A commentary on the case of Abdelbaset al-Megrahi, convicted of the murder of 270 people in the Pan Am 103 disaster.
Monday 21 November 2011
Abdullah al-Senussi and Lockerbie
Muammar Gaddafi’s brother-in-law and spymaster general was dramatically captured yesterday, just a day after the dictator’s son Saif was caught, in what were dubbed the “last acts” of a now-extinct regime.
Having both men in custody will boost hopes that they will reveal what they know about the Lockerbie bombing and other atrocities.
The last stand of intelligence chief Abdullah al Senussi came as Libyan rebels insisted they would try Saif rather than transfer him to International Criminal Court (ICC) in the Hague. Unlike the ICC, it is expected a Libyan court would have the power to impose the death penalty, and officials in the interim government yesterday indicated that was the punishment they would seek.
It is likely the rebels will also push for the death penalty for al Senussi, long known as Gaddafi’s brutal right-hand man and a hate figure for many in the country. (...)
A decade ago he was convicted in his absence in France of the 1989 bombing of a UTA passenger plane over Niger which killed 170 people. As a former head of the country’s intelligence services he is likely to face pressure to reveal what he knows about the 1988 Lockerbie bombing, in which 270 people in died the worst terrorist atrocity over UK soil.
[A similar report in The Scotsman can be read here. The following appears in a post of 17 May 2011 on this blog:]
In the 1980s, he headed Libya's external security organisation, in which capacity he was said to have recruited Abdelbaset al-Megrahi, the man convicted of the 1988 Lockerbie bombing, in which 270 people were killed. Like Megrahi, Senussi is a member of the powerful Megarha tribe. He is also a cousin of Abdel-Salam Jalloud, one of Gaddafi's oldest comrades.
Tuesday 28 July 2015
Obeidi & Zwai acquitted, Dorda sentenced to death
- Former prime minister Al-Baghdadi Al-Mahmoudi;
- Abuzeid Dourda; former General Secretary of the General People’s Committee (effectively prime minister) then Qaddafi’s external intelligence chief;
- Mansur Dhou, head of Qaddafi’s Tripoli internal security agency;
- Milad Daman head of internal security;
- Abdulhamid Ohida, an assistant to Senussi;
- Awidat Ghandoor Noubi, responsible for Qaddafi’s Revolutionary Committees in Tripoli;
- Mundar Mukhtar Ghanaimi
Thursday 27 October 2011
Gaddafi's son Saif offers to 'hand himself in' to International Criminal Court
Friday 20 September 2013
Gaddafi-era Lockerbie officials go on trial in Tripoli
The Tripoli hearing was largely concerned with the formalities of establishing charges and identities. Along with Senussi who looked thin and gaunt, appearing to confirm his doctor’s claim that he has prostate cancer, the 36 accused appearing today included Qaddafi’s External Security Agency head Abu Zaid Omar Dorda, former Foreign Minister Abdul Ati al-Obeidi, the General People’s Conference head Mohamed al-Zway, former Prime Minister Al-Baghdadi al-Mahmoudi, and Tripoli Internal Security Agency head Mansour Dhou.
Unlike Senussi, Dorda, Obeidi and Zway have already made court appearances in Tripoli. Dorda’s case was adjourned on several occasions while Obeidi and Zway, who were arrested in July 2011, were found not guilty in June on charges of maladministration while in office and wasting public funds. (...)
At the end of two hours today, during which the defendants confirmed their names and the charges against them were read out, the pre-trial hearing was adjourned until 3 October. By then, the judge and his deputy ordered, defence lawyers must have reviewed their clients’ files and prepared their defences.
The proceedings were watched by a handful of foreign press reporters alongside local print and media journalists. Outside the court, there was a small protest by families of Busleem prison massacre victims, many with placards demanding that Senussi and others be hanged. Security was high both inside and outside the courtroom, with local shops being asked to close up.
[Messrs Dorda, Obeidi and Zway were all heavily involved in the resolution of the Lockerbie impasse. I had many meetings with all of them and always found them open, trustworthy and honest in their dealings with me.]
