Fragments of truth, continued

[The following exchange of e-mails involving Richard Marquise, Frank Duggan and Mark Hirst took place following the appearance on 17 November of Mark Hirst's article "Fragments of truth".]

1. From Richard Marquise to Mark Hirst, copied to Frank Duggan, dated 22 November
I have read your recent Lockerbie article entitled "Fragments of Truth" and I will tell you, that I believe your article was aptly named.

I can appreciate that Mr. Megrahi "steadfastly maintains his innocence" but I am certain you weighed that claim with all the other lies he has told in the past--"I am not a member of Libyan intelligence," and "I was not in Malta on 20-21 December 1988, I was here in Tripoli with my family." Those lies were proven at trial but somehow, you want to believe what he tells you today. I am incredulous. Is it the truth now or was it last time he spoke??

Your statement alleges that "many professionals involved in this case including US intelligence officers,legal experts and police investigators" share Mr. Megrahi's view. Who are they??? Former CIA agent Robert Baer should not count since he never worked on the case and has no idea what the evidence was or how it was collected or shared. Who are these other people? I do not count Gareth Pearce or Robert Black--they too know only what they "think?" As we who have been law enforcement professionals know--"thinking" is not admissible in court--facts and evidence are--even circumstantial evidence.

You speak of "new evidence" in this case but I have read his postings to date and have seen nothing which would change my mind about the righteousness of his conviction.

You talk about the "cover up" of the weakness of the investigation-- there was never a cover up--the evidence was the evidence and the three judges convicted him. You might call their reading the the evidence "shameful" but I think they came to the correct conclusion--Mr. Megrahi was guilty of murder the Libyan Government was responsible for the attack.

You believe we had pressure to secure the indictment. Yes, we did believe that a "timescale" was in place to announce something but we also recognized that without someone in Libya providing us information, there would probably never be any new evidence developed. This proved to be the case until 1999 when the Libyan Government was compelled to "cooperate" and some additional evidence was collected (which proved that Mr. Megrahi and Abdusamad were one in the same and that Mr. Megrahi was a Libyan agent. To me, these findings corroborated some of the things Mr. Giaka told us.

While it is true that intelligence agencies did provide the name of Mr. Megrahi (one of many), it was through the investigation that Mr. Fhimah was brought into the case. His name did not come from intelligence agencies and was a complete byproduct of "detective" work.

You (and others) continue to claim that witnesses at trial were motivated by money. While I will not be able to say what motivates each and every person who testifies at any trial, I have said it before and will say it again--no witness--none-- was ever promised money or asked to say anything at any interview or at trial in exchange for money. None!! In fact, it was Mr. Bollier who came to the US Embassy in January 1989 and attempted to implicate the Libyans, long before there was one shred of real evidence collected at Lockerbie. It would be nearly two years before he could even be identified as that person.

You continue to make allegations about Mr. Thurman and that he has no credentials to do "forensic" examinations. Would it shock you to know that not only does he have extensive experience as an explosives expert in the US military (pre FBI), he also has a masters degree in Forensic Science? I am certain that will be made clear in your next attempt to criticize him.

With regard to the "travel" of PT-35-- once again-- it was the sharing of information which led to the solution of this case. If the fragment had remained behind in Scotland, never shared, it would possibly be unidentified today. No one would ever have discovered it was a piece of one of 20 timers given to Libyan intelligence. It is clear no one ever attempted to "cover" that up-- I freely admitted it in my book, Mr. Henderson stated such in his precognition and I again said so to Mr. Levy. My "confusion" at Arlington last December over whether it had come to the US or not, was due more to the tone of the question, the setting and the allegation I may have lied to him when he first interviewed me. Unlike Mr. Megrahi, I do not tell lies when it comes to the evidence in this case. I said it right when Mr. Levy first interviewed me. We had nothing to hide because we did the right thing and there has never, never, never been one scintilla of proof that PT-35 was altered or changed in any way.

I was a bit disappointed that you chose to end your "treatise" using the vulgar quote from Ian Ferguson. I guess I expected better from someone who is involved in politics.

I would hope that in the future you cover "all" the facts when you write concerning Lockerbie.

2. From Frank Duggan to Richard Marquise, copied to Mark Hirst and Robert Black, dated 22 November
We greatly appreciate your continuing to present the facts to Mr. Hirst, Ms. Grahame, Prof. Black, Gareth Pearce and the rest of the shameless band of conspiracy mavens. They are no worse than holocaust deniers, who will not accept the facts before their faces.

Thanks for your continued efforts on behalf of 270 innocent souls murdered by Mr. Megrahi and his state sponsors of terrorism.

3. From Mark Hirst to Richard Marquise and Frank Duggan, copied to Robert Black, dated 23 November
I am at somewhat of a loss as to know where to begin as it is becoming increasingly apparent that there is a huge intellectual void between us. You talk freely of "facts" yet seem utterly incapable of critically examining the facts that have come to light since the trial and indeed re-examine the supposed facts that were led during it.

