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. 

The “true Lockerbie bomber”

[What follows is an item that was originally posted on this blog on this date in 2009. It prompted a spirited debate in the below-the-line comments:]

Lost CCTV tape 'reveals true Lockerbie bomber'

[This is the headline over a report in today's edition of the Sunday Express. The following are excerpts.]

A secret videotape exists of the moment the bomb that brought down Pan Am flight 103 was planted but has been “lost” by the authorities, it emerged yesterday.

The footage was shot by German intelligence at Frankfurt Airport and shows a baggage handler slipping a Samsonite suitcase rigged with explosives onto a luggage trolley.

Investigator Juval Aviv obtained the tape and passed it to the now defunct airline, which placed copies in safe deposit boxes around Europe.

He said the CIA has denied the tape exists as it would reveal the US agency’s role in the bombing and clear the name of Abdelbaset Ali Mohmed al-Megrahi.

The BKA, the German equivalent of MI5, which was monitoring the Pan Am terminal, has lost the original tape and the US airline collapsed in 1991.

Mr Aviv said that in 1988 a secret CIA unit was allowing Middle Eastern criminals to smuggle heroin into America via Frankfurt.

The CIA wanted to secure the release of US hostages in Beirut and was also using the profits to buy weapons for operations in Central America.

“The video shows a baggage handler called Roland O’Neill,” said Mr Aviv. “He picks up the suitcase and realises it is heavier than usual. He goes to the phone and makes a call.

“Then he takes the case and puts it on the trolley. All the phones were tapped, so I also had a tape of the phone call.

“O’Neill called the CIA guy at the embassy in Bonn. He said, ‘This is O’Neill, I have the suitcase but it is much heavier than usual’. The CIA guy says, ‘Yes, we know, let it go’.”

The baggage handler, a German who had lived in America, later told Mr Aviv that he was working for the US Government and he thought the suitcase contained drugs. (...)

Mr Aviv, a former Mossad agent who hunted the killers of the Israeli 1972 Olympic team, was hired to investigate the tragedy by Pan Am.

In his confidential report he describes the videotape as “the gem” that proves Iranian-sponsored terrorists carried out the atrocity.

Terror warlord Ahmed Jibril became aware of the CIA-approved drug route and realised he could use it to bomb a Western passenger jet.

Yesterday, Mr Aviv said: “Most of the people involved were scared to pursue it as the CIA were after them. I work with Dr Jim Swire and the families and my dream is that one day we will see the truth come out.”

Al-Kassar arrest revives scandal of Bush role in Lockerbie coverup

[This is the headline over an article by Jeffrey Steinberg that appeared in Executive Intelligence Review on this date in 1992. The following are the opening and closing few paragraphs:]

Just when George Bush thought that he had forever buried the Lockerbie scandal, authorities in Spain early in June nabbed fugitive narco-terrorist Mansur Al-Kassar. As a result, one of the President's worst fears may have been revived.

Al-Kassar, a Syrian national with ties to the regime of Hafez Assad in Damascus, had been accused in 1989 of masterminding the Dec 21, 1988 bombing of Pan American Airlines Flight 103 over Lockerbie, Scotland, in which 270 people perished.

At the time of the Lockerbie tragedy, Al-Kassar had been secretly employed by the US government as the so-called "second channel" negotiating the release of American hostages held in Beirut, Lebanon. Al-Kassar had, according to congressional testimony, received an estimated $2.5 million from Oliver North's secret Iran-Contra Swiss bank accounts for his role in providing Soviet-made weapons to the Nicaraguan Contra rebels. Al-Kassar's ties to the Reagan and Bush administrations apparently continued long after the IranContra scandal was exposed and North, Adm John Poindexter, and others were booted out of the government. (...)

According to an Israeli source, following Al-Kassar's arrest, Spanish authorities searched his Marbella home and discovered a safe filled with diaries and business papers. The Israeli source reports that Al-Kassar is now spilling his guts to the Spanish police about his work for the Reagan and Bush administrations, the secret dealings between Washington and Damascus, and the bombing of Pan Am Flight 103, including his personal role in developing the cover story that Libyan intelligence, acting on its own, had blown up the plane.