Monday 9 May 2016
'Realistic possibility' of second Lockerbie bombing trial
Friday 25 November 2011
Lockerbie raised in the House of Lords
Asked By Lord Selkirk of Douglas:
- To ask Her Majesty's Government whether they
will continue to make representations to the National Transitional
Council of Libya to make available any evidence in their possession
concerning the attack on Pan Am flight 103 over Lockerbie in 1988 to the
Lord Advocate and the Scottish police to assist their investigation.
Lord Selkirk of Douglas: While I welcome the Minister's statement, does he believe that the recent capture of Colonel Gaddafi's intelligence chief, Abdullah al-Senussi, and of the intelligence archives in Tripoli, may finally provide the vital information that would assist the Lord Advocate with his ongoing inquiries? I ask this question as one of the two former Ministers who were at the crime scene within a few hours and who met some of the relatives shortly afterwards. In order to bring closure to the families of 270 victims, is it not highly desirable that they should learn from any new evidence exactly what happened 23 years ago, and precisely what the background was to this monstrous crime?
Lord Howell of Guildford: Yes, it is desirable and yes, indeed, it was the most monstrous crime. We are seeking confirmation from the Libyan Government regarding the reported detention of Abdullah al-Senussi. We have been clear that no effort should be spared in bringing him to justice. Al-Senussi's arrest, if confirmed, would offer an opportunity to uncover the truth behind some of the former regime's dreadful crimes. As I just said, the Government will continue to support the Dumfries and Galloway Constabulary's investigation into the bombing. We would want any new evidence to be made available to it and indeed to the Lord Advocate. I am confident that the new Libyan Government will act in accordance with Chairman Jalil's commitment to co-operate with the UK on this and other investigations, and bring closure to the concerns and misery of the families of the victims.
Lord Steel of Aikwood: My Lords, would my noble friend agree that it would also shed light on this matter if the report of the Scottish Criminal Cases Review Commission were published in full, so far as is possible?
Lord Howell of Guildford: Of course, there has been the report of Sir Gus O'Donnell. It has been placed in the Library and it was fully discussed when it was produced some weeks ago. Further light needs to be shed on this and I am confident that, with the full assistance of the new Libyan Government, we will get the papers and the evidence to show exactly what was said and by whom.
Lord Empey: My Lords, can the Minister tell us that in addition to pursuing the issue of Lockerbie, the Government will rigorously and vigorously pursue the issue of compensation for all UK victims who were damaged by weapons supplied to the IRA by the Gaddafi regime and that the Government themselves will lead those negotiations rather than leaving them to third parties?
Lord Howell of Guildford: At present we are looking at all possible options with the Libyan Government to get a resolution on the legacy issues, including this one, which is certainly a very high priority. It is very early days for the new Libyan Government as they have only just been appointed, but we want to see a broad proposal for embracing questions of compensation, reconciliation and, indeed, investment in Northern Ireland. We are trying to develop a broad approach with, and led by, the Libyan Government.
Lord Elystan-Morgan: My Lords, does the Minister agree that it is utterly natural and inevitable that parliaments the world over should seek to have as much light as possible cast upon the perpetrators of the Lockerbie bombing? However, technically speaking, a request should be made formally by the Scottish Parliament themselves-bearing in mind, of course, the transfer of jurisdiction in relation to that. As for this Parliament, could the same principle not also apply to casting light upon those who were responsible for the murder of WPC Yvonne Fletcher?
Lord Howell of Guildford: On the second point about WPC Yvonne Fletcher, that is most certainly so. We are in touch with the Metropolitan Police about reopening their investigations into the perpetrators of that hideous crime. On the former question, the decision was made by the devolved Scottish Government and it is a matter for them to pursue. We have indicated that the Government in London will give full assistance to the devolved Government in pursuing their inquiries.
Lord Stoddart of Swindon: My Lords, can the noble Lord inform us about the state of health of Mr Al Megrahi, who was released by the Scottish authorities on the grounds that he had only six months to live?
