Lockerbie — Pan Am 103: the truth at last?

[This is the headline over an article about the Megrahi family’s forthcoming application to the Scottish Criminal Cases Review Commission posted today on Dr Ludwig de Braeckeleer’s Intel Today website. In the article he quotes an email that I sent to him earlier today. Here is what I wrote:]

I am optimistic about the outcome of the Megrahi family's forthcoming application to the SCCRC. In June 2007 the SCCRC decided, on six grounds, that there might have been a miscarriage of justice. Since then even more evidence has come to light casting doubt on the verdict (not least Dr Morag Kerr's masterly analysis of the bomb-damaged luggage, which demonstrates beyond reasonable doubt that the bomb suitcase was ingested at Heathrow, not Luqa in Malta).

My only slight worry is how the SCCRC will apply the "interests of justice" requirement (ie not only must the Commission be satisfied that there might have been a miscarriage of justice, it must also be satisfied that it is in the interests of justice for there to be a fresh appeal). It is possible to envisage the SCCRC saying that there have already been two appeals (the first of which Megrahi lost and the second of which he abandoned) and that it is not in the interests of justice for there to be a third bite at the cherry. I am reasonably optimistic that the Commission will not adopt this approach -- the Megrahi conviction still casts a dark shadow over the Scottish criminal justice system and is far from being generally accepted as just by the public in Scotland and elsewhere. I would expect the SCCRC to take the view that it is in the interests of justice in Scotland that an appeal take place that can remove this dark shadow, one way or the other.

Abu Nidal and Lockerbie

[On this date in 2008 a long article entitled Lockerbie: The Man Who Was Not There by Dr Ludwig de Braeckeleer was published on the OhmyNews International website. It contains lots of interesting material, including extensive quotes from Richard Marquise, the FBI’s chief Lockerbie investigator. The following is just one short excerpt from the article:]

Atef Abu Bakr is a former spokesman for the Abu Nidal Organization (ANO) and one of Nidal's closest aides between 1985 and 1989. In a series of interviews published in the Arabic Al Hayat newspaper Bakr said that Abu Nidal told him that his organization was behind the explosion on Pan Am flight 103*.

"Abu Nidal told a meeting of the Revolutionary Council leadership: I have very important and serious things to say. The reports that attribute Lockerbie to others are lies. We are behind it."

"If any one of you lets this out, I will kill him even if he was in his wife's arms,"' Abu Nidal added, according to Bakr.

Having become persona non grata in Syria, Abu Nidal started his move from Syria to Libya in the summer of 1986. His operations, and those he falsely claimed, were bringing discomfort to Damascus. His move to Libya was completed by March 1987.

Settling in Tripoli, Abu Nidal and Libya's leader, Muammar al-Gaddafi, allegedly became close friends sharing, according to some observers, "a dangerous combination of an inferiority complex mixed with the belief that they were men of great destiny."

In the aftermath of the Pan Am Flight 103 bombing, Gaddafi, seeking to distance himself from Nidal, expelled him in 1999**.

* "Abu Nidal Behind Lockerbie, Says Aide."

** Abu Nidal Organization

Lockerbie witnesses were paid

[This is the headline over an article by Dr Ludwig de Braeckeleer published in OhmyNews International on this date in 2009. It reads in part:]

In recent times, allegations have resurfaced regarding payments offered to key witnesses of the Lockerbie trial.

Specifically, there have been rumors that Majid Giaka, Paul and Tony Gauci were each paid about US$4 million for their help in the conviction of Megrahi for the bombing of Pan Am 103 over Scotland on Dec. 21, 1988. (...)

Richard Marquise, the FBI agent who led the Lockerbie investigation, forcefully denied that witnesses were ever offered any money.

'"I can assure you that no witnesses were ever offered any money by anyone--including the CIA," Marquise told OhmyNews. "This issue came up at trial and I spoke with the defense lawyers about it in Edinburgh in 1999 -- before trial. No one was promised or even told that they could get money for saying anything. Every FBI agent was under specific orders not to mention money to any potential witness." (...)

