Conviction of Megrahi "very shaky indeed"

[The media today contain many reports on the various events that took place yesterday to mark the 25th anniversary of the Lockerbie disaster.  The following is a selection:]

From The Independent:

'Megrahi was my friend. He did not kill my daughter': Lockerbie father says the British government is not telling the truth about the bombing

The father of one of the 270 victims of the Lockerbie bombing has asked mourners to pray for the "innocent family" of the only person convicted of the worst mass murder in British history, as the nation marked its 25th anniversary.

In his address to a memorial service at Westminster Abbey yesterday evening attended by relatives of the victims, Dr Jim Swire also accused the British government of failing to tell "all the truth they know about this terrible tragedy".

Before the service, the UK, US and Libyan governments in a joint statement promised to work together to "reveal the full facts of the case", saying that they wanted "all those responsible for this most brutal act of terrorism brought to justice, and to understand why it was committed".

Dr Swire said the Libyan intelligence agent Abdelbaset al-Megrahi – jailed for life for mass murder but released after eight years in prison on compassionate grounds, as he had terminal cancer – had "died my friend". He also repeated his claim that a convicted terrorist, an Egyptian now living in Sweden, was involved in the bombing.

Dr Swire said he had recently tried to confront that man. "All day long the curtains were drawn shut and the blinds down. Inside was a man who has spent his whole life as a terrorist. I believe he played a key role in the Lockerbie atrocity," he said. "Too afraid to answer the bell himself, he sent his wife to an upstairs window to threaten [me]."

Although he did not name the man, it is understood he was referring to Mohammed Abu Talb, jailed for life for carrying out terrorist bombings in 1985 in Copenhagen and Amsterdam, but since released.

Dr Swire, whose 23-year-old daughter Flora was a passenger on the plane, has previously described Talb as "a life-long, proven terrorist". By contrast, Dr Swire said he once received a Christmas card from Megrahi: "In it, he had written, 'Dr Swire and family, please pray for me and my family.' He died my friend.

"Over Christmas, if you pray, please pray for his innocent family, but also for all those who wrestle with hatred, that they may be healed by God's love. Please pray also that we who will sit down at a Christmas table with chairs forever empty may find peace."

Dr Swire also denounced successive British governments. "I claim habeas corpus as I say in this ancient Abbey that I do not believe that our governments have told us all the truth they know about this terrible tragedy," he said.

Speaking yesterday to The Independent on Sunday, Dr Swire reiterated his call for a public inquiry. "If we are not granted an inquiry – and for goodness' sake we've been trying for 25 years to force an inquiry out of them with no results at all – we'll have to go to the European courts and take our own government to court for not meeting their obligations under human rights legislation," he said.

Megrahi's release in 2009 came after the Scottish Criminal Cases Review Commission gave him leave to appeal for a second time, citing six reasons why there were serious concerns about his conviction.

Doubts about his guilt were fuelled on Friday, when it was revealed that Dr Richard Fuisz, a businessman and CIA asset, gave a sworn statement implicating Palestinian militants.

Under oath in 2001, Dr Fuisz told the original defence team that senior Syrian officials had told him that the Popular Front for the Liberation of Palestine-General Command, which was based in Syria, had carried out the bombing. This evidence has never been used in a court.

John Ashton, author of Megrahi: You are my Jury, discovered the deposition by Dr Fuisz buried in the defence team's files. He said it was "hugely significant" and further undermined the case against Megrahi. "It's absolutely scandalous there's never been a public inquiry," he said.

Megrahi's brother, Abdel-Hakim Al-Megrahi, told the BBC that the family planned a posthumous appeal, and hoped the Libyan government would help fund it. "We wish for the truth to be revealed, and this is not just for our own benefit but also for the benefit of the families of the victims and for public opinion," he said. "We need to know who committed this horrible crime."

Professor Hans Koechler, the UN observer at the trial that convicted Megrahi, also called for an inquiry, but feared that "power politics [had] made it impossible for the families to find out what really happened". 

From The Sunday Herald:

Dr Jim Swire, the public face of the British families of the Lockerbie victims, has described Abdelbaset al-Megrahi, the only man convicted of the attack, as his friend and urged people to pray for the Libyan's family at Christmas.

Speaking at a memorial service in Westminster Abbey yesterday on the 25th anniversary of the atrocity, Swire, who also announced his intention to stand down as the UK's leading Lockerbie campaigner, described the bombing that killed 270 people, including his 23-year-old daughter Flora, as a "revenge attack".

His comments came as the British, American and Libyan governments pledged to work together to uncover "the full facts" of the bombing.

Megrahi was convicted in January 2001 and was given a life sentence. He was diagnosed with prostate cancer in 2008, leading to a decision to free him under compassionate release rules. He died in Tripoli, Libya in May last year.

Swire said: "Nelson Mandela made forgiveness look easy. But even a truth and reconciliation commission cannot work unless first the truth is known.

"When I first met the late al-Megrahi face to face in Greenock prison, though he was a practising Muslim, he had bought me a Christmas card in the prison shop. In it he had written, 'Dr Swire and family, please pray for me and my family'.

"He died, my friend. Over Christmas, if you pray, please pray for his innocent family but also for all those who wrestle with hatred, that they may be healed by God's love. Please pray also that we who will sit down at a Christmas table with chairs forever empty may find peace."

