Thurman and the circuit board fragment

[On this date in 1991, Tom Thurman of the FBI appeared on television claiming to have been the person who identified the fragment of circuit board that linked Libya to the bombing of Pan Am 103. What follows is excerpted from Gareth Peirce’s article The framing of al-Megrahi:]

The key features needed to prosecute al-Megrahi successfully were the scientific identification of the circuit-board fragment, which would in turn establish its origin, and the identification of the purchaser of the clothes in Malta. The timers, the indictment stated, were made by a firm in Switzerland; their circuit board matched the fragment retrieved from Lockerbie, and they sold the timers exclusively to Libya. Everything, essentially, hinged on those links.

Who found the fragment? And who understood its relevance? Thomas Hayes of the Royal Armament Research and Development Establishment (RARDE) claimed the find (with his colleague Alan Feraday) and Thomas Thurman of the FBI claimed the analytical victory. All were swiftly hailed (or hailed themselves) as heroes. Thurman appeared on television on 15 November 1991, the day after indictments were issued against the two Libyans, boasting that he had identified the piece of circuit board as part of a timing device that might have been sold to Libyan Airlines staff. ‘I made the identification and I knew at that point what it meant. And because, if you will, I am an investigator as well as a forensic examiner, I knew where that would go. At that point we had no conclusive proof of the type of timing mechanism that was used in the bombing of 103. When that identification was made of the timer I knew that we had it.’ This was the claim – the hard evidence – that linked Libyans to the crime. If the claim was false the bereaved Lockerbie families have been deceived for 20 years.

On 13 September 1995 the FBI’s forensic department was the subject of a programme broadcast in the US by ABC. At its centre was a memorandum from the former head of explosive science at the FBI, Dr Frederic Whitehurst. It was a devastating indictment of a former colleague. The colleague was Thomas Thurman and the accusations related to his investigation of a terrorist attack in which a judge was killed by pipe bombs. Two years later, as a result of a review by the US inspector general, Michael Bromwich, into a large number of criminal investigations, Thomas Thurman was barred from FBI labs and from being called as an expert witness. Bromwich had discovered that he had no formal scientific qualifications and that, according to a former colleague, he had been ‘circumventing procedures and protocols, testifying to areas of expertise that he had no qualifications in ... therefore fabricating evidence’.

[Also on this date in 1991, Libya delivered to the United Nations Security Council a letter “categorically denying that Libya had any association” with the Lockerbie bombing.]

FBI Lockerbie explosives expert comments on Boston bombing

[What follows is an excerpt from a report headlined FBI combs Boston crime scene for clues published this evening on the website of The Financial Times:]

Tom Thurman, a former FBI explosives specialist who was involved in the investigations of the bombing of the Pan Am flight over Lockerbie and the 1993 World Trade Center bombing, said the fact that the bombs produced white smoke indicated they were probably an improvised device. While military explosives such as C4 cause big plumes of black smoke, he said, white smoke was usually the result of a device that contained gunpowder or a commercial rock-blasting explosive such as dynamite.

Mr Thurman, now at eastern Kentucky University, said an improvised device would need to be packed into some form of container such as a pipe, which could explain the reports of extensive shrapnel wounds among some of the victims.

While the FBI, which is leading the investigation, said it was pursuing a number of leads, former security officers warned that such cases can sometimes take a long time to resolve.

[It was Tom Thurman who purportedly identified the crucial Lockerbie circuit board fragment as coming from a MEBO MST-13 timer. Posts on this blog in which he is mentioned can be accessed here.]

Thurman: forensics ensuring that right people, not wrong people, are charged

[The following are excerpts from an article headlined FBI unit zeroing in on design of devices published today on the website of The Boston Globe:]

FBI bomb technicians poring over hundreds of scraps of metal, nails, wires, and other debris — some surgically removed from bomb victims’ flesh — were closing in Thursday on the design of the explosive devices used in the Boston Marathon attacks, according to officials and forensics experts.

In an effort to trace the source of the components, the Explosives Unit at the agency’s state-of-the-art crime laboratory in Quantico, Va, outside of Washington, was comparing the materials collected from sidewalks, rooftops, gutters, overhangs, and even the soles of victims’ shoes against lab reports generated from thousands of previous blasts around the world, looking for a “bomber signature.” (...)

The methodical work at Quantico is seen as critical in helping investigators identify the perpetrators and secure a conviction in the worst terrorist attack on US soil since Sept 11, 2001.

