MacAskill reiterates belief Megrahi involved at "low level"

[What follows is excerpted from a long article about former Cabinet Secretary for Justice Kenny MacAskill published on the website of Holyrood magazine on 15 January:]

MacAskill was perceived by some as a solid pair of hands in justice, to others as far too close to its institutions, but he came to global prominence in 2009 when he made the decision to release the so-called ‘Lockerbie bomber’, Abdelbaset al-Megrahi, from prison on compassionate grounds so he could return to Libya to die having been diagnosed with prostate cancer.

MacAskill took sole responsibility for the controversial decision and delivered it to a specially recalled parliament with all the gravity of a Presbyterian minister giving a sermon. He said Megrahi faced a sentence imposed by a “higher power”, adding: “It is one that no court, in any jurisdiction, in any land, could revoke or overrule. It is terminal, final and irrevocable. He is going to die.”

It felt at the time that the decision to free Megrahi was a truly momentous one and that the eyes of the world were on Scotland. Opprobrium was heaped on the justice secretary from the relatives of the US victims of the bombing and political figures, including President Obama and the then Secretary of State Hillary Clinton, spoke out against it. (...)

Almost 35 years to the day that Pan Am Flight 103 came down over Lockerbie, I ask MacAskill how heavy that decision had weighed on him.

“It didn’t, I just did what was my job to do,” he says, dismissively, in his distinctive sing-song tone. “I remember going to speak to special advisers when we found out Megrahi was ill and it was all agreed this would be my decision alone, you could lose a cabinet secretary, but you cannot lose the government. So that put a firewall around it in terms of the correct procedures. You also have to remember, it was actually a very short period of time because although he was diagnosed earlier, there was a frenetic summer that basically went, June, July, and that was it, it was over. (...)

“At the end of the day, I stand by the decision I made. I think history has proven that, and Abu Agila Masud is currently in a US prison having been charged with making the bomb. The only thing that continues to irritate me is those that view Megrahi as some, you know, Arab saint – he was involved. He was low level, he was the highest-ranking Libyan that the Libyans were prepared to hand over, and he was the lowest down the rung that the West was prepared to accept. But he was released following all the rules and guidance and on a point of principle. He lived longer than expected, which caused some difficulties, but equally, that was because he was getting treatment that we didn’t offer on the NHS and, more importantly, as everybody knows, if you’ve got a reason to live, then you do live longer, as opposed to being sad in a lonely prison cell on your own and you turn your face to the wall. I’ve seen that with family in hospital, they just decide life isn’t for them, and so that’s what happened. I have no doubts that the right decision was made, none.”

[RB: Kenny MacAskill's contention that Megrahi was involved in the Lockerbie bombing, albeit at a low level, has been advanced by him before. A detailed rebuttal can be found here: The unravelling of Kenny MacAskill ... and the case against Megrahi.]

Release of Megrahi was approved in free vote in Scottish Parliament

[What follows is excerpted from a column by Kevin Pringle published yesterday on the website of The Courier:]

Free votes are a rarity in the Scottish Parliament.

I recall one in 2009 about the compassionate release of Abdelbaset al-Megrahi, the only person convicted for the bombing of Pan Am Flight 103 in the sky above Lockerbie in December 1988.

The reason SNP MSPs were not whipped on that occasion was because the decision to send Mr Megrahi back to Libya, resultant from his terminal cancer diagnosis, was taken by the then Justice Secretary, Kenny MacAskill, acting in a quasi-judicial capacity.

Strictly speaking, it wasn’t a collective government decision.

Even so, every SNP MSP rallied behind Mr MacAskill, amid the storm of controversy that erupted at home and abroad, particularly in the US.

Rather than any fragmentation in the SNP’s ranks, the vote saw a Labour MSP, Malcolm Chisholm, split off from his party colleagues to endorse the release of Mr Megrahi.

The story underlines the extraordinary unity of purpose that has characterised the SNP since coming to office at Holyrood more than 15 years ago.

Overwhelmingly, this cohesion continues to define the party, both within and outwith the Scottish Parliament.

Nonetheless, the dissent over the Gender Recognition Reform Bill last Thursday was a significant moment. (...)

Unlike the compassionate release of Mr Megrahi all those years ago, reforming gender recognition legislation is formally a Scottish Government proposal – reflecting a pledge in last year’s SNP manifesto. (...)

Both the First Minister, and those SNP MSPs who choose to challenge her on this Bill, have a point.

When I read the manifesto last year, I thought it was worded like that to pave the way for a compromise on the issue.

Clearly not.

And yet in the coming weeks it may be amended at stages 2 and 3 of Holyrood’s legislative process, so that it doesn’t give any of the entrenched campaigners everything they want, but in its final form is safe and something most folk can live with.

Former Gaddafi aide 'never doubted that Megrahi was innocent’

[What follows is taken from a report by Greg Russell in today's edition of The National:] 

A Jordanian business-woman who was Colonel Muammar Gaddafi’s chief troubleshooter and fixer for more than 20 years has said she never doubted that Abdelbaset al-Megrahi was innocent. 

Daad Sharab visited the only man convicted of the Lockerbie bombing several times during his time in prison. 

Sharab has told how the Libyan leader appeared not to recognise al-Megrahi when she showed him a picture of the two of them taken when she visited him in Glasgow’s Barlinnie prison. 

However, she said that when she told Gaddafi of his countryman’s dismay about the passing years and apparent inaction by the Libyan government, he told her: “Meet him again. Tell him that I received his message and I will find a solution. Tell him that I promise he will be home soon.” 

From that moment, Sharab said he did everything possible to keep the spotlight on the case, funding lawyers for his appeal and paying for investigators to gather new evidence. 

Her narrative comes in an autobiography, The Colonel and I: My Life with Gaddafi, due to be published next week – 10 years after Gaddafi was killed in his home city of Sirte during the Arab Spring uprisings – and to which The Sunday National has had access. 

Professor Robert Black QC, the architect of the Camp Zeist trial in the Netherlands, where al-Megrahi was convicted and his co-accused Al-Amin Khalifa Fhimah cleared, told this newspaper it strengthened his belief that al-Megrahi was wrongly convicted. 