Swire added: "In our family, Flora was our beautiful, vivacious first-born of three wonderful children. We are the lucky ones, in the UK and USA. Not only do we live in two of the most free and safe countries in the world but we relatives also had the joy of living with those we loved until their untimely deaths." (...)

Megrahi's family have said they plan to appeal against his conviction. Megrahi died last year protesting his innocence. Now his family hope the Libyan government can help fund the appeal process. His brother Abdel-Hakim al-Megrahi, said: "We want to appeal and we wish for the truth to be revealed. This is not just for our own benefit but also for the benefit of the families of the victims and for public opinion.

"We need to know who committed this horrible crime. But, as you know, we as a family cannot afford to pay for the appeals process.

"God willing, the Libyan government will do this, but it has to be launched by the family first."

Earlier this week, some of the British relatives of Lockerbie victims said they were considering making another appeal against Megrahi's conviction.

Swire, now 77, also told the Sunday Herald about his plans to step back from leading the British families' campaign for justice.

The retired GP said: "I never thought for a moment that we would be in this position 25 years later. We still don't have the truth. And, unfortunately, I can't campaign to get my daughter back. I've always tried to do what Flora would be proud of, she was a seeker after truth herself.

"But I have got to the point where I really have to cut back on it. It's time to relax and leave it to a younger person. The time has come for someone else to take over."

Swire added: "The 25th anniversary is no more poignant than any other, this is a loss we have to live with every day. Flora will never come back. But what makes this loss even harder is that - 25 years on - we still don't have answers."

He admits that the campaign has been a way of coping with the grief for his daughter.

Swire believes that the case against Megrahi was flawed, and has even referred to Megrahi as the "271st victim": "For 25 years, our calls for an inquiry into why Lockerbie was not prevented have been ignored and blocked at every stage. I believe that, eventually, yes, the Megrahi verdict will be overturned."  

From the BBC News website:

Former hostage Terry Waite has said he believes the conviction of Lockerbie bomber Abdelbaset al-Megrahi was "very shaky indeed" and has called for a further investigation into the atrocity.

Mr Waite spent nearly five years in captivity after being kidnapped by a cell linked to the Iranian-backed militant group Hezbollah.

It has been claimed that Libya was wrongly blamed for the Lockerbie bombing, as part of a secret deal to ensure his release from captivity.

Speaking after a memorial service to mark 25 years since the bombing, he told the BBC: "I'm not sure we've got to the truth yet." 

From the Truth Frequency Radio website:
Today is the 25th anniversary of the Lockerbie bombing on Dec 21, 1988 – and a surprising mellow day of personal vindication for your host, Susan Lindauer! Today the Telegraph in London published the first mainstream press admission that the CIA has always known the PFLP headed by Ahmed Jibril was responsible for the bombing of Pan Am 103. I recounted the 25 year fight to expose the truth, including the sacrifices of Lester Coleman, author of the incredible book, Trail of the Octopus. After battling for years, today we triumphed.

Will NATO resurrect Operation Gladio to frame Gaddafi?

[This is the headline over an article published today on the Prison Planet website. It reads in part:]

Libyan leader’s threat to attack Europe could provide NATO with the perfect pretext to launch a full ground invasion

Given the fact that NATO itself was one of the pioneers of false flag terror to frame political enemies under Operation Gladio, a CIA-supported terror campaign that was responsible for a series of bloody attacks in Europe throughout the cold war years, we shouldn’t be surprised if NATO ressurects the legacy of Gladio in its desperation to justify a final decapitation strike to topple Colonel Muammar Gaddafi.

Gaddafi’s threat to attack Europe in retaliation for the NATO bombing campaign in Libya prompted the establishment media to react with contrived outrage, eliciting sharp intakes of breath at the mere thought that Gaddafi, whose country has been under constant bombardment for over three months, would dare to even speak about fighting back. (...)

Gaddafi himself is no stranger to being the focus of international condemnation for bloody terror attacks blamed on his government.

Although Libyan government agents working at the behest of Gaddafi were accused of carrying out the bombing of Pan Am Flight 103 in 1988 over Scotland, evidence that emerged both before and after the 2001 trial and conviction of alleged former intelligence office Abdelbaset al-Megrahi strongly indicates that the attack was a false flag event.

“Former Labor MP Tam Dalyell and Edinburgh law professor Robert Black urged the Scottish and UK governments to answer reports there is evidence Abu Nidal, aka Hasan Sabri al-Banna, was a US agent,” The Scotsman reported on October 27, 2008. “They have long believed Abu Nidal, who died in Iraq in 2002, and his Popular Front for the Liberation of Palestine General Command were responsible for co-ordinating the bomb that blew up Pan Am flight 103 over Lockerbie on 21 December, 1988 with the loss of 270 lives.”

“Intelligence reports, said to have been drawn up for Saddam Hussein’s security services, said Kuwaitis had asked Abu Nidal, whose real name was Sabri al-Banna, to find out if al-Qaeda was present in Iraq,” David Maddox wrote for the newspaper. The reports referred to Abu Nidal’s “collusion with both the American and Kuwaiti intelligence apparatuses in co-ordination with Egyptian intelligence.” [RB: A comment on this story that I wrote at the time can be read here.]

