Showing posts sorted by relevance for query deal desert. Sort by date Show all posts
Showing posts sorted by relevance for query deal desert. Sort by date Show all posts

Wednesday 19 July 2017

Scottish Government would support UK or UN inquiry

What follows is an item originally posted on this blog on this date in 2010.

Salmond: Ask Blair about Megrahi


Alex Salmond told US senators they should direct questions about a prisoner transfer agreement for the man convicted of the Lockerbie bombing at former prime minister Tony Blair.

The First Minister has also accused a Tory MP of calling for Abdelbaset Ali Mohmed al Megrahi to be used as a foreign policy bargaining chip. His comments followed a weekend of renewed questions in the US and London about the decision to return Megrahi to Libya. Salmond said a Senate hearing should call the former prime minister to give evidence about the “deal in the desert” which paved the way for BP to invest £450 million in exploring Libya’s oil reserves.

Almost a year after Megrahi, who is suffering from prostate cancer, was freed on compassionate grounds by Justice Secretary Kenny MacAskill, a group of Democratic senators is demanding an inquiry into claims the oil giant lobbied for his release to smooth a deal. An influential Senate committee is also to examine the case.

A spokesman for Salmond said: “If the US Senate wants to get the truth about the deal in the desert by the UK and Libyan governments in 2007, they should call Tony Blair to give evidence. Blair was its architect – he would be the one who knows about an oil deal.”

Salmond’s spokesman dismissed a call for a UK Government inquiry by Tory MP Daniel Kawczynski, chairman of Westminster’s all-party group on Libya. He has written to David Cameron asking how the Scottish Government can be held to account and asking for more information on UK Government involvement.

Salmond’s spokesman said: “As far as Daniel Kawczynski is concerned, he wrote to the Justice Secretary in August last year saying that al-Megrahi should be used as a foreign policy bargaining chip, which is as extraordinary as it is inappropriate in relation to determining applications for prisoner transfer or compassionate release.”

The issue threatens to overshadow David Cameron’s first visit to Washington as Prime Minister tomorrow.

In a letter to US Secretary of State Hillary Clinton, Foreign Secretary William Hague said: “There is no evidence that corroborates in any way the allegations of BP involvement in the Scottish Executive’s decision to release Megrahi.”

But Hague also said that the release was “a mistake”.

MacAskill said he would “support a wider UK public inquiry or United Nations investigation capable of examining all of the issues related to the Lockerbie atrocity, which go well beyond Scotland’s jurisdiction”.

[From an article in today's edition of The Herald by Political Editor Brian Currie.]

[RB: The article no longer seems to feature on The Herald’s website.]

Thursday 28 January 2010

Straw says Holyrood not gratuitously kept in the dark over Megrahi deal

[This is the headline over a report in today's edition of The Herald. It reads in part:]

Jack Straw said Holyrood was “not gratuitously kept in the dark” about the UK Government’s dealings with Libya over the Prisoner Transfer Agreement in relation to the man convicted of the Lockerbie bombing.

Giving evidence to the Commons Scottish Affairs Committee, the UK Justice Secretary was asked by the SNP’s Pete Wishart if it would not have been helpful for London to have kept Edinburgh informed about the agreement being drawn up with Tripoli.

Mr Straw said: “Where you are involved in complicated negotiations with a country like Libya, they have to be handled with great confidentiality.”

However, he went on: “We had no interest whatever in keeping the Scottish Executive gratuitously in the dark about this.” Mr Straw pointed out that no PTA gave the Libyan government or Abdelbaset Ali Mohmed al Megrahi a right to transfer, only a right to make an application.

“The Libyans absolutely understood that the discretion in respect... of any PTA application rested with the Scottish Executive.”

Ben Wallace, the deputy shadow Scottish Secretary, pressed Mr Straw on why he was “blocking” the release of the note about two phone calls he took from Sir Mark Allen, a BP consultant.

“It’s odd a man from BP rings you up, the position changes, an oil deal is signed and nowhere in the process is the victim included.”

Mr Straw replied that no promise or hint was given to Libya that in return for an bilateral arrangement, Mr Megrahi would be released.

[According to Jack Straw "the Libyans understood that the discretion in respect of any PTA application rested with the Scottish Executive." This is not so. In meetings that I had with Libyan officials at the highest level shortly after the "deal in the desert" it was abundantly clear that the Libyans believed that the UK Government could order the transfer of Mr Megrahi and that they were prepared to do so. When I told them that the relevant powers rested with the Scottish -- not the UK -- Government, they simply did not believe me. When they eventually realised that I had been correct, their anger and disgust with the UK Government was palpable. As I have said elsewhere:

"The memorandum of understanding regarding prisoner transfer that Tony Blair entered into in the course of the "deal in the desert" in May 2007, and which paved the way for the formal prisoner transfer agreement, was intended by both sides to lead to the rapid return of Mr Megrahi to his homeland. This was the clear understanding of Libyan officials involved in the negotiations and to whom I have spoken.

"It was only after the memorandum of understanding was concluded that [it belatedly sunk in] that the decision on repatriation of this particular prisoner was a matter not for Westminster and Whitehall but for the devolved Scottish Government in Edinburgh, and that government had just come into the hands of the Scottish National Party and so could no longer be expected supinely to follow the UK Labour Government's wishes. That was when the understanding between the UK Government and the Libyan Government started to unravel, to the considerable annoyance and distress of the Libyans, who had been led to believe that repatriation under the PTA was only months away."]

Monday 19 July 2010

Salmond: Ask Blair about Megrahi

Alex Salmond told US senators they should direct questions about a prisoner transfer agreement for the man convicted of the Lockerbie bombing at former prime minister Tony Blair.

The First Minister has also accused a Tory MP of calling for Abdelbaset Ali Mohmed al Megrahi to be used as a foreign policy bargaining chip. His comments followed a weekend of renewed questions in the US and London about the decision to return Megrahi to Libya. Salmond said a Senate hearing should call the former prime minister to give evidence about the “deal in the desert” which paved the way for BP to invest £450 million in exploring Libya’s oil reserves.

Almost a year after Megrahi, who is suffering from prostate cancer, was freed on compassionate grounds by Justice Secretary Kenny MacAskill, a group of Democratic senators is demanding an inquiry into claims the oil giant lobbied for his release to smooth a deal. An influential Senate committee is also to examine the case.

A spokesman for Salmond said: “If the US Senate wants to get the truth about the deal in the desert by the UK and Libyan governments in 2007, they should call Tony Blair to give evidence. Blair was its architect – he would be the one who knows about an oil deal.”

Salmond’s spokesman dismissed a call for a UK Government inquiry by Tory MP Daniel Kawczynski, chairman of Westminster’s all-party group on Libya. He has written to David Cameron asking how the Scottish Government can be held to account and asking for more information on UK Government involvement.

Salmond’s spokesman said: “As far as Daniel Kawczynski is concerned, he wrote to the Justice Secretary in August last year saying that al-Megrahi should be used as a foreign policy bargaining chip, which is as extraordinary as it is inappropriate in relation to determining applications for prisoner transfer or compassionate release.”

The issue threatens to overshadow David Cameron’s first visit to Washington as Prime Minister tomorrow.

In a letter to US Secretary of State Hillary Clinton, Foreign Secretary William Hague said: “There is no evidence that corroborates in any way the allegations of BP involvement in the Scottish Executive’s decision to release Megrahi.”

But Hague also said that the release was “a mistake”.

MacAskill said he would “support a wider UK public inquiry or United Nations investigation capable of examining all of the issues related to the Lockerbie atrocity, which go well beyond Scotland’s jurisdiction”.

[From an article in today's edition of The Herald by Political Editor Brian Currie.]

Friday 10 September 2021

Tony Blair, the deal in the desert and terrorism

[What follows is excerpted from an article by Aneela Shahzad headlined Tony Blair’s crimes that appears today on the website of Pakistan's The Express Tribune newspaper:]

Since US Forces started their final evacuation from Afghanistan, Britain’s ex-PM Tony Blair has been more distraught than anyone. Calling the withdrawal “tragic, dangerous, unnecessary” and “in a manner that seems almost designed to parade our humiliation”, Blair reminded a retreating West that “Islamism… is a first-order security threat”, and this time the radical Islamist will be using ‘bio-terrorism’.