He said: “What Daad Sharab says completely matches the views that I formed through my many meetings with Libyan government officials, including Gaddafi himself, my meetings over many years with the Libyan and Scottish lawyers representing al-Megrahi, and in the course of my one meeting (in HMP Greenock) with al-Megrahi himself. 

“It reinforces my view that al-Megrahi was not only wrongly convicted but had no involvement at all in the Lockerbie bombing. 

“It remains a disgrace that the Scottish criminal justice system has failed to rectify this clear injustice.” 

Sharab said the Lockerbie bombing was the single issue that most occupied Gaddafi’s mind and, in 2003, she was sent to Scotland to meet Megrahi. 

She said he had been supported by a small Libyan government office in Glasgow, and when she arrived one of the staff took her to Barlinnie, where a prison guard ushered her into a small room, where “a bespectacled man, in his early 50s with grey flecks in his brown hair and wearing a baggy tracksuit” was sitting in one of the room’s two chairs. 

“Before him there’s a large file of documents and as I enter he stands to shake my hand,” she said. “His grip is gentle and he appears a little nervous. When he speaks it’s almost in a whisper, although we are not being overheard.” 

She said Libya had always regarded him as a sacrificial lamb, with the West needing someone to blame to be able to claim justice had been done and Gaddafi seeking a way out of the mess of sanctions. This benefited everyone except for al-Megrahi and his family. 

“In the West there was growing unease about the safety of his conviction, and the expectation in Libya was that he would soon be coming home,” said Sharab. 

“Britain wanted rid of him but, unusually, was in disagreement with the US which was taking a much harder line.” 

Al-Megrahi said he had not been coerced by Gaddafi to hand himself in for trial, said Sharab, but she said the pressure must have been unbearable because solving the Lockerbie problem was key to Libya’s future relations with the US and Britain, as well as securing the removal of sanctions against the country. 

The compromise entailed handing over the two accused for trial at a neutral venue, agreeing that Libya paid $2.7 billion (£1.9bn) in compensation and a “carefully worded statement” in which she said: “Libya ‘accepted responsibility for the actions of its officials’ but did not admit guilt for bringing down Pan Am Flight 103 in 1988. 

“It was often wrongly interpreted as a full admission, but anyone reading the words closely could see that was not the case. It was a fudge and, in my view, represented diplomacy at its most cynical. 

“Libya bought peace with the West, which framed an innocent man.” 

Sharab said that when the January 2001 verdict was delivered by three Scottish judges, she was in Tripoli, where Gaddafi told her: “It’s what I expected. They could not lose face by releasing both men.” 

Al-Megrahi felt let down by his country, she said, and urged her to use her connections with the royal family of Jordan. He gave her a letter to King Abdullah, protesting his innocence and pleading to be transferred to a prison in any Arab territory until he was proved innocent. 

In 2005, Megrahi was transferred to Greenock prison where he served the rest of his sentence while battling depression and then prostate cancer, before being released on compassionate grounds by then Scottish justice secretary Kenny MacAskill, who told The Sunday National: 

“It confirms the international nature of the tragedy and the role that oil played in UK/USA attitudes. 

“I agree that Megrahi wasn’t the bomber but he had a role in the action perpetrated by Libya.” 

The pressure group Justice for Megrahi (JFM) said there was nothing Sharab had written that contradicted their position over the years, and her first-hand account of the stance of Gaddafi and Abdullah Senussi, Libya’s intelligence chief, lent weight to their position. 

JFM said: “On many levels The Colonel and I provides us with a fascinating and plausible insider’s insight into the culture and philosophy of the Gaddafi regime and reveals how the dictator was wooed by the oil hungry British and American leaders like Tony Blair and George Bush. 

“Sadly, after 33 years, Scotland’s Court of Appeal appears more interested in obscure points of law than in removing this indelible stain on the Scottish justice system.” 

For Sharab, and others, one burning question remains – if al-Megrahi was innocent, who brought down Pan Am flight 103? 

“At the time of the Lockerbie bombing there were loose alliances between various states and organisations,” she said. 

“They were generally opposed to the ideals of the West, and pooled resources … I don’t carry a smoking gun but al-Megrahi, who knew the case inside out and had access to Libya’s files on Lockerbie, was convinced that it was a joint enterprise between Iran, Syria and the Popular Front for the Liberation of Palestine (PFLP).

“The shooting down of the Iranian passenger jet by the American warship Vincennes, six months before Lockerbie, was too much of a coincidence. 

“It was the crucial link, but by the time the evidence began to stack up no one wanted to point the finger at Iran or Syria, who had helped Western coalition forces in the first Gulf War … Sadly I never got the opportunity to see al-Megrahi following his release but I know he intended to present fresh evidence at his appeal, insisting he had nothing to fear or hide. 

“He said: ‘I had most to gain and nothing to lose about the whole truth coming out’.” 

[A more general article by Greg Russell on the book also appears in today's edition of The National under the headline Colonel Muammar Gaddafi memoir author: ‘Judge him for yourself’.]

A self-blinded justice system

[What follows is from an email sent today by Jim Swire to a friend and supporter. It is reproduced here with Dr Swire's consent:]

There has been one quotation that I have been strengthened by throughout the last 35 years. It's from John Donne:

                                                     On a huge hill,
Cragged and steep, Truth stands, and he that will
Reach her, about must and about must go,
And what the hill's suddenness resists, win so.
Yet strive so that before age, death's twilight,
Thy soul rest, for none can work in that night.

I fear that the message of the last two lines is now upon us.

As for American contributions to the deception, I have long believed that there is no way we can puncture that bubble, fragile though it is.

For us, ... and so many others, now knowing the broad picture of the truth, is part of the healing process. But that healing is so severely damaged by the strutting pomposity of most of those who trumpet that the case is solved when so many of them must know it clearly is not.

Nor can we get away from the fact that a great deal of further evil has been unleashed upon the world by the obstruction to allowing the truth to get out. That obstruction has fostered some of the most malevolent characters in the terrorist world by shielding them from the threat of prosecution and has destroyed for a generation any prospect of peaceful progress for nearly seven million Libyans. By protecting the Ayatollahs of Iran from investigation the obstruction must also have reinforced the horrors that eighty three million ordinary people in Iran will have to face if they are ever to shake off the bands of religious impenetrability. Through ‘faith’ religious belief is used as a ‘reason' for abandoning the need to look with honesty at developments in the one world we actually live in, and some of whose intrinsic laws we are privileged to know.