MP Dalyell said the reports added weight to the theory that Lockerbie was a “tit-for-tat” attack for the shooting down of an Iranian passenger airliner by the warship USS Vincennes in 1988, and was allowed by the US administration. (...)

In May of 2000, a gag order added weight to the theory that Libya was not behind the Lockerbie bombing. Dr Richard Fuisz, a CIA agent and a potential key trial witness, was gagged by the US government under state secrecy laws and faced 10 years in prison if he revealed any information about the terrorist attack, the Sunday Herald reported. Fuisz, a multi-millionaire businessman and pharmaceutical researcher, was, according to US intelligence sources, the CIA’s key operative in the Syrian capital Damascus during the 1980s where he also had business interests.

“One month before a court order was served on him by the US government gagging him from speaking on the grounds of national security, he spoke to US congressional aide Susan Lindauer, telling her he knew the identities of the Lockerbie bombers and claiming they were not Libyan,” Neil Mackay wrote. “Fuisz’s statements to Lindauer support the claims of the two Libyan accused who are to incriminate a number of terrorist organizations, including the Popular Front for the Liberation of Palestine-General Command, which had strong links to Syria and Iran,” in short Abu Nidal.

Nidal was either killed by the Iraqi secret police for his role as an American double agent or he committed suicide after the Iraqis learned of his betrayal, according to The Independent. (...)

At the foundation of the Lockerbie fiction is the claim that Gaddafi had Pan Am flight 103 blown of the sky as revenge for Reagan’s 1986 bombing of Triopli, allegedly in response to the bombing of a night club in West Berlin that killed one US soldier. Reagan’s illegal attack on October 18, 1985, was at the time the largest air assault since the Vietnam War. 120 aircraft rained destruction on points around the cities of Tripoli and Benghazi. At least 100 civilians were killed, including Gaddafi’s 15-month-old adopted daughter, Hana.

Former Mossad agent Victor Ostrovsky revealed the truth behind the bombing in his 2002 book, By Way of Deception: The Making of a Mossad Officer — it was orchestrated by Israel.

A special communications device, Ostrovsky claims, was planted by naval commandos deep inside Libya by the Mossad. “The device would act as a relay station for misleading transmissions made by the disinformation unit in the Mossad, called LAP, and intended to be received by American and British listening stations,” write Ostrovsky and Claire Hoy. “The listeners would have no doubt they had intercepted a genuine communication” and “the content of the messages, once deciphered, would confirm information from other intelligence sources, namely the Mossad.”

“After the bombing of Libya, our friend Qadhafi is sure to stay out of the picture for some time. Iraq and Saddam Hussein are the next target. We’re starting now to build him up as the big villain. It will take some time, but in the end, there’s no doubt it’ll work,” a Mossad agent told the author. (...)

Gaddafi steadfastly refused to accept responsibility for the Lockerbie bombing for over a decade and made it a condition of Libya’s $2.7 billion payout to the families affected in 2002 that it was “the price of peace” and not an admission of guilt.

The story of how Libyan patsies were framed for the Lockerbie attack should give Gaddafi pause for thought and remind him to be a little more sophisticated in his rhetoric. Should there be a staged event in Europe that gets blamed on Libya, NATO powers will confidently point to Gaddafi’s own public statement as evidence for his culpability.

A message from Susan Lindauer

[The following message was posted yesterday on Facebook by Susan Lindauer.]

The current situation creates an unexpected opportunity for the Pan Am 103 families to demand that the Scottish courts review the sealed deposition of Dr Richard Fuisz, in the closing days of the Lockerbie trial. The deposition was given in the US Federal Court of Alexandria, Virginia in January, 2001, and sworn before Judge White. Curiously, the deposition was sealed in the US and could only be read overseas, putting it out of reach to the US families concerned with Lockerbie. However, within the sealed portion of the deposition is a Double Seal. Attorneys for Butera & Andrews in Washington were prohibited from advising Edward MacKechnie [RB: solicitor for Fhimah during the Zeist trial and later solicitor for Megrahi] about its contents. However, as Dr Fuisz's former asset of many years, I have privileged access to know what that contains: a list of 11 names of the individuals involved in the attack, and the map laying out their conspiracy.

By gathering together now, while attention's hot on this Libyan defector, [Moussa] Koussa, we can force the issue, and compel the Scottish courts to examine the double seal.

[More on Susan Lindauer can be read here and by inserting her name in this blog's search facility.]

Case against Susan Lindauer dropped

On 17 October 2007, I posted on this blog an article by Michael Collins about Susan Lindauer and her connection to the Lockerbie case. That post can be read here. In a new article in Scoop Independent News, Collins reports that the US federal Government on 15 January 2009 dropped the charges (of acting as an unregistered agent for Iraq) against Ms Lindauer. One paragraph reads:

'Lindauer offered an affidavit concerning the Lockerbie bombing in 1998. Her statement was based on her discussions with Dr Richard Fuisz, whom she named as her CIA handler. Dr Fuisz was said to be "a major operative in the Middle East in the 1980s." Since then the Scottish Criminal Cases [Review] Commission has since uncovered irregularities in the evidence against the two Libyans convicted of the bombing of Pan Am flight 103 over Lockerbie, Scotland.'

