Iran Air 655 and Pan Am 103

The Turkish website Kokpit.aero has just published a long article about attacks on aircraft that resulted in passenger deaths. The Iran Air 655 tragedy and the Lockerbie case feature extensively. The English language version produced by Google Translate is reasonably comprehensible.

US blames Iran for downing of IR 655

[What follows is excerpted from a report published on this date in 1988 in the The Washington Post. It provides evidence of the official disinformation that was being disseminated by the United States Government in the immediate aftermath of the shooting down of Iran Air flight 655 by the USS Vincennes:]

A US warship fighting gunboats in the Persian Gulf yesterday mistook an Iranian civilian jetliner for an attacking Iranian F14 fighter plane and blew it out of the hazy sky with a heat-seeking missile, the Pentagon announced. Iran said 290 persons were aboard the European-made A300 Airbus and that all had perished.

"The US government deeply regrets this incident," Adm William J Crowe Jr, chairman of the Joint Chiefs of Staff, told a Pentagon news conference.

The disaster occurred at mid-morning over the Strait of Hormuz, when the airliner, Iran Air Flight 655, on what Iran described as a routine 140-mile flight from its coastal city of Bandar Abbas southwest to Dubai in the United Arab Emirates, apparently strayed too close to two US Navy warships that were engaged in a battle with Iranian gunboats.

The USS Vincennes, a cruiser equipped with the most sophisticated radar and electronic battle gear in the Navy's surface arsenal, tracked the oncoming plane electronically, warned it to keep away, and when it did not fired two Standard surface-to-air missiles.

Navy officials said the Vincennes' combat teams believed the airliner to be an Iranian F14 jet fighter. No visual contact was made with the aircraft until it was struck and blew up about six miles from the Vincennes; the plane's wreckage fell in Iranian territorial waters, Navy officials said. (...)

Iran accused the United States of a "barbaric massacre" and vowed to "avenge the blood of our martyrs."

President Reagan in a statement said he was "saddened to report" that the Vincennes "in a proper defensive action" had shot down the jetliner. "This is a terrible human tragedy. Our sympathy and condolences go out to the passengers, crew, and their families . . . . We deeply regret any loss of life."

Reagan, who was spending the Fourth of July holiday at Camp David, said the Iranian aircraft "was headed directly for the Vincennes" and had "failed to heed repeated warnings." The cruiser, he said, fired "to protect itself against possible attack."

News of the downing of the plane began with sharply conflicting accounts from Iran and from the Defense Department of what had transpired in the Persian Gulf. Early yesterday, Tehran broadcast accusations that the United States had downed an unarmed airliner.

The Pentagon at first denied the Iranian claims, declaring that information from the fleet indicated that the Vincennes, equipped with the Aegis electronic battle management system, had shot down an attacking Iranian F14 jet fighter. But after sifting through more detailed reports and electronic intelligence, Reagan directed the Pentagon to confirm there had been a tragic case of mistaken identity in the war-torn gulf.

Crowe, in his hastily called news conference at the Pentagon, also backed up the skipper of the Vincennes and faulted the Iranian airline pilot.

Crowe said the Airbus had flown four miles west of the usual commercial airline route from Bandar Abbas to Dubai and that the pilot ignored repeated radioed warnings from the Vincennes to change course.

Why and how the Vincennes mistook the bulky, wide-bodied Airbus A300 for a sleek, supersonic F14 fighter plane barely a third the transport's size will be the subject of "a full investigation," Reagan promised. A military team under the command of Rear Adm William N Fogarty of the US Central Command will leave this week to begin that investigation, Defense Department officials said.

Early report that Lockerbie investigation pointing to Libya

[Pan Am 103 Clue Leads to Libyans : Terrorism: US and Scottish investigators now believe that the regime of Moammar Kadafi carried out the jet bombing that killed 270 is the headline over a lengthy report by Robin Wright and Ronald Ostrow that was published in the Los Angeles Times on this date in 1991. It reads as follows:]

The clue that turned the case was a microchip, a tiny piece of a triggering device to detonate a bomb.

From it, American and Scottish investigators found a new trail that refuted the conclusions of almost two years of arduous legwork by thousands of agents worldwide -- and eventually changed major assumptions about the downing of Pan Am Flight 103 over a small Scottish village just four days before Christmas, 1988.

A key breakthrough, which came just as the largest international criminal probe in history neared an impasse, was almost a fluke. A "brilliant young CIA analyst," as one insider described him, decided to try a new hypothesis: Could someone besides the widely suspected culprits -- Palestinian radicals, their Syrian patrons or Iranian militants -- have been involved?

