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Saturday 23 April 2016

Lockerbie: The question that has not been asked

[This is the headline over an article that appeared in The Herald on this date in 1994. It reads as follows:]
One of the bloodiest terrorist attacks ever, the explosion of the PanAm jumbo above Lockerbie in 1988, has never been solved. Two Libyans,according to the early version, allegedly carried out the crime alone. This report, by Der Spiegel journalists, following a trail that took them to Berlin, Budapest, Geneva, and Moscow, unearths new leads leading to Germany. The key figure, a Swiss businessman, turns out to have been in the pay of the East German security service for almost 20 years -- and possibly worked for the CIA as well. KGB officials say they knew of the connection -- and are astonished that the Americans have yet to ask them about it.
A colour photo, magnified 15 times, reveals only a scorched fragment of a chip of green synthetic resin smaller than a fingernail. Only magnification allows one to see the soldering typical of an electronic circuit board.
Nor does the picture of a two-part plastic housing reveal much at first glance. The upper and lower part are held together by a wire. Not visible from the outside are two dials mounted on the plastic. Electronics experts say the dials were used to set a timer, necessary for the precise detonation of a bomb.
Secretive men have been presenting such photos for months to investigators in Berlin. Swarms of secret agents from the intelligence services of all the world are here; it is as if the Cold War had never ended and Berlin was the spies' capital.
For German investigators, this is a ''home game''. Officials of the Federal Office for the Defence of the Constitution, colleagues from the State Security Service, investigators from the Federal Criminal Investigation Agency, and public prosecutors from Berlin and Frankfurt are trying to solve the toughest political crime puzzle of recent years: the history of the timer.
One question is: whose hands held the clock? Terrorists may have used such a timer to detonate the bomb that ripped apart the PanAm jumbo. All 259 aboard, most of them US citizens, were killed, along with 11 people on the ground.
Many people thought the case was officially closed. American and Scottish authorities claimed in November 1991 that two Libyan secret agents, Amin Khalifa Fuheima, then 35, and Abdel Bassit Ali el-Mikhrahi, then 39, were behind the Boeing 747 outrage. Once again, the hand of Libya's chief of state, Moammar Gaddafi, was seen lurking behind Arab terrorism.
The US Justice Department demanded the extradition of the two suspects -- in vain. The United Nations decreed an embargo of Libya as a result, and tightened it last November.
But new facts have emerged that cast serious doubt on the hypotheses pieced together so far. Investigators and agents speak of a ''German trail'' -- and it is hot.
Lockerbie, according to Scotland Yard, was ''the most expensive piece of detective work in criminal history''. Fifteen thousand witnesses were interviewed, 20,000 names checked, 35,000 photos analysed, 180,000 pieces of evidence evaluated.
One German trail was discovered almost from the beginning: in all likelihood, the deadly luggage came from Frankfurt. According to investigators, the suitcase bearing the bomb reached the German airport on the morning of December 21, 1988, on an Air Malta flight and was transferred to the PanAm jet as unaccompanied luggage. Around 1.07pm, a computer gave the bronze-coloured Samsonite suitcase the code number B-8849. Then, between 3.12 and 4.50, it was loaded, unchecked, on to flight 103 to London, a stopover on the transatlantic flight.
But there is a new German trail. It leads to East Berlin and the former Ministry for State Security, the Stasi. Prominent names from the ministry have recently been added to a list of witnesses to be interrogated. Not only former Politburo members but Egon Krenz, who succeeded East German leader Erich Honecker, have been named. Everything revolves around one question: when was the timer given to whom, and for what purpose?
No-one is saying that Lockerbie was the Stasi's direct work but it seems Stasi officers may have provided key assistance to an Arab state or terrorist group. It has been discovered that detonators of the Lockerbie type were in the possession of the ministry.
From the beginning, the key to the Lockerbie puzzle was a piece of the tape player that investigators found after an exhaustive search of the crash site. It was found burned into a shirt collar belonging to one victim, Karen Noonan.
In weeks of painstaking work, the Scottish specialist Thomas Hayes was able to identify the plastic fragment, production number PT 30, as part of the detonator. That indicated that the Lockerbie bomb was of the same type as one built two months earlier by a group of militant Palestinians in the German city of Neuss. The explosive used in both cases was Semtex H; in both cases, a lump of it was hidden in a Toshiba radio recorder.
The Palestinian group in Neuss used a barometric detonator, which would set off a bomb explosion after a change in air pressure -- for example, when an airplane had reached a certain altitude. As a result, the Neuss terrorists, operating under Syrian sponsorship, were long considered leading suspects in the Lockerbie attack.
However, when it became absolutely clear that the explosives on flight PanAm 103 were set off by a simple timer, the investigation took another direction.
CIA analysts led investigators to the Mebo AG firm in Zurich. It deals with electronic devices of all sorts. The timer was part of one it had produced -- Type MST-13 -- in 1985 for use by Libyans in desert warfare. It was both dust and water-tight.
According to the CIA, one of these timers was used in 1986 in a bomb attack on the American Embassy in Togo. In February 1988, two Libyans were arrested in Senegal in connection with that attack; they had 10 kilograms (22lbs) of plastic explosives and two MST-13 timers in their possession. Though the name of the manufacturer had been scratched off, lab technicians were able to make it out: Mebo.
