Did Megrahi really admit that Fhimah put bomb suitcase on flight?

[Today's edition of the Daily Record contains an article about the letter written by Abdelbaset Megrahi in July 2003 to King Hussein of Jordan and delivered to him by Gaddafi aide Daad Sharab. The article contains the following:]

Libyan leader Colonel Gaddafi’s adviser Daad Sharab, 61, visited Abdelbaset al-Megrahi three times in Scotland. She took a letter from Megrahi which he wrote to the King of Jordan in Barlinnie jail in a desperate bid to be freed.

Megrahi told how Nelson Mandela had visited him and supported his campaign for release. He claimed Lamen Khalifa Fhimah, the man cleared of the bombing when he faced trial alongside Megrahi in 2001, “put the suitcase on the flight”.

Megrahi wrote: “I have to write because of the great suffering condemned to imprisonment for false accusation. I am an Arabic Libyan unfairly convicted in the case of what is called Lockerbie. It was a false accusation based on the allegation I was the suspect who bought the clothes from a storekeeper in Malta.

“They were found in the remains of the suitcase bomb that was the cause for the plane crash over Lockerbie... my colleague, the second suspect who was acquitted by the court, is the one who put the suitcase on the flight from Malta.”

[RB: This remarkable allegation - that Megrahi admitted that his co-accused Lamin Fhimah put the suitcase containing the bomb on the Air Malta flight - does not match the translation of the relevant passage of the letter given on page 128 of Daad Sharab's book The Colonel And I: My Life With Gaddafi. The passage there reads (with emphasis added):

"I am an Arabic Libyan unfairly convicted in the case of what is called Lockerbie on a false accusation based on the allegation I was the suspect who bought the clothes from a storekeeper in Malta that were found in the remains of the suitcase bomb that was the cause for the plane crash over Lockerbie, and that I was available in Malta and that my colleague the second suspect who was acquitted by the court is the one who put the suitcase on the flight from Malta."

The Daily Record article contains a facsimile of the original Arabic version of Megrahi's letter, so those with a knowledge of the language can decide for themselves whether Megrahi was simply conveying the allegations made against himself and his co-accused, and whether the newspaper's version is grossly misleading.] 

UK government "doing their best to support the US in a cover up"

[What follows is excerpted from a report by Martin Jay headlined Lockerbie: Papers reveal Mandela didn’t buy Blair’s Libya ruse published today on the Maghrebi.org website:]

Confidential documents which became released in the UK might be the reason why the Americans recently kidnapped a third Libyan suspect who they have framed for the Lockerbie bombing.

On December 29th, it was revealed that documents held in the national archive showed that Nelson Mandela actually told the UK it was wrong to hold Libya responsible for the Lockerbie bombing, according to reports. 

They reveal discussions between former British prime minister Tony Blair and his cabinet and Mr Mandela, who was acting as an intermediary for Libya, after the Lockerbie bombing with the South African icon firmly believing that Libya had no hand in the Lockerbie bombing. (...)

In the meeting between Mr Blair and Mr Mandela on April 30, 2001, Mr Mandela opposed the UN stance.

“Mandela argued it was wrong to hold Libya legally responsible for the bombing,” the cables revealed.

“He had studied the judgment from the trial and was critical of the account the judges had taken of the views of the Libyan defector, even though they had described him as an unreliable witness.

“He had discussed it with Kofi Annan [former secretary general of the United Nations] as he felt the Security Council resolution requiring that [Libya’s president Muammar] Qaddafi accept responsibility were at odds with the legal position. (...)

In May 2003 that Libya accepted responsibility for the bombing and had previously agreed to set up a $2.7 billion fund to compensate families of those killed in the explosion, although few experts even believe that Gaddafi accepted culpability but was trying to find a diplomatic solution.

Al Megrahi being found guilty and the compensation package was a way out for the Libyan leader.

The Libyan intelligence agent was framed and was the only man convicted over the attack. He was sentenced to life until his release on compassionate grounds in 2009 after a cancer diagnosis. He died in Libya in 2012. [RB: The only evidence that Megrahi was involved with Libyan intelligence came from Majid Giaka. The judges found Giaka to be a fantasist, wholly incredible and unreliable, but (with no explanation) accepted his evidence on this one issue.] 

The efforts by Margaret Thatcher, John Major and finally Tony Blair to support the Libyan angle are highly suspicious though, as a number of experts believe that the UK governments were simply doing their best to support the US in a cover up.