Juval Aviv, the New York City-based private investigator who conducted the initial investigation for Pan Am, is circumspect about where the Lockerbie probe will go from here: "The Time magazine story [RB: 'The Untold Story of Pan Am 103', 27 April 1992] has fortunately put things back in perspective, and the arrest of Mr Al-Kassar could lead to a real breakthrough in the case. I still stand by my original investigative report. I have do doubt that the Syrians were deeply involved in the Lockerbie bombing, as were the Iranians and elements of Libyan intelligence. In my initial investigation, I developed evidence of a kind of 'Terror, Inc' engaged in both narcotics smuggling and terrorism for hire, running out of the Middle East into Europe. I cited the involvement of Libya in the Pan Am plot and I even referenced Mr Al-Kassar's links t0 Tripoli.

"I was deeply disturbed last year when the US Department of Justice indicted the two Libyans and left the world with the impression that Syria and Iran were blameless. Now, perhaps, in spite of that action and in spite of the events in federal district court in Brooklyn, the full story will come out."

The hidden scandal of Lockerbie

[What follows is the text of a review by Steve James of John Ashton and Ian Ferguson’s Cover-up of Convenience—the Hidden Scandal of Lockerbie that was published on the WSWS.org website on this date in 2002:]

John Ashton’s and Ian Ferguson’s work on the circumstances surrounding the destruction on December 21, 1988, of Pan Am Flight 103 over Lockerbie, Scotland is worthy of careful study. It raises serious doubts, not only regarding the recent conviction of the Abdelbaset Ali Mohmed al-Megrahi, now incarcerated in Barlinnie jail, Glasgow, but over the entire official presentation of events before and after the crash, from 1988 to the present day. They give indicators as to how the full facts regarding the atrocity which killed 270, perhaps 271, people might be uncovered and conclude with a series of searching questions which any genuinely independent inquiry into the Lockerbie disaster should direct toward various governments, intelligence services, and individuals.

Ashton and Ferguson have followed Lockerbie for years. Ashton worked as the deputy to the late British film maker Allan Francovich, whose film The Maltese Double-Cross, examined various alternative scenarios that have been advanced as an explanation for the Lockerbie disaster, favouring that the bombing was a consequence of a CIA controlled drug running operation utilised to spy on Palestinian, Lebanese and Syrian armed political groupings and factions.

Ferguson is a journalist, who has written many articles on Lockerbie, and along with Scottish lawyer Robert Black, architect of the Camp Zeist trial, maintains the www.thelockerbietrial.com website.

Writing in the immediate aftermath of the special Criminal Court verdict at Camp Zeist convicting al-Megrahi, Ashton and Ferguson have drawn together the fruits of long research and interviews with a large number of people involved in the disaster, including a number of current and former spies.

The authors do not proclaim that al-Megrahi is innocent. Rather, they review a large body of circumstantial evidence suggesting that responsibility for Lockerbie may lie primarily with the intelligence services of several Western governments, particularly the United States. They are highly critical of the role played by the media in parroting the twists and turns of the official line and note that no major British or US newspaper, radio, or TV channel has had the journalistic independence to undertake a sustained investigation of this most murky aspect of the disaster.

Ashton and Ferguson note that there were many general indications of a possible attack on an American flight in late 1988. After the 1988 American attack by the USS Vincennes on an Iranian Airbus, in which 255 pilgrims were murdered, Iranian broadcasts warned that the skies would “rain blood” in consequence. A Syrian backed Palestinian group with a history of attacks on passenger aircraft was known to be operating in Germany. Many staff at the US Embassy in Moscow altered flight plans to avoid Pan Am over the Christmas period.

More specifically, the authors suggest there may have been prior warnings of an attack on flight PA103. They imply that both the US ambassador to Lebanon, John McCarthy, and the South African Foreign Minister Pik Botha had their travel plans altered at the last minute in order to avoid PA103.

Others, including Charles McKee, a US Army Special Forces Major, and Matthew Gannon, the CIA’s Beirut deputy station chief, uniquely amongst US officials, allegedly changed their plans at the last minute to fly on PA103. McKee had been leading a hostage rescue team in Beirut. One suggestion, and it is no more than that, is that these individuals were the target of a successful assassination attempt in which intelligence agencies themselves played a role.

According to the authors, from as little as two hours after the crash, US intelligence officers were at the southern Scottish site. Over the next days many more arrived. They were not looking for survivors or explanations as to the cause of the crash. They did not cooperate with local rescue services. Instead, they were searching for particular pieces of debris, luggage and particular corpses. Ashton and Ferguson cite finds of large quantities of cash, cannabis and heroin on the flight, as well as intelligence papers owned by McKee, whose luggage was removed and replaced. A report noting the location of hostages held in Beirut was apparently found on the ground. There were reports of helicopter-borne armed groups guarding and then removing a large box, and an unidentified body.

