Forensic scientific dogmatism

[Seventeen years ago, the Crown’s principal forensic scientific witness, Allen Feraday, had just completed his evidence in the Lockerbie trial at Camp Zeist.  Here is a contemporaneous commentary from the website The Lockerbie Trial which was edited by Ian Ferguson and me:]

As one of the Crown's key witnesses gave his testimony this week in Camp Zeist at the trial of the two Libyans accused of the bombing of Pan Am 103, one man, Hassan Assali watched news reports with interest as Allen Feraday took the witness stand.

Assali, 48, born in Libya but who has lived in the United Kingdom since 1965, was convicted in 1985 and sentenced to nine years. He was charged under the 1883 Explosives Substances Act, namely making electronic timers.

The Crown's case against Assali depended largely on the evidence of one man, Allen Feraday. Feraday concluded that the timers in question had only one purpose, to trigger bombs.

While in Prison Assali, met John Berry, who had also been convicted of selling timers and the man responsible for leading the Crown evidence against Berry was once again, Feraday. Again Feraday contended that the timers sold by Berry could have only one use, terrorist bombs.

With Assali's help Berry successfully appealed his conviction, using the services of a leading forensic expert and former British Army electronic warfare officer, Owen Lewis.

Assali's case is currently before the [English] Criminal Cases Review Commission, the CCRC. It has been there since 1997. Assali believes that his case might be delayed deliberately, as he stated to the Home Secretary, Jack Straw in a fax in February 1999: "I feel that my case is being neglected or put on the back burner for political reasons."

Assali believes that if his case is overturned on appeal during the Lockerbie trial it will be a further huge blow to Feraday's credibility and ultimately the Crown's case against the Libyans.

There is no doubt that a number of highly qualified forensic scientists do not care for the highly "opinionated" type of testimony, which is a hall mark of many of Feraday's cases.

He has been known, especially in cases involving timers to state in one case that the absence of a safety device makes it suitable for terrorists and then in another claim that the presence of a safety device proves the same, granted that the devices were different, but it is the most emphatic way in which he testifies that his opinions are "facts", that worries forensic scientists and defence lawyers.

In his report on Feraday's evidence in the Assali case, Owen Lewis states, "It is my view that Mr Feraday's firm and unwavering assertion that the timing devices in the Assali case were made for and could have no other purpose than the triggering of IED's is most seriously flawed, to the point that a conviction which relied on such testimony must be open to grave doubt."

A host of other scientists, all with vastly more qualifications than Feraday concurred with Owen Lewis.

A report by Michael Moyes, a highly qualified electronics engineer and former Squadron Leader in the RAF, concluded that "there is no evidence that we are aware that the timers of this type have ever been found to be used for terrorist purposes. Moreover the design is not suited to that application."

Moyes was also struck by the similarity in the Berry and Assali case, in terms of the Feraday evidence.

In setting aside Berry's conviction in the appeal Court, Lord Justice Taylor described Feraday's evidence as "dogmatic".

This week in the Lockerbie trial, Feraday exhibited that same attitude when questioned by Richard Keen QC.

Keen asked Feraday about Lord Justice Taylor's remarks on his evidence, but Feraday, dogmatically, said he stands by his evidence in the Berry case.

He was further challenged over making contemporaneous notes on items of evidence he examined. Asked if he was certain that he had made those notes at the time, he said yes. When shown the official police log book which showed that some of the items Feraday had claimed to have examined had in actual fact been destroyed or returned to their owner before he claimed to examined them, his response, true to his dogmatic evidence was the police logs were wrong.

Under cross-examination though, it did become clear that Feraday completed a report for John Orr who was leading the police Lockerbie investigation and in that report he stated he was,  "Completely satisfied that the Lockerbie bomb had been contained inside a white Toshiba RT 8016 or 8026 radio-cassette player", and not, as he now testifies, "inside a black Toshiba RT SF 16 model."

As recently as May [2000], the leading civil liberties solicitor, Ms Gareth Peirce, told the Irish Times that the Lockerbie trial should be viewed with a questioning eye as lessons learned from other cases showed that scientific conclusions were not always what they seemed.