A good example of such an individual was the policeman [Stuart] Henderson, who before he died said publicly in front of the US relatives  that he would like to wring the neck of anyone who disagreed with the Scottish police findings in the case. He is now dead but the consequences of his force’s mistakes continues to blight and sometimes destroy all those lives in Libya.

A self-blinded ‘justice' system in Scotland together with a police force there which has also been blinded to the failure of its own hypothesis, partly through a deeply flawed verdict, partly by unjustified belief in their own infallibility, sails on. Like their  justice system, that force will not listen to their voices when people originally with no axe to grind are raised in dissent. 

However, John Mosey and I along with other UK relatives of the innocent dead have always wanted to force something of benefit for the future to emerge from that horrible toll of avoidable deaths at Lockerbie. That is worlds away from a desire for revenge against those who got things so grotesquely wrong in the investigation, many of whom are now dead anyway. 

Now common sense (if I may be allowed so vague an entity at all) suggests to me that Henderson and his men fell into a deliberate trap set for the searchers by Ahmed Jibril in Damascus, in case any forensic evidence should fall into their hands after the crash, and that trap of course was the clothing readily traceable to Malta, inserted into the bomb suitcase. Common sense can also be stretched a little further to suggest that Abu Talb from the Jibril team was the probable buyer and provider of those clothes as part of Jibril's carefully organised plot.

The headlong chase to Malta which had to be based on the transfer of the bomb at Luqa (false), the transfer of a bag from the Air Malta flight to PA103A at Frankfurt (false) the transfer of the bag from PA103A to PA 103 at Heathrow (false) and the allegation that a MEBO MST13 timer had been used (false: based on a carelessly and fraudulently introduced fragment of circuit board clearly copied from the pattern of an MST13 board, but manufactured after the industry had switched to using lead-free plating technology in the early 90s).

Then one cannot ignore the concealment from the trial by the Crown Office prosecution team of the Metropolitan Police's findings of an airside break-in at Heathrow. We know that the Scottish police were informed of the Met’s findings by February 1989. Whether or not that break-in was the route by which the bomb came to be put aboard at Heathrow we cannot know, (and the proximity of Iran Air personnel adjacent to Pan Am provides an alternative route), but the break-in and its concealment from the trial court looks mighty like the deliberate removal of an obvious ‘reasonable doubt', which any criminal court ought to have had the opportunity to evaluate as the case unfolded in front of it.

Unfortunately however, failure to identify Iran as the initiating country skews the interests of justice between the nations if indeed there is any. 

But perhaps we should leave to Scotland’s friends from “ the auld alliance”, her own poet Robbie Burns, to her philosopher David Hume to a recent Scottish Justice Secretary and also to a scion of the cream of British diplomacy, the last words.

Here’s freedom to him that wad read,
Here’s freedom to him that wad write,
There’s nane ever fear’d that the truth should be heard,
But they whom the truth wad indite. -- Robert Burns																										
				
There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice. -- Montesquieu

In our reasonings concerning matters of fact, there are all imaginable degrees of assurance, from the highest certainty to the lowest species of moral evidence. A wise man, therefore, proportions his belief to the evidence. ― David Hume, An Enquiry Concerning Human Understanding

The Scottish Criminal Case Review Commission’s decision to refer the Megrahi case back to the courts really isn’t a surprise. Issues of concern in the Lockerbie bombing trial include not least the witness payments to Tony Gauci. So back the case goes and while it may resolve some aspects relating to Abdelbaset al-Megrahi, I won’t hold my breath that it’ll cast any more light on Lockerbie. Sadly, this review will clarify some questions regarding Megrahi, but I very much doubt it’ll provide closure on Lockerbie.
Kenny MacAskill — Former Cabinet Secretary for Justice (2007–2014)

No court is likely get to the truth, now that various intelligence agencies have had the opportunity to corrupt the evidence.
Oliver Miles — Former British ambassador to Libya

Megrahi petition to be considered by Scottish Parliament Justice Committee

Justice for Megrahi's petition PE1370 is on the agenda for the virtual meeting of the Scottish Parliament's Justice Committee to be held tomorrow, Tuesday 02 March, at 10.30. The meeting will be broadcast on www.scottishparliament.tv. What follows is Justice for Megrahi's submission to the committee.

On 28th June 2011 the Public Petitions Committee referred the Justice for Megrahi (JfM) petition PE1370 to the Justice Committee for consideration. Its terms were as follows.

‘Calling on the Scottish Parliament to urge the Scottish Government to open an independent inquiry into the 2001 Kamp van Zeist conviction of Abdelbaset Ali Mohmed al-Megrahi for the bombing of Pan Am flight 103 in December 1988.’

On 6th June, 2013, as part of its consideration, the Justice Committee wrote to Kenny MacAskill MSP, then Cabinet Secretary for Justice, asking for the Government’s comments on our request for a public enquiry. In his reply of 24th June 2013, while acknowledging, that under the Inquiries Act 2005, the Scottish Ministers had the power to establish an inquiry, he concluded:

‘Any conclusions reached by an inquiry would not have any effect on either upholding or overturning the conviction as it is appropriately a court of law that has this power. In addition to the matters noted above, we would also note that Lockerbie remains a live ongoing criminal investigation. In light of the above, the Scottish Government has no plans to institute an independent inquiry into the conviction of Mr Al-Megrahi.’

As you are aware the above petition was first heard by the Justice Committee on 8th November 2011 and has been kept open by the committee to allow various developments related to the Lockerbie case to be monitored.

On 6 March 2020 the Scottish Criminal Cases Review Commission (SCCRC),following a submission by the Megrahi family, referred the case back to the Court of Appeal.

On 15 January 2021 that court dismissed the appeal and upheld the original conviction. Aamer Anwar, the Megrahi family lawyer, has stated that the family willnow appeal to the UK Supreme Court and will continue pressing for the UK government to release a secret document thought to implicate Iran and a Palestinian terror group.

The Crown Office, Police Scotland and the American law enforcement authorities have all confirmed that the investigation into the bombing remains open and that leads are being actively pursued.

As the Cabinet Secretary for Justice stated on 24th June 2013, the decision whether an independent inquiry should be held in Scotland depends on the criminal investigation being completed and matters having been fully determined judicially. Until this happens we believe it is vital that our petition remains under consideration in the Scottish Parliament.