If American families knew the truth about the Lockerbie bombing – that the Pan Am flight was carrying drugs and money under the supervision of CIA officers on board as part of a whacky scheme of Ronald Reagan to cooperate with terrorists in Beirut – then the legal cases would be unprecedented in US history.

Because of this gargantuan cover up, America, still to this day needs to keep the Libyan ‘story’ alive.

Consequently, a Libyan man, Abu Agila Masud, was recently accused of making the bomb that destroyed the Pan Am flight and was taken into US custody through an illegal rendition helped by rogue militias in Libya believed to have been paid by the US. Some sceptical analysts might conclude that the date of the released documents was known by the US, hence the timing of the kidnapping of Masud.

Will Libya extradite ex-spy chief to US over Lockerbie?

[This is the headline over a report published yesterday on Voice of America's VOA Africa website. It reads in part:]

The recent handover of a former Libyan intelligence officer by the Tripoli-based government to the US for his alleged involvement in the 1988 Lockerbie bombing has sparked speculation that an ex-Libyan spy chief could be next.

Questions about the potential extradition of former Libyan spy chief Abdullah al-Senussi have been circulating after US authorities earlier this month announced Abu Agila Mohammad Mas'ud Kheir Al-Marimi, accused of making a bomb that killed 259 people aboard a Pan Am flight and 11 on the ground in Scotland, was in their custody.

The potential extradition of al-Senussi, currently serving time in Tripoli for his involvement in crimes committed under the Gaddafi regime, could lead to a trial for his alleged involvement in the Lockerbie bombing. This would mark a significant turning point in the long-standing investigation into the 1988 terrorist attack.

Al-Senussi's family has appealed to Prime Minister Abdul Hamid Dbeibah to release him.

"This is the final warning to the Libyan government: If Abdullah al-Senussi and his comrades are not freed, all viable resources in the south will be put to a halt," al-Senussi's son told local news on Monday.

Al-Senussi, who is also the brother-in-law of late Libyan leader Muammar Gaddafi, hails from al-Magarha, a tribe renowned for its ties with the former regime and its influence in southern Libya.

During a recent interview with Al Arabiya, a pan-Arab news channel, Dbeibah denied any intention of extraditing al-Senussi to the US.

"All of these are fabrications and media exaggeration," he said.

Political analyst Ibrahim Belgasem told VOA said that “Libyan law does not allow the extradition of Libyan citizens for trial in a foreign country,” adding that Libyan citizens “feel very sensitive about this case as they suffered years of sanctions and were isolated from the world.” (...)

In 1992, after Libya refused to extradite suspects al-Megrahi and Fhimah, the United Nations imposed an air travel and arms embargo on the country. This embargo was later broadened to include an asset freeze and a ban on the export of certain goods to Libya. (...)

In 1999, the Libyan government agreed to transfer the two suspects to the Netherlands for trial, following negotiations led by Nelson Mandela and the Saudi government with the US and UK.

In 2001, al-Megrahi was found guilty while Fhimah was acquitted and returned home.

In 2008, Libya reached an agreement with the US to establish a process for resolving claims by American citizens and companies against the Libyan government, thanks in part to the Libyan Claims Resolution Act (LCRA), a bill sponsored by then-Senator Joe Biden.

The LCRA was passed following the settlement reached between the Libyan government and the families of the victims, which included a payment of $2.7 billion.

Al-Megrahi, a former Libyan intelligence officer, was the sole individual to be convicted in connection with the Lockerbie bombing. Despite maintaining his innocence, he was sentenced to 27 years in prison and ultimately served only seven before being released on compassionate grounds due to terminal illness. He died in Libya in 2012.

In 2020, US Attorney General William Barr announced new charges against a former Libyan intelligence operative, Abu Agela Mas’ud Kheir Al-Marimi, for his role in building the bomb that killed 270 people.

Earlier this month, US law enforcement officials confirmed Al-Marimi was in custody for his alleged role in Pan Am Flight 103.

"The United States lawfully took custody of Abu Agila Mohammad Mas’ud Kheir Al-Marimi and brought him to the United States where he faces charges for his alleged involvement in the 1988 bombing of Pan Am Flight 103," the White House said in a statement on Dec 14.

Libya has no extradition agreement with the US and details about the handover remain unknown. (...)

It took the Libyan government three days to admit its role in the extradtion, causing hundreds of Libyans, including Al-Marimi's family, to protest condemning the prime minister.