'A source speaking on condition of anonymity told Jeff Stein, the national security editor of the Congressional Quarterly, that a key witness, Tony Gauci, and his brother were each paid somewhere between $3 million to $4 million for providing information leading to the conviction of Megrahi.

'Moreover, former State Department lawyer Michael Scharf confirmed to OhmyNews that rewards were paid in the context of the Lockerbie trial.

'"I knew that rewards payments were made, but not the amount. The Awards for Terrorism Information program has been around since the 1980s, and has been expanded to rewards for information leading to the arrest or conviction of international indicted war criminals like Karadzic and Mladic. When I worked at the Office of the Legal Adviser of the State Department I was involved in the program," Scharf wrote in an email to OhmyNews. (...)

'Prof Black, often referred to as the architect of the Lockerbie trial, agrees. "The issue of payments made or promised to witnesses forms an important part of the Grounds of Appeal," Black told the author.

'"At one time in Scotland, if payment had been made, or promised, to a witness that was an absolute bar to his giving evidence. Today, it is simply a factor that must be taken into account in assessing his credibility. However, in order for this to be done, it is necessary that the court should know that the payment was made or promised. Failure by the Crown to disclose the promise or the payment is a serious breach of their duty to the court and to the administration of justice," Black said.'

Discovery of dodgy timer fragment

[What follows is excerpted from an article published in 2007 by Dr Ludwig de Braeckeleer:]

The Discovery of the MST-13 Timer Fragment

In the months following the bombing of Pan Am 103 over Lockerbie, someone discovered a piece of a gray Slalom-brand shirt in a wooded area about 25 miles away from the town. According to a forensics expert, the cloth contained a tiny fragment -- 4 millimeters square -- of a circuit board. The testimony of three expert witnesses allowed the prosecutors to link this circuit board, described as part of the bomb trigger, to Megrahi.

There have been different accounts concerning the discovery of the timer fragment. A police source close to the investigation reported that it had been discovered by lovers. Some have said that it was picked up by a man walking his dog. Others have claimed that it was found by a policeman "combing the ground on his hands and knees."

At the trial, the third explanation became official. "On 13 January 1989, DC Gilchrist and DC McColm were engaged together in line searches in an area near Newcastleton. A piece of charred material was found by them, which was given the police number PI/995 and which subsequently became label 168."

The Alteration of the Label

The officer had initially labeled the bag "cloth (charred)" but had later overwritten the word "cloth" with "debris."

The bag contained pieces of a shirt collar and fragments of materials said to have been extracted from it, including the tiny piece of circuit board identified as coming from an MST-13 timer made by the Swiss firm MeBo.

"The original inscription on the label, which we are satisfied, was written by DC Gilchrist, was 'cloth (charred).' The word 'cloth' has been overwritten by the word 'debris.' There was no satisfactory explanation as to why this was done."

The judges said in their judgment that Gilchrist's evidence had been "at worst evasive and at best confusing."

Yet the judges went on to admit the evidence. "We are, however, satisfied that this item was indeed found in the area described, and DC McColm, who corroborated DC Gilchrist on the finding of the item, was not cross-examined about the detail of the finding of this item."

“Abu Nidal confesses to Lockerbie attack”

[This is the translated headline over a report in German published on this date in 2002 on the Austrian News website. My English translation of the piece (assisted by Google Translate) reads as follows:]

Convicted Libyan was innocent according to Weltspiegel

Libyan Abdel Basset Ali al Megrahi, who was sentenced to life imprisonment because of the Lockerbie attack, is innocent according to the terrorist group Abu Nidal. This was reported on Saturday by ARD Weltspiegel, citing the Palestinian Khalid Awad, according to a leader of the terror group.

According to him, the bomb which destroyed the American Pan-Am plane over the Scottish town of Lockerbie in December 1988 was planted by the Abu Nidal group and the terrorist group led by Ahmed Jibril.