Lockerbie, Megrahi, Ashton and Linklater

[The following item has been published today on John Ashton’s Megrahi: You are my Jury website:]

Below is an unpublished letter, which I wrote to The Times in response to Magnus Linklater’s article of 21 December (to which I responded at greater length in an open letter). It provoked a response from Mr Linklater, which I have included below. I shall be responding to it in due course. As yet, he has not responded to either of my open letters, the first of which can be read here.

Dear Sir,

Not for the first time, Magnus Linklater (Times Scottish edition 21 December) seriously misrepresents the position of the majority of those who believe that Abdelbaset al-Megrahi – the so-called Lockerbie bomber – was the victim of a miscarriage of justice. Once again he resurrects the claim that we are conspiracy theorists and ignores the fact that our chief concerns – that the trial court judgment was unreasonable and that numerous items of exculpatory evidence were withheld from the defence lawyers – were shared by the Scottish Criminal Cases Review Commission, which referred the case back to the appeal court on no fewer than six grounds. Mr Linklater praises the SCCRC’s lengthy report, yet ignores the fact its conclusions were a damning indictment of the Scottish criminal justice system.

He also attaches the conspiracy theorist label to those who suggest that Iran, rather than Libya, was to behind the bombing, while turning a blind eye to the fact that the role of Iran and its terrorist proxies, the Popular Front for the Liberation of Palestine – General Command, is confirmed by numerous declassified US intelligence documents and is spoken to by two former CIA agents Mr Robert Baer and Dr Richard Fuisz.

Most outrageously, he suggests that Mr Megrahi’s supporters have accused his original defence team of knowingly overlooking or suppressing evidence that might have helped his defence. As Mr Linklater, should know, that is not the view of the Justice for Megrahi group, nor is it mine.

Journalists who conflate fringe views with those of the mainstream and ignore facts that sit uncomfortably with their own opinions should be sent back to journalism college, not let loose on the pages of a respected newspaper.

Yours sincerely,

John Ashton

Dear John Ashton

I don’t know if The Times will publish your letter — that is up to them.

But if you find the phrase “conspiracy theorists” insulting, then I find your suggestion that I should go back to “journalism college” offensive. I’ve been in the husiness for more than 40 years, and have learned over that time a simple principle of reporting: that good investigation requires sound proof.

I use the word conspiracy advisedly. It describes the whole gamut of the pro-Megrahi school, which runs from CIA plots to drug-smuggling, tampered evidence, conniving lawyers, and complacent judges. Your own (first) book sets so many hares running it is quite impossible to track them down. And others have done the same. Only last week the Daily Mail had Dr Swire confronting Abu Talb, whom even you know was not responsible, as the principal suspect; and on  Saturday your fellow-theorist Morag Kerr alleged in a  radio discussion with me that the Crown had deliberately subverted evidence to support their case. If that is not a conspiracy I don’t know what is. 

I am amazed that you should be touting shadowy CIA agents like Fuisz and Baer, whose evidence would never stand up in court. The way that Baer was exposed in the SCCRC report should make you think twice about using his name again. 

Yes, it is true that the SCCRC found grounds for referring the case back to appeal. They mainly centred on Gauci’s evidence. That is certainly worth examining again, and might or might not undermine the prosecution case. But it is grounds for appeal, no more, and it  demonstrates  what an objective and  well-balanced inquiry the SCCRC  was. Far from being “a damning indictment” of the Scottish justice system,” it shows the system working. Of course, Megrahi himself had the opportunity of using the appeal process  to his advantage. But he chose not to. 

I much prefer the meticulous way in which the SCCRC disposed of the various conspiracy theories involving Iran and the PFLP-GC by going back to first principles and invetigating them properly, rather than the wild, headline-grabbing claims that you and your coleagues deploy [sic].

Regards

Magnus Linklater

Charges against Susan Lindauer dropped

[What follows is excerpted from an article by Michael Collins published on the Scoop website:]

(Jan 16, Wash DC) The Department of Justice entered a motion to drop all charges against Susan Lindauer yesterday morning, Jan 15, 2009. The filing (...) at the federal district court in lower Manhattan ends the government's attempt to prosecute her for allegedly acting as an "unregistered agent" for Iraq. Since her arrest in early 2004, she has repeatedly asked for a trial to present evidence that she had been a United States intelligence asset since the early 1990s.

By filing this order, the government surrendered forever its ability to prosecute Lindauer as an "Iraqi foreign agent" and for lesser charges contained in the indictment, including a one week trip to Baghdad in March, 2002.

Lindauer made the following statement today, Jan 16, 2009: "I am disgusted by this case. They think that they have defeated me by denying my day in court. It could not be more wrong. If we can't have a criminal trial, we're going to have a civil trial for damages."

Lindauer was arrested in March, 2004 shortly after offering to testify before a Bush appointed blue ribbon commission evaluating US pre-war intelligence on Iraq. In late February, she informed the offices of two commission members, Sen McCain (R-AZ) and Trent Lott (R-MS), that she could testify that US pre-war intelligence was proactive and effective, not a popular view at that time.