I note, with some despondency, that US Governmental control of the doctrinal system may make it ultimately impossible for you to accept and consider the realities in this case and that American culture encourages an ideology that "hates" to lose and therefore it is extremely difficult for you to consider, even if you consciously knew it, that you may be entirely wrong.

Mr Duggan, it is apparent to me from your blatant right wing political agenda that your grasp of what facts there are is extremely limited. For information, unlike the United States of America, both my grandfathers fought for three consecutive the perpetrators of the holocaust before the US woke up to the danger of aggressive imperialist fascism, the same type of imperial cultural and political fascism which appears to be an integral part of US foreign policy today.

I suspect (although I have yet to see any evidence!) that at some base level both you and Mr Marquise are aware of the facts in this case, which is presumably why you have both consistently endeavoured to lower the arguments surrounding this case to concentrating on character assassination and failed to argue the substantive points in the case or answer the core questions at its heart.

Mr Duggan, despite what you may think, you clearly do not represent the 270 innocent souls who were murdered in December 1988, a fact that I fear has completely eluded you.

Turning to your comments Mr Marquise. I have been generous with you in the past and have stated to those I have met and discussed this with, including the Justice Minister at the time of the trial and others, that you may not have actively tried to deceive and that you simply reached the wrong conclusions on the limited evidence available and due to the enforced timescales imposed to secure an indictment. However it is clear that you have and are involved in a propaganda campaign to defend the conviction. I understand why on a personal level you would wish to do that. Your entire professional career and reputation and that of Henderson and other senior legal people here in Scotland depend on maintaining this unsafe conviction. That personal stake in this case has blinded you and those you have helped indoctrinate into ignoring the substantive pieces of information and evidence that has come to light since the kangaroo court proceedings in Holland.

I am willing to accept that there was a slackness in the investigation (in terms of failure to follow correct procedure), certainly in the Scottish police aspect of the case, because at that time no one seriously believed Libya would ever surrender the two accused. I can only imagine the sense of panic that ensued when it became evident that the Megrahi and Fhimah were prepared to come before what they were told, and believed would be a fair court process.

You seem to be trapped by the illusion that our certainty in Megrahi’s innocence is based solely on us meeting him in person and not by the conclusions of the SCCRC report, the discussions we have had with police officers involved in the case and very senior figures inside the Scottish legal system who are as appalled as us with the outcome of the investigation and conviction of an innocent man, whilst the real perpetrators go unpunished.

Regarding the cash reward received by witnesses I can only say if they were motivated by a civic or moral duty why would they need the money? In fact why would they actively seek financial reward, as you must know was the case? Another fact obscured by your visceral hatred of those who seek to objectively and critically examine the case you presented.

You claim that no money was ever offered or promised before trial. Presumably you mean "was never offered by the FBI" as you must know that money was discussed at length by US intelligence. I thought it was "us" who were the "deniers"?

You imply that I am behind the allegations that Mr Thurman is not properly qualified. That is not the case. It was the FBI’s Fred Whitehurst who makes that assertion although I appreciate it will not be a comforting experience to have fellow Americans undermine the determined indoctrination process you are involved with.

As I have previously stated I coincidentally worked as a Quality Inspector for the world’s biggest PCB manufacturer in the world, ironically a US owned company. I therefore happen to know a little about circuit boards. Having recently read the court transcript the identification of PT35 was done purely on a visual comparison of a complete board which the CIA happened to have and which Thurman acquired. As I have previously stated the board was NOT manufactured by MEBO, but by Thuring AG and then sold to MEBO to be "populated". I have made the point before, and this is evident in the court transcript, that there are design characteristics on PT35 which yes, could be present on a complete MST13 timer, but, which the Court failed to consider, equally present on any number of other circuits produced by Thuring. That is not just my view but a view shared by people I know who still work in the industry and presumably why none of the 55 PCB companies visited by investigators was able to give a categorical identification of the fragment before Thurman’s "miraculous" (I am being generous) ID in Washington.

As you have stated Mr Marquise, without PT35 there would be no indictment, let alone a conviction so this and the other serious questions regarding PT35 are significant. Incidentally you previously took me to task over whether the MST13 timers were sold or simply "given" to Libya and stated, as "fact", that they were "given" and not sold. If you would like I am happy to send you a recorded interview conducted in 2000 with your associate Robert Muller, who I believe runs the FBI today. He makes it clear then that the timers were "sold". Perhaps a conference call may be required to get your stories straight before you begin lecturing others on what constitutes "fact" and what does not.

I am sorry you took offence at the "vulgar" quote I used from Ian Ferguson. It seemed to fit the vulgar outcome of the manner in which this investigation and trial were conducted and underscore the sheer scale of the huge miscarriage of justice that has taken place. In that context I believe there are other more substantive and relevant apologies to be made.

As you are aware, I and many others (including those inside the US and UK intelligence services) hold the view that Iran was responsible for this attack. Our narrative of the crime which led to the murder of 270 people over Lockerbie is based on our belief that Iran carried out the attack in revenge for the terrorist atrocity which the US carried out against Iran when they shot down Flight 655, five months before Lockerbie.