The Libyan secret agent Megrahi and a colleague, who was also arrested but later acquitted, were in no way the persons responsible for the terrorist attack, reports Weltspiegel according to Awad. The two terrorist groups each received five million dollars (about five million euros) from Libyan authorities after the attack. [RB: It is normally claimed that the money was paid by Iran, not Libya. Dr Ludwig de Braeckeleer contends that these payment claims are erroneous.]

In December 1988, 259 passengers and crew and eleven people on the ground were killed. Megrahi was sentenced to life imprisonment in January 2001. In March [2002] of this year a Scottish Court of Appeal confirmed the verdict. In September, lawyers for Megrahi filed a petition with the European Court of Human Rights to review the judgment against their client. [RB: The history of the application to the ECtHR can be read here.]

FBI Special Agent Thomas Thurman

A whole day power outage here in the Roggeveld Karoo made it impossible to post to this blog yesterday (30 October). Here is what I had intended to post:

[This is the heading over an article by Dr Ludwig de Braeckeleer that appeared on the Canada Free Press website on this date in 2008. It reads in part:]

“No court is likely get to the truth [regarding the bombing of Pan Am 103], now that various intelligence agencies have had the opportunity to corrupt the evidence.” - Oliver Miles, Former British Ambassador to Libya

Thomas Thurman worked for the FBI forensics laboratory in the late 80s and most of the 90s. Thurman has been publicly credited for identifying a tiny fragment as part of a MST-13 timer produced by the Swiss company Mebo.

“When that identification was made, of the timer, I knew that we had it,” Thurman told ABC in 1991. “Absolute, positively euphoria! I was on cloud nine.”

Again, his record is far from pristine. The US attorney general has accused him of having altered lab reports in a way that rendered subsequent prosecutions all but impossible. He has been transferred out the FBI forensic laboratory. Thurman has since left the FBI and joined the faculty at the School of Criminal Justice, Eastern Kentucky University.

The story shed some light on his formation. The report says “Williams and Thurman merit special censure for their work. It recommends that Thurman, who has a degree in political science, be reassigned outside the lab and that only scientists work in its explosives section.”

“For what it’s worth the best information on Lockerbie came long after Zeist, when the investigation was closed. I’ve always been curious about this case and never stopped looking into it, until the day I left the CIA in December 1997,” Robert Baer told me.

“The appeals commission posed the question to me about someone planting or manipulating evidence only to cover all the bases. I told them I did not think there was an organized attempt to misdirect the investigation, although I was aware that once it was decided to go after Libya, leads on Iran and the PFLP-GC were dismissed. Often in many investigations of this sort, the best intelligence comes out long after the event,” Baer added.

“I’m fascinated to know precisely why the Scots referred the case back to the court, although they did tell me the FBI and Scotland Yard have manipulated the evidence for the prosecution,” Baer told me.

Forensic analysis of the circuit board fragment allowed the investigators to identify its origin. The timer, known as MST-13, is fabricated by a Swiss Company named MeBo, which stands for Meister and Bollier.

The company has indeed sold about 20 MST-13 timers to the Libyan military (machine-made nine-ply green boards), as well as a few units (hand-made eight-ply brown boards) to a Research Institute in Bernau, known to act as a front to the Stasi, the former East German secret police. (...)

The CIA’s Vincent Cannistraro is on the record stating that no one has ever questioned the Thurman credentials. Allow me.

“He’s very aggressive, but I think he made some mistakes that needed to be brought to the attention of FBI management,” says Frederic Whitehurst, a former FBI chemist who filed the complaints that led to the inspector general’s report.

“We’re not necessarily going to get the truth out of what we’re doing here,” concluded Whitehurst who now works as an attorney at law and forensic consultant.

Dr Whitehurst has authored something like 257 memos to the FBI and Justice Department with various complaints of incompetence, “fabrication of evidence” and perjury of various examiners in the FBI Laboratory (primarily Explosives Unit examiners).