“Most bombing investigations like this are forensically driven,” said former supervisory special agent James T Thurman, who served as chief of the Explosives Unit in the FBI Laboratory’s Bomb Data Center. “Whatever is found that ultimately goes to the laboratory is what drives the investigation and connects a possible subject with the components.” (...)

[T]hose familiar with the inquiry and the FBI’s lab said the Explosives Unit is relying on specialized tools to conduct what amounts to an autopsy on the pair of so-called IEDs — improvised explosive devices — that were apparently detonated by battery-powered timers near the Copley Square finish line.

One is a database known as the Explosive Reference Tool, a searchable computer archive containing investigation reports from bombings dating back decades, along with so-called underground bomb-making handbooks and manufacturing data for key bomb-making components and explosives. (...)

Potential evidence that was identified, bagged, and tagged — including by agents who spread out to hospitals to secure bomb material and residue removed from wounds — began arriving in the Quantico lab even before the bombing sites were fully swept for evidence.

“It is a two-way street,” said Thurman, who investigated the bombings of the US Marine Corps barracks in Lebanon in 1983, Pan Am Flight 103 in 1988, and World Trade Center in 1993. He explained that as the lab uncovers clues and materials it may send orders back to the bombing scene to look for specific things.

“They will continue that as long as it takes,” he added. “It can take less than a day. It can take a week. It can take two weeks.”

Thurman, who teaches at Eastern Kentucky University, also cautioned that it could take longer, citing the bombing of a judge in Alabama in 1988, when the forensics analysis took two years.

“This is not an overnight thing,” he said. “The issue at the end of the day is to find the guilty party who is responsible for constructing and setting off these devices,” he said. “You are ensuring that the right people and not the wrong people are being charged.”

[Tom Thurman’s part in identifying the dodgy timer circuit board fragment in the Lockerbie investigation is dealt with here and here.]

What the SCCRC should have asked the FBI

[This is the heading over an item posted today by John Ashton on his Megrahi: You are my Jury website.  It reads as follows:]

On 18 March Scotland on Sunday ran an article headlined Megrahi probe ‘failed to speak to FBI agents’, which reported criticisms of the SCCRC by FBI officers Oliver ‘Buck’ Revell and Richard Marquise. [RB: See here and here.]

It states:  Oliver “Buck” Revell, the former associate deputy director of investigations for the Federal Bureau of Investigations, has reacted angrily to the examination into the case by the Scottish Criminal Cases Review Commission (SCCRC). In an e-mail seen by Scotland on Sunday, Revell expressed frustration that no-one from the FBI was consulted by the SCCRC when it compiled its report into the safety of Megrahi’s conviction … In his e-mail to government and legal officials in Scotland and the US, Revell complained that the SCCRC failed to interview members of the FBI for its Statement of Reasons. The e-mail pointed out that the original Lockerbie investigation was carried out by Scottish police, Scotland Yard, the German BKA and the FBI. Revell added: “I don’t know what the SCCRC expects to determine when it is not even interviewing the actual investigators involved in solving this terrible crime.”

Marquise said:  “I don’t know if you can say you have done a comprehensive report unless you speak to key people. To me it is an incomplete report whatever they are going to publish. They never did speak to the people who might be able to shed some light on whatever it is that they were looking to find out. If you are going to say you have done a complete investigation, you should talk to everybody who was key, and I like to think people in the FBI were key. I like to think some people in the CIA were key and they could and should have been interviewed.”

While neither man shed any light on what the FBI investigators could have told the commission, we might infer from their comments that the Bureau held further evidence of Abdelbaset’s guilt. Of course, it almost certainly didn’t, because any such evidence would have been handed to the Crown.

That said, I share Revell’s and Marquise’s disappointment that the SCCRC failed to interview anyone from the FBI, as many important questions remain unanswered. For example:

1. What did FBI agent John Hosinski discuss with Tony Gauci when he met him alone on 2 October 1989?

2. What did Senegalese official Jean Collin reveal when interviewed in the US in December 1990?

3. Was the content of Collin’s interview revealed to the Scottish police? And, if not, why not?

4. Why did the FBI’s Tom Thurman ‘front’ for the CIA in relation to the identification of the timer fragment?

5. According to FBI agent Hal Hendershott, Thurman had a laboratory in Lockerbie within days of the bombing. What forensic work did he undertake and was that work shared with the Scottish investigators?