As you will see later today, we are now calling for an international inquiry to be established to examine the broader context that led to the Pan Am 103 attack and which, if we lived in a non-hypocritical, fair and just world, would hopefully lead to the conviction of those who are really responsible for Pan Am 103 and those officers and crew who illegally entered Iranian waters and blew up 290 innocent victims on the Iranian flight five months before. These are two interrelated terrorist acts in which the perpetrators, on both sides, have yet to face justice.

I appreciate the real sense of angst that many US families will have regarding the Megrahi release and those who believe, as I do, that he is innocent of this crime. They have been, as one US family member told me "lied to from the outset by our own government and others". I understand too that the American sense of "justice" is very much based on the concept of an eye for an eye and why, therefore, it would be very difficult for Americans to accept the revenge attack which Iran sponsored in retaliation for the murder of 290 of their citizens. I also understand why, Mr Marquise, you are so passionate to defend your reputation in the face of facts that existed during the investigation and which have emerged subsequently. That is an entirely understandable human reaction.

As you must surely appreciate by now, this is not an issue that is going to slip away quietly. Because the real perpetrators have yet to face justice, it shouldn’t be allowed to.

It may be comforting for you, Mr Duggan in particular, to hide behind his metaphoric redoubt and sling entirely inappropriate comment at those who are challenging the official version of events that has been fed to you over the years. The holocaust comparison you make directed at me is presumably an attempt to align those of us who believe Iran was responsible for the attack on Pan Am 103 to the abhorrent comments of the current President of Iran who is on record as a holocaust denier. What a vulgar irony that truly is.

Given, Mr Marquise, you are blind copying in other people to your correspondence between us you will have no particular objection to Professor Black reporting this exchange on his blog?

4. From Frank Duggan to Mark Hirst, copied to Richard Marquise and Robert Black, dated 24 November
There is no intellectual void. It would be helpful to your advocacy if you would explain Mr. Megrahi's actions in Malta and elsewhere, as brought out in the court's decision concerning his guilt. Stating that there were other reasonable, legal explanations for his carrying a false passport and lying about it is not helpful. These are facts that you "seem utterly incapable of critically examining."

5. From Mark Hirst to Frank Duggan, copied to Richard Marquise and Robert Black, dated 25 November

I suspect this exchange could continue forever and with no resolution between our differing views. I think this issue has been debated many times, but I don't see how inverting the burden of proof really assists the case being made against Megrahi. There are any number of unrelated reasons (unrelated to the crime) that would explain why Megrahi could have been carrying a diplomatic coded passport and these are already in the public domain. It was for the Crown to demonstrate these issues were directly connected to the crime, not for Megrahi or anyone else to explain what other possible reasons he may have had for carrying such a passport or other business he may, or may not have had in Malta. I understand that some of Megrahi's own children were also carrying coded diplomatic passports. Were these children involved in the crime also?

The independent SCCRC has concluded that there are very serious issues around the identification by Gauci, not just the millions of dollars he and his brother solicited and received from the CIA. Without the identification there is no case against Megrahi. The fact that the three judges appear to have misdirected themselves by coming up with their own narrative of the crime, which differed significantly from the one the Crown presented, is somewhat of a red herring in terms of defending the conviction being the "considered conclusion of a Scottish court", with the implication that they did not make a monumental legal error in doing so. You must at least know that.

Yourself and Mr Marquise continually attempt to dismiss critical examination of the case as the work of "conspiracy theorists" and appear to believe, without foundation, there is some kind of active conspiracy between myself, Ms Grahame, Professor Black, Dr Swire, John Pilger, Professor Chomsky, Nelson Mandela, Hans Kochler, Ian Ferguson, Gareth Pierce, Gideon Levy, Bob Baer, Fred Whitehurst and many others (including, most likely the SCCRC) who have looked at this case. Clearly the wide range of individuals, most, if not all, with exemplary professional credentials (despite your attempts at character assassination) demonstrates that beyond the three trial judges there remains, and is likely to remain, very serious doubts over the safety of this conviction and the manner in which the investigation was conducted.

That is one fact that I am confident we can both agree on.

SNP ministers 'wanted bomber out of the way'

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

Scottish Ministers last night angrily denied extraordinary claims from a sacked SNP adviser that the Lockerbie bomber had been released for “political” reasons – and not on grounds of ill health.

Mark Hirst claims First Minister Alex Salmond and Justice Secretary Kenny MacAskill had already decided to free Abdelbaset Ali Mohmed al-Megrahi before the application for a prisoner transfer from Libya was even received.

Mr Hirst, who was sacked as Christine Grahame’s senior political adviser in September, is embroiled in an increasingly bitter row with his former employer. (...)

Writing online yesterday [RB: in a comment on this blog], Mr Hirst said: “MacAskill made the decision... BEFORE his defence team or Libyan officials had made any application to have him returned.

“He didn’t do this because he felt any real sense of compassion, or for any commercial reasons as the Americans have stated, but because MacAskill believed it was politically expedient. Fair to say neither he or anyone expected the media furore that followed.

“For Scottish Ministers the bottom line was this; they were determined to uphold, as they saw it, the integrity of the Scottish legal system... whether or not it deserved it.