“What I had to say about Tom Thurman and the computer chip was reported to the US attorney general’s inspector general during the investigation of wrongdoing in the FBI lab in the 1990s. I acquired all that information and the inspector general’s report from a law suit under the Freedom of Information Act and therefore the information provided under that FOIA request is in the public sector,” Whitehurst told me.

“I reported to my superiors up to and including the director of the Federal Bureau of Investigation, the US attorney general, members of the US Congress and US Senate as well as the Office of the President of the United States that FBI Supervisory Special Agent Thomas Thurman altered my reports for five years without my authorization or knowledge. This is public information. Thurman holds an undergraduate degree in political science and I hold a PhD in chemistry.”

“Thurman was not recognized by the FBI or anyone else as having expertise in complex chemical analysis and I was. When confronted with this information Thurman did not deny it but argued that my reports could and/or would hurt prosecutors’ cases. I was very concerned about the fact that wrong information in the final reports could hurt individuals and deny citizens of this country right to a fair trial. When I raised my concerns with my managers at the FBI laboratory, all except for one of them reminded me that Thurman was the “hero” behind determining the perpetrators of the Pan Am 103 disaster.”

“I understood from that that the FBI would not expose these issues for fear that the investigation into the Pan Am 103 bombing would be seen as possibly flawed and this would open the FBI up to criticism and outside review.”

No government body has found that Mr. Thurman has done anything illegal. However he was relieved from his post in the FBI’s Explosives Unit and placed in charge of the FBI’s Bomb Data Center.

“Did Mr Thurman find the integrated circuit chip about which you have referred? After leaving the FBI, I was interviewed by Scottish defense attorneys for one of the individuals accused of bombing Pan Am 103. At that interview were two of my attorneys, two FBI attorneys and two Scottish attorneys and me. I was asked what I knew about the circuit chip. I can say that I was not interviewed because I agreed with the official version of the discovery of that integrated circuit chip,” Whitehurst wrote to me. (...)

In the world of Forensic Sciences, former FBI [special agent] William Tobin is a legend. To name but a few of his achievements, Tobin demonstrated, along with his NTSB colleagues, that TWA 800 had been destroyed by mechanical failure at the time when virtually the rest of the world strongly believed a terror act. Both the NTSB and the CIA subsequently presented compelling evidence demonstrating the scientific validity of Tobin’s conclusion.

After retiring, Tobin demonstrated that the Lead content bullet identification technique, used by the FBI for more than four decades, was flawed. Tobin was not allowed to work on this matter while at the FBI.

Tobin knows a few things about superhero Thomas Thurman. Tobin told me that, in his opinion, Thurman and other Explosives Unit examiners were prone to confirmation bias, an observer bias whereby an examiner is inclined to see what he is expected to see. Tobin’s opinion is based on “numerous interactions whereby Thurman and other examiners rendered conclusions supporting the prevailing investigative or prosecutorial theory but which were unsupported by scientific fact.

It was not uncommon to determine that items characterized as ‘chrome-plated’ were nickel-plated, ‘extrusions’ turned out to be drawn products, ‘castings’ turned out to be forgings, white residues characterized as explosive residue turned out to be corrosion products (generally Al2O3 or a non-stoichiometric form), bent nails claimed to be indicative of an explosion, and a truck axle was characterized as having fractured from an explosion (a conclusion rendered solely from an 8-1/2” x 11” photograph where the axle was a small fraction of the field of view and the fracture surface itself was not observable).

“I put no credence into any scientific or technical conclusions rendered by anyone without a suitable scientific background for that matter, until I can make an independent evaluation. Thurman was a history or political science major to my recollection,” Tobin added

“His habit, as with most Explosives Unit examiners with whom I interacted and based on numerous court transcript reviews and ‘bailout’ requests I received on several occasions (to ‘bail out’ an examiner who not only misrepresented an item of evidence but also was confronted with more accurate representations of the evidence in trial), was to seek someone else’s expertise and then present it as his own in a courtroom without attribution.”