Mr Blair is being hailed by some as a possible replacement of Boris Johnson in the next elections, but Blair’s recent statements on Afghan withdrawal are surely more than just an election stunt, as they come from a man who has been instrumental in seeding wars around the Islamic world, like in Afghanistan, Iraq, Syria and Libya. (...)

Going back to 2004, three years after the US invasion of Afghanistan and one year after the invasion of Iraq, Blair connived with Barack Obama to intervene in Libya; and suddenly after decades of suspended diplomacy between the US/UK and Libya, it was decided that Blair would visit Libya to make the infamous ‘deal in the desert’, wherein in exchange for an oil deal with BP and cooperation on the War on Terror, the UK would return Lockerbie bomber Abdelbaset al-Megrahi to Libya and moreover all Libyan dissidents from Europe would be returned to Libya. In making this deal Blair laid the seeds of replanting UK-nurtured LIFG [RB: Libyan Islamic Fighting Group] into Libya, which would eventually become the rebel force that would topple Libyan cities on ground as Nato airpower would pound them from the skies.

This LIFG was composed of al-Qaeda members who had returned from the Afghan front after the end of the Russo-Afghan War, and had been given asylums in the UK. Meaning that Blair was the person responsible for the lodging and funding of these ‘Islamist’ ‘terrorists’ on Britain’s soil and their export into Libya!

Sunday 14 November 2010

Deal that freed bomber

[This is the headline over a report in today's edition of the Scottish Sunday Express. It does not appear on the newspaper's website. The report reads as follows:]

FBI's top Lockerbie agent claims Tony Blair sold Megrahi

The former FBI agent who led the Lockerbie investigation has reignited the debate over the bomber's release by accusing Tony Blair of manufacturing Britain's controversial prisoner transfer agreement with Libya to make it happen.

Richard Marquise poured scorn on the UK government's official stance that the infamous "deal in the desert" with Colonel Muammar Gaddafi in 2007 did not relate solely to Abdelbaset Ali Mohmed al-Megrahi.

And in a rare interview during a visit to New York's Syracuse University which lost 35 students in the 1988 atrocity, he admitted he believed Justice Minister Kenny MacAskill faced a "difficult decision" after Westminster's meddling.

Mr Marquise said: "When he was released it was not a total shock to those of us involved in the investigation because of the deal in the desert between the British government and the Libyan government about the exchange of prisoners.

"We know that the deal when it was signed only related to Megrahi, it didn't relate to any other prisoners. It talked about exchanging prisoners and he was the only one." He also insisted they had got the right man, despite claims on this side of the Atlantic that Megrahi, controversially freed on compassionate grounds, may be innocent.

Lockerbie campaigner Robert Black, Professor Emeritus of Scots Law at the University of Edinburgh, said: "As far as the Libyans were concerned the prisoner transfer agreement was always about Megrahi, there was no one else they were even slightly interested in."

However, he branded Mr Marquise's insistence that Megrahi was guilty, as "absolute and utter balderdash."

[I had much more to say to the reporter about Mr Marquise's views, which the Express, as a family newspaper, wisely did not print.

The Sunday Post has an article (again, not on the newspaper's website) about Karen Torley's support for the Justice for Megrahi petition. For twelve years Karen Torley campaigned for the release of Kenny Richey from death row in Ohio. Coincidentally, Kenny Richey was born in Zeist.]

Saturday 30 August 2014

Megrahi's release and the "deal in the desert"

Five years ago, the media furore over the compassionate release of Abdelbaset Megrahi was showing no sign of dying down. Here are excerpts from an item -- one of several -- published on this blog on 30 August 2009:

Jack Straw, the UK Justice Secretary, has described as "absurd" suggestions that trade deals had anything to do with the release of the man convicted of the Lockerbie bombing. (...)

His comments were made as the father of one of the victims of the bombing of Pan Am 103 said it was time "to stop mulling over the why and wherefore of Megrahi’s release" and Nelson Mandela sent a letter of support to the Scottish Government. (...)

Mr Straw said: "The implication that, somehow or other, we have done some back-door deal in order to release Mr Megrahi is simply nonsense.

"What makes this whole debate absurd now is that Mr Megrahi was not released under the prisoner transfer agreement."

Mr Straw admitted that in return for Libya abandoning its nuclear weapons programme there were moves to "establish wider relations including trade", but added: "the suggestion that at any stage there was some kind of back-door deal done over Mr Megrahi’s transfer because of trade is simply untrue". (...)

[Notes by RB:

1. It is disingenuous in the extreme for Jack Straw to claim that the debate over a deal between the UK and Libyan Governments over Abdelbaset Megrahi is absurd because he was in fact repatriated, not under the prisoner transfer agreement, but through compassionate release.

The memorandum of understanding regarding prisoner transfer that Tony Blair entered into in the course of the "deal in the desert" (and which paved the way for the formal prisoner transfer agreement) was intended by both sides to lead to the rapid return of Mr Megrahi to his homeland. This was the clear understanding of Libyan officials involved in the negotiations and to whom I have spoken.

It was only after the memorandum of understanding was concluded that Downing Street and the Foreign Office belatedly realised that the decision on repatriation of this particular prisoner was a matter not for Westminster and Whitehall but for the devolved Scottish Government in Edinburgh -- and that government had just come into the hands of the Scottish National Party and so could no longer be expected supinely to follow the UK Labour Government's wishes. That was when the understanding between the UK Government and the Libyan Government started to unravel, to the considerable annoyance and distress of the Libyans, who had been led to believe that repatriation under the PTA was only months away.

2. The letter from Dr Swire that is referred to in The Herald's article reads as follows:]

Lockerbie: the truth must be known

Before the Lockerbie trial, brokered by Nelson Mandela, had begun, I believed that it would reveal the guilt of the two Libyans in the murder of my daughter and all those others.

I have always believed that we should look for how something of benefit to the world could be somehow squeezed out of the appalling spectacle of brutal mass murder laid before us on those gentle Scottish hills. From before the Lockerbie trial, whilst still believing in Megrahi's guilt, I hoped even then that commercial links could be rebuilt between Libya and Britain for the benefit of both in the future. That was one of the reasons I went to talk to Gaddafi in 1991. It seemed that Libya's 5 million people with that country's immense oil wealth could mesh well with the many skilled people available among the 5 million population of Scotland.

What I heard at Zeist converted me to believing that the Libyan pair were in fact not involved in the atrocity after all. I remembered Nelson's comment at the time when a trial was agreed "No one country should be complainant, prosecutor and Judge". Yet under Clinton's presidency, the composition of the court had been altered so that Nelson's warning had been ignored. It was President Clinton too who told us all to realise 'its the economy, stupid.' But the UK, in the form of Scottish law, was now to exclude any international element, and the methods used to assemble the evidence revealed that the UK/US collusion was so close that it was safe to consider that alliance as Nelson's 'one country' also.

These matters are political and we have no expertise in that field, which appears distasteful to many. I do feel though that Lord Mandelson's disingenuous comments on the issue of the 'Prisoner Transfer Agreement' should lead him to resign (yet again).

More than 20 years later, we, the relatives, are still denied a full inquiry into the real issues for us - Who was behind the bombing? How was it carried out? Why did the Thatcher government of the day ignore all the warnings they got before Lockerbie? Why did they refuse even to meet us to discuss the setting up of this inquiry? Why was the information about the Heathrow break-in concealed for 12 years so that the trial court did not hear of it till after verdict? Why were we constantly subjected to the ignominy of being denied the truth as to why our families were not protected in what even our crippled FAI (crippled because it too was denied the information about Heathrow) found to have been a preventable disaster?

Let us stop mulling over the why and wherefore of Megrahi's release, I for one am delighted that a man I now consider innocent because of the evidence I was allowed to hear at Zeist is at home with his family at last. Let there be a responsible replacement immediately for the appeal a dying man understandably abandoned to ensure his release. Scotland should now take responsibility for reviewing a verdict which her own SCCRC already distrusts. The public's knowledge of the shifty dealings surrounding the 'Prisoner Transfer Agreement' should help to swell demand for objective assessment of the Megrahi case. Overturning the verdict would open the way for a proper international inquiry into why Lockerbie was allowed to happen, who was really behind it, as well as how the verdict came to be reached.

Let us turn our attention now, please, at last to the question of why we the relatives have been denied our rights to know who really murdered their families, and why those precious lives were not protected.