Abdulmonem Al-Marimi, nephew and spokesperson of Masud’s family told The Associated Press that "everyone knows that this thing must be done according to Libyan laws, but unfortunately the government handed him over, bypassing all Libyan laws.”

"Our demand is from the Attorney General that we hope that he will take measures regarding the Prime Minister [Abdul Hamid Dbeibah], who admitted and said that he's the ones who extradited him,”Al-Marimi added.

If the possibility of extraditing al-Senussi to Washington arises, "there is concern that his supporters, who hold significant sway in sensitive areas of Libya such as the oil fields and water resources in the south, could cause unrest in the country," Belgasem said.

This concern is supported by the fact that al-Senussi's family has twice disrupted the water supply for over 2 million people in the city of Tripoli, once over the kidnapping of al-Senussi's daughter and the other when the family attempted to secure his release.

Political analyst Salah Al-Bakoush, however, told VOA that might not happen this time around and if it did, "General Khalifa Haftar controls the south, so the US could push him not to allow al-Sanussi's family to create any trouble in that region."

Al-Bakoush also said al-Senussi's extradition to Washington is "highly unlikely" at least until the public outrage over the extradition of Al-Marimi subsides.

What might a second Lockerbie trial look like?

[This is the headline over an article by Dr Mustafa Fetouri just published on the website of the Middle East Monitor. It reads in part:]

Libyan Abu Agila Muhammad Mas'ud Kheir Al-Marimi will appear for the second time before a federal court in Washington DC next Tuesday where he will be told formally of the charges against him. Mas'ud first appeared in court eight days ago after he was kidnapped from his bedroom in Tripoli on 12 December. The US law enforcement agencies colluded with a notorious local militia to snatch the old man and take him to America.

In his first appearance in court the suspect refused to talk to the judge because he claimed that he did not have a lawyer. It was reported that he rejected the lawyer appointed by the court to represent him. His family is working to provide their own lawyer.

The 71 year old will face charges relating to his alleged part in the 1988 Lockerbie bombing in which 270 people were killed when Pan Am Flight 103 exploded over the Scottish town of Lockerbie. (...)

The US has always insisted on trying the Lockerbie case in its own courts but it failed to get access to the suspects as Libya refused to hand over its citizens to the Americans. After a decade of negotiations and political wrangling by the late Nelson Mandela and others, it was agreed to have the trial in Camp Zeist, in the Netherlands.

Today, 34 years later, the US appears to have its long-awaited Lockerbie bombing trial, the second in a case that is not only very old but also very complicated.

So what might second Lockerbie trial look like in a US court? What are the chances of Mas'ud being found guilty or acquitted? Furthermore, what will be the implications of the verdict on the whole case, particularly on the conviction of the late al-Megrahi whose lawyer, Aamer Anwar, has been trying to overturn his conviction, posthumously, since 2014 without success? Will Mas'ud's defence be able to convince the American jury that his client had nothing to do with the bomb that destroyed the doomed flight?

The US prosecutors have to prove, beyond reasonable doubt, many things. For a start they have to establish a link between Mas'ud and the bomb in the first place and that he did, indeed, make the bomb that brought down Pan Am Flight 103 on 21 December 1988. The US alleges that he confessed to this in 2012 while being interrogated in Libya's notorious Al-Hadba Prison, south of Tripoli. Many question if such a confession is admissible in court given the conditions in which it was extracted. Former US Attorney General William Barr insisted recently that the confession is admissible in a US federal court. He even called for the death penalty if Mas'ud is convicted after prosecutors said that they will not seek capital punishment.

Al-Hadba has a terrible reputation. In 2015, Human Rights Watch questioned the methods used to interrogate detainees, including senior former Gaddafi officials, one of whom was Gaddafi's son Saad. A Tripoli-based legal expert who requested anonymity said, "Only a kangaroo court might accept anything let alone a confession from Al-Hadba Prison."

Moreover, to get a conviction, US prosecutors must convince the jury that it was a bomb made by Mas'ud, and no other device, that destroyed the Boeing 747 Jumbo jet on that cold evening as it flew at 31,000 feet. The prosecution apparently rests on the US allegation that Mas'ud handed over a Samsonite suitcase containing the bomb to Fhima, who dropped it into the Pan Am Flight 103 luggage feeder at Luga Airport in Malta. Proving that Mas'ud was in Malta on 21 December 1988 might be easy, but proving that he actually took the explosive-laden suitcase and handed it over to Fhima is a difficult one. Any evidence presented here will be circumstantial as there are no witnesses to testify to seeing Fhima and Mas'ud at the airport or anywhere else in Malta 34 years ago.

