Silence for the dead of Lockerbie

[This is the heading over an article posted recently on the Lockerbie Truth website of Dr Jim Swire and Peter Biddulph.  It reads as follows:]

It is now almost six months since the revelation in John Ashton's book (Megrahi: You are my Jury: The Lockerbie Evidence) that the key evidence on which Baset Al-Megrahi was convicted can no longer be scientifically sustained.

And yet there remains a deafening silence on the part of the judges and Crown Office officials responsible for the investigation and conviction of Al-Megrahi.

The two main planks on which the prosecution's case was founded are:

1. A Maltese shopkeeper, Tony Gauci, identified Al-Megrahi as the stranger who had, shortly before the December 1988 bombing, bought clothes in his shop.

2. A fragment of an electronic timer board found at Lockerbie came from a batch of twenty sold to Libya in 1985 by Swiss electronics company MEBO.

1. The Maltese shopkeeper, Tony Gauci.

The Scottish Criminal Cases Review Commission, during their own three-year investigation of the case, found six grounds for concluding that "a miscarriage of justice may have occurred".

One of the SCCRC's grounds was their discovery of a series of entries in the police diary of chief Dumfries and Galloway police investigator Harry Bell.

Bell recorded from the first days of his investigation that huge offers of reward were available from the United States to principal identification witness Maltese shopkeeper Tony Gauci.

In a letter sent by Dana Biehl of the US Department of Justice, it was explained that Gauci would receive "unlimited monies, with $10,000 available immediately" if Al-Megrahi was convicted.

Bell's police diary, and all knowledge of this offer and negotiations concerning the offer, were concealed from the trial and first appeal. The judges who convicted Al-Megrahi were unaware of these matters when they concluded that Gauci was a totally reliable witness.

Gauci's final and conclusive identification of Al-Megrahi took place during a police identity parade.

Yet Gauci could not fail to identify the man, since he had possessed for several weeks a copy of a magazine with a colour photo of Al-Megrahi, in which the Libyan was described as "the bomber".

2. The fragment of electronic timer board

It was upon this item that the entire case against Al-Megrahi would turn. In the minds of the judges it proved the Libyan connection, since the evidence appeared to show that it came from a batch sold to Libya in 1985.

It had - according to the available evidence - been manufactured by Swiss company Thuring, on behalf of electronics supplier MEBO. It seemed to be a "golden thread" linking Al-Megrahi to the bomb.

In 2008 the Al-Megrahi defence team discovered an extraordinary anomaly, one which had escaped the attention of the prosecution team, the Scottish Crown Office, and the Scottish police. It concerned the silver-like protective coating on the fragment, which covered the copper circuitry in order to prevent oxidisation.

A hand-written note by the government's chief forensic scientist Alan Feraday had recorded the protective coating as "100% tin".

Feraday's records also showed that he was aware of the difference between the Lockerbie fragment and the coating upon a control sample supplied to the police as part of their investigation. The control sample - manufactured by Swiss company Thuring - contained a 70/30% alloy of tin and lead.

The prosecution and police mistake was to speculate that the heat of the Lockerbie explosion had entirely evaporated the lead content. But no follow-up investigations in order to test this theory were carried out.

During the trial, the judges and defence team were unaware of the anomaly and accepted the provenance of the fragment from the metallurgical point of view.

When in 2008 the defence team checked with Thuring, it emerged that all timer boards made by that company throughout the 1980's were coated with an alloy mixture of 70% tin and 30% lead. Indeed, Thuring had always made, and continue to make, boards with a 70/30% alloy.

In 2008 the Thuring production manager swore an affidavit to this effect and was scheduled to repeat his evidence in Al-Megrahi's second appeal, abandoned in 2009.

Having discovered the anomaly, the defence team commissioned two highly experienced and reputable scientists to investigate the matter. In a series of experiments carried out at separate laboratories, the scientists tested the theory of evaporation of lead content by high temperatures.

In all cases, the lead did not evaporate. Thus they established beyond all reasonable doubt that the fragment found at Lockerbie could not have come from any of the timers sold to Libya by MEBO.

This evidence too was scheduled to be presented in Al-Megrahi's second appeal, abandoned in 2009.

The protocols and data resulting from the defence-commissioned experiments would no doubt be freely available, should the prosecuting authorities request to examine them.