Sunday 30 August 2009

Straw denies Megrahi release was connected to trade deals

[This is the headline over an article in Monday's edition of The Herald. It reads in part:]

Jack Straw, the UK Justice Secretary, has described as "absurd" suggestions that trade deals had anything to do with the release of the man convicted of the Lockerbie bombing.

Mr Straw was forced into the denial after letters leaked to a Sunday newspaper appeared to show that he had backed away from efforts to stipulate that Abdelbaset Ali Mohmed al Megrahi should be exempt from a prisoner transfer agreement signed with Libya in 2007.

His comments were made as the father of one of the victims of the bombing of Pan Am 103 said it was time "to stop mulling over the why and wherefore of Megrahi’s release" and Nelson Mandela sent a letter of support to the Scottish Government. (...)

Mr Straw said: "The implication that, somehow or other, we have done some back-door deal in order to release Mr Megrahi is simply nonsense.

"What makes this whole debate absurd now is that Mr Megrahi was not released under the prisoner transfer agreement."

Mr Straw admitted that in return for Libya abandoning its nuclear weapons programme there were moves to "establish wider relations including trade", but added: "the suggestion that at any stage there was some kind of back-door deal done over Mr Megrahi’s transfer because of trade is simply untrue". (...)

Nelson Mandela played a central role in facilitating the handover of Megrahi to the United Nations so he could stand trial under Scottish law in the Netherlands, and subsequently visited him in Barlinnie Prison in Glasgow.

His backing emerged in a letter sent by Professor Jake Gerwel, chairperson of the Mandela Foundation.

He said: "Mr Mandela sincerely appreciates the decision to release Mr al Megrahi on compassionate grounds.

"His interest and involvement continued after the trial after visiting Mr al Megrahi in prison.

"The decision to release him now, and allow him to return to Libya, is one which is therefore in line with his wishes."

Dr Jim Swire, whose daughter Flora was killed in the atrocity, called on the authorities in Scotland to "take responsibility" for reviewing Megrahi’s conviction.

In a letter to the media, Dr Swire said he was "delighted" that Megrahi, who has terminal prostate cancer, had been freed.

He said: "Let us stop mulling over the why and wherefore of Megrahi’s release.

"The public’s knowledge of the shifty dealings surrounding the prisoner transfer agreement should help to swell demand for objective assessment of the Megrahi case."

[Notes by RB:

1. It is disingenuous in the extreme for Jack Straw to claim that the debate over a deal between the UK and Libyan Governments over Abdelbaset Megrahi is absurd because he was in fact repatriated, not under the prisoner transfer agreement, but through compassionate release.

The memorandum of understanding regarding prisoner transfer that Tony Blair entered into in the course of the "deal in the desert" (and which paved the way for the formal prisoner transfer agreement) was intended by both sides to lead to the rapid return of Mr Megrahi to his homeland. This was the clear understanding of Libyan officials involved in the negotiations and to whom I have spoken.

It was only after the memorandum of understanding was concluded that Downing Street and the Foreign Office belatedly realised that the decision on repatriation of this particular prisoner was a matter not for Westminster and Whitehall but for the devolved Scottish Government in Edinburgh -- and that government had just come into the hands of the Scottish National Party and so could no longer be expected supinely to follow the UK Labour Government's wishes. That was when the understanding between the UK Government and the Libyan Government started to unravel, to the considerable annoyance and distress of the Libyans, who had been led to believe that repatriation under the PTA was only months away.

2. The letter from Dr Swire that is referred to in The Herald's article reads as follows:]

Lockerbie: the truth must be known

Before the Lockerbie trial, brokered by Nelson Mandela, had begun, I believed that it would reveal the guilt of the two Libyans in the murder of my daughter and all those others.

I have always believed that we should look for how something of benefit to the world could be somehow squeezed out of the appalling spectacle of brutal mass murder laid before us on those gentle Scottish hills. From before the Lockerbie trial, whilst still believing in Megrahi's guilt, I hoped even then that commercial links could be rebuilt between Libya and Britain for the benefit of both in the future. That was one of the reasons I went to talk to Gaddafi in 1991. It seemed that Libya's 5 million people with that country's immense oil wealth could mesh well with the many skilled people available among the 5 million population of Scotland.

What I heard at Zeist converted me to believing that the Libyan pair were in fact not involved in the atrocity after all. I remembered Nelson's comment at the time when a trial was agreed "No one country should be complainant, prosecutor and Judge". Yet under Clinton's presidency, the composition of the court had been altered so that Nelson's warning had been ignored. It was President Clinton too who told us all to realise 'its the economy, stupid.' But the UK, in the form of Scottish law, was now to exclude any international element, and the methods used to assemble the evidence revealed that the UK/US collusion was so close that it was safe to consider that alliance as Nelson's 'one country' also.

These matters are political and we have no expertise in that field, which appears distasteful to many. I do feel though that Lord Mandelson's disingenuous comments on the issue of the 'Prisoner Transfer Agreement' should lead him to resign (yet again).

More than 20 years later, we, the relatives, are still denied a full inquiry into the real issues for us - Who was behind the bombing? How was it carried out? Why did the Thatcher government of the day ignore all the warnings they got before Lockerbie? Why did they refuse even to meet us to discuss the setting up of this inquiry? Why was the information about the Heathrow break-in concealed for 12 years so that the trial court did not hear of it till after verdict? Why were we constantly subjected to the ignominy of being denied the truth as to why our families were not protected in what even our crippled FAI (crippled because it too was denied the information about Heathrow) found to have been a preventable disaster?

Let us stop mulling over the why and wherefore of Megrahi's release, I for one am delighted that a man I now consider innocent because of the evidence I was allowed to hear at Zeist is at home with his family at last. Let there be a responsible replacement immediately for the appeal a dying man understandably abandoned to ensure his release. Scotland should now take responsibility for reviewing a verdict which her own SCCRC already distrusts.The public's knowledge of the shifty dealings surrounding the 'Prisoner Transfer Agreement' should help to swell demand for objective assessment of the Megrahi case. Overturning the verdict would open the way for a proper international inquiry into why Lockerbie was allowed to happen, who was really behind it, as well as how the verdict came to be reached.

Let us turn our attention now, please, at last to the question of why we the relatives have been denied our rights to know who really murdered their families, and why those precious lives were not protected.

Thursday 15 January 2015

Behind the scenes manoeuvring to return Megrahi to Libya

What follows is an item originally posted on this blog on 15 January 2009:

Secret talks on deal to return Megrahi to Libya

[This is the headline over a front-page article by Lucy Adams in today's edition of The Herald. It reads:]

Official talks are being held in secret which could result in the man convicted of the Lockerbie bombing dropping his appeal and being freed from Greenock Prison and sent back to Libya under a diplomatic deal.

The Herald can reveal today that senior civil servants from both the Westminster and Holyrood administrations have met a delegation from Tripoli to discuss how to resolve the impasse over Abdelbaset Ali Mohmed al Megrahi.

It is understood an agreement could be reached within months which would see him serve the remainder of his 27-year sentence with his family in Libya.

Megrahi is suffering from advanced prostate cancer but has been denied bail by judges pending his appeal. The appeal is due to begin on April 27, but could last as long as 12 months because of the complexity of the case and volume of material to be examined.

However, while he wants to clear his name, it is far from certain that he would survive such a long appeal case, and now there is an opportunity for the UK and Libya to settle the matter away from the courts and through diplomatic channels.

According to Libyan officials, senior civil servants at Whitehall have actively "encouraged" them to apply for prisoner transfer for Megrahi - a move likely to be highly unpopular with campaigners and some of the relatives of the victims of the bombing, who want to hear the fresh evidence in open court.

A Libyan source said: "We have been encouraged to apply for the prisoner transfer option once the agreement is ratified, but there are concerns as to whether the UK Government can be trusted."

The Prisoner Transfer Agreement (PTA) was signed off by a delegation from Tripoli and senior UK officials in November and is due to be ratified by the UK and Libyan parliaments in March.

It would take months for an agreement on such a transfer to be reached, partly because Megrahi is serving a life sentence and his case would have to be reviewed by the Scottish Prison Service and the Parole Board.