One expert on the case, Scottish law Professor Robert Black, told me that he thinks the "crux of the case" against Mas'ud will be whether it "can be proved beyond reasonable doubt" that he manufactured the bomb that destroyed the aircraft. This would lead to issues connected with the timer alleged to have been used to detonate the bomb. Tiny fragments of that timer were, allegedly, found among the wreckage in a field almost a year after the disaster. More evidence emerged after the first trial in Camp Zeist, though, suggesting that that "evidence" was planted by US investigators to frame Libya. According to George Thompson, a private investigator who worked on the case, the type of timer said to have been used in the bomb was not in production in 1988.

The third issue is that the US prosecutors have to explain, convincingly, how and where the bomb got into the luggage hold area of the Boeing 747. The 34-year-old official US narrative is that the suitcase with the bomb inside came from Malta and was fed into Pan Am Flight 103A at Frankfurt Airport in Germany. The plane then left for London Heathrow Airport ... However, since the 2001 trial more evidence and testimonies have emerged challenging that theory.

Mas'ud's best chance of acquittal or getting a lenient sentence rests on his defence team's ability to reopen the entire Lockerbie issue. For any trial to be fair it must consider the Lockerbie bombing as a single case and the US should not cherry-pick what it likes to advance in its line of argument.

I believe that it should be an international court that tries Mas'ud, not a US federal court. The late Nelson Mandela, who mediated between the US, Britain and Libya to arrange the 2001 trial, once said, "No one country should be complainant, prosecutor and judge." However, that is exactly what the US is in Mas'ud's case. Is that fair? And does it mean that his chance of a fair trial is very, very small indeed?

So what might a second Lockerbie trial look like? A "kangaroo court" perhaps?

[RB: I am not an American lawyer, but in my view the precise mechanism whereby the bomb got onto Pan Am 103 won't loom large in the US trial. As I understand it, under the relevant Federal legislation (see US Department of Justice outlines allegations against Masud) all the prosecution has to prove is (a) that Masud made the bomb (b) that he knew it would be planted on an aircraft and (c) that his bomb was so planted and led to the destruction of Pan Am 103. Proving precisely how the device got onto the aircraft would not be essential to getting a conviction. Establishing Masud's guilt does not require proof of how his bomb got onto the plane, whether via Malta, Frankfurt or Heathrow ingestion.

I think the crux of the case will be whether it can be proved beyond reasonable doubt that it was a Libyan bomb, manufactured by Masud, that brought the plane down. So the evidence that has emerged since Zeist about the metallurgy of the fragment of circuit board alleged to have formed part of the bomb timer will be vital: Lockerbie: Bomb trigger or clever fake?]

HMP Barlinnie and Abdelbaset Megrahi

[What follows is excerpted from an article headlined Glasgow Crime Stories: The many stories behind HMP Barlinnie published today on the website of the Glasgow Evening Times:]

It's been known by many names The Bar-L, Bar Hell, Glasgow's Alcatraz, the Big Hoose, or simply HMP Barlinnie.  (...)

Barlinnie's most high-profile prisoner was the man convicted of the Lockerbie bombing Abdelbaset Ali Mohmed Al Megrahi. (...)

In 2001 Barlinnie was back on the world's stage with the arrival by helicopter of Abdelbaset Ali Mohmed Al Megrahi, convicted of the bombing of Pan Am Flight 103 over Lockerbie, which killed 270 people.

Megrahi was provided with a £1.5million purpose-built cell, dubbed Gaddafi's Café situated in the former specula unit.

It has a private toilet and shower, a TV, kitchen facilities for the Libyan to cook his own halal meals.

There was also an exercise area and a room where Megrahi coud be visited by human rights officials to make sure he was being treated fairly. 

The cost at the time of keeping him in solitary confinement was thought to be around £100,000 a year. 

That compared to the £18,000 annual cost for a regular prisoner at Barlinnie.

In 2002 Megrahi was visited by Nelson Mandela who called for a fresh review of his conviction and for him to serve his sentence in a Libyan prison.

Mandela himself spent 18 of his 27 years in jail on Robben Island after being locked up by the South Africa's apartheid government. 

What he thought of the conditions at Barlinnie compared to Robben Island is not known.