Lindauer has adamantly maintained her innocence of all charges since her arrest. In addition to the "unregistered agent" charge, the government alleged that she had taken an unauthorized trip to Baghdad, and attended meetings with Iraqi intelligence agents at the Iraqi Embassy at the United Nations. Lindauer planned an aggressive defense with evidence that showed both government knowledge and authorization of her activities plus a history of activity on behalf of US intelligence.

Lindauer offered an affidavit concerning the Lockerbie bombing in 1998. Her statement was based on her discussions with Dr Richard Fuisz, whom she named as her CIA handler. Dr Fuisz was said to be "a major operative in the Middle East in the 1980s." Since then the Scottish Criminal Cases [Review] Commission has since uncovered irregularities in the evidence against the two Libyans convicted of the bombing of Pan Am flight 103 over Lockerbie, Scotland.

[RB: The Susan Lindauer saga can be followed here.]

"The coverage of the film is more notable for what it omits than what it reveals"

[What follows is the text of an article by John Ashton headlined The Lockerbie Case published in today’s edition of the Scottish Review:]

Lockerbie is back in the news. On 15 October the Crown Office announced that the lord advocate and the US attorney general have agreed that two Libyan men should be treated as suspects. They have been named as Abu Agila Masud, an alleged bomb-maker whose identity was until now a mystery, and Abdullah Senussi, Colonel Gaddafi’s former security chief. Both men are currently in prison in Libya.

The announcement was prompted by the recent broadcast by the American PBS channel’s 'Frontline' series of a three-part documentary, My Brother’s Bomber, made by Ken Dornstein, who lost his brother David in the attack. Trailed by a long feature in The New Yorker, it suggests that the Libyan man convicted of the bombing, Abdelbaset al-Megrahi, was guilty and that he acted with Masud.

The film has provided the much-derided Crown case against Megrahi with the only significant boost it has had since he was convicted almost 15 years ago. That case, accepted by the three Scottish law lords who tried him, went as follows. Two weeks before the bombing, on 7 December 1988, he bought a selection of clothes from a shop in Malta called Mary’s House. On 21 December 1988, while travelling on a false passport he placed an unaccompanied brown Samsonite suitcase on board Air Malta flight KM180 from Malta to Frankfurt.

The suitcase contained the clothes and a bomb, and was labelled for New York on PA103. At Frankfurt it transferred to Pan Am feeder flight PA103A to London Heathrow, and at Heathrow to PA103. The bomb was allegedly built in to a Toshiba BomBeat brand RT-SF16 radio cassette player. A large percentage of the global total of this model had been imported by the Libyan General Electrical Company, which was run by Megrahi’s friend and relative Said Rashid, who was a senior figure in Libyan intelligence service, the JSO. More importantly, it was said to have been detonated by a timing device known as an MST-13, which had been designed and built to order for the JSO by a small Swiss company called Mebo, whose Zurich offices were shared by a Libyan company called ABH, in which Megrahi was a partner.

Before I go further, I should declare an interest. I worked for three years as a researcher for Megrahi, helping his lawyers prepare for his appeal against conviction, and following his return to Libya, at his request, I wrote his biography Megrahi: You are my Jury. I was also a paid consultant during the early stages of the film’s production in which capacity I was interviewed on camera (although the interview doesn’t appear in the film) and provided Ken with numerous documents. Although he and I hold very different views about the case, I like and respect him.

He has a profound need for clear answers about who killed his brother. He always believed that Megrahi was guilty and that he had acted on behalf of the Libyan state. He used the opportunity opened by the Libyan revolution to pursue the other alleged state players.

He accepts that the evidence suggesting Megrahi was the clothes purchaser was flawed. Not only was he very much younger, smaller and lighter-skinned than the man described by the shopkeeper, Tony Gauci, but the evidence also suggested that the purchase date was not, as the crown alleged, 7 December 1988, but two weeks earlier, when Megrahi was not in Malta. Ken considers that these weaknesses in the Crown case are relatively insignificant when set again the other evidence that he has unearthed, the most important of which concerns Abu Agila Masud.

We have always known that on the morning of the bombing Masud was on the same flight as Megrahi from Malta to Tripoli and that they had been on other flights together in the previous weeks. Megrahi denied knowing him, as did the Libyans interviewed by Lockerbie investigators prior to Megrahi’s trial. The film reveals that, according to a German court judgment, Masud was the technical mastermind behind the 1986 bombing of La Belle nightclub in Berlin. That attack prompted US air strikes on Libya, which in turn, according to the official Lockerbie narrative, prompted Libya to bomb Pan Am 103. Furthermore, the film suggests, Masud was in the car that greeted Megrahi at the airport on his return to Libya in 2009. Then, earlier this year, a Libyan court convicted him of making booby-trapped car bombs during the 2011 revolution.

The film also focuses on another alleged plotter, Said Rashid, who greeted Megrahi on the steps of the aircraft on his arrival home. Ken got access to Rashid’s abandoned house, where he found diaries in which he had described Malta as a launch pad for terrorism against the west. Malta, of course, was where the Libyans allegedly launched the Lockerbie bomb.

Megrahi was always open about his close relationship with Rashid and other notorious senior security figures, including the newly named suspect Abdallah Senussi, who, like Rashid, was a relation. Megrahi: You are my Jury made clear that both Rashid and Senussi were allegedly involved in terrorism – in Rashid’s case the La Belle bombing.