Do the responsible officers not have a duty of conscience to at least enquire into this new evidence?  

And might we ask of Lord Advocate Frank Mulholland how he would feel if it was his own daughter who had been murdered by unknown persons, while a man remains falsely convicted for that offence?

Will not his silence, and that of his officials and the Scottish judiciary, should it continue, be interpreted by historians as the greatest of betrayals of Scottish society and the law?

Busy doing nothing

[This is the heading over an item published yesterday on the Lockerbie Truth website of Dr Jim Swire and Peter Biddulph.  It reads as follows:]

On the 9th February this year the following letter was addressed to the Scottish Lord Advocate. We feel it appropriate at this time to remind people of its contents.

Before reading it, please note the following:

• Evidence given to the Lockerbie trial by a key forensic witness was false.
• In 1989 he recorded in long-hand that a significant metallurgical difference existed between the Lockerbie fragment and a set of printed circuit boards similar to those supplied to Libya in 1985.
• Yet ten years later during the trial he stated that the Lockerbie fragment was "similar in all respects" to the PCBs supplied to Libya.
• Four new witnesses, including the production manager in charge of the manufacture of the Libyan PCBs, and two reputable metallurgical scientists, are willing to show important new scientific evidence and give statements to the Scottish police.
• But the senior police officer in charge of the Lockerbie investigation is refusing to interview any of the four witnesses.
• He claims that to do so would "interfere with an on-going investigation in Libya." [RB: Further information here.]
• How such interviews could "interfere" with matters in Libya is not explained. He has however indicated that the issue might be resolved "in a matter of weeks".

Dear Lord Advocate,

With the publication almost a year ago of the book Megrahi: You are my Jury, it became public knowledge that there is scientific proof that the fragment of circuit board led in evidence at Zeist and known as PT35b although mimicking circuit boards owned by Libya, could never have come from any such board.

This circuit board fragment was the crucial link at trial, suggesting that the bomb could have come from Malta, since it represented a fragment from a long running timer.

I am horrified to hear this week that Urs Bonfadelli (Thuring’s production manager, & maker of the MEBO boards), Dr Chris McArdle and Dr Jess Cawley, the three experts most involved in defining the significance of the discrepancy over the metallurgy of PT35b have never been approached by the Crown Office or the Dumfries and Galloway police in connection with this devastating discovery during the whole of the time since publication of Mr Ashton’s book.

I must therefore ask that you will immediately launch an inquiry into all matters surrounding PT35b, its origin, and its discovery inside a Dumfries and Galloway police evidence bag.

It is, Sir, now over 24 years since my daughter Flora was murdered at Lockerbie. As her father I have a right to know who murdered her and why her life was not protected. Such lethargy as this is intolerable.

Adherence to the Zeist verdict, in the face of the immediate criticisms of the UN’s special observer Professor Hans Koechler, and those of Professor Robert Black QC, and many others, along with the SCCRC findings, and now this metallurgical finding, while at the same time refusing to investigate all these apparently well supported allegations would in the event that those allegations are found to be justified, be seen as dereliction of the duty of the Crown Office to deliver timely justice. Effectively it would also amount to protection for the real perpetrators.

May I remind you of these words often attributed to philosopher Edmund Burke:  All that is necessary for the triumph of evil is that good men do nothing.

I request therefore that you immediately commence a credible investigation, into all these matters, specifically including the circuit board fragment PT35b, its origin, and its finding inside a Dumfries and Galloway police evidence bag, without any further delay.

Further, in view of the extraordinary public statement made by the Crown Office concerning the 'allegations of criminality', lodged by the group known as JFM, before even receiving their supporting evidence, and accusing them of being fantasist conspiracy theorists, I feel that this letter should be made publicly available at once. I have therefore copied it elsewhere.

I am proud simply to be involved in a search for the truth, concerning my daughter’s murder, and not in any attempt to denigrate others in the process.

Yours faithfully,

Dr Jim Swire

A final chapter in the PanAm 103 bombing case?

[I am grateful to Lockerbie Truth’s Peter Biddulph for drawing my attention to this September 2009 article by William Blum in the Foreign Policy Journal.  It reads as follows:]

If there’s anyone out there who is not already thoroughly cynical about those on the board of directors of the planet, the latest chapter in the saga of the bombing of PanAm 103 over Lockerbie, Scotland might just be enough to push them over the edge.