Speaking in Dublin Castle at an international conference on forensic science, Ms Peirce said she observed with interest the opening of the Lockerbie trial and some of the circumstances which, she said, had in the view of the prosecution dramatically affected the case.

She asked herself questions particularly relating to circuit boards which featured in the Lockerbie case and also in a case that she took on behalf of Mr. Danny McNamee, whose conviction for conspiracy to cause explosions in connection with the Hyde Park bombings (another case in which Feraday testified) was eventually quashed. She asked herself whether the same procedures were involved.

Danny McNamee may be the most recent Feraday case to be overturned, Hassan Assali believes his case will be the next.

[RB: Hassan Assali’s conviction was quashed in July 2005. The Lord Chief Justice, Lord Woolf, stated that Allen Feraday “should not be allowed to present himself as an expert in the field of electronics”.]

Background to prisoner transfer agreement

[What follows is excerpted from an article by Dr Ludwig de Braeckeleer that was published on the OhmyNews International website on this date in 2007:]

Saif Al-Islam Gaddafi, the son of Libya leader Colonel Muammar Gaddafi, told the French newspaper Le Monde that the six health workers, held in Libya for nearly a decade for allegedly having infected hundreds of children with HIV, have been released in exchange for the transfer to Libya of Abdelbaset Ali Mohmed al-Megrahi. (...)

"We will soon have an extradition agreement with the UK. Our diplomats have discussed the matter with their British counterparts last month," Saif Al-Islam Gaddafi said.

Saif Al-Islam Gaddafi sought the interview, held on Tuesday in a luxurious hotel located in the French city of Nice, to "clarify a few issues." He told the French journalists that he never believed that the six Health workers were guilty. "Unfortunately, they were mere scapegoats," he stated calmly. (...)

The deal was initiated by the former Head of MI6 Global Operations, Marc Allan [sic; the person referred to is Sir Mark Allen], who arranged a series of meetings between Bulgarian and Libyan secret services agents.

[General Kirtcho] Kirov [head of Bulgarian secret services] met Moussa Koussa on five occasions in Tripoli, Roma, Paris and London. Koussa was the head of the Libyan secret services until 2004, when he was succeeded by Abdallah Sanoussi, the brother-in-law of Colonel Muammar Gaddafi. Kirov and Sanoussi pursued the negotiations over the last three years.

Last February, Saif Al-Islam, the sword of Islam, and Kirov held a secret night meeting in Vienna. The two men agreed on exchanging the six medics sentenced to death in Libya for Abdel Basset Ali Al-Megrahi.

"I knew that these issues would be solved by late July-early August," Kirov said. "Both affairs are indirectly linked to the geopolitical interests of the US, the UK and Libya." (...)

The agreement to swap the medics for Megrahi was finalized during Blair visit to Tripoli earlier this year. On June 28, less than a month after one of his last foreign travels as Prime Minister, the Scottish Criminal Cases Review Commission decided to grant Megrahi a second appeal and to refer his case to the High Court.

The revelation by Saif Al-Islam and the timing of the events are devastating for Blair and the credibility of the Crown’s independence. Tony Blair's official spokesman has always denied the allegations that Megrahi would be returned to Libya.

Asked about these allegations, which were reported by the BBC and Sky News, at the G8 summit, Mr Blair's spokesman told AFP: "It's wrong."

The statement from the prime minister's office was backed by the Foreign Office spokesman. "It's an MoU that is going to lead to the start of discussions on the whole gamut of legal issues, judicial issues," he told AFP.

“Given that, it is totally wrong to suggest that we have reached any agreement with the Libyan government in this case. The memorandum of understanding agreed with the Libyan government does not cover this case,” he added. [RB: The Memorandum of Understanding, of course, did cover -- and was understood by both sides to cover -- Abdelbaset Megrahi.]

"Incredibly it seems that we are being asked to believe that this concerns other Libyan nationals, but not Megrahi," said Dr Jim Swire, whose daughter Flora was killed in the bombing.