The evidence that Ken has assembled is substantial and I do not dismiss it out of hand, but, for reasons set out below, I believe the conclusions he has built upon it are unsustainable.

His film has prompted an avalanche of media coverage, almost all of it uncritical. The Crown Office’s chief media cheerleader, Times columnist Magnus Linklater, has even declared that '[it] is time to extinguish the last embers of controversy that have heated the Lockerbie case for so long'. 

Anything that places Lockerbie back in the spotlight is to be welcomed. Unfortunately, however, the coverage of the film is more notable for what it omits than what it reveals.

The first significant omission is a consideration of the evidence from Libya and of Megrahi’s behaviour. At the start of the Libyan revolution four years ago, the former justice minister Mustafa Abdel Jalil claimed to have proof that Colonel Gaddafi ordered the bombing. Since then nothing has emerged publicly from the country’s security archives to implicate the Gaddafi regime and Megrahi in the bombing. Jalil later claimed he had been misquoted and the best he could offer by the way of evidence was the fact that the regime had paid Megrahi’s legal bills. Said Rashid’s papers implicated Rashid in terrorism, but there was nothing new and substantial to demonstrate that he had a role in Lockerbie.

The only genuine document to emerge from the ruins of the old regime that speaks directly to the suspects’ private views on the case is a letter by Megrahi to Senussi, reported on by The Wall Street Journal, in which he protested his innocence. (The WSJ speculated that he might have expected the prison staff to check his mail, but that didn’t happen, as he was free to hand over correspondence to the Libyan consulate staff who frequently visited him.)

Megrahi continued to plead his innocence following his return to Libya in 2009. By then there was nothing for him to lose in admitting his guilt, yet he wouldn’t and he spent much of his remaining time cooperating with me in writing his biography – hardly the actions of a guilty man. The Gaddafi regime also had nothing to lose. In 2004 it made a formal admission of responsibility and paid compensation for the bombing, but only because it was obliged to do so in order to free itself of crippling UN sanctions, which had been imposed under US and UK sponsored Security Council resolutions passed in the early 90s. It never made an unambiguous admission of guilt.

Megrahi didn't act like a terrorist when he was in Malta. Although he travelled on a coded passport under a false name, he went to visit his co-accused Lamin Fhimah’s Maltese business partner, whom he had never met before, and introduced himself under his real name. He then stayed the night at the Holiday Inn, rather than at one of the island’s Libyan-owned hotels, despite having stayed there for two nights only a fortnight earlier under his own name. He kept the passport for 11 years until he went to The Netherlands to stand trial and handed it over to the prosecution; again, not what one would expect of a terrorist.

Megrahi told a number of lies, not least, it seems, about his relationship with Masud, but lies do not prove guilt. Truth telling is a luxury of liberal democracies. In countries like Gaddafi’s Libya it can be fatal.

A second omission is the strong evidence that points away from Megrahi and Libya. Unlike the Libyans, the original suspects in the bombing, the Syrian-based Popular Front for the Liberation of Palestine-General Command (PFLP-GC), had a track record of bombing aircraft. Moreover, they made bombs into Toshiba BomBeat radio cassette players, the same brand – although a different model – that was used to destroy Pan Am 103. According to their bomb-maker Marwan Khreesat, who was arrested in Germany with other members of the group two months before Lockerbie in an operation code-named Autumn Leaves, his fellow arrestee Hafez Dalkamoni had come to Germany to coordinate an attack on a western airline and had shown a particular interest in Pan Am. 

The German cell also had a link to Malta through the Swedish-based terrorist Mohamed Abu Talb, some of whose associates had visited Dalkamoni and Khreesat’s German apartment two weeks before the Autumn Leaves raids, and who himself visited Malta around the same time. 

There have been suggestions that the PFLP-GC and the Libyans somehow joined forces and that the Libyans were responsible for the plot’s final execution. This would make sense if the Autumn Leaves arrests had halted the PFLP-GC’s operation. However, other evidence suggests that it continued. Khreesat told the German police that other members of the group had evaded arrest, including one called Abu Elias, who, Khreesat gleaned, was to have an important role in the planned attack. Another PFLP-GC member called Mobdi Goben, who led the group's Yugoslavian cell and was visited by members of the German cell shortly before their arrest, later claimed that the bombing had been coordinated by Abu Elias. 

Further evidence that the PFLP-GC’s plot remained active after the Autumn Leaves raids came in a warning circulated by the US State Department's bureau of diplomatic security three weeks before Lockerbie (and a few days before the better known and allegedly hoax Helsinki warning). It stated that a group of radical Palestinians in Europe was planning to target Pan Am, adding 'Timeframe is present'. 

A number of declassified US intelligence documents have stated as fact that the bombing was commissioned from the PFLP-GC by Iran in revenge for the accidental shoot-down of Iran Air flight 655 by US battlecruiser the USS Vincennes six months earlier. Former CIA agent Robert Baer revealed specific details of the Iranian/PFLP-GC attack, which he said came from a number of reliable sources. Another, Richard Fuisz, revealed in a court deposition that he was told by numerous senior Syrian officials who were close to PFLP-GC leader Ahmed Jibril that the group was behind the bombing. 