The final decision will ultimately lie with Kenny MacAskill, the Justice Secretary - a point clarified last year during the very public argument which followed the Scottish Government's discovery that it had not been privy to the details of the Memorandum of Understanding signed between Tony Blair and Colonel Gaddafi in May 2007 as part of the "deal in the desert".

While Whitehall officials denied the deal and subsequent PTA had anything to do with the man convicted of the Lockerbie bombing, the row between the Scottish and UK Governments highlighted the fact that it was about Megrahi.

Professor Robert Black, one of the architects of the original trial at Camp Zeist, said: "If this happens [if he decides he wants to go home and is allowed no other options] it will leave a stain on the Scottish criminal justice system because lots of people now believe there is something wrong with the conviction.

"But is that really the path a civilised legal system should be taking? Compelling him to go down that path would leave serious questions about the criminal justice system unanswered."

Neither the Foreign Office nor the Scottish Government is able to comment publicly on the fact they are encouraging an application for a transfer, such is the sensitivity of the case.

A UK Government spokesman said: "HM Government continues to engage positively with Libya, but it remains the case that any decision relating to an individual prisoner will be for Scottish ministers to take."

A spokesman for the Scottish Government said: "There have been no recent meetings between Scottish Government officials and representatives of the Libyan government. However, if the Libyan officials were to seek further meetings for factual information, we would be happy to provide that.

"The meetings last year were purely to provide factual information. No encouragement or advice was given on any of the procedures open to Mr Megrahi."

[A further article headed "Libyan may not live to see conclusion of appeal: Try to clear name or return home: Megrahi faces decision" appears in the inside pages.

A leader headed "The Megrahi dilemma" ends with the following paragraph:

'Megrahi's return home under the PTA might seem a neat solution but it ignores several factors. Megrahi continues to plead innocence and wants to clear his name (the main witness against him has been largely discredited). Testing all the evidence, including the secret document, in an appeal hearing offers the best hope of establishing the truth about the Lockerbie bombing. The opportunity will be gone if there is no appeal. The prospect of securing any subsequent convictions, should that be a possibility, would be remote as the world has moved on and relations with the countries suspected of involvement, including Libya, Iran and Syria, have changed. If, however, the integrity and independence of the Scottish judicial system is paramount, the appeal process should be allowed to run its course and make a final determination. Justice should be blind, not thwarted by political or diplomatic convenience.'

The issue has also been raised in the Scottish Parliament. The exchange between Annabel Goldie, the leader of the Tory group and First Minister Alex Salmond can be read here.]

Wednesday 13 April 2011

Tony Blair defends Colonel Gaddafi desert meeting

[This is the headline over a report published today on the BBC News website. It reads in part:]

Tony Blair has defended his treatment of Muammar Gaddafi while in office, saying it was "great" the Libyan leader had stopped sponsoring terrorism.

The former PM shook hands with Colonel Gaddafi after talks in Libya in 2004 and re-opened diplomatic links.

On Wednesday a group of countries including the UK, US and France called on the Libyan leader to step down.

Mr Blair said he agreed that change had to be "forced" but added that he had not been "wrong" to restore relations. (...)

In 2004, Mr Blair met Col Gaddafi in the desert near Tripoli for talks following the Libyan leader's renunciation of weapons of mass destruction.

At the same time it was announced that Anglo-Dutch oil firm Shell had signed a deal worth up to £550m for gas exploration rights off the Libyan coast.

But the meeting came after years of strained relations following the 1988 Lockerbie bombing and murder of WPC Yvonne Fletcher outside the Libyan embassy in London in 1984.

[Prime Minister David] Cameron has criticised Mr Blair's government for conducting "dodgy deals in the desert". [RB: It was during a second desert meeting in 2007 that agreement was reached on a UK-Libya prisoner transfer agreement.]

However, Mr Blair told the BBC: "I don't think we were wrong to make changes in our attitude to Libya when they changed their attitude to us.

"So I think the fact they gave up their chemical and nuclear programme, the fact they stopped sponsoring terrorism and cooperate in the fight against it was great."

Mr Blair, who is now Middle East envoy for "the Quartet", made up of the United Nations, the European Union, Russia and the United States, also said: "But what didn't happen - and people hoped it would but it didn't - was that the external changes in Libyan policy were matched by internal changes.

"And now what you've got over these past few weeks has been totally unacceptable and that's why I think there's no option but to take action and force change there."

Friday 28 August 2009

'Lockerbie is history. Now it’s time to talk business'

[Today's edition of The Herald contains an article by Lucy Adams in Tripoli reporting on an interview given to her by Colonel Gaddafi's son, Saif-al-Islam. The following are excerpts.]

Speaking exclusively to The Herald at his home near Tripoli, Saif al Islam al Gaddafi disclosed the original prisoner transfer deal with the UK government was directly linked to talks on trade and oil.

However, he denied this had anything to do with the eventual release of Abdelbaset Ali Mohmed al Megrahi and said the mercy shown by the Scottish Government had transformed the traditional Arabic view of Britain as "crusaders" against Islam.

Mr al Gaddafi praised Kenny MacAskill, the Scottish Justice Secretary, who last week freed Megrahi on compassionate grounds, as "a great man", and said his decision had opened the way for future business.

In his first full interview since the international storm surrounding the release, Mr al Gaddafi apologised for any perception that the Libyan government had not done its best to contain the jubilant scenes that accompanied Megrahi's arrival in Libya, but said they could have been far more extensive and were emphatically not a "hero's welcome".

He also revealed that Megrahi, who was convicted of the murder of 270 people in the bombing of Pan Am flight 103 over Lockerbie, will not be taking part in the 40th anniversary celebrations of Colonel Gaddafi coming to power next week.

In what he said was his most important message, Mr al Gaddafi said: "Lockerbie is history. The next step is fruitful and productive business with Edinburgh and London. Libya is a promising, rich market and so let's talk about the future. There is no reason for people to be angry. Why be so angry? This is an innocent man who is dying." (...)

Mr al Gaddafi said that the infamous "deal in the desert", which saw an agreement signed between Tony Blair and Libya allowing prisoner transfers, specifically targeted Megrahi - although his name was never mentioned.

He said: "For the last seven to eight years we have been trying very hard to transfer Mr Megrahi to Libya to serve his sentence here, and we have tried many times in the past to sign the PTA (prisoner transfer agreement) without mentioning Mr Megrahi, but it was obvious we were targeting Mr Megrahi and the PTA was on the table all the time.

"It was part of the bargaining deal with the UK. When Tony Blair came here we signed the agreement. It is not a secret. But I want to be very clear to your readers that we didn't mention Mr Megrahi. People should not get angry because we were talking about commerce or oil. We signed an oil deal at the same time. The commerce and politics and deals were all with the PTA."

Mr al Gaddafi, who is convinced of Megrahi's innocence, has led the negotiations for the Libyan Government with the UK and Scotland and was waiting to greet Megrahi on the Afriqiyah Airbus at Glasgow airport that flew him home.

On the flight to Tripoli, Mr al Gaddafi spoke briefly on camera and was later criticised for suggesting that, in all commercial contracts for oil and gas with the UK, Megrahi's transfer was on the "negotiating table". However, Mr al Gaddafi told The Herald there had been no quid pro quo and that his comments had been misunderstood partly because people do not understand the difference between the PTA and compassionate release.

"This the PTA was one animal and the other was the compassionate release," he said. "They are two completely different animals. The Scottish authorities rejected the PTA. It did not work at all, therefore it was meaningless. He was released for completely different reasons."

Ultimately, however, he said the work to secure prisoner transfer of Megrahi failed as it was rejected by Mr MacAskill. Instead, the minister chose to release Megrahi from Greenock prison early on compassionate grounds because he is terminally ill and medical reports suggested he had less than three months to live.

Mr al Gaddafi said: "It was a shock and surprise for Libyan society that he was freed on compassionate grounds and it showed the Libyans that the British and Scottish are civilised people because the perception here is that they are crusaders and they hate us and Islam and hate Arabs and they are not tolerant at all of us. But this act has touched the minds of many people and shown that they are merciful and more civilised than people had thought.

"That is why, for the first time in our history, that Libyan citizens have been out in the streets waving a different flag - the Scottish flag. This is a unique event for us. This act changed the minds of many people."

Mr Brown this week spoke of his "revulsion" at what the media described as a "hero's welcome" when Megrahi was met by his family and hundreds of Libyans waving flags, including Saltires. (...)