The analyst started with a hunch.

He searched for a "signature" that would match the Pan Am bombing with earlier incidents to prove his suspicions. Culling through CIA files, he came up with the 1984 bombing of a French UTA airliner in Chad. A premature explosion blew up the baggage compartment while the plane was still on the ground and wounded 27 people.

He also found a link with the 1986 attempt to blow up the US Embassy in Togo. Officials in Lome, the Togolese capital, had arrested nine people with two suitcases full of plastic explosives.

But the biggest find was an obscure case in Senegal involving the arrest of two men at Dakar airport in February, 1988. In their possession were 20 pounds of sophisticated Semtex plastic and TNT explosives, weapons and several triggering devices.

The analyst's hunch was right.

In all three cases, the "signature" was distinctly Libyan.

In Senegal, the two men who were arrested -- Mohammed Marzouk, alias Mohammed Naydi, and Mansour Omran Saber -- were both agents of Libyan intelligence. And the triggering devices in their possession matched the microchip fragment from the Pan Am bomb.

The connection has since provided a new set of answers to how and why Pan Am 103 blew up over Lockerbie, Scotland, and who masterminded the blast.

Based on the forensic breakthrough and the links with earlier cases, investigators now believe:

* The regime of Moammar Kadafi carried out the bombing. Libyan intelligence, headed by Abdullah Sanussi, orchestrated the plot.

* The primary motive was revenge for the 1986 US bombing of Tripoli in which about 40 people, including Kadafi's adopted daughter, were killed. "The notion that the 1986 bombing of Tripoli deterred Libyan terrorism is greatly flawed," a leading counterterrorism expert concluded.

* The mysterious bag carrying the bomb-laden Toshiba radio-cassette player on the blown-up Pan Am 103 came from Malta. Investigators believe the bomb was probably flown on an Air Malta flight to Frankfurt, Germany -- although the passenger and cargo log has disappeared. In Germany, the cassette player was loaded on Pan Am 103 as an interline bag, unattached to any passenger.

Vital missing pieces in the puzzle finally fell into place. "We followed a lot of leads that looked promising at the beginning but turned out to be nothing," a counterterrorism specialist said. "All the streets followed down to dead ends."

The breakthroughs mean that, unlike the unsolved cases of half a dozen terrorist spectaculars against US targets in the 1980s, the bombing of Pan Am Flight 103 may go to court.

Assistant Atty Gen Robert S Mueller III, who heads the Justice Department's Criminal Division and has been meeting frequently with the FBI on the investigation, appears poised to take the case to a grand jury, according to US officials.

Should the grand jury return sealed indictments, the biggest obstacle may not be just arresting those involved. US authorities already are working with French police now seeking to apprehend one of the Libyan suspects somewhere in North Africa, the officials said.

The problem instead may be competition over which country will get them for trial. French intelligence now believes yet another terrorist attack -- the 1989 bombing of UTA Flight 772 over the West African country of Niger -- was also directed by Libyan intelligence.

Although the method differed in each case, the signature was once again the telltale clue. The UTA explosive, part of which did not blow up and was retrieved from the Sahara desert, was one of five "suitcase bombs" that investigators believed Libyan intelligence purchased earlier from the notorious Mideast bomb maker Abu Ibrahim.

The primary motive, French officials suspect, was revenge for French aid that enabled Chad -- where the UTA flight took on most of its passengers -- to rout Libyan troops occupying parts of the neighboring state in 1987. The bomb was probably loaded in Brazzaville, the Congolese capital where the flight originated.

The new evidence on the Pan Am bombing, which began to emerge last summer, contradicts the longstanding belief that it was linked to the Popular Front for the Liberation of Palestine-General Command (PFLP-GC) headed by Ahmed Jibril. The radical PFLP-GC, based in Syria, is outside the PLO umbrella.

The original case was based on the arrest of a cell of 16 operatives in Germany two months before the 1988 Pan Am bombing. The group was found to have five sophisticated bombs, especially designed to blow up aircraft, hidden in electronic equipment.

From his base in Damascus, Jibril was also known to have worked closely with Iran, where he frequently traveled. Investigators believed that Tehran commissioned the PFLP-GC to target an American plane in retaliation for the accidental 1988 US downing of Iran Air Flight 655 over the Persian Gulf in which 290 people died.