Abdel Basset Ali al-Megrahi, the only person ever convicted for the December 21, 1988 bombing, was released from his Scottish imprisonment August 21 supposedly because of his terminal cancer and sent home to Libya, where he received a hero’s welcome. President Obama said that the jubilant welcome Megrahi received was “highly objectionable”. His White House spokesman Robert Gibbs added that the welcoming scenes in Libya were “outrageous and disgusting”. British Prime Minister Gordon Brown said he was “angry and repulsed”, while his foreign secretary, David Miliband, termed the celebratory images “deeply upsetting.” Miliband warned: “How the Libyan government handles itself in the next few days will be very significant in the way the world views Libya’s reentry into the civilized community of nations.”[1]

Ah yes, “the civilized community of nations”, that place we so often hear about but so seldom get to actually see. American officials, British officials, and Scottish officials know that Megrahi is innocent. They know that Iran financed the PFLP-GC, a Palestinian group, to carry out the bombing with the cooperation of Syria, in retaliation for the American naval ship, the Vincennes, shooting down an Iranian passenger plane in July of the same year, which took the lives of more people than did the 103 bombing. And it should be pointed out that the Vincennes captain, plus the officer in command of air warfare, and the crew were all awarded medals or ribbons afterward.[2]No one in the US government or media found this objectionable or outrageous, or disgusting or repulsive. The United States has always insisted that the shooting down of the Iranian plane was an “accident”. Why then give awards to those responsible?

Today’s oh-so-civilized officials have known of Megrahi’s innocence since 1989. The Scottish judges who found Megrahi guilty know he’s innocent. They admit as much in their written final opinion. The Scottish Criminal Cases Review Commission, which investigated Megrahi’s trial, knows it. They stated in 2007 that they had uncovered six separate grounds for believing the conviction may have been a miscarriage of justice, clearing the way for him to file a new appeal of his case.[3] The evidence for all this is considerable. And most importantly, there is no evidence that Megrahi was involved in the act of terror.

The first step of the alleged crime, sine qua non — loading the bomb into a suitcase at the Malta airport — for this there was no witness, no video, no document, no fingerprints, nothing to tie Megrahi to the particular brown Samsonite suitcase, no past history of terrorism, no forensic evidence of any kind linking him to such an act.

And the court admitted it: “The absence of any explanation of the method by which the primary suitcase might have been placed on board KM180 [Air Malta to Frankfurt] is a major difficulty for the Crown case.”[4]

The scenario implicating Iran, Syria, and the PFLP-GC was the Original Official Version, endorsed by the US, UK, Scotland, even West Germany — guaranteed, sworn to, scout’s honor, case closed — until the buildup to the Gulf War came along in 1990 and the support of Iran and Syria was needed for the broad Middle East coalition the United States was readying for the ouster of Iraq’s troops from Kuwait. Washington was also anxious to achieve the release of American hostages held in Lebanon by groups close to Iran. Thus it was that the scurrying sound of backtracking could be heard in the corridors of the White House. Suddenly, in October 1990, there was a New Official Version: it was Libya — the Arab state least supportive of the US build-up to the Gulf War and the sanctions imposed against Iraq — that was behind the bombing after all, declared Washington.

The two Libyans were formally indicted in the US and Scotland on Nov. 14, 1991. Within the next 20 days, the remaining four American hostages were released in Lebanon along with the most prominent British hostage, Terry Waite.[5]

In order to be returned to Libya, Megrahi had to cancel his appeal. It was the appeal, not his health, that concerned the Brits and the Americans. Dr. Jim Swire of Britain, whose daughter died over Lockerbie, is a member of UK Families Flight 103, which wants a public inquiry into the crash. “If he goes back to Libya,” Swire says, “it will be a bitter pill to swallow, as an appeal would reveal the fallacies in the prosecution case. … I’ve lost faith in the Scottish criminal justice system, but if the appeal is heard, there is not a snowball’s chance in hell that the prosecution case will survive.”[6]

And a reversal of the verdict would mean that the civilized and venerable governments of the United States and the United Kingdom would stand exposed as having lived a monumental lie for almost 20 years and imprisoned a man they knew to be innocent for eight years.