A police surgeon from Bradford, David Fieldhouse, insists that one body was moved, after it had been tagged and its location noted, while another disappeared entirely. Fieldhouse was subsequently victimised. Other concerns were raised by local police officers, some of which phoned Labour MP Tam Dalyell, who then began to take an active interest in the case.

Ashton and Ferguson detail the main alternative theory—that the bombing was carried out by the Popular Front for the Liberation of Palestine-General Command (PLFP-GC). This was also largely the official position until 1991. Ahmed Jibril formed the PFLP-GC in 1968, when he broke away from the PFLP. The authors assert, on the basis of discussions with a number of spies, that the PFLP-GC were recruited by the Iraqi, Iranian, or Syrian governments to attack a US plane. When considering the motivation for such a terror operation, whether on the part of the PFLP-GC or any of their possible sponsors, the book is at its weakest. It gives very little insight into the politics of these governments or of the PFLP-GC, other than to make such observations as support for the PFLP-GC allowing the regime of Hafez Al Assad in Syria to appear to be supporting the Palestinian struggle against Israel.

The authors instead draw attention to the bombing by the PFLP-GC 18 years earlier, in 1970, of two aircraft destined for Israel—one survived with a two foot hole in the fuselage, the other, Swissair 330 to Zurich crashed killing 147 people—and another bombing 16 years earlier, in 1972. The PFLP-GC in 1988 certainly appears to have had a European operation based in Nuess in the Ruhr, Germany, intent on attacking US and Israeli targets. The group eventually blew up some railway lines used by US troop trains, planned an attack on an Israeli sports team, and became the target of a huge surveillance operation by German state security, the BKA. Their operation was hopelessly compromised. Raids by the BKA eventually discovered timers, guns, along with various electrical goods altered to contain explosives. Two PFLP-GC members were eventually jailed in 1991 for the train attacks.

Astonishingly, however, bomb-maker Marwan Khreesat was released on a legal technicality and left Germany. According to Ashton and Ferguson, Khreesat, who built the bombs used in the attacks during the 1970s, had by this time become a Jordanian spy in the PFLP-GC. Jordanian intelligence apparently has a close relationship with the Israeli Mossad and the CIA. Khreesat is still living in Amman, the Jordanian capital, under protection.

Ashton and Ferguson note an interview with Khreesat by the FBI, which was cited at the Camp Zeist trial but never reported in the world’s press, in which Khreesat alleges that one of his bombs went missing after the BKA raid. On this basis, the authors speculate as to whether the CIA had, with the cooperation of other intelligence agencies, played a more active role in allowing the destruction of the plane. They restate the suggestion that this might have been to prevent exposure of the CIA’s drug running operations from the Bekaa Valley, or for other reasons associated with US policy in the Middle East, particularly the aftermath of the Iran-Contra machinations. They suggest that a CIA approved suitcase, loaded with heroin from the Bekaa Valley, might have been swapped for one loaded instead with a bomb intended to kill McKee.

McKee and others had reportedly developed serious reservations about the drug-running operation; it having recently endangered their own lives through an aborted hostage rescue operation. The authors note that PA103 was brought down shortly after the election of ex-CIA chief George Bush, father of the current US president, when exposure of CIA drug running would have been highly embarrassing.

Those who have made allegations of possible CIA involvement include an ex-Mossad spy, Juval Aviv, hired by Pan Am to investigate the destruction of its aircraft, an erratic ex-US spy Lester Coleman, who at one point sought political asylum in Sweden, William Chasey, a Washington DC lobbyist, and Time journalist Roy Rowan.

Ashton and Ferguson trace the development of the official position of blaming Libya for the bombing. Bush called Margaret Thatcher in early 1989 asking for the inquiry to be “toned down”, at a time when Syria and the PFLP-GC were favoured suspects. Just over two years later, on November 14, 1991, simultaneous indictments were brought by the Scottish Crown Office and the US State Department against Libyan airline staff al-Megrahi and Lamen Fhimah. Days later, Bush announced that Syria, which had acquiesced in the 1991 US attack on Iraq, had taken a “bum rap”. The State Department put out a fact sheet to justify the change of position, claiming that previous pointers to the PFLP-GC and Syria had been cunning ruses by the Libyan government. UK Foreign Secretary Douglas Hurd said that no other countries besides Libya were targets for investigation. Four days later, the last Western hostages, including the Archbishop of Canterbury’s special envoy, Terry Waite, were released from Beirut.