The crucial clues that changed the direction of the probe were the detonators. The Palestinian group's detonators were all Czech-made. They were attached to altimeter devices that were set to go off once a plane reached a certain altitude.

But, as forensic experts discovered, the detonator fragment that was culled from the wreckage of Flight 103, which had been scattered over 845 square miles of Scottish countryside, had important discrepancies.

It was of Swiss manufacture--from the same firm that had made the triggering devices that were found on the Libyan agents in Senegal. And it was attached to an ordinary timer that had been set to go off at a certain hour.

The "fingerprints" -- as forensic experts call the telltale characteristics of sophisticated explosive devices -- of the Pan Am bomb and the PFLP-GC bombs were vastly different. But the fingerprint of the Pan Am bomb was identical to the devices carried by the Libyan agents who were caught in Senegal.

Unfortunately, Senegal freed the Libyan agents, who were never formally charged, in June, 1988. US officials believe their release was part of a package deal in exchange for ending Libyan support for Senegal's opposition forces and for restoring diplomatic relations between the two countries, which had been severed eight years earlier.

At the time, the State Department issued a largely unnoticed -- but perhaps tragically prescient -- official comment: "We are extremely disappointed by Senegal's action, which raises questions about that country's commitment to the struggle against international terrorism."

Six months later, all 259 people on board Pan Am 103 and 11 others on the ground died when the New York-bound plane, flying 31,000 feet over Scotland, exploded just 38 minutes after takeoff from London's Heathrow Airport.

Crucial evidence held by Senegalese authorities also subsequently disappeared. US investigators have had to rely on photographs of the Libyan agents' materiel to match up the fingerprints of the two bombs.

US officials are unwilling to say where the two Libyans are today, but there are hints that they may be suspects in the Pan Am case. Investigators do believe, however, that the same top Libyan intelligence officials -- including Sanussi -- masterminded both the operation that was uncovered in Senegal and the Pan Am bombing.

Sanussi has been a constant headache to counterterrorism officials in the United States, Europe, Africa and the Middle East, a well-placed US source said. In 1986, he was sentenced in absentia by an Egyptian court to 10 years' imprisonment for conspiring to assassinate a group of prominent Libyan exiles.

Sanussi also reportedly makes regular use of Libyan Arab Airlines, the national carrier, as a cover for intelligence and terrorist activities. He is believed to have recruited baggage-handlers and airport personnel in Europe and Africa to facilitate his operations.

The new case against Libya has effectively absolved Syria, the PFLP-GC's primary sponsor, of involvement in the Pan Am bombing, counterterrorism officials say.

But neither Damascus nor Jibril has been cleared of plotting terrorist activities. US officials also believe the arrests that broke up the radical Palestinian cell operating in Germany probably foiled what could have been an even bigger terrorist spectacular: the bombing of three other planes over a period of only a few days.

Counterterrorism analysts suggest that one of the Palestinian group's targets was an Iberia Airlines flight from Madrid to Israel via Barcelona. Among its scheduled passengers were members of an Israeli sports team.

A former US intelligence official says that PFLP-GC operatives also had surveyed the Pan Am counter at Frankfurt airport, although no evidence indicated specific plans against Flight 103 as one of the three planes.

The biggest outstanding question in the investigation is what role, if any, Iran may have played, several key US sources say.

"Unlike the connection established between Iran and Jibril, we have nothing to prove Iran's link with Libya," one official said. "But some still believe there's a link (that) we haven't found yet."

Another added: "I'll go to my grave believing Iranians had a role in Pan Am 103."

By contrast, before the latest breakthrough, investigators felt they had a strong circumstantial case of Iranian links with the PFLP-GC cell on the Pan Am bombing.

Through electronic intercepts, intelligence services had monitored messages from Iranian officials known for their militancy who expressed concern after arrests of the PFLP-GC cell. They apparently were worried about the implications for an operation they wanted carried out.

Investigators initially thought the PFLP-GC and Libyan plots were directly connected. One early scenario suggested that Iran funded two separate cells for the same operation. The second cell was to provide a backup if the first one failed.

But investigators have increasingly moved away from the so-called "Cell A, Cell B" scenario.

So far, investigators have no evidence from intercepts or secret meetings of direct contact between Libya and Iran. Indeed, relations between Tripoli and Tehran have been erratic.

But if the PFLP-GC and Libyan plots were not linked, the implications are even more serious. "You have to be terrified that there were two groups out there in the fall of 1988 plotting to bomb planes," the well-placed official said. "That's even scarier."