The Sunday Times (London) recently reported: “American intelligence documents [of 1989, from the Pentagon's Defense Intelligence Agency (DIA)] blaming Iran for the Lockerbie bombing would have been produced in court if the Libyan convicted of Britain’s worst terrorist attack had not dropped his appeal.” Added the Times: “The DIA briefing discounted Libya’s involvement in the bombing on the basis that there was ‘no current credible intelligence’ implicating her.”[7]

If the three governments involved really believed that Megrahi was guilty of murdering 270 of their people, it’s highly unlikely that they would have released their grip on him. Or is even that too much civilized behavior to expect.

One final note: Many people are under the impression that Libyan Leader Moammar Qaddafi has admitted on more than one occasion to Libya’s guilt in the PanAm 103 bombing. This is not so. Instead, he has stated that Libya would take “responsibility” for the crime. He has said this purely to get the heavy international sanctions against his country lifted. At various times, both he and his son have explicitly denied any Libyan role in the bombing.

____________________

[1] Washington Post, August 22 and August 26, 2009

[2] Newsweek magazine, July 13, 1992

[3] Sunday Herald (Scotland), August 17, 2009

[4] “Opinion of the Court”, Par. 39, issued following the trial in 2001

[5] Read many further details about the case at http://killinghope.org/bblum6/panam.htm

[6] The Independent (London daily), April 26, 2009

[7] Sunday Times (London), August 16, 2009

Further claims by Lockerbie figures of monitoring of communications

[A report in today's edition of The Times carries the headline Lockerbie professor says secret service agents snooped on him. It reads in part:]

A senior legal figure who masterminded the Lockerbie trial believes that he was put under surveillance by the security services.

Robert Black, professor emeritus of Scots law at the University of Edinburgh, is convinced that his emails and telephone calls were intercepted at home and his campus office.

Professor Black spoke out after The Times published extracts from Foreign Office documents, circulated to Margaret Thatcher in 1989 when she was prime minister, which warned that relatives of the bomb victims were becoming increasingly vocal and required “careful watching”. (...)

Professor Black was the key architect of the arrangement that allowed Abdul Baset al-Megrahi, a Libyan intelligence agent, to stand trial under Scots law at Camp Zeist in the Netherlands in 2000.

After the trial, which ended with Megrahi being found guilty and sentenced to life imprisonment, the academic became convinced that a miscarriage of justice had taken place.

Professor Black believes that he and Jim Swire, a former GP who became the public face of the campaign to secure an independent inquiry into the atrocity, attracted the attention of the intelligence services. Mr Swire’s daughter Flora was killed in the bombing.

“I had suspicions about interception of email communications and monitoring of telephone conversations both at my home and at my university office,” Professor Black said.

“In telephone conversations Dr Swire and I would sometimes deliberately include misleading information. On other occasions, if clicks and hissing made the apparent monitoring more than usually obvious, Dr Swire would say: ‘Hi guys’.”

Professor Black, who was born and brought up in Lockerbie, added: “This was at a time when I had put forward my proposal for a non-jury Lockerbie trial in the Netherlands after getting Libyan agreement to it. Opposition to it was virulent and those pressing the scheme, including Dr Swire and myself, were very unpopular in government circles.”

Dr Swire and the Rev John Mosey, who lost his daughter Helga in the tragedy, also claimed that their phone calls were often disrupted and their computer equipment interfered with after they spoke publicly about the case.

Peter Biddulph, a researcher and author who has spent years investigating the bombing, is also convinced that he was put under surveillance,

He said: “Around two weeks after I had interviewed Jim [Swire] I sat down and found every one of the files in my computer folder had been accessed that morning.

“It was a bit of a shock and I was in a flat panic. I ended up in my solicitor’s office swearing an affidavit, which is still in his safe. After that I got a second computer and made sure it wasn’t connected to the internet.”

The claims were corroborated by Hans Köchler, an Austrian academic, who was appointed by the UN to be an independent observer at the Camp Zeist trial.

He told The Times: “I had similar experiences in the time after the publication of my first report on the Lockerbie trial in 2001 and the following years, in terms of intrusion into the computer systems in my office in two different locations, leading to data loss and destruction of the operating system.”

A spokesman for the Crown Office said that Lockerbie remained a live criminal investigation.

The Foreign Office declined to comment.

Semtex mystery

[The text of Peter Biddulph's letter, as published in The Sunday Times on 20 June, is as follows:]

You report that Libyan Semtex “was used in the bombing of Pan Am Flight 103 at Lockerbie, when 270 were killed, for which Libya has paid more than £5m to each family” (“Gadaffi to pay £2bn to victims of IRA bombs”, News, last week).