Mr al Gaddafi said: "There was no official celebration, no guards of honour, no fireworks and no parade. We could have arranged a much better reception.

"The US knew a long time ago that Mr Megrahi would probably be released and asked us to keep the reception low-key. For the last three or four weeks it has become obvious that he might have been released, so it was not a complete surprise for them.

"Most of the families of the victims in Scotland have written to us to say they are pro the decision and more than 20% of the American families say they have no objection. Even some of the families are in favour but different parties - politicians - may be trying to use it to their own advantage."

[The Herald's leader on the subject can be read here.

Tomorrow's edition of The Herald will feature reports by Lucy Adams and Ian Ferguson on a one hour interview with Mr Megrahi.]

Sunday 28 August 2016

‘Lockerbie is history. Now it's time to talk business’

[This is part of the headline over a report published in The Herald on this date in 2009. It reads as follows:]

Speaking exclusively to The Herald at his home near Tripoli, Saif al Islam al Gaddafi disclosed the original prisoner transfer deal with the UK government was directly linked to talks on trade and oil.
However, he denied this had anything to do with the eventual release of Abdelbaset Ali Mohmed al Megrahi and said the mercy shown by the Scottish Government had transformed the traditional Arabic view of Britain as “crusaders” against Islam.
Mr al Gaddafi praised Kenny MacAskill, the Scottish Justice Secretary, who last week freed Megrahi on compassionate grounds, as “a great man”, and said his decision had opened the way for future business.
In his first full interview since the international storm surrounding the release, Mr al Gaddafi apologised for any perception that the Libyan government had not done its best to contain the jubilant scenes that accompanied Megrahi’s arrival in Libya, but said they could have been far more extensive and were emphatically not a “hero’s welcome”.
He also revealed that Megrahi, who was convicted of the murder of 270 people in the bombing of Pan Am flight 103 over Lockerbie, will not be taking part in the 40th anniversary celebrations of Colonel Gaddafi coming to power next week.
In what he said was his most important message, Mr al Gaddafi said: “Lockerbie is history. The next step is fruitful and productive business with Edinburgh and London. Libya is a promising, rich market and so let’s talk about the future. There is no reason for people to be angry. Why be so angry? This is an innocent man who is dying.”
His remarks are likely to increase the pressure on Gordon Brown to explain both the UK Government’s role in the negotiations and his personal views on Megrahi’s release.
Mr al Gaddafi said that the infamous “deal in the desert”, which saw an agreement signed between Tony Blair and Libya allowing prisoner transfers, specifically targeted Megrahi -- although his name was never mentioned.
He said: “For the last seven to eight years we have been trying very hard to transfer Mr Megrahi to Libya to serve his sentence here, and we have tried many times in the past to sign the PTA (prisoner transfer agreement) without mentioning Mr Megrahi, but it was obvious we were targeting Mr Megrahi and the PTA was on the table all the time.
“It was part of the bargaining deal with the UK. When [Tony] Blair came here we signed the agreement. It is not a secret. But I want to be very clear to your readers that we didn’t mention Mr Megrahi. People should not get angry because we were talking about commerce or oil. We signed an oil deal at the same time. The commerce and politics and deals were all with the PTA.”
Mr al Gaddafi, who is convinced of Megrahi’s innocence, has led the negotiations for the Libyan Government with the UK and Scotland and was waiting to greet Megrahi on the Afriqiyah Airbus at Glasgow airport that flew him home.
On the flight to Tripoli, Mr al Gaddafi spoke briefly on camera and was later criticised for suggesting that, in all commercial contracts for oil and gas with the UK, Megrahi’s transfer was on the “negotiating table”. However, Mr al Gaddafi told The Herald there had been no quid pro quo and that his comments had been misunderstood partly because people do not understand the difference between the PTA and compassionate release.
“This [the PTA] was one animal and the other was the compassionate release,” he said. “They are two completely different animals. The Scottish authorities rejected the PTA. It did not work at all, therefore it was meaningless. He was released for completely different reasons.”
Ultimately, however, he said the work to secure prisoner transfer of Megrahi failed as it was rejected by Mr MacAskill. Instead, the minister chose to release Megrahi from Greenock prison early on compassionate grounds because he is terminally ill and medical reports suggested he had less than three months to live.
Megrahi, 57, was serving a 27-year sentence at HMP Greenock for the bombing of Pan Am 103 in December 1988. He has consistently pleaded his innocence and his second appeal began in April, but his diagnosis with terminal prostate cancer meant he was unlikely to live to see its conclusion.
Mr al Gaddafi said: “It was a shock and surprise for Libyan society that he was freed on compassionate grounds and it showed the Libyans that the British and Scottish are civilised people because the perception here is that they are crusaders and they hate us and Islam and hate Arabs and they are not tolerant at all of us. But this act has touched the minds of many people and shown that they are merciful and more civilised than people had thought.
“That is why, for the first time in our history, that Libyan citizens have been out in the streets waving a different flag -- the Scottish flag. This is a unique event for us. This act changed the minds of many people.”
Mr Brown this week spoke of his “revulsion” at what the media described as a “hero’s welcome” when Megrahi was met by his family and hundreds of Libyans waving flags, including Saltires.
Local news reports said there were thousands of people present but Mr al Gaddafi said the Libyans had not organised an official welcome party for Megrahi and that there were only a couple of hundred of his friends and family. He also expressed regret at the response from the US and UK to Megrahi’s release and how he was met when he arrived in Tripoli.
Mr al Gaddafi said: “There was no official celebration, no guards of honour, no fireworks and no parade. We could have arranged a much better reception.
“The US knew a long time ago that Mr Megrahi would probably be released and asked us to keep the reception low-key. For the last three or four weeks it has become obvious that he might have been released, so it was not a complete surprise for them.
“Most of the families of the victims in Scotland have written to us to say they are pro the decision and more than 20% of the American families say they have no objection. Even some of the families are in favour but different parties -- politicians -- may be trying to use it to their own advantage.”

Tuesday 13 December 2011

Who Knows About This? Western Policy Towards Iran: The Lockerbie Case

[This is the title of an important article by Dr Davina Miller published earlier this month in the journal Defence & Security Analysis. The following are excerpts.  I sought permission from the copyright holders, the publishers Taylor & Francis, to quote from the article but was told that it would take ten weeks for them to consider the matter.  In the circumstances I have decided to proceed without formal clearance, relying on the fair use and educational use provisions of copyright law.]

Pan Am Flight 103 was destroyed by an improvised explosive device (IED) at 19.03 whilst over the Dumfries and Galloway region of Scotland, 38 minutes after leaving Heathrow, on 21 December 1988. The IED, installed in a Toshiba Bombeat RT-SF16 stereo cassette/radio player, was hidden in a brown hard-shell Samsonite suitcase. All 259 passengers and crew were killed together with eleven people in Lockerbie. More than anything, the issue of responsibility matters to the families of those who died, and the official narrative remains problematic for many.

A number of conspiracy theories surround this awful event. This article puts aside all allegations and speculation and relies only upon legal and governmental papers to examine the evidence. It is in three parts: first, it examines the official narrative that emerged in the course of the prosecution and conviction of  Libyan intelligence officer, Abd-al-Basit al-al-Miqrahi (al-Megrahi) for the Lockerbie bombing; second, it assesses the available evidence that the governments of the US and Britain knew that Iran via the Popular Front for the Liberation of Palestine-General Command (PFLP-GC) bore responsibility for the outrage; and third, it investigates the plausibility of a deal between the US and Iran over Pan Am 103. To reiterate, this article is not definitive, but exploratory.