Deep controversy still surrounds the whole circumstances behind the investigation of the Lockerbie bombing and the conviction of Abdelbaset Ali Mohmed al-Megrahi and until fully resolved this tragedy will continue to cast a shadow over the Scottish justice system nationally and internationally.

We greatly value the Justice Committee’s continuing scrutiny and political oversight, which we believe is very much in the public interest, and we would respectfully urge the Committee to allow Petition PE1370 to remain on the table.

UPDATE 02 March 2021

The Scottish Parliament's Justice Committee at this morning's meeting decided unanimously to keep Justice for Megrahi's petition open. It will remain on the new committee's agenda following the Holyrood election in May. There were strong supporting speeches from a number of committee members. A video of the proceedings can be viewed here.

System cannot admit it made mistake with Lockerbie

[Yesterday's decision by the High Court of Justiciary dismissing the posthumous appeal on behalf of Abdelbaset Megrahi receives extensive coverage in UK and overseas media. A selection, courtesy of Google News, can be found here. 

What follows is excerpted from reports by Mike Wade here and here on the website of The Times:]

An attempt by the family of the only man convicted of the 1988 Lockerbie bombing posthumously to clear his name has been rejected by the Court of Criminal Appeal in Scotland.

The family of Abdul Ali Baset al-Megrahi had appealed his conviction after a ruling by the Scottish Criminal Cases Review Commission (SCCRC) that “it was in the interests of justice” that his case was reconsidered.

Mr Anwar said that Ali al-Megrahi, the convicted man’s son, said that his family had been “left heartbroken by the decision of the Scottish courts, (but) maintained his father’s innocence and is determined to fulfil the promise he made to clear his name and that of Libya”.

The family has instructed its legal team to appeal to the UK Supreme Court and an application will be lodged within two weeks. (...)

Megrahi previously lost an appeal against his conviction in 2002. Five years later the SCCRC recommended that he should be granted the second appeal, which he later dropped.

Al-Megrahi insisted in his authorised biography, published in the year of his death, that a Scottish government decision to agree his early release from prison was conditional on his decision to drop his second appeal.

He said that Kenny MacAskill, who was then the Scottish justice secretary, had suggested the deal to a Libyan government official.

In the latest appeal the court was not asked by the SCCRC to consider a tiny fragment of circuit board, believed to have been from the bomb’s timer. This, campaigners insist, was a key piece of evidence that could have cleared al-Megrahi’s name.

After this morning’s decision the al-Megrahi family demanded the release of secret evidence held by the UK government that they believe incriminates others such as Iran and a Syrian-Palestinian group. (...)

In December, on the 32nd anniversary of the bombing, William Barr, the US attorney-general, announced new criminal charges against an alleged bombmaker involved in the atrocity.

Abu Agila Masud, another former Libyan intelligence officer, allegedly admitted to assembling the bomb that blew up the plane as it passed over Lockerbie en route from London to New York. Masud was the third person to face charges in the attack after al-Megrahi and another Libyan, Lamin Khalifa Fhimah, were charged nearly 30 years ago. Fhimah was found not guilty in 2001.

It was Mr Barr who announced the charges against al-Megrahi and Fhimah in 1991, saying at the time: “This investigation is by no means over.” Al-Megrahi’s supporters claim that Mr Barr’s recent intervention weighed heavily on the appeal court judges.

A source said: “For the judges to overturn the conviction would be absolutely momentous and I don’t think they have the stomach for that. William Barr piled on the pressure by announcing new indictments. It was too much of a hot potato for them.”

Mr Anwar said the first ground for appeal — that “no reasonable jury properly directed could have convicted” — was built largely around the evidence of Tony Gauci, who died in 2016.

In the 2001 trial, Mr Gauci, a Maltese shopkeeper, identified al-Megrahi as the man who bought clothes from him that were later packed in a suitcase containing the bomb. After the trial it was disclosed that he had received $2 million from the US authorities.

In his judgment Lord Carloway said the original trial had given due consideration to Mr Gauci’s identification.

Mr Anwar said the second ground of appeal — the failure to disclose information to the defence — hinged on a “compatibility issue” arising from a question relating to a breach of human rights. This will be the basis for the application to the Supreme Court.

[A further article in The Times, headlined System cannot admit it made mistake with Lockerbie, says lawyer who designed first trial contains the following:]

The Scottish court system is unable to acknowledge that a mistake has been made, the lawyer who designed the 2001 Lockerbie trial has said.

Robert Black, emeritus professor of Scots Law at the University of Edinburgh, drew up plans to enable a Scottish court to sit on neutral territory in the Netherlands but when the trial ended he was convinced that he had witnessed a miscarriage of justice.

He said yesterday that the Scottish criminal justice system was unable to acknowledge “a mistake has been made” in the conviction of Abdul Baset al-Megrahi and it was “a matter of grave concern” that the most recent appeal had been so narrowly restricted to certain legal areas. The Scottish Criminal Case Review Committee allowed al-Megrahi’s posthumous appeal on only two grounds: that the verdict had been unreasonable and that some evidence had not been disclosed to the defence.

Four other grounds for appeal were rejected by the committee, including evidence about a fragment from a circuit board and a theory that the suitcase that contained the bomb had not been loaded onto an aircraft in Malta.

The Crown argued that the circuit board, part of a timing device, was one of many sold to the Libyan government by Mebo, a Swiss company. It was found in the remains of a shirt collar, which in turn led to a shop in Malta owned by Tony Gauci. Campaigners for al-Megrahi say forensic analysis has shown the circuit board was coated in pure tin and not in a tin-lead alloy, the only kind supplied by Mebo. Independent scientists, consulted by the Crown, had noticed the difference but maintained the tin fragment and the tin-lead amalgam were “similar in all respects”.

Professor Black also cited evidence the bomb suitcase was put on at Heathrow before luggage from Malta arrived.

“Is this an American attempt to influence the judges?"

[What follows is excerpted from an article by Tom Peterkin in today's edition of The Press and Journal:]

The FBI agent who led the original Lockerbie investigation has revealed the atrocity’s latest suspect was on his “radar” 30 years ago but there was a struggle to prove the case against him.