Fewer than two dozen of the timers were produced, all of them apparently for Gaddafi's people. Mebo officials told the CIA, as well as American and British Lockerbie investigators, that the timers were sold only to Tripoli and to the Libyan People's Bureau, or embassy, in East Berlin. The charges against the two Libyan suspects rest largely on this evidence.
Yet the Mebo version turned out to be a cover story. Edwin Bollier, 56, one of Mebo's top two executives, claims to have suddenly remembered six months ago that there was a second client: ''the Institute for Technical Research or something like that'' in East Berlin. In fact, that institute, ITU for short, served as a highly-specialised workshop for the Stasi, making specialist tools such as listening devices and miniature transmitters for its agents.
At first, investigators believed that the Libyans had bought off Bollier to exonerate themselves. Investigators also paid close attention to the fact that in January, during a Geneva meeting between US President Bill Clinton and the Syrian head of state, Hafez Assad, in the President Hotel, an intriguing group was in attendance: the so-called Libyan defence team, including London lawyer Stephen M. Mitchell and the American defence attorney Frank Rubino.
Even Bollier found his way to Geneva, where he recounted further details on the sale of Mebo timers to East Berlin. It is known that, in 1985, the Stasi acquired MST-13 timers. State prosecutors say Bollier sold as many as seven of them to the East Germans. This number comes from a copy of a bill Bollier suddenly ''found''.
Some former Stasi buyers have since admitted ordering MST-13-type timers. A former Stasi colonel, questioned by the Federal Criminal Investigation Agency in Munich, has said that his ministry played no direct role in the Lockerbie explosion but that it was entirely possible that it had passed along such a timer.
Meanwhile, the Stasi has been linked to other murderous attacks. Not long ago, its anti-terrorism specialist Helmut Voigt was sentenced to four years in prison for passing on the explosives used in the 1983 bombing of the Maison de France in Berlin (one dead, 22 injured). This all raises questions about the earlier theory that the Libyans acted alone.
Bollier may have worked for the East Germans as an unofficial collaborator of the Stasi, providing sensitive materials for decades. At Stasi headquarters, he was registered under file number 2550/70. Bollier tells Der Spiegel he had no idea he had been given a code name.
In the late 60s, the East Germans had enormous need for electronic spying devices. The Stasi created a special unit whose mission was to listen in on the West German telephone network. Its name: Department III.
Meeting in a Berlin hotel, the department's head, Horst Mannchen, quickly reached agreement with Bollier. The Swiss would provide the Stasi with special antennas, coders, police radios, and data terminals. Mannchen wanted radio equipment for 3000 spies.
The Stasi paid Bollier in cash, hard West German marks. ''Bollier,'' says one former Stasi official, ''did well over a million marks business with us.''
Bollier's firm also had surprising contacts within the Western services. Bollier was thus able to obtain a device that was then a closely guarded American secret: the ''Mark'' voice analyser. The device, which works like a lie detector, registers subtle changes in the voice. Stasi's top man, Markus Wolf, wanted it to test the loyalty of his agents.
However, the Stasi people became suspicious of the ease with which Bollier was able to obtain the machine. They decided to try to find out who he really worked for.
Bollier travelled so much and was so active that Stasi agents were unable to keep a tail on him, and never proved anything but the suspicion grew that Bollier was also working for a Western service, probably the CIA, according to one internal report.
Is it possible that a man in the service of the CIA was even indirectly responsible for the horrible disaster over Lockerbie? German prosecutors aren't ready to provide a final answer to that. However, one former Stasi man told investigators: ''A man like Bollier had hidden protectors in the West.'' When asked by Der Spiegel about CIA contacts, Bollier said simply: ''No comment.''
Mr Joachim Wenzel, a brilliant technician for Stasi, says Bollier delivered timers to him in 1987, in his offices on Ferdinand Schultze Street in East Berlin. The Stasi people there had close contacts to militant Arab groups and also to the Red Army Faction of West Germany.
The timers have since disappeared. It is not clear whether they were destroyed in the chaos surrounding the end of communist rule, or whether they found their way into the world of international terrorism. There were many possible takers. The Stasi's connections to Arab terrorist groups formed a web with many spiders. The Stasi, for example, delivered to the security division of the Palestine Liberation Organisation around 5000 hand grenades, explosives, and 1000 detonating devices in 1980 alone.
Many splinter groups of the Palestinian movement also found a new base in East Germany. The terrorist Carlos, sought around the world for his part in a series of murderous attacks, spent time in the Palast Hotel on East Berlin's Unter den Linden boulevard. The fighters of the infamous Abu Nidal took a three-month course at Stasi headquarters in 1985, including training with rocket and grenade launchers.
Only months later, the group killed 16 people in an attack on Rome airport and four in Vienna.
Abu Daoud, who was linked to the 1972 Munich Olympics massacre, lived in Berlin in the 80s, at Prenzlauer Allee 178.
But who was behind the Lockerbie attack? Was it the Iranians, furious over the shooting down of an Airbus full of civilians by the destroyer Vincennes over the Strait of Hormuz in 1988? Did the Syrians help?
The KGB is not convinced by the theory that the Libyans acted alone and although the Russians are well-placed to have information on both the Arabs and the Stasi, they have not been contacted by American investigators. One former head of Soviet foreign intelligence said: ''They haven't asked us a single question.''