The content of the MoU, which was signed on May 29 during Blair visit to Tripoli, is not known. Nevertheless, Scottish First Minister Alex Salmond told the Scottish Parliament that the document "deals with judicial cooperation on matters of law, extradition, and on the issue of prisoner transfer".

"This government is determined that decisions on any individual case will continue to be made following the due process of Scots law," Salmond said.

"Tony Blair has quite simply ridden roughshod over devolution and treated with contempt Scotland's distinct and independent legal system," said Scottish Tory leader Annabel Goldie.

It has long been suspected that the US and the UK governments would do whatever necessary to avoid a re-trial of the Lockerbie bombing. If indeed Megrahi is returned to Libya, it is almost certain that the real culprits of the worst act of terror in the UK will never be identified, let alone convicted. Neither will we ever know why both governments have conspired to cover up the identities of these culprits.

Deal done to get Megrahi to drop appeal

[What follows is the text of an article that appeared on the Channel 4 News website on this date in 2010:]

How does an ex-spy link BP, Libya and Lockerbie bomber? Who Knows Who investigates the key players at the heart of a growing transatlantic rift - from deals in the desert to the boardroom, via MI6.

The only man convicted in connection with the 1988 Lockerbie plane bombing over Scotland, Abdelbaset Ali Mohmed al-Megrahi, was released in 2009 on compassionate grounds. He is terminally ill with prostate cancer.

He returned home, personally escorted by Saif Gaddafi, son of Libya's leader Colonel Gaddafi, to a hero's welcome in August 2009.

The celebrations sparked fury around the world and were condemned by President Obama and then prime minister Gordon Brown. Nearly a year on, al-Megrahi is still alive in Libya and his name is back in global headlines.

Thousands of miles away in the US, a group of senators has called for an inquiry into an admission by British energy giant BP that it lobbied UK ministers to get them to speed up the signing of a prisoner transfer agreement, in order to rescue an oil deal with Libya. BP insists it never lobbied about Mr al-Megrahi personally.

The witnesses the US politicians call could include Scotland's Justice Secretary Kenny MacAskill, former justice secretary Jack Straw, Lord Browne, the former BP chief executive, and Tony Blair.

So who sped up the process which may have led to al-Megrahi's release? What did Tony Blair agree at the "deal in the desert"? And what is the BP connection?

Shortly after al-Megrahi's return home, Britain's former "man in Tripoli" Sir Oliver Miles told Channel 4 News he believed a deal had been done between the UK and Libya, to get al-Megrahi to drop an appeal against his conviction.

The former UK ambassador to Libya said: "I think Tony Blair originally thought that he could deal with it quite simply by [sending] al-Megrahi back to Libya under the prisoner transfer agreement. It turned out it wasn't as simple as that."

One man who knows more than most about what took place is Sir Nigel Sheinwald - Britain's ambassador to the US since 2007. Once Blair's right-hand man, he has been at David Cameron's side throughout the new prime minister's first official US trip.

Sir Nigel previously served as an adviser on foreign policy to Blair. Libyan ministers and diplomats are said to refer to the "Nigel and Tony" double act.

In 2003, with US approval, he chaired the secret meetings in London with the Libyans that led to an easing of international relations with Colonel Gaddafi.

Intriguingly, Mr Cameron's coalition partner also has a connection to Gaddafi. Before entering parliament, Deputy PM Nick Clegg worked for a lobby firm called GJW. One of its clients was Libya and a key project is said to have been "improving the reputation" of its controversial leader.

Sir Nigel Sheinwald was at the heart of this rehabilitation of Libya in the eyes of the West. He was sitting next to Tony Blair at the now infamous meeting in Gaddafi's tent in 2004.

Sir Nigel was again at Blair's side in 2007 when a prisoner transfer agreement was struck. On the same day Blair looked on as BP boss Tony Hayward signed a provisional agreement over $900m gas and oil exploration rights in Libya. Both deals later stalled and al-Megrahi's ill-health was the official reason for his release.

Another key player, and a name which should interest the US senators, is Sir Mark Allen. He was in charge of the Middle East and Africa department at MI6 until he left in 2004 to become an adviser to BP.