However, he did describe Megrahi's imprisonment in Barlinnie as psychological persecution 

Megrahi was later moved to Greenock prison in 2005, before being sent home to Libya in 2009 on compassionate grounds with terminal cancer.

 

RIP Archbishop Desmond Tutu

[I am saddened to learn of the death today at the age of 90 of Archbishop Emeritus Desmond Tutu, who was a convinced and long-time supporter of the Justice for Megrahi campaign. What follows is an article posted today on Jim Swire and Peter Biddulph's Lockerbie Truth website:]

Today's sad news about the death of former South African Archbishop Desmond Tutu holds a feature common to much of the media in the UK and USA. 

The selective amnesia of certain media editors is clear: Effusively praise those issues in which Tutu agrees with your agenda, and ignore those in which he opposes.

And so it is, once again, with the campaign for an inquiry into the factors surrounding the 1988 Lockerbie bombing and subsequent trial.

On the 15th March 2015 we reported that a petition had been submitted to the Scottish Parliament by the Justice for Megrahi group of bereaved relatives. That petition was rapidly and publicly supported by prominent personalities around the world. The petition, even after six years, still runs current on the Scottish Parliament's agenda.

Among those signing in support of the petition was Archbishop Desmond Tutu. He proved to be a strong supporter of the imprisoned Baset al-Megrahi and a South African colleague Nelson Mandela.  Mandela's support for al-Megrahi, too, remains ignored by the main British and US media. 

On 15th March 2015 we published the following post: [Names in alphabetical order].

Campaign for the acquittal of Baset Al-Megrahi and an official inquiry into Lockerbie

A petition requesting that the Scottish authorities undertake a comprehensive inquiry into Lockerbie is supported and signed by the following world renowned personalities. All support the campaign for acquittal of Baset Al-Megrahi, who was in 2000 convicted for the murder of 270 people on Pan Am 103.

Kate Adie was chief news correspondent for the BBC, covering several war zones 

on risky assignments. Currently hosts the BBC Radio 4 programme 

From Our Own Correspondent.

Professor Noam Chomsky has spent most of his career at the Massachusetts 

Institute of Technology (MIT), where he is currently Professor Emeritus, 

and has authored over 100 books. In a 2005 poll was voted 

the "world's top public intellectual".

Tam Dalyell, former Member of British Parliament and Father of the House. 

An eminent speaker who throughout his career refused to be prevented 

from speaking the truth to powerful administrations.

 

Christine Grahame MSP, determined advocate of the Lockerbie campaign.

Ian Hislop, editor of Private Eye magazine.

Father Pat Keegans, Lockerbie Catholic parish priest at the time of the tragedy. 

 Mr Andrew Killgore, former US Ambassador to Qatar. Founder of Washington Report on Middle Eastern Affairs.

John Pilger, former war correspondent, now a campaigning journalist and film maker. 

Dr Jim Swire.

Sir Teddy Taylor, British Conservative Party politician, MP from 1964 to 1979. 

Desmond Tutu, former Anglican Archbishop of South Africa. 1984 Nobel Peace Prize.

Mr Terry Waite. Former envoy for the church of England, held captive from 1987 to 1991

THE FULL LIST OF SIGNATORIES

Ms Kate Adie (Former Chief News Correspondent for BBC News).

Mr John Ashton (Author of ‘Megrahi: You are my Jury’ and co-author of ‘Cover Up of Convenience’).

Mr David Benson (Actor/author of the play ‘Lockerbie: Unfinished Business’).

Mrs Jean Berkley (Mother of Alistair Berkley: victim of Pan Am 103).

Mr Peter Biddulph (Lockerbie tragedy researcher).

Mr Benedict Birnberg (Retired senior partner of Birnberg Peirce & Partners).

Professor Robert Black QC (‘Architect’ of the Kamp van Zeist Trial).

Mr Paul Bull (Close friend of Bill Cadman: killed on Pan Am 103).

Professor Noam Chomsky (Human rights, social and political commentator).

Mr Tam Dalyell (UK MP: 1962-2005. Father of the House: 2001-2005).

Mr Ian Ferguson (Co-author of ‘Cover Up of Convenience’).

Dr David Fieldhouse (Police surgeon present at the Pan Am 103 crash site).

Mr Robert Forrester (Secretary of Justice for Megrahi).

Ms Christine Grahame MSP (Member of the Scottish Parliament).

Mr Ian Hamilton QC (Advocate, author and former university rector).