Lord Howell of Guildford: We have passed a request from the devolved Administration to the Libyan chargé d'affaires in London asking that the supervision arrangements of Al Megrahi's licence are observed. Part of the investigation by the Dumfries and Galloway police will also embrace the question of his condition, but we are awaiting the precise details of his health from the Libyan Government now.
Lord Selkirk of Douglas: Does the Minister accept that the Lord Advocate has put in a formal request to the National Transitional Council and that a statement has been issued by the Crown Office to the effect that the trial court of Mr Al Megrahi accepted that he did not act alone?
Lord Howell of Guildford: I am not sure that I can comment on my noble friend's second point, but it is certainly correct that the Lord Advocate has put in a formal request, and indeed has made that absolutely clear to my right honourable friend the Foreign Secretary. We are collaborating closely on this.
Saturday 22 June 2013
Libya's judges confront the past
Tuesday 20 March 2012
US "interested" in what Senussi has to say about Lockerbie
Friday 1 March 2013
Libya minister says Lockerbie case is 'closed'
The new Libyan government has said that in its eyes the Lockerbie affair is a closed case and that now is not the time to dwell on the "past".
"The matter was settled with the Gaddafi regime. I am trying to work on the current situation rather than dig into the past," said Salah al-Marghani, the justice minister.
Hameda al-Magery, his deputy, said: "Britain and America are asking us to reopen this file. But this is something of the past. This is over. We want to move forward to build a new future and not to look back at Gaddafi's black history. This case was closed and both UK and US governments agreed to this. They had their compensation."
The development comes as British police conduct inquiries in Libya for the first time in an attempt to restart the investigation into the 1988 bombing that brought down Pan Am flight 103 over Scotland, killing 270 people.
David Cameron said last month he was "delighted" that detectives from Dumfries and Galloway Constabulary were going to the Libyan capital. The American government has also shown renewed interest in the case. Senior officials in the Libyan government have told The Daily Telegraph that they had been receiving regular visits from US diplomats.
One official said that the diplomats had sought permission to restart the Lockerbie investigation "from scratch". But these ambitions are likely to be frustrated by the lack of desire on the part of the Libyan authorities to reopen old wounds.
In 2003 the Libyan government paid $2.16 billion (£1.43 billion) in compensation to the families of the Lockerbie victims [RB: Most other sources give the figure as $2.7 billion], and Ahmed Own, Libya's then ambassador to the United Nations, submitted a letter to the Security Council formally accepting "responsibility for the actions of its officials" over the Lockerbie bombing.
The settlement came as part of an exchange for the removal of UN sanctions.
Today, the Libyan government is reticent about the reopening of the case, a position that comes from a fear that Britain and the US will use any new investigation as a way to demand further financial compensation, though officials admit this issue has not yet been broached.
A well-placed Libyan official said: "The Americans want to sue our government directly over Lockerbie. But this case has been closed and Americans had their compensation on that. We know they want more money from Libya and that is why we are being very careful."
Only one person has been convicted for the Lockerbie bombing. In 2001, Abdelbaset al-Megrahi was jailed for the attack. In August 2009, the Scottish government released him on compassionate grounds after he was diagnosed with prostate cancer.
Al-Megrahi proclaimed that he was innocent up to his death in May 2012.
Although Gaddafi accepted responsibility for the actions of his officials, he claimed he was not guilty of ordering the attack.
The man who may hold further answers to Lockerbie is Abdullah Senussi, a former Libyan intelligence chief now in a Tripoli jail.
Britain and America, as part of separate inquiries, are both likely to want access to the man often called the "black box" of Libya's dictatorship.
When asked if Lockerbie investigators would be given access to Mr Senussi, Mr Marghani said that Libya and Britain had a "good relationship", but that "it is all legal issues, when it comes to investigations and police and courts you don't just walk in and start investigating things".
Other government officials have privately said that there was "no way" they would be allowed to speak directly to Mr Senussi. They added that it was a matter of "national pride" and showing Libya's prowess as a sovereign state that they should not bow quickly to foreign demands.