6.When, in June 1990, Thurman demonstrated to the Scottish police that PT/35b matched the control sample MST-13 timer, why did he not reveal that he was already aware that the timers were made by Mebo?

7. Why was Hendershot aware of the contents of the Toshiba manual fragment PK/689 before it was examined for the Scottish police at RARDE?

8. Why was the FBI able to investigate debris item PI/1389 (a blue T-shirt, which, according to the FBI’s Bonn legal attache David Keyes, showed blast damage and the imprint of the grills of two radio speakers) before RARDE?

9. What information did Hendershot, Thurman and Bob Howen uncover in relation to the crystals used in the MST-13 timers? In particular, were they able to establish the date of manufacture of the crystal used in the control sample timer K-1, which was recovered from Togo and which Thurman used for comparative purposes with the fragment PT/35b?

10. Regarding the episode at Frankfurt airport, witnessed by FBI agent Lawrence Whittaker and DI Watson McAteer, in which a baggage handler apparently entered a bag into the automated transit system without recording the transaction, why was Whittaker’s trial testimony at odds with McAteer’s statement S3743A?

11. How many FBI FD302 reports by Lockerbie field agents were handed to the Crown? (Only a handful were provided to the defence.)

12. The US Department of Justice has stated that only three reports were produced in relation to the FBI’s inquiries in Malta. Given the centrality of Malta to the case, why were there so few?

Perhaps Mr Revell and Mr Marquise can answer these questions.

The article is also notable for the following quote by Marquise:  “On the issue of witnesses being paid, no witness [was paid] to my knowledge. What some police officer or FBI agent might have told somebody in the corner in a dark room in the middle night that I don’t know about, I can’t vouch for that. But everybody that worked for me were under orders that they were not allowed to tell people that they could get money for this case. So, as far as I know, nobody was promised or paid money to testify.”

The SCCRC report states, at paragraph 23.19:  Enquiries with D&G [Dumfries and Galloway Police] have established that, some time after the conclusion of the applicant’s appeal against conviction, Anthony and Paul Gauci were each paid sums of money under the “Rewards for Justice” programme administered by the US Department of State. Under that programme the US Secretary of State was initially authorised to offer rewards of up to $5m for information leading to the arrest or conviction of persons involved in acts of terrorism against US persons or property worldwide. The upper limit on such payments was increased by legislation passed in the US in 2001.

According to DCI Harry Bell’s diary, on 28 September 1989, FBI agent Chris Murray told Bell that he (Murray): ‘had the authority to arrange unlimited money for Tony Gauci and relocation is available. Murray states that he could arrange $10,000 immediately.’  Murray would not have said these things unless he believed that the offer might have been put to Gauci, yet, according to Marquise, “everybody that worked for me were under orders that they were not allowed to tell people that they could get money for this case.” So, was Murray acting against Marquise’s orders? And, if so will he be held to account? Again, maybe Marquise and Revell can enlighten us.


[The commentary on this issue in Scottish lawyers' magazine The Firm can be read here.]

Lockerbie questions for the FBI

What follows is an article originally posted on this blog on this date in 2012.

What the SCCRC should have asked the FBI

[This is the heading over an item posted today by John Ashton on his Megrahi: You are my Jury website.  It reads as follows:]

On 18 March Scotland on Sunday ran an article headlined Megrahi probe ‘failed to speak to FBI agents’, which reported criticisms of the SCCRC by FBI officers Oliver ‘Buck’ Revell and Richard Marquise. [RB: See here and here.]

It states:  Oliver “Buck” Revell, the former associate deputy director of investigations for the Federal Bureau of Investigations, has reacted angrily to the examination into the case by the Scottish Criminal Cases Review Commission (SCCRC). In an e-mail seen by Scotland on Sunday, Revell expressed frustration that no-one from the FBI was consulted by the SCCRC when it compiled its report into the safety of Megrahi’s conviction … In his e-mail to government and legal officials in Scotland and the US, Revell complained that the SCCRC failed to interview members of the FBI for its Statement of Reasons. The e-mail pointed out that the original Lockerbie investigation was carried out by Scottish police, Scotland Yard, the German BKA and the FBI. Revell added: “I don’t know what the SCCRC expects to determine when it is not even interviewing the actual investigators involved in solving this terrible crime.”

