father of Flora Swire: victim of Pan Am 103).

Sir Teddy Taylor (UK MP: 1964-2005. Former Shadow Secretary of State for Scotland).

Archbishop Desmond Tutu (Nobel Peace Prize Winner).

Mr Terry Waite CBE (Former envoy to the Archbishop of Canterbury and hostage negotiator).