[RB: It was just under five months later that it was announced by the prosecution authorities in Scotland and the United States that charges were being brought against Abdelbaset Megrahi and Lamin Fhimah.]

When truth is inconvenient

[On this date ten years ago a long article by Hugh Miles headlined Inconvenient Truths was published in the London Review of Books.  The following are excerpts:]

From the outset the Lockerbie disaster has been marked by superlatives. The bombing was the deadliest terror attack on American civilians until 11 September 2001. It sparked Britain’s biggest ever criminal inquiry, led by its smallest police force, Dumfries and Galloway Constabulary. It spelled the end of Pan Am, which never recovered from the damage to its reputation. The trial at Camp Zeist was the longest and – at a cost of £75 million – the most expensive in Scottish legal history. The appeal hearing was the first Scottish trial to be broadcast live on both television and the internet.

Lawyers, politicians, diplomats and relatives of Lockerbie victims now believe that the former Libyan intelligence officer is innocent. (...)

Al-Megrahi applied to the SCCRC for a review of his case in 2003 and the commission has been reinspecting evidence from the trial for the last four years. It will submit its findings at the end of June. It looks likely that the SCCRC will find that there is enough evidence to refer al-Megrahi’s case back to the appeal court. The Crown Office has already begun reinforcing its Lockerbie legal team in anticipation of a referral.

If al-Megrahi is granted a second appeal, it will, like the original trial, be held before a panel of Scottish judges, without a jury. This time the trial will take place in Scotland, and if the glacial pace of proceedings in the past is anything to go by, it will probably not be heard before the summer of 2008. Al-Megrahi’s defence team would be ready to launch an appeal in a matter of weeks, but the prosecution would be likely to delay the hearing for as long as possible. If an appeal takes place, al-Megrahi’s defence team will produce important evidence that was not available at the time of the first appeal, evidence that seems likely not only to exonerate al-Megrahi but to do so by pointing the finger of blame at the real perpetrators of the Lockerbie bombing and revealing some inconvenient truths.

Even the [official] who presided over the Lockerbie investigation and issued the 1991 arrest warrants for the two Libyans has cast doubt on the prosecution’s case. In an interview with the Sunday Times in October 2005, Lord Fraser of Carmyllie, Scotland’s larger-than-life lord advocate from 1989 to 1992, questioned the reliability of the shopkeeper Tony Gauci, the prosecution’s star witness. ‘Gauci was not quite the full shilling. I think even his family would say [that he] was an apple short of a picnic. He was quite a tricky guy, I don’t think he was deliberately lying but if you asked him the same question three times he would just get irritated and refuse to answer.’ Lord Fraser made it clear that this did not mean he thought al-Megrahi was innocent. But he had presented Gauci as a reliable witness; he went on to become the heart of the prosecution’s case. Now he was casting doubt on the man who identified al-Megrahi. (...)

Hans Köchler, the UN observer at Camp Zeist, reported at the time that the trial was politically charged and the verdict ‘totally incomprehensible’.

In his report Köchler wrote that he found the presence of US Justice Department representatives in the court ‘highly problematic’, because it gave the impression that they were ‘“supervisors” handling vital matters of the prosecution strategy and deciding … which documents … were to be released in open court and what parts of information contained in a certain document were to be withheld.’ ‘The alternative theory of the defence,’ he went on, ‘was never seriously investigated. Amid shrouds of secrecy and national security considerations, that avenue was never seriously pursued – although it was officially declared as being of major importance for the defence case. This is totally incomprehensible to any rational observer.’ The prosecution, Köchler noted, dismissed evidence on the grounds that it was not relevant; but now that that evidence has finally – partially – been released, it turns out to be very relevant indeed: to the defence.

Whatever happens, al-Megrahi may not have to wait long. As soon as a further appeal is scheduled, he can make an application to be released from custody: the convicted Lockerbie bomber, who was supposed to serve no fewer than 27 years in a Scottish jail, might well be free this summer. Whether al-Megrahi is freed pending his appeal – and what conditions would be applied if he were – depends largely on whether his defence team can convince the judge that he is not a flight risk. This may be hard to do. The judge might decide that if he left the country, he might choose to stay in Libya rather than come back next year for another round in court. If al-Megrahi is exonerated, many tricky questions will resurface, not least what to do about the $2.7 billion compensation paid by Libya to the relatives of the victims of the bombing. And then, of course, there is the question of who really bombed Flight 103.