None of this rules out Libyan involvement in the attack: Libya backed the PFLP-GC and may well have provided logistical and material support to the bombers. This scenario was one that neither the Lockerbie prosecutors nor the Libyans themselves would wish explored. 

A third omission is the evidence suggesting that the La Belle bombing was not a straightforward act of Libyan terrorism. Three of the four people convicted of the bombing worked at the Libyan People’s Bureau in East Berlin: Palestinian Yassar Chraidi, Lebanese-born German Ali Chanaa and Libyan Musbah Eter. Eter confessed to his role in the bombing in 1996 and became the key prosecution witness (Chanaa also confessed but his evidence was not relied upon by the prosecution). Also central to the case were files from the former East Germany security service, the Stasi, which documented information provided by its network of informers within Berlin’s Arab community.

The files appeared to corroborate Eter’s claim that Masud was a bomb technician and indicated that he was in Berlin around the time of the bombing. The Libyan witnesses in the Lockerbie case all denied knowledge of Masud. Also important to the case were intercepts of incriminatory messages supposedly sent between the Libyan government and the East Berlin People’s Bureau. Said Rashid was identified as the main voice behind the instructions from Tripoli. Ostensibly, all this was convincing evidence of Masud’s and Libya’s guilt. But other evidence suggests the bombing had some very murky undercurrents.

The Stasi files suggested that the staff of the East Berlin Libyan People’s Bureau were far from being a close band of Gaddafi loyalists. Most startlingly, they showed that Musbah Eter had a long-standing relationship with the CIA. A 1998 investigation by the German TV channel ZDF alleged that, at the time of his confession in 1996, he was running a CIA front company in Malta.

Some of the Stasi’s Arab informants also had a relationship with the CIA. So too did a number of non-Libyans, whom the Stasi files implicated in the wider La Belle plot, but who escaped justice. One key informant, Mahmoud Abu Jaber, and his brother Mohamed, both of whom were both close to Chraidi, ran a freelance Palestinian terrorist cell that was mistrusted by other Palestinians. The Stasi learned that the CIA knew that Mahmoud and another cell member, Khaled Shatta, were involved in the bombing. In the months prior to the attack the cell lived in East Berlin and met the defendants almost daily. Hours before the attack they travelled to West Berlin. Their movements were monitored by both the Stasi and the Soviet intelligence service, the KGB, who concluded that they were working for Western intelligence. A declassified KGB document indicated that Jaber was suspected of being an agent provocateur, who was being used by the CIA to concoct a case against Libya. The KGB reported that, two days before the bombing, he told his CIA contacts that it would cost $30,000, rather than the previously quoted amount, $80,000. Another member of the group admitted to ZDF that he was a Mossad asset.

All this is important in the light of the widely reported and well documented fact that throughout the Reagan presidency the CIA ran a massive covert campaign against Libya. In the run up to the La Belle attack, the US navy conducted aggressive exercises off the coast of Libya, which were clearly designed to provoke a Libyan military response, although none came. The bombing gave the White House hawks the excuse they craved to strike. 

When the US released the incriminatory intercepts to the German authorities a decade after the attack they appeared to be genuine. However, according to former Mossad agent Victor Ostrovsky the Americans were duped by a Mossad, who broadcast phony messages from Tripoli. Neither the La Belle prosecutor Detlev Mehlis nor the FBI bothered to interview Ostrovsky about his claims. 

To be clear, I do not claim that Libya, Said Rashid and Abouagela Masud were not involved in La Belle – I would not be surprised if they were – I merely caution against taking a black and white view of the case.

The fourth major omission in the recent media coverage is the evidence that demonstrates that the Lockerbie bomb did not originate in Malta. To remind you, Megrahi's conviction rested on the belief that he had managed to smuggle a bomb contained in an unaccompanied suitcase on board Air Malta flight KM180 from Malta to Frankfurt and that this case had been transferred to Pan Am feeder flight PA103A to Heathrow, where it was transferred to PA103. The claim relied upon two documents from Frankfurt airport, which, according to the Crown, demonstrated that an unaccounted-for suitcase had been transferred from KM180 to PA103A.

However, that claim in turn relied upon a number of shaky inferences about the documents and the surrounding events at Frankfurt (which are documented in Megrahi: You are my Jury and, more exhaustively, in Dr Morag Kerr's book, Adequately Explained by Stupidity?).

Megrahi's conviction depended upon two still more unlikely assumptions. The first was that he had struck very lucky. Forensic evidence suggested that the bomb's position within luggage container AVE4041 was such that it was as close as it could be to the skin of the aircraft and that had it been any further away it would not have penetrated the skin and caused the plane to disintegrate. 

The second was that he had managed to circumvent Air Malta's baggage loading procedures. Unlike Pan Am's these were unusually strict; they required the head loader to physically count all the bags to make sure the total tallied with the number checked in. To ensure that he had done so, he was not told this number, but instead had to report the total to the flight's ramp dispatcher, who would check it against the checked-in total. KM180's records showed that the numbers had matched. The police investigation established that all these bags had made it onto the flight and been collected by their owners, which ruled out the possibility that Megrahi or an accomplice had managed to swap the bomb suitcase for a check-in bag prior to the head loader's count.