PAN AM FLIGHT 103: THE OFFICIAL NARRATIVE AND ITS PROBLEMS
According to the Trial Court, the circumstantial case against al-Megrahi rested upon four interlocking planks: the presence of an unaccompanied bag from Malta to London; the identification of al-Megrahi as the buyer of the Maltese clothing found in the brown Samsonite suitcase containing the bomb; his presence in Malta under a false name at the time the bomb was placed on a plane; and his association with both Edmond Bollier, the manufacturer of the MST-13 timer, said to have been used in the IED, and members of Libyan Intelligence who purchased such timers.[iv][4]

The case against al-Megrahi depended upon the bomb having originated in Malta (on Flight KM180) since that was where he was on 21 December 1988. In contrast to the theory of the crime presented to the Trial Court, the President’s Commission on Aviation Security and Terrorism, published in May 1990, eighteen months into the investigation, determined that the bomb “probably was placed aboard at Frankfurt”.[v][5] The Trial Court, however, relied upon a Frankfurt airport dispatch record, which could have shown the presence of an unaccompanied bag from Malta. Nonetheless, it noted that, “the method by which the primary suitcase might have been placed on board KM180 is a major difficulty for the Crown”, given the “relatively elaborate security system at Luqa airport” and that KM180’s baggage records show “no discrepancy”.[vi][6]

The US Defence Intelligence Agency noted on 30 December 1991 that, “Malta’s position on the Pan Am crisis supports Libya (i.e. Malta stated that it can prove that all the luggage on Pan Am 103 belonged to passengers on the flight)” (emphasis as in the original).[vii][7] Air Malta reached an out-of-court settlement with Granada Television in 1993 for its claim in a television documentary that the bomb had been loaded in an unaccompanied bag at Malta.

Another problem with the theory that the bomb began its journey in Malta concerns a CIA document. On 30 August 1989, the station in Malta noted intelligence from their Libyan agent, ‘Abd al-Majid Gaika, that there had been an External Security Organisation (ESO) survey of Luqa International Airport in 1986, which had found that controls there “ruled out insertion of unaccompanied baggage containing explosives on to onward flights”.[viii][8] In short, and in spite of Libya’s close connections to Malta, Libyan security had ruled out the very act of which it would be accused of having committed just two years later.

[The next section of the article deals with the well-known problems surrounding the “identification” of Megrahi by Tony Gauci.]

The third circumstantial plank of the case against al-Megrahi was his presence in Malta on a false passport at the appropriate time for placing the bomb on board a Maltese flight. Much was made of his use of a passport in a different name. However, as the CIA noted in a contact report on 21 January 1989, it was “common practice among ranking officers wishing to conceal their movements through the use of passports (ppts) bearing variations on their true names”.[xii][12] On 22 December 1988, the CIA reported that al-Megrahi had travelled through Malta earlier, on 7 December. The fact that he was then also travelling on a passport in an assumed name was reported without comment. The CIA also identified al-Megrahi as a “technical communications expert”. Further, its report went on to say that, “it is likely that el-Megrahi (sic) was carrying technical intelligence-gathering equipment with him” and was “involved in some type of technical intelligence operation”.[xiii][13]

[The next section of the article deals with the well known problems regarding the Mebo MST-13 timer fragment and the evidence of Hayes and Feraday.]

AN ALTERNATIVE NARRATIVE: THE PFLP-GC AND IRAN
Al-Megrahi’s defence team presented evidence about the Popular Front for the Liberation of Palestine – General Command (PFLP-GC) and the Palestinian Popular Struggle Front (PPSF). In its judgment, the Trial Court argued that, while these organisations were engaged in terrorist activities during the same period, there was not any reasonable doubt - in spite of the Trial Court’s admission - that, “we cannot say that it is impossible that the clothing might have been taken from Malta, united somewhere with a timer from some source other than Libya, and introduced into the airline baggage system at Frankfurt or Heathrow”.[xx][20]

On 26 October 1988, the Federal Criminal Police Office, or Bundeskriminalamt (BKA), arrested members of a PFLP-GC cell in an operation centred on Frankfurt and Neuss and known as ‘Autumn Leaves’. Inter alia, the BKA found explosives, timers, barometric pressure devices, radio cassette players, Lufthansa luggage tags and airline timetables, including Pan Am’s. Most members of the cell, bar Haj Hafez Kassem Dalkamoni, the right hand man of Ahmed Jabril, leader of the PFLP-GC and Abdel Fatah Ghadanfar, a Palestinian associate, were released shortly thereafter.[xxi][21] Improvised explosive devices (IEDs) found later had pressure switches that would trigger about seven minutes after takeoff and timing devices with time elapsed between 35 and 45 minutes.[xxii][22]

Marwan Khreesat, the PFLP-GC Frankfurt cell bomb-maker - and a Jordanian agent - was interviewed on 12 and 13 November 1989 at the Headquarters of the Jordanian Intelligence Service. Khreesat “does not think he built the device responsible for Pan Am 103, as he only built the four devices in Germany” and did not use models with two speakers.[xxiii][23] Only three devices were recovered by the BKA. Khreesat had, however, seen “a not very good” device (the alterations to the radio cassette player could easily be discovered) that he believed Dalkamoni had taken to Frankfurt and handed over to Abu Elias, the PFLP-GC’s security expert. This he identified as being similar to a Toshiba RT-F423.[xxiv][24]

From 19-26 October 1988, Abu Talb, a member of the Palestine Popular Struggle Front (PPSF) in Sweden, who had ties to the PFLP-GC cell in Frankfurt, was in Malta as a guest of Abd El Salam (aka Abu Nada), a Director of the Miska Bakery. Talb took home clothing from Hashem Salem, Salam’s brother. He flew to Sweden on an open return ticket, but had no intention, he told the Court, of returning; it was simply a cheaper ticket than a single. He remained in contact with Abd El Salam.[xxv][25]

In summary, from the evidence presented at the trial, at the time of the bombing of Pan Am 103, there were two groups actively planning to attack Western aircraft and with the capabilities to do so. In addition, both these groups had links to Malta. (...)

Even after the indictments of Libyan co-defendants Lamen Khalifa Fhimah and al-Megrahi, intelligence documents continued to assert the involvement of the PFLP-GC, though it was now linked to Libya, rather than Iran. An information report dated 26 November 1991 assigned blame to Ahmed Jabril “in training the perpetrators and in designing the bomb”. The report goes on to assert that, “the luggage containing the bomb was purportedly intercepted in London by al-Megrahi, who probably claimed the bag, set the timer, then switched luggage tags to route it on to Pan Am flight 103”.[xxix][29] A Defence Intelligence Terrorism Summary on 13 December 1991 also linked Jabril with training the accused and in designing the bomb.[xxx][30]

It is not clear exactly when or why the PFLP-GC and PPSF were dropped as suspects post-1991 to leave a single focus upon Libya as the perpetrator of the Pan Am 103 bombing. (...)

On 24 September 1989, the US Defence Intelligence Agency (DIA), in a secret information report not releasable to foreign nationals and relying on information acquired through the National Security Agency (NSA) at Fort Meade’ (i.e. through Foreign Signals Intelligence), asserted that the attack on Pan Am Flight 103, “was conceived, authorised and financed by Ali-Akbar (Mohtashemi-Pur)”, the former Iranian Minister of the Interior. The execution of the operation was contracted to Ahmad (Jabri’il), the PFLP-GC leader, for the sum of $1,000,000. The report was highly detailed in describing the organisation of the bombing and claimed that, “the flight was supposed to be a direct flight from Frankfurt to New York, not Pan Am Flight 103”.[xxxii][32]

In October 1989, a further DIA report noted that Iranian “radicals want to be able to retaliate in less time than it took them to carry out the Pan Am 103 bombing”.[xxxiii][33] The CIA’s ‘Terrorism Review’ for 14 December 1989 also noted that liaison between Iran and radical Palestinian groups “was most likely responsible for the bombing of Pan Am 103”.[xxxiv][34] The Defence Intelligence Agency in a brief in December 1989, titled “Pan Am 103: Deadly Co-operation” argued that, “Iran probably was the state sponsor for the PFLP-GC attack on Pan Am 103”. The same report noted:  that the bomb was “a sophisticated, barometrically triggered explosive device probably fabricated by the PFLP-GC”; that “DIA believes the device was placed aboard...in Frankfurt”; and that, “analysis of material confiscated from this PFLP-GC cell has provided strong circumstantial evidence linking the cell to the bombing”. The report further detailed the relationship between Iran and the PFLP-GC, including the initial overtures, payment for Pan Am 103, and the latter’s exploitation of Iran’s “established terror network in Europe”.[xxxv][35]

A Combined Message from the DIA on 22 December 1989 asserted that, “a compelling body of evidence indicates the PFLP-GC placed a sophisticated, altimeter-fused, radio-encased bomb aboard Pan Am flight 103”. The missing improvised explosive device (IED) from the Autumn Leaves Operation was noted: “the fourth device was believed to be a Toshiba radio/cassette player larger than the Bombeat 453” and “may prove to be the bomb that destroyed Pan Am 103”. [xxxvi][36] In January 1990, the DIA then argued that, “Iran probably was the state sponsor for the PFLP-GC attack on Pan Am 103”.[xxxvii][37] (...)