As a longtime researcher — jointly with Dr Jim Swire, among others — into the Lockerbie bombing, I have found no mention of the use of Libyan Semtex. Nor does one appear in any associated documents or even allegations by those involved in the inquiry (including the Scottish police, the FBI and the CIA).

The origins of the Semtex used and the explosive enhancer have never been proved or even guessed at. The critical evidence advanced at trial — that the timer that triggered the bomb came from a batch sold to Libya — is itself now subject to deep suspicions that it was manufactured and planted.

Vincent Cannistraro, Jack Straw and a new car

[This is the headline over an item posted today on the Lockerbie Truth website of Dr Jim Swire and Peter Biddulph.  It reads as follows:]

Today's news that Libya's military commander and former opponent of Gaddafi is taking legal action against Jack Straw comes to us as no surprise. 

Abdel Hakim Belhadj claims that CIA agents took him from Thailand to Gaddafi-led Libya, via UK-controlled Diego Garcia. His lawyers have served papers on Mr Straw after a Sunday Times report claims that Straw approved or allowed the rendition to take place. 

From approximately 2000 to 2008 Libyan intelligence services were effectively an out-sourced section of the CIA.  Tripoli was cooperating with both the CIA and MI6 in the rendition of Libyan dissidents, occasionally their wives, children, and other suspects to Libyan prisons for interrogation, torture, and sometimes death. In addition MI6 were monitoring the activities of active Libyan dissidents living in the UK and providing reports to at that time head of intelligence Moussa Koussa.¹

In 1995, as part of our research into the background to the Lockerbie tragedy, we discovered from files published by the US National Archive that the foundation for the current US network of rendition was established as far back as 1986, revealed in an email written by Vincent Cannistraro to his chief Admiral John Poindexter.  

We should recall that Cannistraro was, in December 1988, placed in charge of the CIA team investigating the Lockerbie bombing.  It was on his watch that a fragment of a timer circuit board mysteriously appeared on a hillside near to Lockerbie, and that fragment formed a central ground for the conviction of Abdel Baset Ali Al-Megrahi.

It has now been proved by independent scientific testing at two separate laboratories that the Lockerbie fragment could not have come from a batch of timer boards sold to Libya by Swiss company MEBO. [RB: See John Ashton, Megrahi: You are my Jury, pages 355 to 362.] So it was either a separately manufactured timer of unknown origin, or it was a fake, planted to turn suspicion away from Iran towards the simpler target nation of Libya. In either case, it destroys the prosecution claims against Al-Megrahi.  And what is notable today is the complete silence by the FBI and the Scottish Crown Office upon this matter. 

Cannistraro in 1986 was tasked by President Reagan to lead a campaign of "disinformation" to destabilise and eventually destroy the Gaddafi regime. 

For most folks with any sense of morality, the word "disinformation" means "lies". But to the White House and their CIA agents, it means doing one's duty for God and America.  

The motto in the entrance hall of CIA headquarters at Langley, Virginia is "Seek you the Truth and the Truth shall set you free."  Some say that Americans have no sense of irony. Well, maybe...

Cannistraro was exercised at the refusal of White House assistant Clair George to sign off a proactive counter-terrorism programme which involved kidnappings across the world of “suspected terrorists”. In USA speak of that era, the words meant simply “those who actively oppose US policy”. 

Cannistraro advised: "Dewey Clarridge told me he is being frustrated in carrying out the new counter-terrorist program. Specifically Clair is refusing to sign off on command cables setting up ops to apprehend terrorists abroad.... there was solid agreement on the objectives and intent, and the only contentious point was the legal language which CIA wanted and State and White House counsel insisted be deleted. Clair really doesn't want CIA to get into counter-terrorist mode. I discussed this with Ollie [North] before he left on his trip and he agrees. I think you should raise with [CIA Director] Casey. If you agree, I will do this as DCI [Director of Central Intelligence] / JMP [Poindexter] agenda item or as TPs [talking points] for a secure line call."²

In 2004 Prime Minister Tony Blair must have been aware of these issues. His much vaunted meeting in the desert with Gaddafi in 2004 would surely have covered such matters. But if it did not, then the conclusion one is forced to draw is that MI6 were not including reports on the running of the rendition system in their intelligence briefings at Downing Street. We might therefore fairly ask who runs Britain?