The only witness from any of the three airports investigated by the police who could recall seeing a brown Samsonite case of the type that contained the bomb was a Pan Am loader at Heathrow called John Bedford. On the day of the bombing he was based in the so-called interline shed, which processed bags transferred from other flights, but not those from PA103A from Frankfurt, which allegedly carried the suitcase from Malta.

When interviewed by the police he remembered clearly that it was lying flat in the luggage container AVE4041 in the approximate position that the explosion later took place. He said he noticed it when he returned from his tea break at around 16.45 and that a colleague, Sulkash Kamboj, had told him that he had placed it there. (Kamboj subsequently had no recollection of doing so and there is no suggestion that he was part of the bomb plot.) 

Crucially, Bedford went off duty before PA103A arrived from Frankfurt, so the suitcase he saw could not have originated from that flight and could therefore not have been a rogue suitcase from the Air Malta flight KM180. Equally crucially, he and the two other loaders who saw AVE4041 were sure that, by the time it was taken to PA103A to be topped up with baggage from Frankfurt, the base of the container was covered by a single layer of baggage, which consisted of at least five cases standing vertically along the back and two lying flat at the front.

These details were important because two police memos uncovered during preparations for Megrahi's second appeal showed that only six legitimate interline bags would have been loaded into AVE4041, none of which matched that described by Bedford. Clearly then, the Bedford suitcase was rogue and, to the best of his recollection, it matched the one that contained the bomb.

Further evidence that the bomb was planted at Heathrow has been unearthed and compiled in an exhaustive investigation by researcher Dr Morag Kerr in her book Adequately Explained by Stupidity?. Taken together, the Heathrow evidence is far more convincing evidence of the bomb's origin than the fact that Megrahi and Abouagela Masud left Malta together on the morning of the bombing.

The final important omission is the evidence that destroys the Crown’s central claim that the Lockerbie bomb contained an MST-13 timer from a batch supplied by the Swiss company Mebo to Libya. The claim relied upon a fragment of circuit board known as PT/35(b), which was found within the Lockerbie debris.

According to the Crown, it matched the boards used in the Libyan batch, which had been made for Mebo by another Swiss company, Thüring. However, there was a crucial difference, which was not revealed to the trial court: PT/35(b)’s copper circuitry was plated with pure tin, whereas the boards in the timers supplied to Libya were plated with a tin-lead alloy. In 2008 Thüring’s production director confirmed to Megrahi’s lawyers that the company had only every used tin-lead alloy plating. It meant that the fragment could not have been from one of the MST-13s supplied to Libya. 

As well as omitting such vital evidence, the media coverage surrounding 'My Brother’s Bomber' has swerved an urgent question: given that Abu Agila Masud apparently linked the La Belle attack and Lockerbie, why did the Lockerbie investigators never make anything of the fact? It's clear from the statements of Scottish police officers that Masud was a prime suspect from 1991 onwards. In 1997 he was named in the indictment against the La Belle accused. Had the Lockerbie prosecutors known of the link, they should have used it to bolster the weak circumstantial case that they had assembled against Megrahi and his co-accused, Lamin Fhimah. The fact that they did not looks like a major cock up, which the announcement of the pursuit of the two new suspects has effectively concealed. The Crown Office claims that there is now a 'proper basis' in Scots law to treat the two men as suspects, implying that there wasn’t previously. In fact, such a basis has existed since 1991.

The initiative has already descended into farce. The Crown Office has discussed getting access to the suspects with the internationally recognised government in Tobruk, which is powerless to help, because they are being held by the rival government in Tripoli. That government is willing to allow the Crown Office to interview the suspects, but has heard nothing from them. As leading Libya observer Jason Pack has observed, given the very delicate political situation in the country, which the UN is attempting to resolve by brokering the formation of a national unity government, the Crown Office’s announcement seems 'particularly ill-timed and naïve'.

I can believe that the police and FBI failed to be sufficiently curious about La Belle, but find it hard to believe that the CIA missed the Masud link with Lockerbie. In the official narrative, the two bombings were umbilically linked. The CIA of all people should therefore have been alert to the possibility that there were common players between the two attacks. They could not have been unaware that Masud had been implicated in La Belle if the man who implicated him, Musbah Eter, was one of their own.

Why, then, was it not until 19 years after Eter named Masud, and 18 years after he was named in the La Belle indictment, that the Lockerbie connection was made? And why did it fall to one of the Lockerbie victims' relatives to make the connection? Clearly the Libyans kept silent about Masud because they knew that the La Belle connection, whether genuine or not, would damage Megrahi and Fhimah's prospects at trial, but why the apparent silence from the CIA?

We are unlikely to get answers to these and the many other questions that cloud Lockerbie. We should applaud Ken Dornstein for adding some pieces to the jigsaw. He has seen a picture that he finds convincing, but when I look at the other pieces, I am equally sure he is wrong and that, if we ever get to see the complete picture, the part he has illuminated may prove to be peripheral.

We must nevertheless hope that Masud and Senussi are handed over to the Scottish authorities, unlikely as that prospect may currently seem. The case urgently needs reopening and a trial of the two men may be the best way of achieving it. Should there be one, the prosecution would have to re-run most of the discredited case that convicted Megrahi, and the defence would be armed with vital exculpatory evidence that the Crown previously withheld. The result, I predict, would be a deepening rather than an answering of Lockerbie’s mysteries.