Richard Marquise said it was strongly suspected Abu Agila Mohammad Masud was the “technician” responsible for the bomb that killed 270 people in the worst terrorist outrage committed on UK territory.

Mr Marquise was reacting to reports suggesting that US prosecutors will seek the extradition of Mr Masud and he will be charged in a matter of days, to stand trial in America.

As the man who led the US side of the inquiry into the bombing, Mr Marquise welcomed reports that Mr Masud could face justice, claiming any progress would be appreciated by the families who lost loved ones on Pan Am Flight 103.

“If there is going to be another trial, I’m sure the families will be… I’m not going to use the word thrilled…. because it doesn’t bring a loved one back. But I am sure they will be grateful,” Mr Marquise said. (...)

“He’s been on my radar for around 30 years,” Mr Marquise said. “He was someone we were very interested in, but we never quite found out who he was. The Libyans disavowed any knowledge of him. We knew he existed but he was never really identified.

“Back in 1991, we knew his name. We knew what he looked like and we knew what he allegedly was responsible for. He was the technician.”

The retired FBI agent added: “In my mind I always felt he was connected to it somehow But we didn’t have the clues to prove it.”

Kenny MacAskill, the former Justice Secretary who controversially released Megrahi on compassionate grounds, agreed.

“He was the one with the skills. He was on the original indictment, I’m led to believe. So he was always a wanted man,” Mr MacAskill said. “The idea that Megrahi did this on his own was absurd.”

Reports from the other side of the Atlantic suggest Mr Masud had been in custody in Libya on unrelated charges but his current whereabouts are unknown.

Since Mr Marquise’s official involvement in the investigation, there have been some developments. At the forefront of these have been the work of Ken Dornstein, a journalist whose brother David was on the London to New York flight.

In 2015 Mr Dornstein produced a investigative documentary, Lockerbie: My Brother’s Bomber, which linked Mr Masud to the bombing of Berlin’s La Belle nightclub in 1986.

Mr Dornstein interviewed a Libyan intelligence officer who said Mr Masud was involved in the bombing before the unification of Germany, which killed two US servicemen.

The same source alleged Mr Masud, by then in jail in Tripoli, was involved in the Lockerbie bombing and said he was still alive.

Mr Dornstein also claimed Mr Masud met Megrahi after the latter was freed from a Scottish jail in 2009 and given a hero’s welcome when he landed back in Libya. (...)

Mr MacAskill has already made it plain that he believes that people other than Megrahi should be held to account for the bombing.

“Question arise as to why, if they are going for Masud, aren’t they going for Senussi?” asked the former Justice Secretary. 

Mr MacAskill was referring to Abdullah Al Senussi, the late Libyan dictator Colonel Gaddafi’s brother-in-law and former spy chief who has long been associated with the crime. (...)

“I heard over recent years the view of the Libyans was they don’t like Senussi and they don’t like Masud, but giving them up to the Americans is a step too far,” Mr MacAskill said.

“I think this is probably the juncture for Britain and America to be a bit more open in information they do have and produce it, as opposed to hiding it.”

What can be read into the timing of Masud’s extradition?

That is an interesting question, according to Professor Robert Black, an the Edinburgh University legal academic who has been a keen student of the Lockerbie case.

Professor Black is regarded as the architect of the Scottish court that was set up in Camp Zeist, Netherlands, to try Megrahi and his co-accused, Al Amin Khalifa Fhimah, who was found not guilty.

“I wonder…. why now?” asked Professor Black. “Masud’s name has featured in the Lockerbie case since the very beginning, when charges were brought against Megrahi and Fhimah in 1991.”

“I think the answer to that is William Barr, the US Attorney General, is wanting to go out with a bang.”

This week it was announced that Mr Barr, who has been one of Donald Trump’s staunchest allies, is to step down as head of the US’s Justice Department.

Professor Black pointed out that Mr Barr was actually acting Attorney General way back in 1991 and was the one to announce that Megrahi and Fhimah were being charged.

“Now that he’s about to leave the scene, I think he wants to go out and his name to be remembered: Lockerbie at the beginning and Lockerbie at the end,” Professor Black said. (...)

Professor Black, who has long argued that Megrahi should not have been convicted on the evidence brought before Camp Zeist, suggested cynics might view attempts to extradite Musad as an attempt to make an impact on the appeal process.

“The other possibility is that it is a blatant attempt to influence the Scottish judges because they have got the latest Megrahi appeal before them and we await their judgement,” Professor Black said.

The argument would be that the existence of another high-profile Libyan suspect, alongside Megrahi, would back up the case for Libyan involvement in the crime.

“Is this an American attempt to influence the judges to uphold the Megrahi conviction? That’s a very, very cynical view.”

But cynicism was how the development was greeted by Megrahi family’s lawyer, Aamer Anwar.

“It’s difficult not to be cynical about the motivation of the Americans, that on the eve of the anniversary of the Lockerbie bombing as well as the appeal decision, the US now wish to indict an individual, 32 years after the bombing, what exactly have they been doing up until now?” said Mr Anwar

“Why would the Attorney General William Barr wait until just as he is about to step down from the Justice Department, considering that he was involved with this case since 1991.”

Shame on those who accused their country without understanding the facts of the case

[What follows is a translation by the distinguished Libyan journalist and analyst Mustafa Fetouri of a comment posted by him on his Facebook page after the announcement of the SCCRC's reference of the Megrahi conviction back to the High Court of Justiciary. I am grateful to Mr Fetouri for allowing me to reproduce it here.]

The SCCRC has decided to allow al-Megrahi’s appeal to go ahead three years after his family requested it and eight year after he passed away.

The SCCRC admitted the appeal on two grounds one of which is very critical: that al-Megrahi was the person who bought the clothes found in bag that was said to have carried the bomb from Frankfurt to London en route to JFK in New York.

The SCCRC said that the verdict was “unreasonable” since “no reasonable trial court could have accepted that Mr Megrahi was identified as the purchaser".

As we recall Tony Gauci, co-owner of Valetta clothes shop claimed that al-Megrahi was the one who bought the clothes but years after the conviction of al-Megrahi it turned out that Mr Gauci had received money from either the CIA or US department of justice as a witness and he then disappeared from Malta.