In the first three years following the bombing, before a shred of evidence had been produced to incriminate Libya, the Dumfries and Galloway police, the FBI and several other intelligence services around the world all shared the belief that the Lockerbie bombers belonged to the Popular Front for the Liberation of Palestine General Command (PFLP-GC), a Palestinian rejectionist organisation backed by Iran. The PFLP-GC is headed by Ahmed Jibril, a former Syrian army captain; its headquarters are in Damascus and it is closely allied with the Syrian president and other senior Syrian officials. In the 1970s and 1980s the PFLP-GC carried out a number of raids against Israel, including a novel hang-glider assault launched from inside Lebanon. Lawyers, intelligence services and diplomats around the world continue to suspect that Jibril – who has even boasted that he is responsible – was behind Lockerbie.

The case against Jibril and his gang is well established. It runs like this: in July 1988, five months before the Lockerbie bombing, a US naval commander aboard USSVincennes in the Persian Gulf shot down an Iranian airbus, apparently mistaking it for an attacker. On board Iran Air Flight 655 were 270 pilgrims en route to Mecca. Ayatollah Khomeini vowed the skies would ‘rain blood’ in revenge and offered a $10 million reward to anyone who ‘obtained justice’ for Iran. The suggestion is that the PFLP-GC was commissioned to undertake a retaliatory bombing.

We know at least that two months before Lockerbie, a PFLP-GC cell was active in the Frankfurt and Neuss areas of West Germany. On 26 October 1998, German police arrested 17 terrorist suspects who, surveillance showed, had cased Frankfurt airport and browsed Pan Am flight timetables. Four Semtex-based explosive devices were confiscated; a fifth is known to have gone missing. They were concealed inside Toshiba radios very similar to the one found at Lockerbie a few weeks later. One of the gang, a Palestinian known as Abu Talb, was later found to have a calendar in his flat in Sweden with the date of 21 December circled. New evidence, now in the hands of al-Megrahi’s defence, proves for the first time that Abu Talb was in Malta when the Lockerbie bombing took place. The Maltese man whose testimony convicted al-Megrahi has also identified Abu Talb. During al-Megrahi’s trial Abu Talb had a strange role. As part of a defence available in Scottish law, known as ‘incrimination’, Abu Talb was named as someone who – rather than the accused – might have carried out the bombing. At the time he was serving a life sentence in Sweden for the bombing of a synagogue, but he was summoned to Camp Zeist to give evidence. He ended up testifying as a prosecution witness, denying that he had anything to do with Lockerbie. (...)

Other evidence has emerged showing that the bomb could have been placed on the plane at Frankfurt airport, a possibility that the prosecution in al-Megrahi’s trial consistently ruled out (their case depended on the suitcase containing the bomb having been transferred from a connecting flight from Malta). Most significantly, German federal police have provided financial records showing that on 23 December 1988, two days after the bombing, the Iranian government deposited £5.9 million into a Swiss bank account that belonged to the arrested members of the PFLP-GC.

The decision to steer the investigation away from the PFLP-GC and in the direction of Libya came in the run-up to the first Gulf War, as America was looking to rally a coalition to liberate Kuwait and was calling for support from Iran and Syria. Syria subsequently joined the UN forces. Quietly, the evidence incriminating Jibril, so painstakingly sifted from the debris, was binned.

Those who continued to press the case against the PFLP-GC seemed to fall foul of American law. When a New York corporate investigative company asked to look into the bombing on behalf of Pan Am found the PFLP-GC responsible, the federal government promptly indicted the company’s president, Juval Aviv, for mail fraud. Lester Coleman, a former Defense Intelligence Agency operative who was researching a book about the PFLP-GC and Lockerbie, was charged by the FBI with ‘falsely procuring a passport’. William [Chasey], a lobbyist who made similar allegations in 1995, found his bank accounts frozen and federal agents searching through his trash. Even so, documents leaked from the US Defense Intelligence Agency in 1995, two years after the Libyans were first identified as the prime suspects, still blamed the PFLP-GC.

Suspicions and conspiracy theories have swirled around Lockerbie from the beginning. Some of them are fairly outlandish. In Diplomatic Baggage: The Adventures of a Trailing Spouse (2005), Brigid Keenan, the wife of the British diplomat Alan Waddams, reported that over dinner in Gambia, a former Interpol agent told her and her husband that the bombing had been a revenge attack by Iran, in retaliation for the downed airliner (though she didn’t say how he knew this). The Interpol agent claimed the cargo had not been checked because the plane was carrying drugs as part of a deal over American hostages held by Hizbullah in Beirut. Militant groups were being allowed to smuggle heroin into the US in exchange for information; the bomb had gone on board when the PFLP-GC found a loophole in this drug-running operation.