Sunday 14 February 2016

Lockerbie: Bomb trigger or clever fake?

[This is the headline over part three of Dr Morag Kerr’s series of Lockerbie articles. It appears at pages 15 to 19 of the February 2016 edition of iScot magazine. The previous two instalments are referred to on this blog here and here. The February instalment reads in part:]

(...) Once the first pieces of blast-damaged baggage container were brought in on Christmas Eve, the police knew they were dealing with mass murder.  Every piece of debris recovered, down to the smallest rag or scrap of suitcase, was logged with the precise location where it had been found.

The item designated PI/995, which became a crucial clue and a nexus for numerous conspiracy theories, was logged as being picked up near Newcastleton, twenty miles east of Lockerbie, on 13th January 1989.  It proved to be a scrap of shirt collar, burned by close proximity to the explosion.  Much has been written about the provenance of this item, and in particular the scanty and problematic documentation of its most significant feature – a 1 cm square fragment of fibreglass printed circuit board found embedded in the cloth and dubbed PT/35b.

This fragment is at the centre of a confused and confusing mess of renumbered pages, inconsistent dates and general muddle which have led many people to speculate that it was actually a retrospective plant.  These suspicions are heightened by the absence of any record during 1989 of a serious forensic investigation of the item, although the RARDE scientists were obsessing over other pieces of circuit board at that time.  PT/35b apparently sat in a side-room, unremarked, despite a photograph dated May 1989 in which it seems to sit there shouting “look at me, I’m a freaking great CLUE!”

However, detailed examination of the suspect documentation doesn’t categorically prove that any of it was inserted retrospectively.  The examination notes in question, written by forensic scientist Dr Thomas Hayes, are so scrappy, disorganised and unprofessional that it’s impossible to prove anything either way.  While pages 50 and 51 look very much like interpolations (PI/995 is described on page 51), there are many other equally obvious interpolations – it seems to have been the way he worked.  Not only that, the nature of the documentation is such that if he had wanted to add the reference to PT/35b retrospectively he could simply have substituted a single re-written page and nobody would have been any the wiser.

One thing seems reasonably certain.  The scrap of collar really did fall out of the sky, with the shirt it was part of being extremely close to the explosion.  The careful logging of the recovered debris shows four separate parts of that same shirt recovered from widely separated locations which form an almost perfect straight-line continuation of the “southern debris trail”.  While PI/995 itself was found in a field, PK/339 was recovered high on a steep hillside in the depths of the Kielder Forest.  One piece was found fifty miles from Lockerbie, near Otterburn in Northumberland.  This all fits perfectly with the known distribution of the falling, wind-swept debris, and the effort that would have been required to fake it is mind-boggling.

Was PT/35b, the infamous printed circuit board fragment, actually lodged in the cloth at that time?  It’s impossible to say, but at the moment it has not been proved that it wasn’t.  What has been proved is something altogether different, something entirely unsuspected during the years when the defence teams were poring over the forensic notes and wondering if certain pages might have been added at a later date.