“He would frequently come into my office, ask for a ‘quick’ assessment of something (but I would always indicate that my opinion was only a preliminary evaluation and that I would need to conduct proper scientific testing of the item(s)), then weeks later I would see the assessment in a formal FBI Laboratory report to the contributor (of the evidence) as his own ‘scientific’ conclusion,” Tobin remembers.

“I cannot imagine that he was acting alone. He was a mid-level manager without a great deal of authority and with severely limited credentials of which the FBI was fully aware,” Whitehurst answered when I asked him if he thought that Thurman had acted alone.

“The problem with having a scientific laboratory within an intelligence gathering organization is that scientists traditionally are seeking truth and at times their data is in direct contradiction to the wishes of a government that is not seeking truth but victory on battle fields.”

“The problem with the scientific data is that when one wishes to really determine what the government scientists or pseudo scientists could have known, one need only look at the data. So few citizens ever ask for or review that data. So few scientists wish to question the government that feeds them and gives security to their families.”

“Was Thurman ordered to do what he did? No one acts alone without orders in the FBI. We had clear goals which were clearly given to us in every document we received from anyone. If a police organization wished for us to provide them “proof” of guilt then they told us in many ways of their absolute belief that the perpetrators were those individuals they had already arrested. If the president of the United States tells the country in the national news that Dandeny Munoz Mosquera is one of the most fear assassins in the history of the world then every agent knows that he must provide information to support that statement. If leaders decide without concern for foundation of truth then most people will follow them,” Whitehurst said.

“Thurman did not act alone. The culture at the FBI was one of group think, don’t go against the flow, stay in line, ignore that data that does not fit the group think,” Whitehurst added.

His former colleague agrees. “I’ve seen so often where an individual who was at one time an independent thinker and had good powers of reasoning acquires the ‘us vs them,’ circle-the-wagons, public-relations at all costs mentality at the FBI,” Tobin says.

“As much as I loved the institution, I have never seen a worse case of spin-doctoring of any image-tarnishing facts or developments as I had at the FBI. Never! It seemed the guiding principle was ‘image before reality’ or ‘image before all else’ (including fact). Whatever you do, ‘don’t embarrass the Bureau’ and ‘the Bureau can do no wrong.’”

Lockerbie evidence was taken abroad

[This is part of the headline over a report published on the STV News website on this date in 2009. It reads in part:]

Christine Grahame says Crown Office confirmed fragment taken abroad by investigating officers.

An MSP says that a key piece of evidential material used to convict the Lockerbie bomber was taken to Germany and the US without the defence team or the prosecutor knowing.

Christine Grahame MSP says the Crown Office confirmed to her that the fragment was taken to Germany and then to the US by Scottish investigating officers without the knowledge of the defence team or the senior prosecutor at the time of the investigation.

Ms Grahame also claims Scottish police investigators did not record the fragment's transportation across the world and in doing so broke the vital chain of evidence undermining the integrity of the fragment.

She said: "The Crown Office have confirmed to me today that the fragment, PT-35, the piece of evidence that it was claimed linked Libya to the attack was also sent to Germany in April 1990 as well as the US.

"On the 22nd of June 1990 it was then taken to the FBI lab in Washington for examination by FBI officials there. Lord Fraser makes it clear he did not know and would not have allowed this evidence to be taken out of Scottish jurisdiction and control, but that is precisely what did happen. That leaves a very serious question mark over the central piece of evidence used to convict Mr Megrahi."

[RB: The history of PT35 and its travels can be found on Dr Ludwig de Braeckeleer’s PT35B website.]

The obfuscation of reality

[What follows is the text of an article by Dr Ludwig de Braeckeleer that was published on OhmyNews International on this date in 2007:]

"Proper judicial procedure is simply impossible if political interests and intelligence services -- from whichever side -- succeed in interfering in the actual conduct of a court … The purpose of intelligence services -- from whichever side -- lies in secret action and deception, not in the search for truth. Justice and the rule of law can never be achieved without transparency."