At least four US intelligence officers, including the CIA’s deputy station chief in Beirut, were on the Flight 103 passenger list. In the days following the bombing, CIA agents scoured the Scottish countryside, some reportedly dressed in Pan Am overalls. Mary Boylan, then a constable with Lothian and Borders police, has said that senior police officers told her not to make an official record of the CIA badge she recovered from the wreckage, asking her instead to hand it over to a senior colleague. Her testimony, too, is now in the hands of the SCCRC. Jim Wilson, a farmer from the village of Tundergarth, reported shortly after the bombing that he had found in his field a suitcase packed with a powdery substance that looked ‘like drugs’. He last saw the suitcase when he handed it over to the police, he said; he was never asked about it again.

When al-Megrahi was handed over for trial, Libya declared that it would accept responsibility for his actions. But it never accepted guilt. This distinction was spelled out clearly in Libyan letters to the UN Security Council. In a BBC radio interview in 2004, the Libyan prime minister, Shukri Ghanem, underlined once again that compensation had been paid because this was the ‘price for peace’ and to secure the lifting of sanctions. When asked if Libya did not accept guilt, he said: ‘I agree with that.’

If the court that convicted al-Megrahi now reverses its decision, then Libya would clearly have a case for demanding its money back. Since recovering the compensation from the relatives would be unthinkable, it is more likely Libya would pursue those responsible for the miscarriage of justice. ‘What they might try to do,’ Black suggests, ‘is to recoup the money from the British and American governments, who after all are responsible for the initial farce and the wrongful conviction in the first place. They paid that money on the basis of a miscarriage of justice perpetrated by the British courts.’ Al-Megrahi’s acquittal on appeal would not ipso facto make a compelling case for Libya to have its money back: even if guilt can’t be proved beyond reasonable doubt – the test of the criminal burden of proof – it could still be shown that it was more likely than not (which is the burden applied to civil cases such as compensation cases). If Libya paid the money for purely political reasons then, one could argue, it might have to live with that decision. When I asked the Foreign Office whether Britain would consider reimbursing Libya in the event of al-Megrahi’s exoneration, a spokesman declined to comment.

If al-Megrahi is acquitted, he will also have the right to sue for wrongful conviction. He could claim compensation to the tune of several tens of thousands of pounds. The Crown Office, which is headed by the Scottish lord advocate, is responsible for what happened, which means that al-Megrahi would sue the Scottish Executive. The lord advocate is now one of the ‘Scottish ministers’, whereas previously he – now she – was one of the law officers of the UK Government. The Scottish Executive might refuse to pay, blaming Westminster. Westminster, meanwhile, would argue that Lockerbie is and always has been a Crown Office matter and that the UK government has no say. A political storm is on its way, especially now that the SNP is in charge in Scotland.

Since the case against al-Megrahi was so weak, it is hard to understand how the judges who presided over the trial could have got it so wrong. Black has a view:

It has been suggested to me, very often by Libyans, that political pressure was placed upon the judges. I don’t think for a minute that political pressure of that nature was placed on the judges. What happened, I think, was that it was internal politics in Scotland. Prosecutions in Scotland are brought by the lord advocate. Until just a few years ago, one of the other functions of the lord advocate in Scotland was that he appointed all Scottish judges. I think what influenced these judges was that they thought that if both of the Libyans accused are found not guilty, this will be the most fiendish embarrassment to the lord advocate.

The appointment system for judges has changed since the trial, but another controversial aspect of the al-Megrahi case may also be re-examined: the policies on disclosure. Compared to almost any other similar criminal justice system, Scotland does not have a proper system of disclosure of information. In England and Wales, the Crown has to disclose all material to the defence, according to rules set out in statute. In Scotland the Crown is allowed to modify or withhold evidence if it considers that withholding is in the ‘public interest’. At least the Scottish criminal justice system doesn’t have the death penalty. 

A classic mix of incompetence ... and deviousness

[What follows is the text of an article about Iran Air flight 655 that appeared on The Trusty Servant website on this date in 2014 (maps and graphics omitted):]

It was an Airbus A300 on a flight from Tehran to Dubai shot down by USS Vincennes on 3 July 1988 using guided missiles. All 290 people on board (16 crew, 274 passengers, including 66 children) were killed.