Mr Marghani said: "Facts are important, so if there are any facts that someone wants to tell us about we will listen."
Mr Magery, added: "If they want to reopen the case, they have to agree to do it properly. For example, they have to promise not to ask for more compensation."
Libya's government also faces pressure from its own people not to reopen the case. The payment of such a huge settlement at a time when many believed there was not conclusive evidence that Libya was responsible for the terrorist attack caused a public outpouring of anger.
The transfer of the financial settlement is one of the charges listed against at least two former regime officials who are now in jail accused of "wasting public funds".
"Even if the government did want to open it they would face opposition from the local people. There would be protests in the streets," said one official in the Libyan Supreme Court.
[A shorter report in The Independent can be read here and one from the Daily Mail here.]
Friday 18 December 2020
“Is this an American attempt to influence the judges?"
[What follows is excerpted from an article by Tom Peterkin in today's edition of The Press and Journal:]
The FBI agent who led the original Lockerbie investigation has revealed the atrocity’s latest suspect was on his “radar” 30 years ago but there was a struggle to prove the case against him.
Richard Marquise said it was strongly suspected Abu Agila Mohammad Masud was the “technician” responsible for the bomb that killed 270 people in the worst terrorist outrage committed on UK territory.
Mr Marquise was reacting to reports suggesting that US prosecutors will seek the extradition of Mr Masud and he will be charged in a matter of days, to stand trial in America.
As the man who led the US side of the inquiry into the bombing, Mr Marquise welcomed reports that Mr Masud could face justice, claiming any progress would be appreciated by the families who lost loved ones on Pan Am Flight 103.
“If there is going to be another trial, I’m sure the families will be… I’m not going to use the word thrilled…. because it doesn’t bring a loved one back. But I am sure they will be grateful,” Mr Marquise said. (...)
“He’s been on my radar for around 30 years,” Mr Marquise said. “He was someone we were very interested in, but we never quite found out who he was. The Libyans disavowed any knowledge of him. We knew he existed but he was never really identified.
“Back in 1991, we knew his name. We knew what he looked like and we knew what he allegedly was responsible for. He was the technician.”
The retired FBI agent added: “In my mind I always felt he was connected to it somehow But we didn’t have the clues to prove it.”
Kenny MacAskill, the former Justice Secretary who controversially released Megrahi on compassionate grounds, agreed.
“He was the one with the skills. He was on the original indictment, I’m led to believe. So he was always a wanted man,” Mr MacAskill said. “The idea that Megrahi did this on his own was absurd.”
Reports from the other side of the Atlantic suggest Mr Masud had been in custody in Libya on unrelated charges but his current whereabouts are unknown.
Since Mr Marquise’s official involvement in the investigation, there have been some developments. At the forefront of these have been the work of Ken Dornstein, a journalist whose brother David was on the London to New York flight.
In 2015 Mr Dornstein produced a investigative documentary, Lockerbie: My Brother’s Bomber, which linked Mr Masud to the bombing of Berlin’s La Belle nightclub in 1986.
Mr Dornstein interviewed a Libyan intelligence officer who said Mr Masud was involved in the bombing before the unification of Germany, which killed two US servicemen.
The same source alleged Mr Masud, by then in jail in Tripoli, was involved in the Lockerbie bombing and said he was still alive.
Mr Dornstein also claimed Mr Masud met Megrahi after the latter was freed from a Scottish jail in 2009 and given a hero’s welcome when he landed back in Libya. (...)
Mr MacAskill has already made it plain that he believes that people other than Megrahi should be held to account for the bombing.
“Question arise as to why, if they are going for Masud, aren’t they going for Senussi?” asked the former Justice Secretary.
Mr MacAskill was referring to Abdullah Al Senussi, the late Libyan dictator Colonel Gaddafi’s brother-in-law and former spy chief who has long been associated with the crime. (...)
“I heard over recent years the view of the Libyans was they don’t like Senussi and they don’t like Masud, but giving them up to the Americans is a step too far,” Mr MacAskill said.