“Ensuring Megrahi was out the way and sent back to Libya, his appeal dropped, was critical to achieving that objective.”

Mr Hirst also claimed that Ms Grahame – who was a vocal supporter of Megrahi and believed he had suffered a miscarriage of justice – had now “backed off” from the campaign.

So far, she has not used her position as Convener of the Justice Committee to push for a Scottish Government inquiry into the 1988 bombing.

Mr Hirst wrote: “Grahame said she could not, for political reasons, push Scottish Ministers fully on this.

‘There is only so far I can go,’ she told me and added that we should continue to try to divert and focus calls for an inquiry on the UK Government instead, knowing fine well they will never hold one.”

Megrahi, 59, is the only man ever convicted of the bombing in 1988. After being diagnosed with terminal prostate cancer, he was freed on compassionate grounds just days after dropping an appeal against his conviction – which many believe to have been flawed.

Colonel Gaddafi’s regime had also applied for a prisoner transfer, under a deal agreed with Tony Blair’s government as part of talks that also saw BP win lucrative oil deals.

Mr MacAskill’s spokesman said last night: “This is complete and absolute nonsense, from an individual in no position to know anything about these matters. There were two applications for release – one on compassionate grounds, and another for prisoner transfer. The Justice Secretary rejected the prisoner transfer application.

“In every regard, the Scottish Government acted without any consideration of the economic, political and diplomatic factors that the then UK Labour Government based its hypocritical position in favour of release on.”

Lockerbie doubters branded ‘Holocaust deniers’

[This is the headline over a report in today's Scottish edition of The Sunday Times. It reads as follows:]

A representative of families of American victims of the Lockerbie disaster has likened those questioning the guilt of the convicted Libyan bomber to “Holocaust deniers”.

Frank Duggan, an official spokesman for Victims of Pan Am Flight 103, described those who believe Abdelbaset Ali Mohmed al-Megrahi is innocent as a “shameless band of conspiracy mavens”.

Those criticised include Christine Grahame, the nationalist MSP, her researcher Mark Hirst, Robert Black, the Edinburgh-based legal expert who helped broker Megrahi’s trial in the Netherlands and Gareth Peirce, the London-based human rights lawyer.

In an email sent to Richard Marquise, a former FBI official who headed the investigation, Duggan said Grahame, Hirst, Black and Peirce were “no worse than Holocaust deniers who will not accept the facts before their faces”.

Grahame, who believes that Iran, not Libya, was behind the 1988 bombing, which claimed 270 lives, said Duggan’s comments were ludicrous. “My father and the fathers and grandfathers of many of the other people who are seeking the truth about who attacked Pan Am 103 were fighting the perpetrators of the Holocaust for three years before the US saw fit to get involved,” she said.

Hirst accused Duggan of a “highly personal” smear campaign against those who doubted the safety of Megrahi’s conviction.

The row reflects anger among the families of the American victims at the decision by Kenny MacAskill, the justice minister, to free Megrahi on compassionate grounds. Megrahi, who has terminal prostate cancer, has outlived his three-month prognosis. Last week, MacAskill defended his decision to a Holyrood inquiry into the handling of Megrahi’s release, insisting that the medical advice was “quite clear”.

US intelligence files published last week claim Megrahi was involved in buying and developing chemical weapons for Libya.

Black declined to comment and Peirce was unavailable for comment.

[I declined to comment since I was unwilling to descend into the gutter with Mr Duggan.

The Scottish Criminal Cases Review Commission which, on six grounds, found that Mr Megrahi's conviction may have amounted to a miscarriage of justice, no better than Holocaust deniers, forsooth!

According to The Chambers Dictionary "maven" or "mavin" is US slang, from Yiddish, for pundit or expert.

The full e-mail exchange between Mr Duggan, Richard Marquise and Mr Hirst can be read here.

An interesting commentary (in German) on The Sunday Times article can be found on the Austrian Wings website. A more general article on the Lockerbie affair on the same website by Editor in Chief Patrick Radosta can be read here.]

A highly personal smear campaign

[What follows is the text of an item originally posted on this blog on this date in 2009:]

Lockerbie doubters branded ‘Holocaust deniers’

[This is the headline over a report in today's Scottish edition of The Sunday Times. It reads as follows:]

A representative of families of American victims of the Lockerbie disaster has likened those questioning the guilt of the convicted Libyan bomber to “Holocaust deniers”.

Frank Duggan, an official spokesman for Victims of Pan Am Flight 103, described those who believe Abdelbaset Ali Mohmed al-Megrahi is innocent as a “shameless band of conspiracy mavens”.

Those criticised include Christine Grahame, the nationalist MSP, her researcher Mark Hirst, Robert Black, the Edinburgh-based legal expert who helped broker Megrahi’s trial in the Netherlands and Gareth Peirce, the London-based human rights lawyer.

In an email sent to Richard Marquise, a former FBI official who headed the investigation, Duggan said Grahame, Hirst, Black and Peirce were “no worse than Holocaust deniers who will not accept the facts before their faces”.