Be that as it may, if we look at this disgusting history with an objective eye, we might consider the honesty and credibility of all these characters.  The standard test of such is usually "Would you buy a used car from this man?"  Our answer is: No. And we wouldn't buy a new one, either.

¹http://www.time.com/time/world/article/0,8599,2091653,00.html  , BBC and Sky News reports, Human Rights Watch research into files retrieved from Moussa Koussa’s office in Tripoli, 3^rd September 2011.

²Vincent Cannistraro email to John Poindexter, 6th May 1986. White House Email. Pub 1995, National Archive of the United States, Ed. Tom Blanton.

Lockerbie movie in development

[The following is an excerpt from an exclusive report headlined Amber, Forecast Setting Up Lockerbie Movie published today on the website of the show business magazine Variety:]

Amber Entertainment and Forecast Pictures have launched development of a [movie] based on Dr. Jim Swire (...), whose eldest child perished in Pan Am Flight 103 over the Scottish town of Lockerbie in 1988.

Forecast’s Jean Charles Levy will collaborate with Amber’s Ileen Maisel and Lawrence Elman. Audrey O’Reilly has been tapped to write the screenplay.

Swire’s daughter Flora Swire was one of the 259 people on board the flight. The story will follow a father’s journey in search of truth to honor the memory of his daughter.

Swire, an English doctor, was active in the UK Families Flight 103 to seek a public inquiry into the crash. Two Libyan suspects were tried in 2000; one of them, Abdelbaset al-Megrahi, was convicted of 270 counts of murder the following year.

Swire said of the project, “I believe this young and vibrant group has the skills, humanity and resources to create a film which will respect the depths of the many human tragedies involved, but also make us rejoice that love and the human spirit cannot in the end be overcome by evil.”

Amber and Forecast are not disclosing details about the project other than saying the movie is “not intended to make judgments; but to tell of Jim Swire’s integrity in his never ending demand for truth and justice.”

[A press release about the film can be read here on Jim Swire and Peter Biddulph's Lockerbie Truth website.]

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.] 

Verdict has inflicted catastrophic damage on Scotland’s criminal justice system

[What follows is excerpted from a long article headlined Lockerbie bombing: Murder victim’s father blames Iran for atrocity and accuses the West of ‘sinister’ cover up published today on the website of the Dundee newspaper The Courier:]

More than 32 years have passed since Jim and Jane’s hearts were torn apart by the terrible events that took place in the skies above Lockerbie on December 21, 1988.

A terrorist bomb, loaded into the hold of their beloved daughter’s New York-bound aircraft, exploded 38 minutes after take off from Heathrow Airport, murdering 270 people.

At first, Jim accepted American claims that Libya was responsible.

But during the trial of Abdelbaset al-Megrahi, the man eventually convicted of the atrocity, he began to have doubts. (...)

Over three decades, Jim’s search for the “truth” on behalf of Flora and all those who died has taken him from the corridors of power in London and Washington to the United Nations and Egypt, as well as to the inner sanctum of former Libyan dictator Muammar Gaddafi.

Now having released his new book, co-written with Peter Biddulph, The Lockerbie Bombing: A Father’s Search for Justice, Jim explains why he remains disillusioned with the British and American establishment and why he firmly believes it was Iran – not Libya – that was responsible for the atrocity.

He also believes the 2001 Lockerbie trial verdict has inflicted “catastrophic” damage on Scotland’s criminal justice system.

“What matters most about Lockerbie is that 270 people died in a clear cut revenge attack launched at the behest of Iran, and our government both failed to take any notice of the warnings and failed to allow any inquiry into why the attack hadn’t been prevented,” says Jim, now 85, in an interview from his home in the North Cotswolds.

“It’s my view having studied the evidence very carefully over 32 years that the device never came from Malta, never came through Frankfurt airport but was delivered overland to Heathrow and put aboard there, despite the government having been warned about it.

“There’s plenty supporting evidence to show that, which leaves the question of how did it come about that the West mounted the trial that resulted in the conviction of one of one of those two Libyans when clearly that’s not how it was carried out at all?

“I think that’s a really sinister background.