Mr Ian Hislop (Editor of ‘Private Eye’).

Fr Pat Keegans (Lockerbie parish priest on 21^st December 1988).

Ms A L Kennedy (Author).

Dr Morag Kerr (Secretary Depute of Justice for Megrahi).

Mr Andrew Killgore (Former US Ambassador to Qatar).

Mr Moses Kungu (Lockerbie councillor on the 21^st of December 1988).

Mr Adam Larson (Editor and proprietor of ‘The Lockerbie Divide’).

Mr Aonghas MacNeacail (Poet and journalist).

Mr Eddie McDaid (Lockerbie commentator).

Mr Rik McHarg (Communications hub coordinator: Lockerbie crash sites).

Mr Iain McKie (Retired Superintendent of Police).

Mr Marcello Mega (Journalist covering the Lockerbie incident).

Ms Heather Mills (Reporter for ‘Private Eye’).

Rev’d John F Mosey (Father of Helga Mosey: victim of Pan Am 103).

Mr Len Murray (Retired solicitor).

Cardinal Keith O’Brien (Archbishop of St Andrews and Edinburgh and Cardinal in the Roman Catholic Church).

Mr Denis Phipps (Aviation security expert).

Mr John Pilger (Campaigning human rights journalist).

Mr Steven Raeburn (Editor of ‘The Firm’).

Dr Tessa Ransford OBE  (Poetry Practitioner and Adviser).

Mr James Robertson (Author).

Mr Kenneth Roy (Editor of ‘The Scottish Review’).

Dr David Stevenson (Retired medical specialist and Lockerbie commentator).

Dr Jim Swire (Father of Flora Swire: victim of Pan Am 103).

Sir Teddy Taylor (UK MP: 1964-2005. Former Shadow Secretary of State for Scotland).

Archbishop Desmond Tutu (Nobel Peace Prize Winner).

Mr Terry Waite CBE (Former envoy to the Archbishop of Canterbury and hostage negotiator).

Unfairly convicted on a false accusation

[This is the first of a number of extracts from chapter 15 of The Colonel and I: My Life with Gaddafi by Daad Sharab that I shall be posting on this blog. Articles about her book can be found in The National here and here.]

A prison guard ushers me into a small room, containing only a table and a couple of chairs. Already seated is a bespectacled man, in his early fifties and with grey flecks in his brown hair, who is wearing a baggy tracksuit. Before him there’s a large file of documents and as I enter he stands to shake my hand. 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.

During my time working for Gaddafi, the Lockerbie bombing and its aftermath provided a constant backdrop. It was the single issue that most occupied the Colonel’s mind and in 2003 I was summoned to the leader’s office, to be told he was sending me to Scotland to meet Abdelbaset Al-Megrahi. As far as most people were concerned this man had the blood of 270 innocent people on his hands. Outside Libya he was better known simply as the Lockerbie bomber.

Al-Megrahi spent the first three years of his sentence at Barlinnie, a high security prison in Glasgow, where he was incarcerated in a purpose-built unit. Other than family members and lawyers, Nelson Mandela was one of his few visitors. Barlinnie has the reputation as ‘Scotland’s toughest jail’ and is also the country’s largest, holding more than 1,000 inmates.

The Libyan government had a small office in Glasgow, solely to support Al-Megrahi, and one of the five staff greeted me at the city’s airport. Next day we drove the short distance from my city centre hotel to Barlinnie, where memories of my previous prison visits came flooding back as I passed through security.

The prisoner was expecting me and had been briefed that I was representing Gaddafi directly. Al-Megrahi resembled a mild-mannered accountant but, if the Scottish justice system is to be trusted, he still remains the biggest mass killer in British history. He didn’t look like a murderer, but how do you tell? Of course, Libya always had a very different view and regarded him as a sacrificial lamb. The West needed a figure to blame and to be able to claim justice had been done; Gaddafi needed to find a way out of the mess of sanctions. Everyone benefited except Al-Megrahi and his family. He already had one failed appeal behind him, but when we first met was working on another. 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. Britain wanted rid of him but, unusually, was in disagreement with the US which was taking a much harder line.

My brief was simple: to check-up on Al-Megrahi and offer reassurance that he had not been forgotten. He was pleased with the new trainers and two tracksuits that I brought, and over the next two hours we spoke openly about his case and prospects for release. Al-Megrahi told me that he had not been coerced by Gaddafi to hand himself in for trial, but I couldn’t help wondering: how could he have refused? The pressure must have been unbearable because Libya’s future relations with the US and Britain, not to mention the entire issue of sanctions, were hanging on finding a solution to the Lockerbie problem.