“I think this is probably the juncture for Britain and America to be a bit more open in information they do have and produce it, as opposed to hiding it.”
What can be read into the timing of Masud’s extradition?
That is an interesting question, according to Professor Robert Black, an the Edinburgh University legal academic who has been a keen student of the Lockerbie case.
Professor Black is regarded as the architect of the Scottish court that was set up in Camp Zeist, Netherlands, to try Megrahi and his co-accused, Al Amin Khalifa Fhimah, who was found not guilty.
“I wonder…. why now?” asked Professor Black. “Masud’s name has featured in the Lockerbie case since the very beginning, when charges were brought against Megrahi and Fhimah in 1991.”
“I think the answer to that is William Barr, the US Attorney General, is wanting to go out with a bang.”
This week it was announced that Mr Barr, who has been one of Donald Trump’s staunchest allies, is to step down as head of the US’s Justice Department.
Professor Black pointed out that Mr Barr was actually acting Attorney General way back in 1991 and was the one to announce that Megrahi and Fhimah were being charged.
“Now that he’s about to leave the scene, I think he wants to go out and his name to be remembered: Lockerbie at the beginning and Lockerbie at the end,” Professor Black said. (...)
Professor Black, who has long argued that Megrahi should not have been convicted on the evidence brought before Camp Zeist, suggested cynics might view attempts to extradite Musad as an attempt to make an impact on the appeal process.
“The other possibility is that it is a blatant attempt to influence the Scottish judges because they have got the latest Megrahi appeal before them and we await their judgement,” Professor Black said.
The argument would be that the existence of another high-profile Libyan suspect, alongside Megrahi, would back up the case for Libyan involvement in the crime.
“Is this an American attempt to influence the judges to uphold the Megrahi conviction? That’s a very, very cynical view.”
But cynicism was how the development was greeted by Megrahi family’s lawyer, Aamer Anwar.
“It’s difficult not to be cynical about the motivation of the Americans, that on the eve of the anniversary of the Lockerbie bombing as well as the appeal decision, the US now wish to indict an individual, 32 years after the bombing, what exactly have they been doing up until now?” said Mr Anwar
“Why would the Attorney General William Barr wait until just as he is about to step down from the Justice Department, considering that he was involved with this case since 1991.”
Tuesday 30 August 2011
Lockerbie bomber Abdelbaset Ali al-Megrahi maintains innocence
Abdelbaset Ali al-Megrahi, the only man convicted over the Lockerbie bombing, maintained his innocence as recently as three years ago, according to a letter seen in Libya's intelligence headquarters.
In a private letter from Megrahi, he told Abdullah al-Senussi, a close Col Muammar Gaddafi aide: "I am an innocent man".
The letter, seen by The Wall Street Journal, was apparently written in late 2007 or early 2008, while he was serving a life sentence in Scotland.
He blamed his conviction on "fraudulent information that was relayed to investigators by Libyan collaborators", as well as "the immoral British and American investigators".
He also criticises a Maltese clothes merchant who told his trial that he purchased clothes from him that were found in the suitcase that contained the bomb that brought down PanAm Flight 103. He also asks Mr Senussi to send regards to "our big brother", Col Gaddafi.
[A report published this afternoon on the Newsnet Scotland website contains the following:]
A letter discovered in the offices of Libya’s former Intelligence Chief Abdullah al-Senussi appears to cast more doubt on claims that Abdelbaset al-Megrahi was involved in the Lockerbie atrocity.
In the letter, written by the Libyan when he was still in Greenock prison, Megrahi insists he is innocent of the crime and blames his conviction on “fraudulent information”. (...)
If authentic then the letter will undermine the current claims from many Scottish media commentators who, since the discovery of Megrahi dying in his family home, are insisting that the Libyan knew more about Lockerbie.
It also calls into question the role of Libya itself in the atrocity given that the letter was addressed to the head of Gaddafi’s Intelligence Services who, had the state been involved in the downing of Pan Am 103, would have certainly been in a position to know that Megrahi was innocent or not.