--Hans Koechler, UN observer at the Zeist trial

On Sept 6, OhmyNews International published a story related to a sensational document known as the Lumpert affidavit. (See "Key Lockerbie Witness Admits Perjury.)

Ulrich Lumpert was a key witness (No 550) at the Camp Zeist trial, where a three-Judge panel convicted a Libyan citizen of murdering 270 persons who died in the bombing of Pan Am 103 over Lockerbie. "I confirm today on July 18, 2007, that I stole the third hand-manufactured MST-13 Timer PC-board consisting of 8 layers of fiberglass from MeBo Ltd. and gave it without permission on June 22, 1989, to a person officially investigating in the Lockerbie case," Lumpert wrote. On Sept 7, the agent who led the Lockerbie investigation for the FBI wrote to me and criticized the article on several grounds, but most importantly, he alleged that the Lumpert affidavit was a "total fabrication." Richard Marquise led the US task force that investigated the Lockerbie bombing. He has authored a book on the subject: Scotbom: Evidence and the Lockerbie Investigation. He wrote to me: Lumpert's new statement is a total fabrication. He was interviewed several times, including at a judicial hearing in Switzerland as well as the trial itself and he never wavered in his story. His statement that he gave a "stolen timer" to a Scottish officer in 1989 does not even fit the timeline since we had no idea about the origins of PT-35 at that time. We identified MeBo in the summer of 1990. With all due respect, I must state very unambiguously that I remain convinced that the document is authentic and that the story is not a hoax. Moreover, I have obtained a document that strongly suggests that the timeline of the events related to the identification of the MST-13 timer has been fabricated. Since the publication of the article, a well-informed source has told me that Lumpert has signed four affidavits. The documents were certified by notary Walter Wieland under Nr 2069 to 2072. I am now in possession of one of these four documents and I have received confirmation from the proper Swiss authority that Wieland indeed certified these documents on July 18 and that he is competent for doing so. Although I was initially very skeptical of the Lumpert affidavit, I came to the conclusion that I have no reason to doubt its authenticity or the truthfulness of its content. Indeed, both the timing of Lumpert's admission of perjury, his motivation for doing so as stated in the affidavit, as well as the content of the document led me to believe that the story is not a fabrication. Lumpert wrote that he wishes to clear his conscience and that he can no longer "be prosecuted for stealing, delivering and making false statements about the MST-13 Timer PC-board, on grounds of statutory limitation." Moreover, as I explained at length in the Sept 6 article, the Lumpert affidavit, in just seven paragraphs, elucidates all of the longstanding mysteries surrounding the infamous MST-13 timer, which allegedly triggered the bomb that exploded Pan Am 103 over Lockerbie on Dec 21, 1988. Conspiracy Theory? I wish to add that I am obviously not the only one who had reached such a conclusion. The possibility that evidence has been fabricated in order to secure the conviction of the Libyans has gained support among many people who could hardly be described as conspiracy theorists. Jim Swire, Robert Black and Hans Koechler are among the best-informed people about the extremely complex Zeist trial. Black QC FRSE (Queen's Council and Fellow of the Royal Society of Edinburgh) has been Professor of Scots Law in the University of Edinburgh since January 1981, having previously been in practice at the Scottish Bar. He is now professor emeritus. For various periods he served as head of the Department of Scots Law (later Private Law). He has been an advocate since 1972 and a QC since 1987. From 1987 to 1996 he was general editor of The Laws of Scotland: Stair Memorial Encyclopedia (25 volumes). From 1981 to 1994 he served as a temporary sheriff (judge). He has taken a close interest in the Lockerbie affair since 1993, not least because he was born and brought up in the town, and has published a substantial number of articles on the topic in the United Kingdom and overseas. He is often referred to as the architect of the Lockerbie trial at Camp Zeist in the Netherlands. Black's support for the story is obvious from the fact that he posted my article on his website. In a comment posted on OMNI, Black went out of his way to express his agreement with the 18-page analysis of the consequences of the Lumpert affidavit. "A masterly review of the weaknesses in the Lockerbie court's conviction of [Abdelbaset Al] Megrahi," Black wrote. In April 2000, professor Koechler was appointed by UN