The authors thereafter recount the official line that the bomb, equipped with an MST-13 timer from MeBo of Zurich, was loaded in a Samsonite suitcase packed with clothes, which was inserted by Libyan agents onto flight KM180 from Luqa airport in Malta, transferred at Frankfurt to a feeder flight for PA103, and then shuttled to Heathrow, where it was loaded on the fated Boeing 747. This was the case presented in the Camp Zeist trial.

Ashton and Ferguson carefully summarise the numerous problematic aspects of all the prosecution evidence at the trial; the dubious visual identification of al-Megrahi by Maltese shop owner Tony Gauci; the contradictory and bizarre ramblings of CIA spy Abdul Majid Giacka, the so-called “star witness” at Luqa airport whose evidence collapsed in court; the contested luggage records at Frankfurt airport; and the claim by MeBo owner Edwin Bollier that he had been approached by the CIA and encouraged to frame Libya, and that the CIA had had an MST-13 type timer in their possession before 1988.

At Camp Zeist, the trial was in danger of disintegrating. By November 2000 few observers, including the book’s authors, expected anything other than an acquittal, or a not proven verdict which is available under Scottish law. But the verdict delivered on January 2001, which admitted that the prosecution case was full of holes and based on circumstantial inferences, nevertheless found al-Megrahi guilty, while his only alleged accomplice Fhimah, was acquitted.

Ashton and Ferguson by no means completely exonerate Libya or al-Megrahi. They note that his refusal to account for his activities on 20 December 1988 and his visit to Malta using a false passport cannot be dismissed. Trial evidence suggests that al-Megrahi indeed worked for Libyan intelligence and he has, so far, offered no explanation as to why he chose not to take the stand to defend himself. Many aspects of the whole business remain to be uncovered.

What the authors do is to cite 25 questions to which any genuinely independent inquiry must seek answers. These include:

* the circumstances of the warnings given prior to the disaster.

* the circumstances of the booking changes for Pik Botha’s entourage, and McKee and Gannon.

* the drug and cash finds at Lockerbie.

* the possibility of an extra body, the circumstances under which bodies were moved, and the circumstances of wrong police evidence given against David Fieldhouse at the 1989 Fatal Accident Inquiry.

* why Transport Secretary Paul Channon was able to announce that arrests were imminent and why Margaret Thatcher blocked a full judicial enquiry?

* the relationship of the British MI6 to the Iran Contra deals and why was the Foreign office official in charge of liaising with the US on Iran-Contra, Andrew Green, was put in charge of the Lockerbie investigation.

* the role of the CIA and MI6 in hostage deals made after the exposure of Iran Contra in 1986 and 1991.

* why Juval Aviv and others were never interviewed by the investigation authorities about the bombing. What were the circumstances of legal cases brought against Aviv and others?

* why did it take a year for the MeBo circuit board to be discovered, what were the circumstances of its discovery, and what were the connections between MeBo’s Edwin Bollier and the CIA?

* why did the CIA and the Scottish Lord Advocate seek to block access to CIA cables that were helpful to the defence?

Under conditions where the US government is refusing to investigate its own intelligence failures leading up to the September 11 terror attacks, any exposure of a possible CIA role in aircraft terrorism clearly assumes great significance. Earlier this year, al-Megrahi’s appeal against his conviction was thrown out, despite defence evidence that made a strong circumstantial case for the bomb having been loaded at Heathrow airport in London.

Following Tam Dalyell’s question in parliament, on March 26, there is a suggestion that police evidence relating to Lockerbie is being destroyed, and that yet another suitcase owned by another Special Forces member, Joseph Patrick Murphy, was at one point early in the investigation thought to contain the bomb.

Without making wild or unsustainable accusations, and despite serious political limitations, Ashton and Ferguson have provided an essential reference for anyone seeking to understand why a Boeing 747 should explode in mid-air killing hundreds of ordinary air travellers, and yet, more than 13 years later, there is still no generally accepted explanation of why it happened and who was responsible.