The serious attempt to find out what the fragment was began in earnest after it was finally handed over to the Scottish detectives in January 1990.  Physical and chemical analysis was carried out at the University of Strathclyde.  Policemen patiently telephoned and visited manufacturers of electronic components and suppliers of raw materials.  Nothing earth-shattering transpired.  The raw materials were unremarkable, used in millions of gadgets and gizmos worldwide.  A detailed report dated September 1990 catalogues the effort, and notes one particular feature that seemed anomalous.  Printed circuit boards have a coating on the circuitry, known as ‘tinning’, applied to make the components easier to solder.  In mass manufacturing this coating is almost always a tin/lead alloy, however PT/35b had a coating of pure tin, applied in such a way as to suggest this had been done by a method known as electroless plating, used by amateurs making only a few boards as a hobby.

This didn’t help though, and PT/35b’s origins remained elusive.  Finally, in June 1990, the Scottish police allowed the FBI to become involved.  Success was almost immediate, with no need for further analysis.  With the help of a CIA agent, the fragment was matched visually to a circuit board from an electronic timer known as an MST-13 made by a Swiss firm called MEBO.  Inquiries in Switzerland revealed that only twenty of these timers had been produced, as a special order for the Libyan armed forces.

This was the main breakthrough of the investigation, the cause of the switch in direction from Iran and the PFLP-GC to Gaddafi’s Libya as the prime suspects.  It also provided the perfect answer to a conundrum that had plagued the investigators since early 1989.  How had one of the PFLP-GC’s devices travelled on three flights before blowing up, when the triggers used by that group were altitude-sensitive?  The MEBO devices were count-down timers capable of being set to go off days in advance, irrespective of altitude.

The Lockerbie investigators set off to hunt Libyans, and apparently never looked back.

Belatedly, the forensic scientists at RARDE did what they should have done in 1989, and carried out their own physical and chemical analysis of the fragment.  These tests were overseen by Allen Feraday, and his notes dated 1st August 1991 record the same findings as the tests done in Scotland the previous year.  The coating on the circuitry was pure tin.

There was a complication, though.  The investigators by now had samples of the MEBO-produced boards for comparison, and Mr. Feraday analysed these too.  They were different.  They had the usual alloy coating seen on mass-manufactured products.  His notes reveal some puzzlement.  He recorded some tentative suggestions, but the conundrum was never resolved.  The visual match with the MEBO boards was perfect, right down to an oddity in the tracking caused by the Letraset of the template not having been cut quite flush.  The metallurgy discrepancy was put to one side.

The matching of PT/35b to the unique batch of timers supplied to Libya was central to the prosecution of Megrahi and Fhimah in 2000-01.  With the timer off the table, proof that Lockerbie was a Libyan operation would have been absent, and the prosecution would have been in all sorts of trouble.  So how was the metallurgy discrepancy dealt with in court?

It wasn’t.  Mr. Feraday’s original notes weren’t disclosed to the defence, and the matter was covered by having him read out the relevant section of his fair-copy report written some months later.  In that, there was no mention of any discrepancy.  The report read “... it has been conclusively established that the fragment materials and tracking pattern are similar in all respects to the area around the connection pad for the output relay of the ‘MST-13' timer.”

Similar in all respects?  No, it wasn’t.

None of the independent scientists who had carried out testing on the fragment were called to give evidence.  The matter wasn’t brought up with the production manager from the company which had made the boards for the MST-13 timers.  The fact that the composition of the coating showed that PT/35b had been made by a completely different process from the MEBO instruments was never highlighted.

Further investigation carried out by Megrahi’s defence team in preparation for his second appeal revealed that the company which made the PCBs for the MST-13 timers had never used an electroless plating technique.  All the instruments supplied to Libya by MEBO had the usual lead-alloy coating on the circuitry.

PT/35b did not come from a timer sold to the Libyan armed forces, as claimed by the prosecution.

In that case, what was it?  Nobody knows.  The visual match between the fragment and the boards from the MEBO timers is striking, indicating that they all originated from the same template. (...)

Who made it, and why?  Did it fall out of the sky that December night, or was it somehow added to the rest of the debris recovered from the shirt collar at a later date, its dodgy provenance concealed behind the smokescreen of the disorganised forensics notes?  If we knew any of that, we might be a lot closer to solving the mystery of the Lockerbie bombing, still impenetrable after more than a quarter of a century.