“But the other thing that is monstrous, apart from the murders themselves, is the fact that for whatever reason the West, which really means America and Britain, decided that it was going to create an entirely false story to conceal the fact that they had other ambitions of the outcome from Lockerbie to serve some kind of purpose other than the truth.” (...)

He talks about his view – backed by Scots lawyers he’s spoken to – that the evidence at the Camp Zeist Scottish Court trial was “not coherent”.

While he thinks police in Scotland “did their best”, he believes a fundamental error was made when clothing wrapped around the bomb traceable to Malta was presented as evidence the bomb had come from Malta.

Jim believes that for geopolitical reasons, instead of looking for justice, politicians “wanted to divert blame away from Iran” and they “needed a scapegoat” which they found in Gaddafi’s Libya. Gaddafi admitted responsibility but maintained he did not order the attack.

Jim believes the conviction of al-Megrahi was “one of the biggest miscarriages of justice in the history of Scottish law” and believes future historians will piece together “what really happened” when confidential documents are made public. (...)

Flora, a brilliant medical researcher just a day short of her 24th birthday, was on her way to see her boyfriend in the USA for Christmas when she was murdered.

Describing bereavement as a “life sentence”, Jim admits he and his wife quietly reflect on the children their daughter might have had and the career she might have led.

But as a member of that unwanted club of families who have been affected by terrorist atrocities, he also reveals one of the worst things that happened to him during the last 32 years was when he received an email from a relative of one of the American victims whose daughter had been killed on the flight – sent at a time when it was known al-Megrahi had incurable prostate cancer.

“What she said to me was ‘Dr Swire, you are a doctor over there. Will you speak to the doctors over there and tell them that we don’t want painkillers to be provided to Megrahi. We want that man to die in the utmost agony’.

“What that told me was that poor lady: the hatred she had for the man she at that time very reasonably believed had murdered her child.

“That was another victory for the terrorists – her personality had been destroyed by the hatred that had been generated by the terrorist atrocity.

“One of the things that all of this nonsense about Malta and Libyans and all the rest of it has done is deny us so far the ability to even forgive those who really did murder our children who in this case was essentially the Ayatollahs of Iran and their minions.

“To be denied that and to protect those people from the wrath of international justice is one of the most dreadful things to have fallen out of this, apart from the dreadful murders themselves.”

Address to the People and Government of Scotland

This is the title of an open letter issued by Justice for Megrahi calling upon the Scottish Government to set up an independent inquiry into:

• The Fatal Accident Inquiry into the downing of Pan Am 103.
• The police investigation of the tragedy.
• The subsequent Kamp van Zeist trial.
• The acquittal of Lamin Fhimah and conviction of Abdelbaset al-Megrahi.
• The SCCRC’s referral of Mr al-Megrahi's case to the Court of Appeal.
• The dropping of this second appeal and the compassionate release of Mr al-Megrahi.

The full text of the address can be read here on the Newsnet Scotland website.

The list of signatories is as follows:

Ms Kate Adie (Former Chief News Correspondent for BBC News).
Mr John Ashton (Co-author of Cover-up of Convenience: The Hidden Scandal of Lockerbie).
Mr David Benson (Actor and author of the play Lockerbie: Unfinished Business).
Mrs Jean Berkley (Mother of Alistair Berkley, who was killed on flight 103).
Mr Peter Biddulph (Lockerbie tragedy researcher).
Professor Robert Black QC (Commonly referred to as the architect of the Kamp van Zeist Trial).
Professor Noam Chomsky (Professor Emeritus of Linguistics, Massachusetts Institute of Technology, and human rights commentator of international repute).
Mr Tam Dalyell (Member of Parliament: 1962 – 2005, Father of the House: 2001 – 2005).
Mr Ian Ferguson (Co-author of Cover-up of Convenience: The Hidden Scandal of Lockerbie).
Mr Robert Forrester (‘Justice for Megrahi’ committee member).
Ms Christine Grahame (Member of the Scottish Parliament and justice campaigner).
Mr Ian Hislop (Editor of Private Eye: one of the UK’s most highly regarded journals of political comment).
Father Pat Keegans (Lockerbie Parish Priest at the time of the Pan Am 103 incident).
Mr Adam Larson (Editor, writer and proprietor of The Lockerbie Divide).
Mr Iain McKie (Retired Police Superintendent and justice campaigner).
Ms Heather Mills (Reporter for Private Eye specialising in matters relating to Pan Am flight 103).
Mr Charles Norrie (Brother of Tony Norrie, who died aboard UT-772 over Niger on 19th September 1989).
Mr Denis Phipps (Aviation security expert).
Mr John Pilger (Author and campaigning human rights journalist of world renown).
Mr Steven Raeburn (Editor of The Firm, one of Scotland’s foremost legal journals).
Mr James Robertson (Writer and author of the recently published And the Land Lay Still).
Doctor Jim Swire (Justice campaigner, Dr Swire’s daughter, Flora, was killed in the Pan Am 103 incident).
Sir Teddy Taylor (Former Shadow Secretary of State for Scotland and Member of Parliament from 1964 to 2005).
His Grace, Archbishop Emeritus Desmond Mpilo Tutu (Defender of human rights worldwide, Nobel Peace Prize winner and headed South Africa’s Truth and Reconciliation Commission).