Grahame, who believes that Iran, not Libya, was behind the 1988 bombing, which claimed 270 lives, said Duggan’s comments were ludicrous. “My father and the fathers and grandfathers of many of the other people who are seeking the truth about who attacked Pan Am 103 were fighting the perpetrators of the Holocaust for three years before the US saw fit to get involved,” she said.

Hirst accused Duggan of a “highly personal” smear campaign against those who doubted the safety of Megrahi’s conviction.

The row reflects anger among the families of the American victims at the decision by Kenny MacAskill, the justice minister, to free Megrahi on compassionate grounds. Megrahi, who has terminal prostate cancer, has outlived his three-month prognosis. Last week, MacAskill defended his decision to a Holyrood inquiry into the handling of Megrahi’s release, insisting that the medical advice was “quite clear”.

US intelligence files published last week claim Megrahi was involved in buying and developing chemical weapons for Libya.

Black declined to comment and Peirce was unavailable for comment.

[I declined to comment since I was unwilling to descend into the gutter with Mr Duggan.

The Scottish Criminal Cases Review Commission which, on six grounds, found that Mr Megrahi's conviction may have amounted to a miscarriage of justice, no better than Holocaust deniers, forsooth!

According to The Chambers Dictionary "maven" or "mavin" is US slang, from Yiddish, for pundit or expert.

The full e-mail exchange between Mr Duggan, Richard Marquise and Mr Hirst can be read here.

An interesting commentary (in German) on The Sunday Times article can be found on the Austrian Wings website. A more general article on the Lockerbie affair on the same website by Editor in Chief Patrick Radosta can be read here.]

Reaction to Newsnight programme

[The following e-mail was sent by Frank Duggan to Tom Thurman and copied to Mark Hirst and me amongst others.]

Tom - that BBC video is rubbish. It must gall you to have your own experience and background deliberately misstated, but worse, to have the whole investigation continually called into question by others with unsupported theories. I would hope that there would be one reporter in the UK who would understand that the piece of timer in question, as well as other pieces of evidence, were not destroyed because the plane was not blown up! It was torn apart, and even pieces of paper that were in that suitcase were recovered. Perhaps we can remind them what happens when a pinhole is made in a balloon, and that the relatively small explosive charge created a gas shockwave penetrating the skin of the plane and blowing off the front nose portion.

Perhaps I am asking too much.

[The following e-mail was sent by Mark Hirst to Frank Duggan and copied to me.]

Tom Thurman complains [in an e-mail to Richard Marquise] that the BBC left out his other "relevant" background. Fred Whitehurst (former FBI Crime Lab Supervisor) has made it plain Thurman could not in any way describe himself as a scientist. He is certainly not qualified in the Printed Circuit Board (PCB) industry. Furthermore his comments related to PT35 confirm that the "link" was made not through scientific tests, but merely through a visual ID of the circuit board, after the most experienced explosive experts in the UK could not identify it, nor could the dozens of PCB manufacturers that police investigators visited.

As a former PCB quality assurance inspector myself (with the largest PCB manufacturer in the world) and who has spoken to a number of colleagues in the industry, there are a large number of scientific tests that could have, and should have, been carried out on PT35, but which were not. These would have given a clearer indication whether this fragment came from the timer device alleged. But as is clear in the trial transcript and below there was no actual scientific testing applied to this fragment, beyond the visual ID of a man whose professional integrity has, as is already widely known and reported, been brought into serious question in other criminal investigations. Sadly the same is true of Mr Feraday and the dubious forensic evidence he provided in other serious miscarriages of justice in the UK.

Sadly the Crown Office statement once again seems more concerned with upholding the reputation of the conviction, regardless of whether it deserves it or not - it clearly does not in this case. They are defending the indefensible, and leading the Scottish legal system further into the mire.

As a lifelong Scottish patriot, it pains me to say it but the reputation of the much vaunted independent Scottish legal system has been irredeemably damaged by this shoddy conviction, made worse by the subsequent sycophantic statements by the Crown Office to appease extreme right wing political sentiment in the US, whilst all the time one of the prime (PFLP-GC) suspects in this case sits comfortably in his home in Washington... What tragic irony.

Mr Duggan and those behind him (and I don't mean the US relatives of PA103) may take comfort in the knowledge that they are in some way reflecting and upholding the realpolitik of US global geo-political interests in persisting in the utter nonsense of this conviction, but eventually, regardless of the "appropriateness" of the forum, the full truth of this atrocity will come to light sooner or later. I would suggest, if they have not already done so, that the Crown Office press team begin drafting some preparatory lines to reflect that reality as it continues to enter the public domain, if we have any hope of salvaging the reputation of Scots law. I fear however it may be too late.

Lockerbie prosecutors "afflicted by wilful blindness"

[What follows is an article by Mark Hirst published today on the Russian Sputnik News website:]

Scottish prosecutors involved in the investigation of Lockerbie bombing in 1988 are “afflicted by wilful blindness” by ignoring concerns from distinguished UK lawyers, Robert Black QC, a Professor of Scots law has told Sputnik.