Wednesday 11 November 2015

“It is not difficult to achieve a conviction of the innocent"

[What follows is the text of an article by Steve James that was published on the World Socialist Web Site on this date in 2009:]
Leading British human rights lawyer Gareth Peirce has stated that, in her opinion Abdel Baset Ali al-Megrahi, the only man accused and convicted of the 1988 bombing of PanAm flight 103 over Lockerbie, Scotland, was framed.
Pierce has a long track record of defending those caught in the British legal system’s most notorious miscarriages of justice. Her clients have included the Birmingham Six, the Guildford Four and Judith Ward, all of whom were Irish people accused and wrongly convicted of IRA bomb attacks in the 1970s. More recently Peirce has taken up a number of high profile cases of individuals accused in the so-called “war on terror”, including the Tipton Three and Moazam Begg, held illegally by the US government in Guantánamo Bay. She has represented the family of Jean Charles de Menezes, an innocent man shot dead by British police in Stockwell underground station in 2005.
Writing in the September edition of the London Review of Books, Peirce, of the law firm headed by Benedict Birnberg, summarises some of the most concerning, and well known, aspects of the entire Lockerbie disaster in which 270 people died, and the subsequent investigation.
She points to the advance warnings of an attack on Pan Am flights from London, the role of the FBI and others who flooded the crash site, the lack of security on the site and tampered evidence, including moved bodies. She notes the initial trajectory of the investigation, which pointed to the Popular Front for the Liberation of Palestine-General Command (PFLP-GC) acting on behalf of Iran having used a barometric bomb to bring down the 747. She also notes that a barometric bomb, one triggered by changes in air pressure, would have exploded only after PA 103 reached a certain height—some 38 minutes into the flight from Heathrow—precisely when the plane disintegrated.
She reviews the subsequent change in focus from Syria and Iran to Libya, which was in line with US foreign policy objectives at the time. Firstly, then US President George Bush, senior, instructed then UK Prime Minister Margaret Thatcher to keep the Lockerbie investigation “low key” to assist hostage negotiations underway in Beirut. As a result, rather than a judicial inquiry and prosecution, a Fatal Accident Inquiry (FAI) with no powers of subpoena was held.
Then, following the Iraqi invasion of Kuwait in 1991, Iran and Syria both assisted the US invasion of Iraq. It was at this time that the focus of the Lockerbie investigation was shifted. Vincent Cannistraro, the architect of the Reagan administration’s CIA campaign of destabilisation against the Libyan government of Colonel Muammar Gadhaffi, was brought out of retirement to head the new line of investigation.
Peirce writes, “It is not difficult to achieve a conviction of the innocent. Over many decades several common factors have been identified, and the majority of them are present, centre stage, in this case: achieving the cooperation of witnesses by means of a combination of inducements and fear of the alternative (the tried and tested method of obtaining evidence for the prosecution on which many US cases rely); the provision of factual information by scientists where there is no proper basis for it (a recurrent theme in UK convictions as well as in the US); reliance on ‘identification’ evidence which is no such thing. Add to that the political will to achieve a prosecution, and the rest is easy”.
Abdel Baset Ali al-Megrahi and his co-accused, Llamen Khalifa Fhimah, were handed over by the Libyan government in 1999. The trial opened at a converted US airbase in the Netherlands in 2000. The indictment against Megrahi read that an MST 13 bomb timer was made in Switzerland, by MEBO AG, and sold exclusively to Libya. Identification of the timer rested on the efforts of Thomas Hayes and Alan Feraday of the Royal Armament and Development Establishment (RARDE), along with Thomas Thurman of the Federal Bureau of Investigation (FBI).
In 1997, following an investigation by the US inspector general, Michael Bromwich, Thurman was barred from being called as an expert witness. Bromwich described Thurman as “circumventing procedures and protocols, testifying to areas of expertise that he had no qualifications in...therefore fabricating evidence”.
Thomas Hayes claimed that on May 12, 1989, he found a fragment of circuit board in the collar of a shirt later traced to a Maltese shop. The fragment itself had been found in January 1989 by British police investigating the crash site.
Peirce states, “Even if one knew nothing of the devastating findings of the public inquiry in the early 1990s into the false science that convicted the Maguire Seven or of the succession of thunderous judgments in the Court of Appeal in case after case in which RARDE scientists had provided the basis for wrongful convictions, Hayes’s key evidence in this case on the key fragment should be viewed as disgraceful”.