I have been following the Lockerbie case very closely from the beginning and I wrote about it many times. I was panelist in an episode of the BBC’s flagship show The Doha Debates in 2009 with Dr Jim Swire, on one side, and Juma Al-Gamatti and a British conservative MP on the opposing side. We defended the compassionate release of al-Megrahi against their accusations and falsified claims.

I have also discussed the case with many foreigner observers including the United Nations appointed court observer, the Austrian, Hans Köchler. He expressed his reservations about the court right after it ended. He repeated the same reservations to me over a phone call while I was studying for my masters degree in Maastricht, the Netherlands.

I have and will always be convinced that Libya and al-Megrahi are innocent of this terrible crime. After the SCCRC decision I would really like to hear from the Libyan scumbags like Juma and ask them where is your evidence that Libya was to blame for the tragedy? How could you accuse your country just because you hated Gaddafi?

I can imagine the late Moammer Gaddafi screaming at the face of those who accused him of being behind the Lockerbie tragedy. It is enough that the SCCRC raised suspicions about the verdict even if it is not overturned. The fact that SCCRC referred the case to the Scottish High Court is in itself an admission of miscarriage of justice and to me is a vindication of both Libya and its citizen al-Megrahi.

Great salute to Dr Swire and Mr Kenny MacAskill the former justice minister in Scotland,  who took the brave and legal decision to release al-Megrahi despite UK and US governments’ objections.

A bigger salute to al-Megrahi’s family who struggled to clear his name. I also salute to Al-Jazeera English team who produced that important documentary which made it easier for the wider public to understand the complicated judiciary process that should have led to different verdict. A great salute to the defense team who defended Libya despite all difficulties.

Shame on those who accused their country (particularly after 2011) without any proof and without actually understanding anything of the facts of the case.

Megrahi case review may not provide closure but there are people who might be able to

[This is part of the headline over an article by Kenny MacAskill in today's edition of The Scotsman. It reads as follows:]

The Scottish Criminal Case Review Commission’s decision to refer the Megrahi case back to the courts really isn’t a surprise. Issues of concern in the Lockerbie bombing trial include not least the witness payments to Tony Gauci.

That isn’t a criticism of those who presided at the Camp Zeist Trial as that wasn’t known to them. But it’s unacceptable in Scottish trials for a witness to be paid. Moreover, the judges then were caustic in comments about another witness who had been rewarded by the CIA. [RB: It is interesting that Mr MacAskill chooses to focus on the payment to Gauci rather than the (much more important) SCCRC finding that no reasonable trial court could have held on the evidence led at the trial that the case against Megrahi was proved beyond reasonable doubt.]

So back the case goes and while it may resolve some aspects relating to Abdelbaset al-Megrahi, I won’t hold my breath that it’ll cast any more light on Lockerbie.

That’s a travesty as since the fall of former Libyan leader Moammar Gaddafi both new information and more importantly new witnesses, if not accused, have come to light.

As the regime collapsed, MI6 got the Foreign Minister Moussa Koussa out and back to London where he was debriefed, firstly by them and then by the Americans.

He’s now living an opulent life in Qatar whilst others that he served with rot in jails in Tripoli. They include Gaddafi’s henchman Abdullah Senussi and even the man believed by many to have been the bomber.

They’ll have been spoken to by the Americans if not the British and other bit-part players were also extracted. Will the information they provided be heard and will any of them even be charged?

Sadly, this review will clarify some questions regarding Megrahi, but I very much doubt it’ll provide closure on Lockerbie.

[RB: Kenny MacAskill is clearly sticking to his position that Lockerbie was a Libyan operation, whether or not Abdelbaset Megrahi was wrongfully convicted. His views, originally expressed in his book, have been cogently crticised, not least by John Ashton here and James Robertson here.]

Scottish Government minister who released Megrahi wins seat in UK Parliament

[What follows is the text of a Press Association news agency report, as published today on the website of the Belfast Telegraph:]

Former Scottish justice secretary Kenny MacAskill has returned to front-line politics after securing a seat at Westminster.

Mr MacAskill, who during his tenure at Holyrood sanctioned the release of the Lockerbie bomber, took East Lothian from Labour with 21,156 votes to Martin Whitfield’s 17,270.

Justice secretary in Alex Salmond’s government from 2007 to 2014, Mr MacAskill left office following Nicola Sturgeon’s appointment as First Minister and stepped down as an MSP in 2016.

He was thrust into the global spotlight in 2009 when he opted to release Abdelbaset al-Megrahi, the Libyan convicted of the Lockerbie bombing, from a Scottish prison on compassionate grounds.

Megrahi, who had cancer, died in his home country in 2012.

He remains the only person ever convicted for the bombing of Pan-Am flight 103 in December 1998, which killed 270 people.

Mr MacAskill was first elected to the Scottish Parliament in 1999 as a list MSP representing the Lothians, before winning the constituency seat of Edinburgh East and Musselburgh in 2007 and then Edinburgh Eastern in 2011.

[RB: A review by James Robertson of Kenny MacAskill's book about the Lockerbie case can be read here, and another by John Ashton can be read here.]

UK should remember prelude to Lockerbie bombing before joining any US attack on Iran

[This is the headline over an article by Kenny MacAskill in today's edition of The Scotsman. It reads in part:]

The USA is ramping up for war on Iran and the UK’s slavishly following, with memories of Iraq all too distant in the minds of some.

Shooting down a US military drone seems arguably legitimate, given the incursion into Iranian territory – and by a giant war machine, not an adult toy.

Besides, given past form of America in the area, it’s hugely suspicious. The prelude to the Lockerbie bombing after all was the shooting down of an Iranian airliner by the USS Vincennes in July 1988. (...)

But the solution in Iran isn’t to wage war but support moderate reform. President Hassan Rouhani and others need encouraged, not disparaged. Iran’s president is a graduate of Glasgow Caley and, by all account, a Scottophile [sic]. Disparaging Iran will only driving people into the arms of the Mullahs.

Change is wanted in Iran by young people, who just want a better life and a bit of fun.

America should back off and the UK should stop supinely supporting them.

[RB: Kenny MacAskill had already made it clear that he did not believe that Abdelbaset Megrahi was responsible for placing the bomb on Pan Am 103: MacAskill: I’ve never believed Megrahi to be the bomber. Now he goes further and seems to accept that the trigger for the atrocity was not Ronald Reagan's 1986 bombing of Tripoli and Benghazi but the shooting down of Iran Air flight 655 in July 1988 by USS Vincennes. In other words, it was an Iranian revenge attack, not a Libyan.]