It is known Sir Mark lobbied then justice secretary Jack Straw to speed up an agreement over prisoner transfers to avoid jeopardising a major trade deal with Libya.

He made two phone calls to Mr Straw - who later let slip Sir Mark's involvement to a select committee. He said: "I knew Sir Mark from my time at the Foreign Office - he has an extensive knowledge of Libya and the Middle East and I thought he was worth listening to."

Sir Mark, an Oxford graduate and a fan of falconry, has been credited with helping to persuade the Libyans to abandon development of weapons of mass destruction in 2003. He is said to have "charmed" Gaddafi out of his international isolation.

But has BP's influence been overplayed? Sir Oliver Miles, the former British ambassador, believes so. He says that the US senators, angry at the Gulf of Mexico oil spill disaster, are trying to "kick BP while it's down".

He said that Libya had signed deals not just with BP, but also with Shell and ExxonMobil - the three biggest energy firms in the world.

Speaking to Channel 4 News he added: "Libya knows the only way it can achieve a boost in oil production is by bringing in the world's biggest oil companies.

"You don't have to look for any dirty business to explain why they're doing business with BP."

Feraday’s legacy

[On this date in 2005 Hassan Assali’s explosives conviction was quashed by the English Court of Appeal. His conviction in 1985 was founded on evidence given by Allen Feraday. What follows is a comment that appeared during the Zeist trial on the website edited by Ian Ferguson and me:]

As one of the Crown's key witnesses gave his testimony this week in Camp Zeist at the trial of the two Libyans accused of the bombing of Pan Am 103, one man, Hassan Assali watched news reports with interest as Allen Feraday took the witness stand.

Assali, 48, born in Libya but who has lived in the United Kingdom since 1965, was convicted in 1985 and sentenced to nine years. He was charged under the 1883 Explosives Substances Act, namely making electronic timers.

The Crown's case against Assali depended largely on the evidence of one man, Allen Feraday. Feraday concluded that the timers in question had only one purpose, to trigger bombs.

While in Prison Assali, met John Berry, who had also been convicted of selling timers and the man responsible for leading the Crown evidence against Berry was once again, Feraday. Again Feraday contended that the timers sold by Berry could have only one use, terrorist bombs.

With Assali's help Berry successfully appealed his conviction, using the services of a leading forensic expert and former British Army electronic warfare officer, Owen Lewis.

Assali's case is currently before the [English] Criminal Cases Review Commission, the CCRC. It has been there since 1997. Assali believes that his case might be delayed deliberately, as he stated to the Home Secretary, Jack Straw in a fax in February 1999: "I feel that my case is being neglected or put on the back burner for political reasons."

Assali believes that if his case is overturned on appeal during the Lockerbie trial it will be a further huge blow to Feraday's credibility and ultimately the Crown's case against the Libyans.

There is no doubt that a number of highly qualified forensic scientists do not care for the highly "opinionated" type of testimony, which is a hall mark of many of Feraday's cases.

He has been known, especially in cases involving timers to state in one case that the absence of a safety device makes it suitable for terrorists and then in another claim that the presence of a safety device proves the same, granted that the devices were different, but it is the most emphatic way in which he testifies that his opinions are "facts", that worries forensic scientists and defence lawyers.

In his report on Feraday's evidence in the Assali case, Owen Lewis states, "It is my view that Mr. Feraday's firm and unwavering assertion that the timing devices in the Assali case were made for and could have no other purpose than the triggering of IED's is most seriously flawed, to the point that a conviction which relied on such testimony must be open to grave doubt."

A host of other scientists, all with vastly more qualifications than Feraday concurred with Owen Lewis.

A report by Michael Moyes, a highly qualified electronics engineer and former Squadron Leader in the RAF, concluded that "there is no evidence that we are aware that the timers of this type have ever been found to be used for terrorist purposes. Moreover the design is not suited to that application."

Moyes was also struck by the similarity in the Berry and Assali case, in terms of the Feraday evidence.

In setting aside Berry's conviction in the appeal Court, Lord Justice Taylor described Feraday's evidence as "dogmatic".

This week in the Lockerbie trial, Feraday exhibited that same attitude when questioned by Richard Keen QC.