Scottish state prosecutors involved in the investigation of the Pan Am 103 bombing over Lockerbie in 1988 are “afflicted by wilful blindness” by ignoring concerns from distinguished UK lawyers about the safety of the conviction of Libyan Abdelbaset al-Megrahi, Robert Black QC, a Professor of Scots law has told Sputnik.

“[Prosecutors] must be afflicted by wilful blindness or by unquestioning loyalty to the Crown Office party line,” Black told Sputnik Sunday.

“Among the distinguished lawyers who have expressed grave concerns about the evidence are Sir Gerald Gordon QC -- who was in charge of the Scottish Criminal Cases Review Commission (SCCRC) investigation in 2003 to 2007 -- Michael Mansfield QC, Anthony Lester QC, Gareth Peirce, Benedict Birnberg and Jock Thomson QC,” Black added.

At a service in Washington to mark the 26th anniversary since the bombing that claimed 270 lives, the worst single terrorist attack in British history, Lord Advocate Frank Mulholland, who heads Scotland’s prosecution, known as the Crown Office, told American relatives, “During the 26-year long inquiry not one Crown Office investigator or prosecutor has raised a concern about the evidence in this case.

“We remain committed to this investigation and our focus remains on the evidence, and not on speculation and supposition,” Mulholland added.

Black, along with many UK relatives of victims, has long claimed the prosecution of Megrahi was a miscarriage of justice. The Professor is currently campaigning to have a public inquiry established that would review all the evidence, including new information that, campaigners believe, throws fresh doubt over prosecution claims that Libya was responsible for the attack.

But Black told Sputnik the first step would be to overturn Megrahi’s guilty verdict.

“I think we may get there eventually,” Black told Sputnik referring to the prospects of securing an independent public inquiry. “But realistically the conviction will have to be overturned first – hopefully as a result of the current SCCRC application culminating in a reference back to the High Court.”

Megrahi, who was suffering from terminal cancer, was released on compassionate grounds by the Scottish Government in 2009 and returned to Libya where he died in 2012. In June this year the Libyan’s relatives instructed a Scottish lawyer, Aamer Anwar, to start the process that they hope will lead to an appeal being heard in the Scottish High Court.

But Black told Sputnik that although a posthumous appeal was allowed under Scots law the process was not straightforward.

“The main obstacles are firstly the High Court's power to refuse to hear an appeal even when allowed by the SCCRC,” Black told Sputnik.

“The second obstacle is the tactic of delay. This was the Crown's principal tactic in the last Megrahi appeal, exercised so successfully that a case that should have been concluded before Megrahi’s illness was diagnosed had only just started when he had to apply for compassionate release. I have no doubt that [prosecutors] will use it again. Dragging things out adds to the expenses of the appellants – who will not this time be subsidised by the Libyan government – and the Crown will hope that they run out of money,” Black said.

In 2007 the SCCRC, following a four-year investigation into the case, concluded there were six grounds to refer the case back to the court of appeal, concluding that there may have been a miscarriage of justice. Shortly after the UK Government secured a Public Interest Immunity order preventing key evidence from being given to the defence that might assist in Megrahi’s defence.

“They will again assert Public Interest Immunity in respect of the document relating to timers that formed the basis of two of the SCCRC's grounds of referral in 2007,” Black told Sputnik. “This, of course, will contribute to delay and expense.”

Release of communications between Scottish Government and Libyan Government "not in public interest"

[I am grateful to Mark Hirst for allowing me to post the following response from the Scottish Government to a Freedom of Information request made by him:]

Our ref: FOI/12101533               
16 November 2012

Dear Mr Hirst 

Thank you for your request under the Freedom of information (Scotland) Act 2002 (FOISA) for information contained within communications between the Scottish Government and the Libyan and US Governments between 1 May 2011 and 16 October 2012 on the subject of the Lockerbie bombing and Abdelbaset Al-Megrahi. 

We do endeavour to provide information whenever possible. However, in this instance an  exemption under section 32(1)(a) of FOISA applies to the information requested. Section 32(l)(a) provides that information is exempt from FOISA if its release would prejudice substantially or would be likely to prejudice substantially relations between the UK and any other state.

As the exemption is conditional we have applied the ‘public interest test’. This means we have, in all the circumstances of this case, considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. While we recognise  that there is some public interest in release because of the high degree of public interest in matters relating to the Lockerbie bombing and Abdelbaset Al-Megrahi, this is outweighed by the public interest in ensuring that communications made in confidence between the Scottish Government and other States will remain private, as failure to do so may make States reluctant to share information with the Scottish or UK Governments in future. 

The information in question concerns communications with the Libyan National Transitional  Council. We hold no records of communications between the Scottish Government and the US Government on matters related to the Lockerbie bombing or Mr Al-Megrahi between the relevant dates. 

Sputnik interview

Sputnik Radio's World in Focus programme today includes an interview with me on the projected application to the Scottish Criminal Cases Review Commission by the Megrahi family. The relevant segment begins 20 minutes 30 seconds into the programme.

Here is a photograph of the interviewer, Mark Hirst, and me taken in the studio.