Secretary General Kofi Annan as international observer at the Lockerbie bombing trial that was held at Camp Zeist, Netherlands. Koechler has also posted the article on his Web site. He wrote this comment on OMNI: This is a well-researched analysis which precisely reveals the serious mistakes and omissions by the official Scottish investigators as well as the carelessness and lack of professionalism of the judges in the Lockerbie case. The Scottish judicial authorities are under the obligation to investigate possible criminal misconduct in the investigation and prosecution of the Lockerbie case. On July 4, 2007, Koechler wrote to Scottish First Minister Alex Salmond, reiterating his call for a "full and independent public inquiry of the Lockerbie case." Dr Swire, who lost his daughter in the Lockerbie bombing, is a founder and the spokesperson of the UK Families Flight 103, which campaigns to seek the truth about the worst act of terror ever committed in the UK In a letter addressed to my editor, he wrote that the article was "one of the best informed and most realistic" he had seen. I promised Richard Marquise that I would make an effort "to see things from the other side." And I will. But for now, we must agree to disagree. I leave him with a comment posted by Iain McKie -- someone who knows all about the consequences of forensic mistakes. Another Lockerbie mystery is why, given this latest opportunity [Megrahi's second appeal] to uncover the truth about this terrorist outrage that claimed the lives of people from 21 countries (including 189 Americans), and given the US and British high profile "war on terror," is the political silence so deafening? I find it increasingly difficult to argue with Dr De Braeckeleer's conclusion: "Shame on those who committed this horrific act of terror. Shame on those who have ordered the cover-up. Shame on those who provided false testimony, and those who suppressed and fabricated the evidence needed to frame Libya. And shame on the media for their accomplice silence." The McKies know best than most the cost of injustice. Shirley McKie was a successful policewoman until her life was shattered in February 1997 when four experts from the Scottish Criminal Records Office incorrectly identified a thumbprint from a crime scene as hers. Marquise has made other comments about the article that I will discuss at a later time. However, I wish to point out that Marquise is right to state that the quotes attributed to Michael Scharf, formerly of US State Department's Office of the Legal Adviser for Law Enforcement and Intelligence, although correct do not represent exactly his opinion, as they have been printed out of context by the British media. (Scharf helped draft the sanctions against Libya.) Scharf wrote to me, The text of the quotes is more or less accurate but is out of context, giving the misimpression that I thought that the two Lockerbie defendants were innocent and the US government knew this all along. In fact, I referred to them as "fall guys" because I felt the case should not have focused exclusively on them, but rather should have gone up the chain of command all the way to Khadaffi [Muammar al-Qaddafi], and should also have focused on the possible involvement of third countries. It is true, as your quote indicates, that I felt the evidentiary case presented at Camp Zeist was not as strong as the Department of Justice had led the Department of State to believe it would be at the time we were pushing for sanctions against Libya in the UN, but that is not to say that I thought the defendants were actually innocent of wrong doing, which is the impression left by the quotes. If there is one thing we can all agree on, it is the fact that no one except the judges is satisfied with the Lockerbie trial. Meanwhile, new extraordinary revelations have surfaced that support my view that the Lockerbie trial was engineered by Western intelligence services to frame Libya. 'Secret' Lockerbie Report Claim Crucial information in the possession of the CIA that is related to the timer issue was withheld from the defense. The Herald of Glasgow revealed on Oct 2 that "a top secret [CIA] document vital to unearthing the truth about the Lockerbie bombing was obtained by the Crown Office but never shown to the defense team." "The Scottish Criminal Cases Review Commission (SCCRC) has uncovered there is a document which was in the possession of the crown and was not disclosed to the defense, which concerns the supply of MST-13 timers. Moreover, the commission has determined the decision to keep the document from the defense may have constituted a miscarriage of justice," the paper reported a source as saying. The prosecutors have refused to make public the ultra secret document on the basis of national