Keen asked Feraday about Lord Justice Taylor's remarks on his evidence, but Feraday, dogmatically, said he stands by his evidence in the Berry case.

He was further challenged over making contemporaneous notes on items of evidence he examined. Asked if he was certain that he had made those notes at the time, he said yes. When shown the official police log book which showed that some of the items Feraday had claimed to have examined had in actual fact been destroyed or returned to their owner before he claimed to examined them, his response, true to his dogmatic evidence was the police logs were wrong.

Under cross-examination though, it did become clear that Feraday completed a report for John Orr who was leading the police Lockerbie investigation and in that report he stated he was,  "Completely satisfied that the Lockerbie bomb had been contained inside a white Toshiba RT 8016 or 8026 radio-cassette player", and not, as he now testifies, "inside a black Toshiba RT SF 16 model."

As recently as May [2000], the leading civil liberties solicitor, Ms Gareth Peirce, told the Irish Times that the Lockerbie trial should be viewed with a questioning eye as lessons learned from other cases showed that scientific conclusions were not always what they seemed.

Speaking in Dublin Castle at an international conference on forensic science, Ms Peirce said she observed with interest the opening of the Lockerbie trial and some of the circumstances which, she said, had in the view of the prosecution dramatically affected the case.

She asked herself questions particularly relating to circuit boards which featured in the Lockerbie case and also in a case that she took on behalf of Mr. Danny McNamee, whose conviction for conspiracy to cause explosions in connection with the Hyde Park bombings (another case in which Feraday testified) was eventually quashed. She asked herself whether the same procedures were involved.

Danny McNamee may be the most recent Feraday case to be overturned, Hassan Assali believes his case will be the next.

[RB: As mentioned above, Assali’s conviction was quashed on 19 July 2005. The Lord Chief Justice, Lord Woolf, stated that Allen Feraday “should not be allowed to present himself as an expert in the field of electronics”.]

Presiding over a charade

[What follows is the text of a letter by John S Laverie published in the Sunday Herald today:]

In a chilling account of the Gaddafi regime, David Pratt refers to the congratulatory correspondence sent by the MI6 chief officer, Sir Mark Allen, to Moussa Koussa, head of Libyan intelligence (1994-2009) (Rendition, torture, MI6 and the secrets of Libya's gulag, June 12).

The recipient of these letters, which proved that MI6 had been complicit in the abduction and extradition of Libyan dissidents to Tripoli to face years of torture and probable death, defected during the overthrow of colonel Gaddafi and fled to Britain in March 2011. He was immediately taken into police custody, whereupon the then foreign secretary, William Hague, appeared on television to announce that Koussa would be interrogated by MI6.

Crucially, Koussa was also to be interviewed by Scottish prosecutors in relation to Lockerbie, leading to the possibility of a breakthrough, much trumpeted by Hague. Koussa, a close friend of Gaddafi's since their student days, had, after all, been instrumental in the eventual handover of Al-Megrahi for trial, while welcoming the latter's compassionate release nine years later. There followed a deafening silence on the outcome of Koussa's interrogation, and he was not heard of again until five months later when a Channel 4 camera crew tracked him down to a hotel foyer in Qatar. Had he been allowed to leave London with impunity?

If, in March 2011, William Hague (now Baron of Richmond) and the Scottish prosecutors had good intentions to discover the truth about Lockerbie, and were not simply presiding over a charade, then they owe an explanation and an apology to the families of the Lockerbie victims still in pursuit of justice. Absolutely no-one believes that Moussa Koussa had no story to tell.

Blair and Gaddafi

[The Daily Mail is currently publishing extracts from Blair Inc: The Man Behind The Mask by Francis Beckett, David Hencke and Nick Kochan. Here is part of yesterday’s instalment:]

The confusion Blair creates with his business methods is typified by his contacts with the Libyan dictator, Colonel Gaddafi — as Tim Collins, billionaire founder of a Wall Street investment company and now an ex-friend of the former Prime Minister, discovered to his disgust and dismay.