It took years to find a compromise, which entailed handing over Al-Megrahi and another suspect for trial at a neutral venue, and agreeing to pay $2.7 billion compensation to the families of the 270 victims. The final piece of the jigsaw was a carefully worded statement. In it 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.

When the Lockerbie verdict came through in January 2001, delivered by three Scottish judges, I was in Tripoli. The second suspect, Al-Amin Khalifa Fhimah, was acquitted and I remember Gaddafi telling me: ‘It’s what I expected. They could not lose face by releasing both men.’

The Colonel was determined to secure Al-Megrahi’s early release but, speaking to the prisoner, it was clear that he felt let down by his country. Al-Megrahi urged me to use my connections with the royal family of Jordan, handing me a letter addressed to King Abdullah in which he protested his innocence and pleaded to be transferred to a prison in any Arab territory until his innocence was proved. Here is an excerpt:

‘Your Majesty, I am an Arabic Libyan citizen who was unfairly convicted in the case of what is called Lockerbie on a false accusation based on the allegation that I was the suspect who bought the clothes from a storekeeper in Malta that were found in the remains of the suitcase bomb that was the cause for the plane crash over Lockerbie, and that I was [present] in Malta and that my colleague the second suspect who was acquitted by the court is the one who put the suitcase on the flight from Malta.

‘Your Majesty, I am a rational Muslim; I am not an extremist at all. I have a family and children who I do love more than any other thing. I swear to Allah the One, the Almighty, the Most Gracious, the Most Merciful, the Holy, the Bestower, the Alive, The Lord of Majesty and Bounty, I swear with all the beautiful tributes of Allah that I have never in my life bought any clothes from any store in Malta. I have never seen the clothes, nor the storekeeper in my life except during the trial when the witness presented his deposition. I have never dealt in my life with a suitcase that contains an [explosive device] at any airport in the world. My presence at Malta, if it were really the beginning of this crime, as claimed by the allegation, was merely to get some necessities.

‘Your Majesty, I beg you on behalf of my family and my children to raise my problem with those concerned in the United Kingdom and the United States of America to be transported to a prison in my homeland, or in your country or in any other Arabic country (as I consider any Arabic country as my own homeland) until the time when Allah Almighty will show my innocence to the entire world.

‘Your Majesty, I conclude my letter with this verse: By the name of Allah, the Merciful our Lord! Rescue us from this town, whose people are oppressors; and raise for us from thee one who will protect, and raise for us one who will help.’

[to be continued]

Blair urged Mandela not to raise ‘sensitive subject’ of Lockerbie at 1997 summit

[This is the headline over a Press Association news agency report as published today on the website of the Central Fife Times. The following are excerpts:]

Tony Blair failed in his attempts to stop Nelson Mandela raising the Lockerbie bombing at a Commonwealth Heads of Government meeting (CHOGM) in Scotland, despite being warned by aides the South African leader’s intervention over the terror attack would be “pretty disastrous”, new files show.

Downing Street officials warned the then-prime minister ahead of the 1997 summit in Edinburgh that Mr Mandela was visiting Libya, which later admitted responsibility for the airliner disaster, before heading to CHOGM, and urged Mr Blair to speak to him.

But Mr Blair’s efforts – including a personal letter to Mr Mandela a week before the CHOGM, urging him to “avoid a discussion” about Lockerbie – failed, and the enduring controversy over a failure to bring any perpetrators to justice ended up being one of the key themes of the leaders’ summit.

A tranche of previously classified files released by the National Archives at Kew shows a handwritten note from Downing Street aides urging Mr Blair “to speak to” his South African counterpart.

Mr Blair duly wrote to Mr Mandela, explaining the complexities of bringing suspects to justice, having resisted calls to hold a trial in a different country.

Mr Blair wrote: “Lockerbie is of course a particularly sensitive subject in Scotland because of the deaths on the ground of 11 inhabitants of the small town of Lockerbie, in addition to the 259 people on board the aircraft.

“So I hope we can avoid a discussion of the issue at CHOGM itself – we have a lot of other things to talk about.

“But I would welcome a further private discussion when we meet next week.”

The letter ended with the handwritten sign-off: “Very best wishes. Yours ever, Tony.”