security. Many have been wondering what national security has to do with the Lockerbie bombing. "It is shocking to me that after 19 years of trying to get to the truth about who murdered my daughter national security is being used as an excuse," said Swire. After having seen the CIA document, the Scottish Criminal Cases Review Commission team that investigated the conviction of Abdelbaset Al Megrahi decided to grant him a second appeal. The document has not yet been seen by the defense. The document is thought to dispute the pivotal fact that the bomb was triggered by the MST-13 timer that linked the case to Libya. The non-disclosure agreement was signed by Norman McFadyen, then one of the leading members of the prosecution, on June 1, 2000. In an exclusive interview earlier this week, Koechler told Gordon Brewer of the BCC's "Newsnight Scotland," The withholding of evidence by the investigators and the prosecution from the defense at the Lockerbie court is a serious breach of the fundamental norms of a fair trial. If such action occurs on the basis of a written commitment given to a foreign intelligence service, as has now been revealed concerning crucial evidence related to the timer that allegedly triggered the explosion of Pan Am 103 over Lockerbie, the judicial nature of the entire proceedings is to be put into question. If a foreign intelligence service is allowed to determine what evidence may be disclosed in court and what not, judicial proceedings before a court of law are perverted into a kind of intelligence operation the purpose of which is not the search for the truth, but the obfuscation of reality. Black has said, If a foreign intelligence agency says they would be prepared to give the crown access only if they promise to keep the information secret, then it is the responsibility of the crown to say we cannot do that. They have an ethical responsibility not to sign such agreements. This tends to indicate that the crown has not changed its fundamental stance that says they will decide what the public interest is and what information should or should not be disclosed. That is fundamentally wrong. The source in the Herald's report agrees: "The commission was unable to obtain authority for its disclosure. Without access to this document, the defense is disabled from putting before the court full and comprehensive grounds of appeal as to why the conviction should be quashed." CIA Offered $2m to Lockerbie Witnesses It now appears that huge amounts of money were offered by US officials to at least three key witnesses. The defense was never told that the CIA had offered millions of dollars to their star witnesses. "We understand the commission found new documents which refer to discussions between the US intelligence agency and the Gaucis [Tony and his brother Paul] and that the sum involved was as much as $2m," a source close to the case told The Herald, according to an Oct 3 report. "Even if they did not receive the money, the fact these discussions took place should have been divulged to the defense." Tony Gauci was an instrumental witness in the case. On Oct 5, Edwin Bollier, head of the Zurich-based company MeBo, told Koechler that during a visit to the headquarters of the FBI in Washington, DC, at the beginning of 1991, he was offered an amount of up to $4 million plus a new identity in the US if he would testify in court that the timer fragment that was allegedly found on the crash site around Lockerbie stemmed from a MST-13 timer that his company had delivered to Libya. Media Silence Will the media finally cover this extraordinary affair? Perhaps. In France, Le Figaro has published a couple of stories, one of which was entitled: "And if Libya Was Innocent …" Television channel France 3 reported the story of the Lumpert affidavit. In the UK, The Herald has picked up the latest developments in the story. The BBC has published a few lines about it. The London journal Private Eye is rumored to be running the story in its next edition. US media remain amazingly silent. Quo Vadis? "In view of all these revelations and serious allegations, Koechler renewed his call for an independent international investigation of the handling of the Lockerbie case by the Scottish and British authorities," wrote Gordon Brewer of the BCC's "Newsnight Scotland." "It remains to be seen whether the Scottish judicial and political system will live up to the challenge and whether the authorities will allow a full and objective inquiry," Brewer said. I have very little hope that the Scottish judicial and political system will allow an independent international investigation. For now, I encourage my readers to reflect upon a Persian saying. "Shame on those who committed the deed. Shame on those who allowed the deed to be committed."