A Defence Intelligence ‘Terrorism Summary’, dated 15 September 1990, summarised a discussion about Pan Am 103 and the PFLP-GC during a meeting between the US Secretary of State, James Baker, and the Syrian Foreign Minister. The Summary notes that, “although the US has provided evidence of PFLP-GC complicity, the Syrian government has dismissed it as insufficient”.[xl][40] A Defence Intelligence Terrorism Summary on 16 November 1990 asserted that, “The US has long sought Jibril’s expulsion for his role in the bombing of Pan Am 103”.[xli][41]

(...) in February 1991, eight months after the FBI had supposedly identified the timer which led away from the PFLP-GC and Iran, in an Intelligence Report for Multinational Forces, Desert Storm, the DIA noted Iran’s Interior Minister, Ali Akbar Mohtashemi’s payment of $10 million for “terrorist activities” and that he “was the one who paid the same amount to bomb Pan Am Flight 103”.[xlii][42]

This Report was published in the UK media on 24 January 1995. UK and US officials insisted, however, that there was, “no credible evidence” linking Iran to the bombing and denied the claims made. Libya saw the report as, “exonerating” it of any involvement.[xliii][43] More tellingly, in November 1991, DIA officials commented upon an earlier report on Syria: “We found the article helpful. However ... the statement that the PFLP-GC is accused of bombing Pan Am 103 directly contradicts the recent announcement that Libya was behind the act”.[xliv][44] The anonymous officials did not question the veracity of the assertion; their main concern was about its being leaked.

While US intelligence services were asserting Iranian complicity, they ruled out Libyan and Syrian involvement. As the December 1989, “Pan Am 103: Deadly Co-operation” Defense Intelligence brief noted, the “DIA continues to discount Libyan or Syrian involvement in the bombing of Pan Am 103 because there is no current credible intelligence implicating either”.[xlv][45] This was consistent with the conclusions contained in other DIA and CIA reports throughout 1989. (...) Both before and after the indictments, there was no discussion in US intelligence records of how to prevent similar future acts of Libyan terrorism.

CHOOSING ONE’S ENEMIES
The United States’ Potential Motives
Given the concerns around the safety of al-Megrahi’s conviction, the evidence pointing to the PFLP-GC and PPSF, as well as the US intelligence community’s apparent conclusion that Iran orchestrated the bombing of Pan Am 103, it is worth examining the circumstantial evidence as to the possibility of a decision, or a deal, to overlook Iranian potential guilt.

The most popular conspiracy theories attribute such a decision to the exigencies of Middle Eastern politics around the period of the first Gulf War of 1990-1. The investigation began to focus on Libya, however, at a much earlier time in September 1989, a year before Iraq’s invasion of Kuwait. While investigators sought to link Libya to the PFLP-GC, US government agencies retained and adhered to the original theory of the crime. For example, at least until late 1990, the State Department pressed Syria for Jibril’s expulsion, because of his alleged involvement in the bombing of Pan Am 103. Moreover, US intelligence documents continued to speak of PFLP-GC and Iranian involvement long after the public focus upon Libya. (...)

A deal between the US and Iran that involved the issue of Pan Am 103 is not an unreasonable hypothesis, given previous US behaviour and British and French ‘deals’ with Iran for the release of hostages. For example, on 21 March 1991, the CIA criticized Britain for having deported Mehradad Kokabi, an Iranian charged in connection with a bomb attack. While this would, “help Rafsanjani by using an issue used by hardliners to argue against the release of hostages”, it would also reinforce the view in Tehran that, “Washington, like London, will strike a deal favourable to Iran”. Equally, the CIA complained that the French government had earlier done a deal with Iran for the release of nine hostages between 1986 and 1988.[li][51]

Even as the US was contemplating in early 1989 that Iran had a hand in the bombing of Pan Am 103, it was still signalling the hope for a deal with Iran on the hostage issue as expressed in President Bush’s inaugural address. As he said, “There are today Americans who are held against their will in foreign lands and Americans who are unaccounted for. Assistance can be shown here and will be long remembered”.[lii][52] (...)

US/UK indictments of the two Libyan suspects were announced on 13 November 1991. On 16 November 1991, Iranian radio declared that the indictments of Fhima and al-Megrahi represented, “the start of a new psychological and propaganda war by Washington against Libya”.[lviii][58] A DIA report on 23 November, from intelligence acquired from Fort Meade, (that is, from Foreign Signals Intelligence) noted, however, that the “Iranian President voiced his pleasure in seeing the recent press attribute the blame to Libya for the 1988 Pan Am flight 103 bombing”.[lix][59]

On 18 November 1991, the American, Thomas Sutherland, and the Briton, Terry Waite, were freed by Islamic Jihad in Beirut.[lx][60] Later that month, there was a comprehensive exchange of hostages and human remains on one side and, on the other, prisoners in Israeli jails. On 2 December, the US also paid compensation to Iran some $278,000,000 for weapons confiscated in 1979.[lxi][61] On 10 December, a UN report found that Iraq’s invasion of Iran on 22 September 1980, and the occupation of Iranian land that followed, were unjustified and illegal.[lxii][62]

While many elements comprised the hostages deal, it could be argued that Pan Am 103 was necessarily part of the comprehensive settlement that involved, inter alia, money, prisoners, and international judgments about the Iran-Iraq War. It was necessary because, as the CIA commented on 1 June 1989, the Iranians “believe that the presence of Western hostages in Lebanon will help deter retaliation” for the bombing of Flight 103.[lxiii][63] It follows that Iran could not feel safe from US retaliation for Pan Am 103 (whether the retaliation was justified or not) if the hostages were freed without some guarantee. Thus, the eventual indictment of a rival state, it could be argued, provided that guarantee and was thus the necessary condition for the deal that followed.

Even before the final settlement, it is possible to argue that the US and Iran reached a tentative agreement about Pan Am 103. If Mohtashemi were the architect, as US intelligence seemed firmly to believe, using the back channels already established through ‘Irangate’, and relying on the policy of searching for moderates with whom to do business, it is possible that the US sought the isolation of Mohtashemi in exchange for a policy of non-retaliation. (...)

CONCLUSION
This article is not definitive. Rather, given the persistence of counter-narratives, it seeks to explore the available reliable evidence. That there remain some problematic issues around the conviction of al-Megrahi is evidenced in the referral of his case to a further appeal by the Scottish Criminal Cases Review Commission in 2007. That appeal was never heard because of al-Megrahi’s release on compassionate grounds in 2009. The Crown’s case rested upon four inter-locking circumstances, each and all of them problematic. Security at Luqa was ‘a major difficulty’ for the Crown’s case that the bomb originated in Malta. Moreover, Libyan intelligence, according to CIA reports, seemed to have ruled Luqa out as an airport for the insertion of IEDs because of said security.

The identification of al-Megrahi as the purchaser of the clothes found in the bomb case was, as the Trial Court acknowledged, ‘not absolute’. Subsequently it has been revealed that Gauci was paid for his evidence. Al-Megrahi’s presence in Malta on a false passport does not seem to have caused the CIA concerns in the late 1980s. A false passport was common among Libyan security personnel and the CIA had defined al-Megrahi as a ‘technical communications expert’. Finally, in terms of the bomb and its timer, the Trial Court noted problems in the evidence chain and subsequently the central US and British forensics staff involved have been discredited.

Turning to the defence’s theory of the crime, it is known that the PFLP-GC and PPSF had both the intention and capability for an attack on an airliner. In addition, they can be connected to Malta. Looking at the investigation, the PFLP-GC continued to be suspects, but with attempts from 1989 to link them to Libya. US intelligence spoke of “a compelling body of evidence” that “the PFLP-GC placed a sophisticated, altimeter-fused, radio-encased bomb aboard Pan Am flight 103” in December 1989 and the US was lobbying Syria, at Secretary of State level, for Jabril’s expulsion for Pan Am 103 in late 1990. The conviction that the PFLP-GC committed the bombing seems to have been widely held and long-lasting within the US government. Why there was an attempt first to link the PFLP-GC to Libya and then to abandon the “compelling evidence” against this group are interesting questions.