Release of Lockerbie bomber focused world’s attention on Holyrood

[This is the headline over a report published in The Scotsman today in its Scottish Parliament at 20 series. It reads in part:]

The controversial release of Abdelbaset al-Megrahi saw Holyrood scrutinised like never before, writes Chris McCall

The decision to release from prison the only man ever convicted of the 1989 Lockerbie bombing remains perhaps the single most controversial moment in the Scottish Parliament’s first two decades.

Then justice minister Kenny MacAskill told MSPs on August 20, 2009, that Abdelbaset al-Megrahi would the next day be released on compassionate grounds from HM Prison Greenock after serving just eight-and-a-half-years of a life sentence.

The release prompted a furious response from many opposition politicians across the UK. David Mundell, then shadow Scottish secretary, described it as “a mistake of international proportions”.

But the biggest reaction came from the United States. Of the 270 victims of the Lockerbie bombing, 190 were American citizens.

No decision taken by a Scottish minister had ever been scrutinised by the world’s media in such a way before. Events at Holyrood were not normally condemned by the US Government.

MacAskill informed the parliament that al-Megrahi would be freed on compassionate grounds and allowed to return home to Libya after being diagnosed the previous year with prostate cancer.

“I am conscious that there are deeply held feelings, and that many will disagree whatever my decision,” he said.

“However, Mr Al-Megrahi now faces a sentence imposed by a higher power. It is one that no court, in any jurisdiction, in any land, could revoke or overrule. It is terminal, final and irrevocable. He is going to die.”

Many in Scotland and across the UK had long harboured doubts regarding al-Megrahi’s conviction in 2001 by a special Scottish court sitting in the Netherlands. The decision to release him was only the latest chapter in a long-running legal battle which began on that fateful night in December 1989 [sic].

But those doubts were never shared by the majority of victims’ families in the US.

“I don’t know what his political future will be, but the name ‘MacAskill’ will go down in history for his role in a miscarriage of justice,” said Frank Duggan, a US lawyer who chaired the Victims of Flight 103 group.

There was considerable anger at the nature of al-Megrahi’s release on compassionate grounds. The Libyan had always denied his involvement in the bombing, which some interpreted as a refusal to acknowledge his crimes.

Susan Cohen, whose daughter Theodora was one of many students killed on the flight, said: “This has been despicable. He was convicted of mass murder, but you’ve let him out on the most sickening grounds possible.”

Then US President Barack Obama condemned the decision at the time and doubled-down on his comments almost a year later when David Cameron first visited the White House as prime minister. (...)

Al-Megrahi was convicted following one of the most complex trials ever staged. He was sentenced to 27 years, while his co-accused was cleared. His lawyers then successfully applied to the Scottish Criminal Cases Review Commission and the case was referred back to the Court of Appeal in 2007.

Over a year later he was diagnosed with prostate cancer. By the time his second appeal got under way, his condition had deteriorated.

A few weeks later an application to have him transferred to serve the rest of his sentence in Libya was lodged, and at the same time al-Megrahi applied to be freed on compassionate grounds because of his health.

He died in 2012, maintaining his innocence until the last.

Reaction to sealing of 1991 Lockerbie telegram to John Major

[A letter from Dr Jim Swire is published in today's edition of The Times. It reads as follows:]

 As the father of Flora Swire, a victim of the 1988 Lockerbie disaster, may I congratulate The Times on its brave attempt to obtain the contents of a telegram sent to John Major as prime minister from an unnamed overseas government (“Lockerbie telegram must remain sealed until 2032”, Scotland edition, Apr 10). It has long been apparent that there are many fatal flaws in the evidence brought to the Zeist court in 2000-01, and used to convict the Libyan Abdul Baset Ali al-Megrahi of being a key perpetrator.

Lockerbie remains the worst single terrorist outrage to occur in the UK since the Second World War, yet there has been no inquiry. Those who value the independence of judicial systems from political interference must, like us relatives, be concerned about the reluctance of successive UK governments to allow relevant matters to become public. By 2032 I will be 96, and probably leaning on a cromach to listen.

[RB: As submitted, the letter read as follows:]

As the father of Flora Swire, a victim the 1988 Lockerbie disaster may I congratulate The Times on its brave attempt to obtain the contents of a telegram sent to Sir John Major as PM, from an overseas kingdom.

It has long been apparent that there are many fatal flaws in the evidence brought to the Zeist court in 2000/1, and used to convict the Libyan, Baset Al-Megrahi of being a key perpetrator.

During the second appeal by Mr Megrahi against conviction, Scotland's Advocate-General of the day was sent post-haste to confer with then UK Foreign Secretary David Miliband who was persuaded immediately to  issue a PII certificate to protect a communication received by Sir John from access by the public or the defence team.

When a distinguished Scottish newspaper, having discovered the contents was about to publish, it was threatened with draconian measures to disrupt its editions

This communication to Sir John  had been in the possession of the Megrahi  prosecution team for years, but denied to Megrahi's defence. Megrahi's second appeal was on the cusp of reaching parts of the evidence in which it might have been highly relevant.

At that point Mr Megrahi was offered compassionate release and his appeal was stopped.

Lockerbie remains the worst single terrorist outrage to occur in the UK since WWII, yet there has been no inquiry.

Those who value the independence of judicial systems from political interference must, like us relatives, be concerned about the reluctance of successive UK Governments to allow relevant matters to become public for so long.

By 2032 I will be 94 years old, and probably leaning on a cromach to listen.

[RB: An article published in today's edition of The National reads in part:]

A decision to keep under wraps a telegram sent to them prime minister John Major three years after the Lockerbie bombing “adds insult to injury” for the families and friends of those who died in the atrocity, according to a campaigner who believes in the innocence of the late Abdelbaset al-Megrahi, the only person convicted for it.

The Cabinet Office claimed the contents of the telegram to Major in 1991 were against the national interest – despite the fact that former Scottish justice secretary Kenny MacAskill put them into the public domain almost three years ago in his book The Lockerbie Bombing: The Search for Justice.

Officials refused a Freedom of Information (FoI) request from The Times newspaper, which means the document will be kept secret at the UK National Archives, at Kew in London, until at least 2032.