Mr Blair’s hopes were in vain when Mr Mandela was asked about the subject, claiming justice would not be seen to be done if any trial was held in Scotland itself.

He said: “I have never thought that in dealing with this question it is correct for any particular country to be the complainant, the prosecutor and the judge.

“Justice, it has been said especially in this country, should not only be done but should be seen to be done.

“I have grave concern about a demand where one country will be all these things at the same time. Justice cannot be seen to be done in that situation.”

The move, however, provided an unlikely fillip for Mr Blair – as his subsequent invitation to meeting grieving families at Downing Street was seen as an intention to listen after years of refusal.

[RB: The events surrounding CHOGM and President Mandela's attitude towards a Lockerbie trial are described in The Lockerbie Bombing by Jim Swire and Peter Biddulph, pages 97 to 101. Further information can be found on this blog here and here.] 

From Lockerbie to the downing of Flight PS752

[This is the headline over an article by Dr Mohammed al-Sulami, head of the International Institute for Iranian Studies (Rasanah), that was published yesterday on the website of the Saudi Arabian newspaper Arab News. The following are excerpts:]

On Jan 8, 2020, Iran’s air defense system was on high alert after the military launched a barrage of missiles targeting Iraqi bases housing US troops. Iran feared US retaliation. A year later, there has been no proof of any foreign intrusion into its airspace at the time when two TOR rockets pierced the fuselage of Ukraine International Airlines Flight PS752. After initial denials, Iran admitted that the aircraft was shot down “mistakenly.”

If the downing was a mistake, then it exposes the unprofessionalism and recklessness of the Islamic Revolutionary Guard Corps (IRGC). However, there are other interpretations of the incident, linking it to a deliberate and calculated Iranian act intended to pin the blame on rival powers. But thanks to the almost immediate viral photographs and videos on social media, the IRGC had no room to blame hostile foreign forces.

Some 13 months later, a leaked audio of Iranian Foreign Minister Javad Zarif talking about the downing of Flight PS752 has stirred controversy inside Iran and abroad. In it, he can be heard saying that the incident was accidental, but later he says it is possible that two or three “infiltrators” deliberately downed the plane. In addition, he says a full investigation was not carried out and the truth of what happened will never be revealed by Iran’s Armed Forces and top leadership. He does not implicate his own government for hiding the facts, but seems to be scapegoating others by blaming “infiltrators” without providing details. Either way, Iran violated certain provisions of the 1944 Chicago Convention on International Civil Aviation and of the 1971 Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation.

Iran had accused the US of doing the same in July 1988, when Iran Air Flight IR655 was shot down over the Arabian Gulf, killing all 290 people on board. Though the US agreed to pay Iran $131.8 million in compensation in February 1996, some mysteries still exist.

Five months after the tragic downing of the Iran Air flight, Pan Am flight PA103 exploded at 31,000 feet, with its debris scattering across an area of more than 2,000 sq km along the English-Scottish border. The crash over Lockerbie claimed 270 lives. Finding evidence for what caused the deadly blast that ripped the plane apart was comparable to searching for a needle in a haystack, but aviation experts termed it a terrorist act. The media then recalled Iran’s threat to retaliate for the downing of Flight IR655.

Years later, however, Libyan citizen Abdelbaset Ali Mohammed Al-Megrahi was convicted for causing PA103’s deadly end. He pleaded his innocence until his death in 2012. Owing to foreign pressure and political expediency, Libyan President Muammar Qaddafi admitted his country’s role in the bombing. [RB: Libya accepted responsibility for the acts of the official who had been convicted at the Zeist trial. It did not admit anything other than that.] Among others, the late Nelson Mandela, himself a lawyer, had cast doubt on the prosecution’s case and the resulting verdict. Three decades later, the Scottish courts admitted Al-Megrahi’s family’s plea for a third appeal, only to reject it on Jan 15.

If, as some claim, Libya did not down the Pan Am flight, then who did? The most obvious suspect since December 1988 has been Ahmed Jibril, head of a Palestinian-Syrian terrorist group — the Popular Front for the Liberation of Palestine-General Command — whose ties to Iran were no secret. Jibril, said to be living in Damascus, was allegedly paid ... for avenging the downing of Flight IR655. At the time, the George H W Bush administration preferred not to blame Syria or Iran as it was preparing to attack Iraq in 1991 and needed their support. It was also seeking to free some hostages. Hence, Libya was blamed via al-Megrahi.