Given the attack on [sic; presumably "by" is meant] the USS Vincennes, less than six months before the bombing of Pan Am 103, Iran had, on the one hand, an obvious motive for retaliation against the US – and, indeed, US intelligence anticipated such action. On the other hand, Libyan motives were unclear, given that the anticipated date for an attack against the US was April (the anniversary of the Tripoli bombing in 1986). It is well known that the West had both a history of, and reasons for, backchannel deal-making with Iran, chief among those reasons the hostages held in Lebanon by pro-Iran groups. Given the belief by some factions that the hostages were deterring US retaliation for Pan Am 103, it would be necessary for any hostage deal to entail a guarantee on said retaliation. It is possibly telling both that Rafsanjani took private pleasure at the Libyan indictments and that US intelligence reported it. (...)

Given the current mix of circumstances in the Middle East and South Asia, it has never been more important that the West gets its policy towards Iran right. It is equally important for democratic politics and the human rights of those who must live under such regimes that there is honesty about the foreign policy choices that the West is making.
This article and its references are the copyright of  Taylor and Francis, which must be acknowledged   ©Taylor and Francis 2011.

NOTES
[iv][4]  In the High Court of the Justiciary at Camp Zeist, Case No. 1475/99, Opinion of the Court, delivered by Lord Sutherland in causa Her Majesty’s Advocate v Abdelbaset Ali Mohmed al Megrahi and Al Amin Khalifa Fhimah, paras.87-89, http://www.scotcourts.gov.uk/library/Lockerbie/docs/lockerbiejudgement.pdf, 18 July 2010.
[v][5]  Report to the President by the President’s Commission on Aviation Security and Terrorism, GPO, Washington DC, May 1990, p. ii.
[vi][6] I n the High Court of the Justiciary at Camp Zeist, Case No. 1475/99, Opinion of the Court, delivered by Lord Sutherland in causa Her Majesty’s Advocate v Abdelbaset Ali Mohmed al Megrahi and Al Amin Khalifa Fhimah, paras.38-39, http://www.scotcourts.gov.uk/library/Lockerbie/docs/lockerbiejudgement.pdf, 18 July 2010.
[vii][7]  Defence Intelligence Agency, Combined Message, 30 December 1991, http://www.dia.mil/foia/panam103.pdf, 18 March 2010.
[viii][8]  Central Intelligence Agency, Contact Report, 30 August 1989, http://www.foia.cia.gov/browse_docs_full.asp, 9 July 2010.
[xii][12]  Central Intelligence Agency, 20 January 1989, http://www.foia.cia.gov/browse_docs_full.asp , 13 July 2010.
[xiii][13]  Central Intelligence Agency, ’Travel of Libyan External Security Organisation Officers through Malta in December 1988’, 22 December 1988, http://www.foia.cia.gov/browse_docs_full.asp, 9 July 2010.
[xx][20]  In the High Court of the Justiciary at Camp Zeist, Case No. 1475/99, Opinion of the Court, delivered by Lord Sutherland in causa Her Majesty’s Advocate v Abdelbaset Ali Mohmed al Megrahi and Al Amin Khalifa Fhimah, para.82, http:/www.scotcourts.gov.uk/library/Lockerbie/docs/lockerbiejudgement.pdf, 18 July 2010.
[xxi][21]  In the High Court of the Justiciary at Camp Zeist, Case No. 1475/99, Opinion of the Court, delivered by Lord Sutherland in causa Her Majesty’s Advocate v Abdelbaset Ali Mohmed al Megrahi and Al Amin Khalifa Fhimah, paras.73-4,  http:/www.scotcourts.gov.uk/library/Lockerbie/docs/lockerbiejudgement.pdf, 18 July 2010.
[xxii][22]  In the High Court of the Justiciary at Camp Zeist, Case No. 1475/99, Her Majesty’s Advocate v Abdelbaset Ali Mohmed al Megrahi and Al Amin Khalifa Fhimah, Evidence, Rainer Gobel, physicist, BKA, pp. 8793-8796.
[xxiii][23]  In the High Court of the Justiciary at Camp Zeist, Case No. 1475/99, Her Majesty’s Advocate v Abdelbaset Ali Mohmed al Megrahi and Al Amin Khalifa Fhimah, Evidence, Edward Marshman, FBI Special Agent, p. 9268 and p. 9298.
[xxiv][24]  In the High Court of the Justiciary at Camp Zeist, Case No. 1475/99, Her Majesty’s Advocate v Abdelbaset Ali Mohmed al Megrahi and Al Amin Khalifa Fhimah, Evidence, Edward Marshman, FBI Special Agent, p. 9300.
[xxv][25]  In the High Court of the Justiciary at Camp Zeist, Case No. 1475/99, Opinion of the Court, delivered by Lord Sutherland in causa Her Majesty’s Advocate v Abdelbaset Ali Mohmed al Megrahi and Al Amin Khalifa Fhimah, paras.78-9, http://www.scotcourts.gov.uk/library/Lockerbie/docs/lockerbiejudgement.pdf, 18 July 2010.
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[xxx][30]  Defence Intelligence Agency, Terrorism Summary, 13 December 1991, http://www.dia.mil/foia/panam103.pdf, 18 March 2010.
[xxxii][32]  Defence Intelligence Agency, Information Report, 24 September 1989, http://www.dia.mil/foia/panam103.pdf, 18 March 2010
[xxxiii][33]  Defence Intelligence Agency, Information Report, 7 October 1989, http://www.dia.mil/foia/panam103.pdf, 18 March 2010.
[xxxiv][34]  Central Intelligence Agency, Directorate of Intelligence, Terrorism Review, 14 December 1989, http://www.foia.cia.gov/browse_docs_full.asp, 19 March 2010.
[xxxv][35]  Defence Intelligence Agency, Defence Intelligence Brief, ‘Pan Am 103: Deadly Co-operation’, December 1989, http:/www.dia.mil/foia/panam103.pdf, 18 March 2010.
[xxxvi][36]  Defence Intelligence Agency, Combined Message, 22 December 1989, http:/www.dia.mil/foia/panam103.pdf, 18 March 2010.
[xxxvii][37]  Defence Intelligence Agency, January 1990, http:/www.dia.mil/foia/panam103.pdf, 18 March 2010.
[xl][40]  Defence Intelligence Agency, Terrorism Summary, 15 September 1990, http://www.dia.mil/foia/panam103.pdf, 18 March 2010.
[xli][41]  Defence Intelligence Agency, Terrorism Summary, 16 November 1990, http://www.dia.mil/foia/panam103.pdf, 18 March 2010.
[xlii][42]  Defence Intelligence Agency, Intelligence Report, February 1991, http://www.dia.mil/foia/panam103.pdf, 18 March 2010.
[xliii][43]  Keesing’s Record of World Events, Vol. 41, January 1995, Libya, p. 40380.
[xliv][44]  Defence Intelligence Agency, Memorandum, November 1991, http://www.dia.mil/foia/panam103.pdf, 18 March 2010.
[xlv][45]  Defence Intelligence Agency, Defence Intelligence Brief, ‘Pan Am 103: Deadly Co-operation’, December 1989, http://www.dia.mil/foia/panam103.pdf, 18 March 2010.
[li][51]  Central Intelligence Agency, Directorate of Intelligence, Terrorism Review, 21 March 1991, http://www.foia.cia.gov/browse_docs_full.asp, 19 March 2010.
[lii][52]  President George bush, Inaugural Address, 20 January 1989, http://bushlibrary.tamu.edu/research/, 20 March 2011.
[lviii][58]  Keesing’s Record of World Events, Vol. 37, November 1991, Libya, p.38599
[lix][59]  Defence Intelligence Agency, Information Report, 23 November 1991, http://www.dia.mil/foia/panam103.pdf, 18 March 2010.
[lx][60]  Defence Intelligence Agency, Information Report, 19 November 1991, http:/www.dia.mil/foia/panam103.pdf, 18 March 2010.
[lxi][61]  Keesing’s Record of World Events, Vol. 37, December 1991, Lebanon, p.38694.
[lxii][62]  Keesing’s Record of World Events, Vol. 37, December 1991, Iran, p. 38697.
[lxiii][63]  Central Intelligence Agency, Directorate of Intelligence, Terrorism Review, 1 June 1989