“Hayes”, Peirce continues, “played his part in the most notorious of all, endorsing the finding of an explosive trace that was never there, and speculating that a piece of chalk mentioned to the police by Vincent Maguire, aged 16, and a candle by Patrick Maguire, aged 13, ‘fitted the description better’ of a stick of gelignite wrapped in white paper”.
Hayes’s information regarding this crucial piece of Lockerbie evidence was also flawed. Despite having carefully documented every other piece of evidence he found, Hayes had made no drawing of this particular item and had not assigned it a reference number on discovery. He had not carried out a test for explosives. Hayes said he had “no idea” when the pagination of his notes recording findings had been altered to include an additional page, and it was an “unfathomable mystery” as to why the alterations should have occurred.
Following an investigation into RARDE by Sir John May, Hayes resigned and is now reported to be working as a chiropodist.
Pierce then turns to the visual identification of Megrahi.
“Even if the science that convicted al-Megrahi had not offended against every minimum standard, then the second pillar of the prosecution case, his identification by Tony Gauci, the Maltese shopkeeper, would remain spectacular in its noncompliance with any safeguard”.
Pierce notes the numerous failings in the evidence provided by Gauci, his initial identification of Abu Talb, of the PFLP-GC, and reiterates the suggestion that Gauci was “handsomely rewarded” for his services.
She describes the verdict delivered in 2001 by three experienced judges, upheld later by five appeal court judges as “profoundly shocking”, and makes the following devastating assessment:
“Al-Megrahi’s trial constituted a unique legal construct, engineered to achieve a political rapprochement, but its content was so manipulated that in reality there was only ever an illusion of a trial”.
Peirce concludes that there is “pressing need to investigate in details how it has come about that there has been a form of death in this case—the death of justice—and who should be found responsible”.
Subsequent to Peirce’s comments, more revelations have emerged about the crucial piece of MST 13 circuit board. Following a Freedom of Information request raised by Scottish Nationalist Member of the Scottish Parliament Christine Grahame, the Scottish Crown Office has confirmed that evidence item PT-35, the piece of circuit board found by Hayes, was taken for examination to both Germany and the US. Graham claimed that this was done with the knowledge of the then chief prosecutor, Lord Fraser of Carmylie, who recently told a Dutch television company that he was unaware of the fragment’s movements.
Megrahi was released by Scottish Justice Secretary Kenny Macaskill in August, allegedly on humanitarian grounds. It occurred at a time when the Libyan government had made clear that, if the terminally ill Megrahi had been allowed to die in Greenock prison, British oil contracts would have been imperilled. In addition, Megrahi had agreed to drop a long delayed appeal against his conviction in order to secure his release.
The release triggered outrage from the US in particular and was attacked by President Barack Obama, US Secretary of State Hilary Clinton, the head of the FBI, and the US Joint Chief of Staff amongst many. Commentary went as far as suggesting that the so-called “special relationship” between British and US imperialism, and Scotland in particular, was imperiled.
All this has been forgotten. On September 21, US State Department spokesman Ian Kelly informed the world that the US had “deep abiding ties with Scotland”. Kelly continued, “We are very close allies, and I don’t think we’re looking to punish anybody per se. There’s no tit for tat here”.
Three weeks later, speaking before a meeting with UK Prime Minister Gordon Brown, Clinton stated, “I have a special relationship with the prime minister. And of course, I think it can’t be said often enough, we have a special relationship between our countries”.
What was said between the two regarding Lockerbie is not clear, but the meeting came immediately prior to the British government’s decision to send an additional 500 troops to Afghanistan. Brown has subsequently ruled out a public inquiry into the bombing, while the Scottish government have denied they had the power to hold an authoritative inquiry in the first place.
Clinton also called in the Libyan government, speaking for 15 minutes en route to Egypt with Libyan Foreign Minister and former intelligence chief Musa Kusa. According to US Assistant Secretary Philip Crowley, the two talked of “Sudan, Darfur, cooperation about terrorism and the possibility of advancing our relationship”.
Crowley claimed that Megrahi was not discussed, lamely stating that “the Libyans understand our concerns about Megrahi very, very well”.