It was a classic mix of incompetence leading to the accident, and deviousness in trying, and eventually failing, to cover up what actually happened.

At first sight the shooting was hard to believe. The flight had a stop-over at Bandar Abbas. It took off normally from there at UTC 06:47, 27 minutes late. It flew normally down the commercial air corridor Amber 59, a 20-mile wide direct route to Dubai airport. It followed the normal flight plan of climbing steadily, aiming to reach 14,000 ft, then cruise briefly, then descend to Dubai. Its transponder was broadcasting the regular civilian code (“Mode III”, easily distinguishable from the military “Mode II”). When it reached 10 miles from the Vincennes still climbing, it was shot down on the basis that it must be an Iranian F-14 descending on its final attack run.

The Vincennes was at lat 26.513056N, long 56.015833W, 10.8 miles from the nearest point of the Iranian coast (the little island of Hengam, just south of Qeshm), inside Iranian territorial waters, and was in the process of attacking small Iranian gunboats which it had lured out with a decoy “Liberian ship” the Stoval. It was neither a ship, nor Liberian, but essentially just a transmitter to fool the Iranians into coming into range of the Vincennes’ helicopters and various other US ships that were in the area.

Indeed it turned out that the US had been engaged in a secret naval war in the Gulf for some while, a war for which it did not wish to seek authorisation under the War Powers Act.

The Vincennes had all the latest kit, known as Aegis.

This was a complex computer system linked into umpteen radars, intelligence feeds and other systems, designed to allow the ship to engage up to a hundred air or surface threats simultaneously.

It performed flawlessly.

The snag was apparently that the crew did not believe the information it was giving them. They expected the plane to be a hostile Iranian plane rushing to defend the gunboats, so that is what they managed to see.

There was also a classic time-zone mix-up. The ships clocks were on UTC + 4hrs, whereas Bandar Abbas was on UTC +3.5 hrs. So although the crew knew all about the IA655, they knew it could not be the plane on the radar, because the timing was wrong.

But part of the problem was that the Vincennes had too much information. All kinds of people were intercepting, real-time, the communications between IA655 and the Bandar Abbas control tower: GCHQ and NSA (with listening stations in Oman, including Goat Island), an AWACS plane (a Grumman E2-Hawkeye) above the Gulf.

All this information may not have been much help to the captain of the Vincennes faced with only a few minutes to make a decision as the plane closed on his position at about 6.5 miles/minute. Having said that, I am not inclined to be particularly sympathetic. There was precisely one scheduled flight out of Bandar Abbas that morning, IR 655, due to depart at 09:50 local time = 06:20 UTC. It was flying direct to Dubai, which would take it directly over the Vincennes. Clearly, avoiding downing that flight was a priority.

But the information was certainly a problem afterwards. Aegis provided a flawless audit trail. It showed that the crew had imagined things when they thought the flight was descending. It did nothing but ascend. There followed a lengthy period of giving out a mixture of flat untruths and heavily redacted truths, but the truth did emerge several years later.

Full details, and amusingly commented original documents etc, are available on Charles Harwood’s site.

Deception over Lockerbie

[This is the headline over a long article by Maidhc Ó'Cathail published on this date in 2009 on the Canadian Global Research website. It reads in part:]

The scenes of flag-waving Libyans welcoming home Abdel Baset al-Megrahi, the man known as the Lockerbie bomber, further discredited Muslims in the minds of many. For those whose knowledge of the story is derived mainly from TV news, it appeared to be a callous celebration of mass murder, lending credence to the belief that “Islam” and “terrorism” are virtually synonymous. A closer look at the facts surrounding the bombing of Pan Am Flight 103, however, reveals a pattern of deception by those who have most to gain from making Muslims look bad.

While the news reports dutifully recorded the protestations of outrage by Barack Obama, Gordon Brown and others at what appeared to be an unseemly hero’s welcome for a convicted terrorist, they neglected to mention that Libyans were celebrating the release of a countryman whom they believe had been wrongfully imprisoned for eight years. Also omitted from the reports was any indication that informed observers of Megrahi’s case in Britain and elsewhere are likewise convinced of his innocence.