FBI and CIA rôles in Lockerbie investigation

[On this date in 2014 the Russian news agency RIA Novosti (now Sputnik International) published an article by Mark Hirst headlined FBI Chief Investigator Dismisses CIA Officer’s Claims Over 1988 Plane Bombing Intel. It reads as follows:]

An agent with the Federal Bureau of Investigation (FBI) who led the US probe into the bombing of Pan Am flight 103 over the Scottish town of Lockerbie in 1988 has denied claims made by a Central Intelligence Agency (CIA)’s former officer who told RIA Novosti that FBI investigators did not read vital US intelligence material related to the attack.

Earlier Robert Baer, a retired CIA officer who was based in the Middle East, told RIA Novosti, “I’ve been having exchanges with the FBI investigators and they came right out and said they didn't read the intelligence."

“I just find that extraordinary and then later for them to comment on the intelligence and say it's no good; it’s amazing,” Baer said.

But Richard Marquise, who led the US investigation into the attack, dismissed Baer’s claim.

“Mr. Baer had no role in the investigation and anything he knows or claims to know is either hearsay or speculation,” Marquise told RIA Novosti.

“I find [Baer’s claims] interesting because he has previously said that the CIA did not pass us all the information, something I doubt he would be in a position to know,” Marquise argued.

“I agree that there were a handful of FBI personnel (agents and analysts) who had access to all the intelligence that was passed and it may have been possible that some FBI agents who played a minor role in the case may not have seen it,” he added.

For years controversy has surrounded the case following the 2001 conviction of Abdelbaset Megrahi, a former Libyan intelligence officer. Campaigners, including some relatives of victims of Pan Am 103, believe Megrahi was wrongly convicted and are continuing to call for a public inquiry into the events leading to the bombing.

Baer has previously claimed US intelligence pointed to Iran – not Libya – as the source of the attack that allegedly retaliated for the shooting down of Iran Air Flight 655 by the American warship, USS Vincennes, five months before the attack on Pan Am 103. Baer told RIA Novosti that a convincing case implicating Libya was still to be made.

“Richard Marquise has taken a moral position on the case,” Baer told RIA Novosti. “I can still be convinced the Libyans did it, but I still need to be convinced of that.”

Robert Black, Professor Emeritus of Scots Law at the University of Edinburgh, has spent more than two decades studying the case.

“I'd be absolutely amazed if the FBI didn't consider the intelligence material, if only to reject it as unreliable or unusable as evidence in judicial proceedings,” Black told RIA Novosti.

“Indeed, there's clear evidence that they did make use of it. A key prosecution witness, Majid Giaka, was a CIA asset and was in a Department of Justice witness protection program,” Black added.

“The FBI falls under the Department of Justice. And Giaka was a crucial witness in the Washington DC grand jury hearing that led to the US indictment against Megrahi and Fhimah,” Black said.

Pan Am Flight 103 was flying from Frankfurt to Detroit via London and New York City when it was blown out of the sky over Scotland by a terrorist bomb that killed 270 people, including 11 on the ground. A three-year-long investigation yielded two Libyan suspects who were handed over to the United [Kingdom] (...) in 1999. In 2003, Gaddafi (...) paid compensation, but said he had never given the order for the attack.

Debate continues over causes of Lockerbie, says air accident investigator

[A report by Mark Hirst published this afternoon on the website of the Russian news agency RIA Novosti contains the following:]

It is too early to draw any definitive conclusions over what caused aircrash of Malaysian flight MH17 in Eastern Ukraine, a former air accident investigator told RIA Novosti.

“It is too early to make any definitive conclusions on what caused the crash of this aircraft. There is a lot of apparent evidences, pointing towards a fairly sophisticated ground-to-air-missile. But as with any disaster like this, it’s requires some very close study to finish up with definitive conclusions,” said Tony Cable, who has been an investigator with the UK Air Accidents Investigation Branch for 32 years and worked on the Lockerbie/Pan Am 103 bombing and the Paris Concorde disaster. (...)

Cable also told RIA Novosti he was surprised commercial flights were being permitted to fly directly over the conflict zone and said the responsibility for that had to rest with the Governments.

“I was surprised that aircraft were being allowed to fly over that area,” Cable said. “As far as I can see the responsibility for that would be government to government. So the Malaysian equivalent of the Foreign and Commonwealth Office giving advice to airlines. I don’t think you can expect the airlines themselves to work out that sort of detail on all the territories they cover.”

Cable worked directly on the 1988 bombing of Pan Am Flight 103 over Lockerbie, Scotland, and despite the largest criminal investigation ever conducted in the UK and subsequent conviction of Libyan Abdelbaset al Megrahi, speculation still continues to this day over who was actually behind the attack. Cable told RIA Novosti a similar scenario could be repeated with Flight MH17.

“I could see a possibility of debate continuing over the causes of this disaster going on for years, as it has done with Lockerbie,” Cable said. “That is very much in the security and political field and way outside pure accident investigation which can just say what happened. It’s up to other folks to figure out why it happened.”