Their response read: “In this instance, we believe the release of the information received in confidence would harm UK relations with the country which provided the information.

“This would be detrimental to the operation of government and would not be in the UK’s interest.

“In light of the potential harm to UK relations with the country concerned, and UK interests there, it is judged that release of the material would not be in the public interest.”

The material is covered by a controversial public interest immunity (PII) certificate, which was signed in 2008 by then foreign secretary David Miliband.

It was identified as important to the defence of Megrahi by the Scottish Criminal Cases Review Commission (SCCRC), which granted his appeal after the Crown failed to disclose details at his 2002 trial.

In his book, MacAskill said the telegram to Major, above, was from the late King Hussein of Jordan and blamed the bombing on the Popular Front for the Liberation of Palestine – General Command (PFLP-GC), the group originally suspected of carrying it out.

Records at the National Archives confirm that Major received a telegram relating to the bombing on November 15, 1991 – the day after the British and US governments announced they were bringing charges against Megrahi and his co-accused Lamin Khalifah Fhimah.

Iain McKie, from the Justice for Megrahi (JfM) group, which is campaigning to clear the Libyan’s name, said: “It beggars belief that the UK government, after 30 years of widespread and well-founded doubts about various aspects of the Lockerbie investigation and trial, continues in its efforts to hide the truth about the tragedy.

“That it should claim to be protecting the public interest only adds insult to injury for the family and friends of the 270 souls who perished.

“Why would they claim it was in the public interest in keeping this material quiet until 2032?

“In some ways it heightens – not lessens – suspicion.

“Here in Scotland we’re awaiting the SCCRC decision on the submission from the Megrahi family – and there is a big story to be told internationally.”

MacAskill told The National there was “no good reason” to keep the contents secret, given that Hussein is dead. He said: “It can hardly exacerbate the situation in Jordan.

“Besides, the Crown has always been happy for it to be released as they think it just adds to the conspiracy theories when there’s a good explanation about it and it doesn’t exculpate Libya or Megrahi.” (...) [RB: The failure to disclose the document to Megrahi's legal team before or during the Lockerbie trial is one of the six reasons given by the SCCRC for finding that Megrahi's conviction might have amounted to a miscarriage of justice. It is accordingly difficult to accept the Crown's contention, as reported here by Mr MacAskill, that it does not exculpate Libya or Megrahi, or at least seriously undermine the case against them.]

Professor Robert Black QC, the architect of the Lockerbie trial in the Netherlands, who believes there was a miscarriage of justice, said: “It is extremely difficult to understand how a document dating from Nov-ember 15, 1991, could still in 2019 adversely affect the national interests of the UK or its relations with the country of origin.”

“Much more likely is that the contents of the documents would embarrass the UK by showing just how tenuous is the case for Libyan responsibility for the Lockerbie tragedy.”

Death of Senior Investigating Officer of Lockerbie atrocity

[What follows is excerpted from a report published today on the website of the Edinburgh Evening News:]

Heartfelt tributes have been paid to one of the Capital’s “outstanding” police officers.

Former Detective Chief Superintendent Stuart Henderson MBE headed up the Lockerbie investigation and helped bring some of Scotland’s most notorious killers to justice.

He died, aged 78, after an illness on January 31 with a funeral at Warriston Crematorium later this month.

Former Lothian and Borders Police deputy chief constable Tom Wood rose through the ranks under DCS Henderson.

The pair worked in CID together and the major investigations unit for 20 years – helping bring killers Robert Black and Angus Sinclair to justice.

“Stuart was a friend of mine and we worked together for many years. He was an outstanding man with unbounded enthusiasm,” said Mr Wood. (...)

“He was committed to the job, most latterly as senior investigating officer of Lockerbie. It was an enormous job and would’ve crushed most men – but not Stuart. I was very, very sad to hear of his death at a relatively young age. He was super physically fit – an incredible character.

“He did nothing in half measures. Everything he did was 100 per cent, that’s the kind of guy he was and everybody who worked with him would recognise that.

“He was one of the outstanding police officers of his generation and a first class detective.”

Police Scotland Chief Constable Iain Livingstone last night praised Mr Henderson for remaining close to families affected by Lockerbie.

Mr Livingstone said: “He performed his public service with skill and commitment and will be sorely missed.”

[Stuart Henderson's name has featured frequently on this blog. His conduct as Lockerbie SIO, and especially his Lockerbie-related interventions in the years following, have been subjected here to strong and, I would contend, entirely justified, criticism.

What follows is excerpted from the obituary of Mr Henderson that appeared in The Scotsman on 13 February 2019:]

Henderson went on (...)  to forge a career in CID that ultimately saw him take charge of the biggest mass murder inquiry in Scottish criminal history – the bombing of Pan Am flight 103 over Lockerbie in December 1988.

On the night of December 21, 1988 he was the most ­senior Lothian and Borders police officer on duty in Edinburgh and went immediately to the site of the Lockerbie disaster, likening it to a war zone.

For two years he was deputy senior investigating officer for Strathclyde Police’s John Orr on the case which involved the murders of 259 passengers and crew on the plane and 11 residents on the ground. Then, in 1990, when John Orr became deputy chief constable of Dumfries and Galloway, he took complete charge of the hunt for the culprits – a role that completely dominated the latter years of his police career and saw him visit 47 countries.

By now a detective chief superintendent, he worked closely with the FBI agent Richard Marquise, who was in charge of the United States’ task force. Henderson’s work earned him the MBE in the New Years honours of 1992 and he retired that same year after delivering a report to the Procurator Fiscal naming two men allegedly involved in the bombing, Abdelbaset al-Megrahi and Al-amin Khalifa Fhimah.

The latter was acquitted after a trial in the Netherlands but Megrahi was ­convicted in 2001. In 2009, suffering from cancer, he was released from jail in Scotland on ­compassionate grounds, a move Henderson vehemently opposed. Both he and ­Marquise wrote to the then Justice Secretary Kenny MacAskill, urging him not to release the convicted mass murderer.

Henderson, who had marked the 10th and 25th anniversaries of the tragedy at Arlington National Cemetery in Virginia where there is a red sandstone Lockerbie cairn memorial, felt it was a naive move and rejected any suggestion Megrahi had been framed as an insult to the police.