Tuesday 15 September 2015

Key Lockerbie Witness Admits Perjury

[This is the headline over a long article by Dr Ludwig de Braeckeleer that was published on the Global Research website on this date in 2007. The whole article is well worth reading. The following are excerpts from six of its fourteen sections:]

The Lockerbie Affair has taken yet another extraordinary twist. On Friday, August 31st, I received from Edwin Bollier, head of the Zurich-based MeBo AG, a copy of a German original of an Affidavit.
The document is dated July 18th 2007 and signed by Ulrich Lumpert who worked as an electronic engineer at MeBo from 1978 to 1994. I have scrutinized the document carefully and concluded that I have no reason to doubt its authenticity or the truthfulness of its content.
Lumpert was a key witness (no 550) at the Camp Zeist trial, where a three Judges panel convicted a Libyan citizen of murdering 270 persons who died in the bombing of Pan Am 103 over Lockerbie.
In his testimony, Lumpert stated that: “of the 3 pieces of hand-made prototypes MST-13 Timer PC-Boards, the third MST-13 PC-Board was broken and [he] had thrown it away.”
In his affidavit, certified by [notary] Walter Wieland, Lumpert admits having committed perjury.
“I confirm today on July 18th 2007, that I stole the third hand-manufactured MST-13 Timer PC-Board consisting of 8 layers of fibre-glass from MEBO Ltd. and gave it without permission on June 22nd 1989 to a person officially investigating in the Lockerbie case,” Lumpert wrote. (The identity of the official is known.)
“It did not escape me that the MST-13 fragment shown [at the Lockerbie trial] on the police photograph No PT/35(b) came from the non-operational MST-13 prototype PC-board that I had stolen,” Lumpert added.
“I am sorry for the consequences of my silence at that time, for the innocent Libyan Mr. Abdelbaset Al Megrahi sentenced to life imprisonment, and for the country of Libya.”
In just seven paragraphs, the Lumpert affidavit elucidates the longstanding mysteries surrounding the infamous MST-13 timer, which allegedly triggered the bomb that exploded Pan Am 103 over Lockerbie on December 21st 1988.
The discovery of the MST-13 timer fragment
In the months following the bombing of Pan Am 103 over Lockerbie, someone discovered a piece of a grey Slalom-brand shirt in a wooded area located about 25 miles away from the town. According to a forensics expert, the cloth contained a tiny fragment – 4 mm square – of a circuit board. The testimony of three expert witnesses allowed the prosecutors to link this circuit board, described as part of the bomb trigger, to Megrahi.
There have been different accounts concerning the discovery of the timer fragment. A police source close to the investigation reported that it had been discovered by lovers. Some have said that it was picked up by a man walking his dog. Others have claimed that it was found by a policeman “combing the ground on his hands and knees.”
At the trial, the third explanation became official. “On 13 January 1989, DC Gilchrist and DC McColm were engaged together in line searches in an area near Newcastleton. A piece of charred material was found by them which was given the police number PI/995 and which subsequently became label 168.”
The alteration of the label
The officer had initially labelled the bag ‘cloth (charred)’ but had later overwritten the word ‘cloth’ with ‘debris’.
The bag contained pieces of a shirt collar and fragments of materials said to have been extracted from it, including the tiny piece of circuit board identified as coming from an MST-13 timer made by the Swiss firm MeBo.
“The original inscription on the label, which we are satisfied, was written by DC Gilchrist, was “Cloth (charred)”. The word ‘cloth’ has been overwritten by the word ‘debris’. There was no satisfactory explanation as to why this was done.”
The judges said in their judgement that Gilchrist’s evidence had been “at worst evasive and at best confusing”.
Yet the judges went on to admit the evidence. “We are, however, satisfied that this item was indeed found in the area described, and DC McColm who corroborated DC Gilchrist on the finding of the item was not cross-examined about the detail of the finding of this item.” (...)
The new page 51
According to documents obtained by Scotland on Sunday, the entry of the discovery is recorded at widely different times by UK and German investigators. Moreover, a new page 51 has been inserted in the record of evidence.
During the Lockerbie investigation, Dr Thomas Hayes and Allan Feraday were working at the DERA Forensic laboratory at Fort Halstead in Kent.
Dr Hayes was employed at the Royal Armament Research Development Establishment (RARDE). In 1995, RARDE was subsumed into the Defence Evaluation and Research Agency (DERA). In 2001, part of DERA became the Defence Science and Technology Laboratory (DSTL).
Dr Hayes testified that he collected the tiny fragment of the circuit board on May 12th 1989. He testified that the fragment was green. (Keep in mind that the board stolen from Lumpert is brown.) His colleague, Allan Feraday, confirmed his story at the Zeist trial.
The record is inserted on a loose-leaf page with the five subsequent pages re-numbered by hand. Dr Hayes could not provide a reasonable explanation for this rather strange entry, and yet the Judges concluded that: “Pagination was of no materiality, because each item that was examined had the date of examination incorporated into the notes.”
The argument of the Court is illogical as the index number Dr Hayes gave to the piece is higher than some entry he made three months later.
And there is more. In September 1989, Feraday sent a Polaroid photograph of the piece and wrote in the attached memorandum that it was “the best he could do in such short time.” So, are we supposed to believe that it takes forensic experts several months to take a Polaroid picture?