US hounds accusers over claims of Lockerbie crash cover-up

[This is the headline over an article by Ambrose Evans-Pritchard that was published in issue 688 of the Electronic Telegraph on this date in 1997. As reproduced on the website DCDave.com it reads as follows:]

The US Justice Department appears to be waging a campaign of persecution against those who have challenged the official explanation of the Lockerbie disaster.

The FBI has used its immense power to sift through the background of whistle-blowers, investigators, and their employers, searching for vulnerabilities that could be exploited in a criminal prosecution.

The chief targets have been those who allege that the bombing of Pan Am 103, which took 270 lives on Dec 22, 1988, was an Iranian-Syrian plot that exploited a security breach in a bungled CIA operation. The US government says this is a conspiracy theory cooked up by the US Aviation Insurance Group (USAIG), the underwriters for Pan Am, to try to avoid liability for up to $500 million in damages for families of the victims. Both the US and British authorities insist that the bombing was the work of Libyan terrorists.

Insurance disputes of this kind are typically adjudicated in civil court. But the Justice Department began an extremely aggressive criminal investigation of Pan Am's lawyers and insurers. The investigation, begun in 1992, was unable to muster evidence of a conspiracy to obstruct justice in the Lockerbie case. But after broadening the scope of its inquiry the FBI managed to sustain a case of fraud against the former chairman of USAIG, John Brennan. This involved insurance claims over a 1987 crash of a USAir commuter plane. Brennan was convicted in July 1996. He is expected to be sentenced later this month. USAIG has accused the government of engaging in a malicious vendetta.

The Justice Department was less successful in its efforts to destroy Juval Aviv, an expert on terrorism employed by Pan Am's insurers to investigate the bombing. He was acquitted on federal charges of fraud last December after an ordeal lasting more than four years. Aviv, head of a New York security firm, Interfor, was indicted in 1995 for supposedly defrauding a client, General Electric, in a minor security contract involving a fee of $20,683.

But General Electric had never issued a complaint. FBI agents nevertheless visited Aviv's clients demanding files. They were the same agents, Chris Murray and David Edward, who had conducted the Lockerbie investigation. "The whole thing was obviously trumped up in revenge for his role in the Pan Am 103 disaster case," said a juror afterwards.

Aviv has now filed a claim alleging malicious prosecution, violation of constitutional rights, and the launch of a campaign to discredit him "in retaliation for his report to Pan Am".

It was Aviv's report in 1989 that first sketched the outlines of a cover-up. He claimed that a rogue CIA unit had allowed a Syrian drug ring to smuggle heroin on Pan Am flights from Frankfurt to New York. He said this was to gain help in the release of US hostages in Lebanon. But the operation was penetrated by Iranian-backed terrorists who exploited the Pan Am channel to plant a bomb on flight 103.

"Aviv stirred up a lot of trouble, playing on the emotions of the families," said Vincent Cannistraro, former chief of counter-intelligence for the CIA. "He goes around saying that he used to be a member of Mossad, but the office of the Israeli prime minister has written a letter denying it. The man's a fraud."

But documents introduced at his trial paint a more complex picture. An internal FBI memo, marked secret, confirmed his "past association with the Mossad". Other documents corroborated his claim to have served as a security consultant to the FBI, Secret Service and other US agencies. Aviv believes that he was indicted in 1995 to destroy his credibility just as claims of a Lockerbie cover-up were gathering momentum. A film that supported his theories, The Maltese Double Cross, was about to be shown in Britain for the first time. It was never broadcast, but families of the victims had a private screening.

The US embassy in London, joined by the Crown Office, went on the offensive, calling him a "fabricator ... recently arrested in the US for defrauding an American company".

The same treatment was meted out to another source for the film, Lester Coleman, who had worked for the US Defense Intelligence Agency. The embassy said he was "a fugitive from justice, wanted in the US for perjury related to the Lockerbie case and for passport fraud".

Coleman was indicted in 1993, four days before the British launch of his book, Trail of the Octopus - still unpublished in the US - confirming that the American government was indeed running "controlled" heroin deliveries from Lebanon on Pan Am flights out of Frankfurt.

He returned to the US from exile in Sweden last year to clear his name and now awaits trial in New York. The US government's actions clearly indicate that something is amiss in the Lockerbie case. Fabricators are usually ignored, so perhaps it is time to pay closer attention to the charges of Juval Aviv, Lester Coleman, and apostles of the "Syrian Connection".