Robert Black, the University of Edinburgh law professor who was the architect of the trial at Camp Zeist in the Netherlands, says that “no reasonable tribunal could have convicted Megrahi on the evidence led,” and calls his 2001 conviction “an absolute and utter outrage.” Prof Black likens the Scottish trial judges to the White Queen in Lewis Carroll’s Through the Looking Glass who “believed as many as six impossible things before breakfast.” Hans Köchler, a UN-appointed observer at the trial, states that “there is not one single piece of material evidence linking the two accused to the crime,” and condemns the court’s verdict as a “spectacular miscarriage of justice.” And Dr Jim Swire, whose daughter Flora was one of the 270 killed on December 21, 1988, dismisses the prosecution’s case against Megrahi and fellow Libyan Lamin Khalifa F’hima as “a cock and bull story.”

According to that “cock and bull story,” Megrahi, the head of security for Libyan Arab Airlines (LAA), conspired with Lamin Khalifa F’hima, the station manager for LAA in Malta (who was acquitted), to put a suitcase bomb on a flight from Malta to Frankfurt. At Frankfurt, the lethal suitcase had to be transferred to another flight bound for London Heathrow. Then in Heathrow Airport, it would have to be transferred for a second time onto the ill-fated Flight 103 destined for New York.

But for that rather implausible scenario to be true, the Libyans would have to have had an inordinate faith in the reliability of baggage handlers in two of Europe’s busiest airports at one of the busiest times of the year. Less optimistic would-be bombers would surely have slipped the bomb-laden suitcase on board in London. Fueling suspicions that this is indeed what happened, investigating police were told by a security guard at Heathrow that the Pan Am baggage storage area had been broken into on the night of the bombing.

The reported break-in at Heathrow was part of 600 pages of new and deliberately suppressed evidence that Megrahi’s defense could present at an appeal, which in 2007 the Scottish Criminal Cases Review Commission, after a three-year investigation, recommended he be granted.

But before that appeal could be heard, the compassionate release of Megrahi, suffering from terminal prostate cancer, conveniently spared the potential embarrassment of all those involved in his dubious conviction. More significantly, it also averted awkward questions being raised, in the likely event of the Libyan being acquitted, about who actually planted the bomb, and why.

Many of those who doubt Libya’s  responsibility for the Lockerbie bombing, perhaps not surprisingly in the current climate, tend to suspect other Muslim countries of involvement. The most popular theory is that Iran hired the Syrian-based Popular Front for the Liberation of Palestine – General Command (PFLP-GC) led by Ahmed Gibril to avenge the “accidental” shooting down by the USS Vincennes on July 3, 1988 of Iran Air Flight 655, which killed all 288 civilians on board.

Others believe that Abu Nidal, the founder of the infamous Black September terrorist group, may have been involved. If they’re right, it raises disturbing questions about who was ultimately responsible for the Lockerbie atrocity. In his fine biography of Nidal, A Gun for Hire, British journalist Patrick Seale confirms long-held suspicions that many in the Middle East have had about the “Palestinian terrorist” who did more than anyone to discredit the Palestinian cause. “Abu Nidal was undoubtedly a Mossad agent,” Seale asserts. “Practically every job he did benefited Israel.” (...)

Writing in the Guardian just before the trial of the two Libyans, veteran American journalist Russell Warren Howe, in an excellent article titled “What if they are innocent?” analyses whether the Iranian government, Palestinian terrorists or Israeli intelligence were more likely perpetrators. Howe concludes, “Even if Megrahi and F’hima are found guilty of the most serious charges, there would still be a need for a new investigation: to decide what was Israel’s possibly major role in mass murder and deception of its main benefactor, the US.” Howe is suggesting that even if the Libyans, or other Arabs, had actually planted the bomb, they may still have been duped into doing so by Israeli agents.

Intriguingly, Howe cites a reference in Gordon Thomas’s book on Mossad, Gideon’s Spies, to a Mossad officer stationed in London who showed up in Lockerbie the morning after the crash to arrange for the removal of a suitcase from the crime scene. The suitcase, said to belong to Captain Charles McKee, a DIA officer who was killed on the flight, was later returned “empty and undamaged.”

Moreover, the idea of Libyan responsibility, Howe notes, seems to have originated in Israel. Again, he quotes Thomas, who says that a source at LAP, Mossad’s psychological warfare unit, informed him that “within hours of the crash, staff at LAP were working the phones to their media contacts urging them to publicise that here was ‘incontrovertible proof’ that Libya, through its intelligence service, Jamahirya, was culpable.”

It may also have been Mossad disinformation, Howe suspects, that induced the US government to believe the Libyans were guilty. The day after the Lockerbie bombing, US intelligence intercepted a radio message from Tripoli to a Libyan government office in Berlin that effectively said, “mission accomplished.”