[The writer A L Kennedy is the latest person to add her name to the list of signatories.]

Lockerbie evidence 'was not given to Megrahi's lawyers'

[This is the headline over a report in today’s edition of The Independent on Sunday.  It reads in part:]

Key evidence that could have acquitted Abdelbaset Ali al-Megrahi of the Lockerbie bombing was not given to his defence team, according to the author of a new book.


Crucial information about a fragment of electrical circuit board that was alleged to have come from the bomb which destroyed a passenger aircraft over the skies of Lockerbie, Scotland, killing 270 people in 1988, was given to police in the run-up to Megrahi's trial in 2000 but never disclosed, it is claimed.

The allegations are made in the book Megrahi: You Are My Jury, by John Ashton. The book has been condemned by David Cameron, who called it "a disgrace" to the families of the murdered. It claims that a key fragment of circuit board, found at the Lockerbie crash site and said by the prosecution to be from a timer which detonated the bomb, could not have been one of a batch that was sold to Libya by the manufacturers.

The fragment was a vital link in the prosecution argument that the bomb was placed in the aircraft by Megrahi. Last night experts who have closely followed the case said the claim, if true, meant the case against Megrahi is now "blown out of the water".

During Megrahi's trial it was accepted the fragment from the timer came from the Swiss company Mebo. The company admitted selling 20 such timers to the Libyans, but new evidence points to the Lockerbie fragment not being one of them. The one at Lockerbie was coated in tin, whereas those sold to Libya were coated with a tin and lead alloy, Mr Ashton says. A sworn affidavit from the production manager said the company only ever used alloy, rather than pure tin.

Megrahi's trial heard evidence from two prosecution witnesses that the lack of lead on the coating could be explained by it having been burned off in the heat of the explosion. Neither witness was an electronics expert.

However, the book reveals that Megrahi's solicitor, Tony Kelly, commissioned two scientists, Dr Chris McArdle, a former adviser to the Government, and Dr Jess Cawley, a consultant to the engineering industry, to test the suggestion. Both concluded this could not have happened.

The book also claims that notes by a prosecution forensics expert, Alan Feraday, during his original examination of the circuit board fragment in 1991, reveal he was aware of a difference in the make-up of the circuit board. However, his notes, which were given to police on 8 November 1999, were not disclosed to Megrahi's defence team until 2009.

"Had these documents been disclosed to the defence team, they would have provided the basis for a vigorous cross-examination of Feraday but, in the event, his claim that the fragment was 'similar in all respects' to the control samples went unchallenged," said Mr Ashton. "I don't believe the police would have withheld the documents from the Crown, which raises the second question: why was it not disclosed to the defence?

"Whether it was deliberate or not, I don't know. But it was appalling, and someone should be held to account for it. They did not meet their duty of disclosure. That is a huge scandal."

The Independent on Sunday sent the relevant pages of the book to Mr Feraday but received no response.

Defence lawyer Gareth Peirce said yesterday: "What the research makes unarguable is that any claimed investigation to date has been determinedly false and has robbed them of a truthful and transparent account."

Peter Biddulph, a researcher for Jim Swire, who lost his daughter in the tragedy, said the allegations would further victims relatives' push for a new inquiry. He said: "[These allegations] show the case against Megrahi is totally blown out of the water."

A Crown Office spokesperson said: "In respect of the timer fragment, the defence experts were satisfied it had suffered damage consistent with it having been closely associated with an explosion and that it had come from an MST-13 timer."