Legal responsibility for aircraft accident investigation

[I was interviewed this morning by Mark Hirst for RIA Novosti. Here is his report:]

European investigators, who unexpectedly arrived on the Malaysian aircraft crash site in eastern Ukraine, had “no legal locus” to participate in the investigation without Kiev's invite, Professor Robert Black of the University of Edinburgh, known as the “architect of the Lockerbie trial”, told RIA Novosti on Monday.

“If the nation decides that they don’t have the necessary facilities or investigative infrastructure, then they can call on another state or states to lend them the expertise,” said Black, a globally recognized legal expert, who specialized in examining the judicial issues surrounding the 1988 bombing of Pan Am Flight 103 over Lockerbie.

“Air investigation teams from Europe simply arrived at the scene and are now complaining that they weren’t immediately allowed free access to the site,” the lawyer said.

“It is understandable that they should be annoyed, but they have no legal locus to be there whatsoever unless and until they are invited to participate by the state which has the legal responsibility to investigate,” Black added.

“The law is that the responsibility to investigate is that of the state where the plane came down. But given the circumstances in that part of Ukraine at the moment, it is a difficult question to answer. Who is the state and who is the government of that state?” the expert said.

Black agreed it was important for the site to be secured and called for proper international investigation into the circumstances of the crash.

Malaysia Airlines' Flight MH17 en route from Amsterdam to Kuala Lumpur crashed on July 17 near Donetsk in eastern Ukraine, causing death of 283 passengers and 15 crew members.

Ukrainian government and militia have been trading blame for the alleged downing of the plane, with independence supporters saying they lacked the technology to shoot down a target flying at altitude of 10 kilometers (6.2 miles).

Commenting on the crash, Russian President Vladimir Putin said it was vital to abstain from hasty conclusions on the case before the international investigation was over.

The UN Security Council late on Sunday night completed the text of its resolution regarding the Malaysia Airlines crash. Russia introduced its own draft resolution to the UN Security Council, calling for an impartial investigation into the circumstances of the crash.

Did the FBI liaise with the CIA in the Lockerbie investigation?

[What follows is an article by Mark Hirst published this afternoon on the website of Russian news agency RIA Novosti. It reads as follows:]

An agent with the Federal Bureau of Investigation (FBI) who led the US probe into the bombing of Pan Am flight 103 over the Scottish town of Lockerbie in 1988 has denied claims made by a Central Intelligence Agency (CIA)’s former officer who told RIA Novosti that FBI investigators did not read vital US intelligence material related to the attack.

Earlier Robert Baer, a retired CIA officer who was based in the Middle East, told RIA Novosti, “I’ve been having exchanges with the FBI investigators and they came right out and said they didn't read the intelligence."

“I just find that extraordinary and then later for them to comment on the intelligence and say it's no good; it’s amazing,” Baer said.

But Richard Marquise, who led the US investigation into the attack, dismissed Baer’s claim.

“Mr. Baer had no role in the investigation and anything he knows or claims to know is either hearsay or speculation,” Marquise told RIA Novosti.

“I find [Baer’s claims] interesting because he has previously said that the CIA did not pass us all the information, something I doubt he would be in a position to know,” Marquise argued.

“I agree that there were a handful of FBI personnel (agents and analysts) who had access to all the intelligence that was passed and it may have been possible that some FBI agents who played a minor role in the case may not have seen it,” he added.

For years controversy has surrounded the case following the 2001 conviction of Abdelbaset Megrahi, a former Libyan intelligence officer. Campaigners, including some relatives of victims of Pan Am 103, believe Megrahi was wrongly convicted and are continuing to call for a public inquiry into the events leading to the bombing.

Baer has previously claimed US intelligence pointed to Iran – not Libya – as the source of the attack that allegedly retaliated for the shooting down of Iran Air Flight 655 by the American warship, USS Vincennes, five months before the attack on Pan Am 103. Baer told RIA Novosti that a convincing case implicating Libya was still to be made.

“Richard Marquise has taken a moral position on the case,” Baer told RIA Novosti. “I can still be convinced the Libyans did it, but I still need to be convinced of that.”

Robert Black, Professor Emeritus of Scots Law at the University of Edinburgh, has spent more than two decades studying the case.

“I'd be absolutely amazed if the FBI didn't consider the intelligence material, if only to reject it as unreliable or unusable as evidence in judicial proceedings,” Black told RIA Novosti.

“Indeed, there's clear evidence that they did make use of it. A key prosecution witness, Majid Giaka, was a CIA asset and was in a Department of Justice witness protection program,” Black added.

“The FBI falls under the Department of Justice. And Giaka was a crucial witness in the Washington DC grand jury hearing that led to the US indictment against Megrahi and Fhimah,” Black said.

Pan Am Flight 103 was flying from Frankfurt to Detroit via London and New York City when it was blown out of the sky over Scotland by a terrorist bomb that killed 270 people, including 11 on the ground. A three-year-long investigation yielded two Libyan suspects who were handed over to the United [Kingdom] (...) in 1999. In 2003, Gaddafi (...) paid compensation, but said he had never given the order for the attack.