In April 2009, two years after leaving office, Blair was holding secret talks with Gaddafi about the possible release from prison in the United Kingdom of the convicted Lockerbie bomber, Abdelbaset Ali al-Megrahi.

Libya was threatening to cut all business links if Megrahi stayed in a British jail.

Blair, who flew to Libya at Gaddafi’s expense — and in Gaddafi’s private jet — invited Collins along.

Collins thought he was going in his capacity as a trustee of Blair’s Faith Foundation to promote a campaign for anti-mosquito nets for children in Africa.

When he got there, he found Gaddafi eager to discuss investment to build beach resorts on the Libyan coast.

Mosquito nets were barely mentioned. (...)

Whatever the truth, Collins cringed at Blair’s deferential attitude towards the dictator.

He himself thought Gaddafi quite mad and refused to do business with him.

Blair, however, seems to have had no qualms about an ever closer association with Gaddafi.

In an interview in 2010, a Gaddafi associate acknowledged that the dictator ‘talks regularly to Blair as a friend’ and ‘consults him on many issues.’

Papers found in Tripoli after Gaddafi’s overthrow in 2011 show that Blair held at least six private meetings with him in the three years after he left No 10 Downing Street.

Blair’s involvement with Libya goes back to his days as Prime Minister, when he spotted the considerable commercial benefits to be gained from access to Libya’s colossal reserves of oil and gas, as well as huge opportunities for foreign firms to renew its ancient infrastructure.

In seeking to take advantage of this, he was ably assisted by Sir Mark Allen, a former British spy who spent much of his operational career in the Middle East. He was head of MI6’s counter-terrorism unit, which is alleged to have colluded in the use of ‘enhanced interrogation techniques’ to torture terror suspects in Libya.

In 2004 his bid to become head of MI6 failed and he retired from public service.

But Prime Minister Blair cleared him to take work immediately as a special adviser for the oil giant BP, despite rules that would normally have prevented a former civil servant from taking money from a large corporation so soon after retirement.

As Blair’s premiership was coming to an end in 2007, Allen used his contacts in both the UK and Libya to resolve issues surrounding the release of Lockerbie bomber al-Megrahi.

This in turn enabled a deal in which BP announced it would return to operations in Libya after a 30-year absence.

Libya under Gaddafi turned out to be a natural place for Blair to exercise his entrepreneurial talent.

On behalf of British companies, he courted the Libyan Investment Authority (LIA) and the National Oil Corporation (NOC).

Both the LIA and the NOC were massive and corrupt institutions with fabulous wealth. Regime figures describe Blair lobbying extensively for clients, and in return he intervened personally to aid the Gaddafi clan on several occasions.

He tried to persuade Oxford University to give a place to Saif, Gaddafi’s son, and is thought to have been instrumental in the eventual decision of the LSE to admit him as a PhD student.

His relationship with Gaddafi continued right up to the dictator’s fall.

During the Libyan Revolution, Blair telephoned Gaddafi twice on February 27, 2011, reportedly to ask him to stop the violent crackdown on his opponents.

Gaddafi might reasonably have expected a little help at the time of his greatest need, but that was the last time the two spoke, and a few weeks later Gaddafi was captured and slaughtered.

Perhaps Blair shed a tear for his old chum. Then again, perhaps he didn’t.

Dear Muammar ... Yours Tony

The following reports in today’s editions of The Herald, The Independent and The Guardian, although not directly related to the Lockerbie case, perhaps add support to the contention that the Blair Government was determined, by hook or by crook, to secure Abdelbaset Megrahi’s return to Libya: Dear Muammar ...Yours Tony: Blair letter is latest evidence of UK-Libya links and Letter between Tony Blair and Colonel Gaddafi revealed as part of documents seized following Libyan revolution and Revealed: How Blair colluded with Gaddafi regime in secret.

From my own meetings with Libyan officials at the very highest level, I can testify that the Libyan government, as a result of its dealings with Tony Blair, Sir Nigel Sheinwald and Sir Mark Allen, believed in 2008 that the repatriation of Megrahi was a done deal. There was a distinct measure of consternation and some scepticism when I informed the Libyan officials that the question of repatriation was one for the Scottish Government, not the UK Government.