Dr Hayes could not explain this. He merely suggested that the person to ask about it would be the author of the memorandum, Mr Feraday.
This however was not done. At the young age of 43, Hayes resigned just a few months after the discovery of the timer fragment.
Based on the forensic Dr Hayes had supplied, an entire family [The Maguire Seven] was sent to jail in 1976. They were acquitted in appeal in 1992. Sir John May was appointed to review Dr Hayes forensic evidence.
“The whole scientific basis on which the prosecution in [the trial of the alleged IRA Maguire Seven] was founded was in truth so vitiated that on this basis alone, the Court of Appeal should be invited to set aside the conviction,” said Sir John May.
In the Megrahi’s case, Dr Hayes did not even perform the basic test which would have established the presence of explosive residue on the sample. During the trial, he maintained that the fragment was too small while it is factually established that his laboratory has performed such test on smaller samples.
Had he performed such test, no residue would have been found. As noted by Lumpert, the fragment shown at the Zeist trial belongs to a timer that was never connected to a relay. In other words, that timer never triggered a bomb.
Allan Feraday’s reputation is hardly better. In three separated cases,where men were convicted on the basis of his forensic evidence, the initial ruling was overturned in appeal.
After one of these cases in 2005, a Lord of Justice said that Feraday should not be allowed to present himself as an expert in the field of electronics.
According to forensic scientist, Dr Michael Scott, who was interviewed in the documentary The Maltese Double Cross – Lockerbie, Feraday has no formal qualifications as a scientist.
The identification of the MeBo timer
Thomas Thurman worked for the FBI forensics laboratory in the late 80’s and most of the 90’s. Thurman has been publicly credited for identifying the fragment as part of a MST-13 timer produced by the Swiss company Mebo.
“When that identification was made, of the timer, I knew that we had it,” Thurman told ABC in 1991. “Absolute, positively euphoria. I was on cloud nine.”
Again, his record is far from pristine. The US attorney General has accused him of having altered lab reports in a way that rendered subsequent prosecutions all but impossible. He has been transferred out the FBI forensic laboratory.
“He’s very aggressive, but I think he made some mistakes that needed to be brought to the attention of FBI management,” says Frederic Whitehurst, a former FBI chemist who filed the complaints that led to the Inspector General’s report.
“We’re not necessarily going to get the truth out of what we’re doing here,” Whitehurst concluded.
The story shed some light on his formation. The report says “Williams and Thurman merit special censure for their work. It recommends that Thurman, who has a degree in political science, be reassigned outside the lab and that only scientists work in its explosives section.” (...)
The modification of the MST-13 timer fragment
Forensic analysis of the circuit board fragment allowed the investigators to identify its origin. The timer, known as MST-13, is fabricated by a Swiss Company named MeBo, which stands for Meister and Bollier.
The company has indeed sold about 20 MST-13 timers to Libyan military (machine-made 9 ply green boards), as well as a few units (hand-made 8 ply brown boards) to a Research Institute in Bernau, known to act as a front to the Stasi, the former East German secret police.
The two batches are very different but, as early as 1991, Bollier told the Scottish investigators that he could not identify the timer from a photograph alone. Yet, the Libyans were indicted in November 1991, without ever allowing Bollier to see the actual fragment, on the ground that the integrity of the evidence had to be protected.
But in 1998, Bollier obtained a copy of a blown-up photograph that Thurman had shown on ABC in 1991. Bollier could tell from certain characteristics that the fragment was part of a board of the timers made for East Germany, and definitely not one of the timers delivered by him to Libya.
In September 1999, Bollier was finally allowed to see the fragment. Unlike the one shown by Thurman on ABC, this one was machine-made, as the one sold to Libya. But, from the absence of traces of solder, it was obvious that the timer had never been used to trigger a bomb.
“As far as I’m concerned, and I told this to [Scottish Prosecutor Miriam Watson], this is a manufactured fragment,” Bollier says. “A fabricated fragment, never from a complete, functional timer.”
The next day, Bollier was shown the fragment once more. You may have already guessed that it now had the soldering traces. “It was different. I’m not crazy. It was different!” says Bollier.
Finally, at the trial, Bollier was presented a fragment of a circuit board completely burnt down. Thus, it was no longer possible to identify to which country that timer had been delivered. As he requested to explain the significance of the issue, Lord Shuterland told him that his request was denied.
How did the Judges account for all the mysterious changes in the appearance of the fragment? They simply dismissed Bollier as an unreliable witness.
“We have assessed carefully the evidence of these three witnesses about the activities of MEBO, and in particular their evidence relating to the MST-13 timers which the company made. All three, and notably Mr Bollier, were shown to be unreliable witnesses. Earlier statements which they made to the police and judicial authorities were at times in conflict with each other, and with the evidence they gave in court. On some occasions, particularly in the case of Mr Bollier, their evidence was self contradictory.” (para 45)