Marquise said:  “I don’t know if you can say you have done a comprehensive report unless you speak to key people. To me it is an incomplete report whatever they are going to publish. They never did speak to the people who might be able to shed some light on whatever it is that they were looking to find out. If you are going to say you have done a complete investigation, you should talk to everybody who was key, and I like to think people in the FBI were key. I like to think some people in the CIA were key and they could and should have been interviewed.”

While neither man shed any light on what the FBI investigators could have told the commission, we might infer from their comments that the Bureau held further evidence of Abdelbaset’s guilt. Of course, it almost certainly didn’t, because any such evidence would have been handed to the Crown.

That said, I share Revell’s and Marquise’s disappointment that the SCCRC failed to interview anyone from the FBI, as many important questions remain unanswered. For example:

1. What did FBI agent John Hosinski discuss with Tony Gauci when he met him alone on 2 October 1989?

2. What did Senegalese official Jean Collin reveal when interviewed in the US in December 1990?

3. Was the content of Collin’s interview revealed to the Scottish police? And, if not, why not?

4. Why did the FBI’s Tom Thurman ‘front’ for the CIA in relation to the identification of the timer fragment?

5. According to FBI agent Hal Hendershot, Thurman had a laboratory in Lockerbie within days of the bombing. What forensic work did he undertake and was that work shared with the Scottish investigators?

6.When, in June 1990, Thurman demonstrated to the Scottish police that PT/35b matched the control sample MST-13 timer, why did he not reveal that he was already aware that the timers were made by Mebo?

7. Why was Hendershot aware of the contents of the Toshiba manual fragment PK/689 before it was examined for the Scottish police at RARDE?

8. Why was the FBI able to investigate debris item PI/1389 (a blue T-shirt, which, according to the FBI’s Bonn legal attache David Keyes, showed blast damage and the imprint of the grills of two radio speakers) before RARDE?

9. What information did Hendershot, Thurman and Bob Howen uncover in relation to the crystals used in the MST-13 timers? In particular, were they able to establish the date of manufacture of the crystal used in the control sample timer K-1, which was recovered from Togo and which Thurman used for comparative purposes with the fragment PT/35b?

10. Regarding the episode at Frankfurt airport, witnessed by FBI agent Lawrence Whittaker and DI Watson McAteer, in which a baggage handler apparently entered a bag into the automated transit system without recording the transaction, why was Whittaker’s trial testimony at odds with McAteer’s statement S3743A?

11. How many FBI FD302 reports by Lockerbie field agents were handed to the Crown? (Only a handful were provided to the defence.)

12. The US Department of Justice has stated that only three reports were produced in relation to the FBI’s inquiries in Malta. Given the centrality of Malta to the case, why were there so few?

Perhaps Mr Revell and Mr Marquise can answer these questions.

The article is also notable for the following quote by Marquise:  “On the issue of witnesses being paid, no witness [was paid] to my knowledge. What some police officer or FBI agent might have told somebody in the corner in a dark room in the middle night that I don’t know about, I can’t vouch for that. But everybody that worked for me were under orders that they were not allowed to tell people that they could get money for this case. So, as far as I know, nobody was promised or paid money to testify.”

The SCCRC report states, at paragraph 23.19:  Enquiries with D&G [Dumfries and Galloway Police] have established that, some time after the conclusion of the applicant’s appeal against conviction, Anthony and Paul Gauci were each paid sums of money under the “Rewards for Justice” programme administered by the US Department of State. Under that programme the US Secretary of State was initially authorised to offer rewards of up to $5m for information leading to the arrest or conviction of persons involved in acts of terrorism against US persons or property worldwide. The upper limit on such payments was increased by legislation passed in the US in 2001.

According to DCI Harry Bell’s diary, on 28 September 1989, FBI agent Chris Murray told Bell that he (Murray): ‘had the authority to arrange unlimited money for Tony Gauci and relocation is available. Murray states that he could arrange $10,000 immediately.’  Murray would not have said these things unless he believed that the offer might have been put to Gauci, yet, according to Marquise, “everybody that worked for me were under orders that they were not allowed to tell people that they could get money for this case.” So, was Murray acting against Marquise’s orders? And, if so will he be held to account? Again, maybe Marquise and Revell can enlighten us.

Dramatic shortcomings and errors

[What follows is the text of a press release issued by Professor Hans Köchler on this date in 2005:]

Vienna, 14 October 2005/P/RE/19402c-is

The Austrian professor who was appointed by the United Nations as international observer at the Lockerbie trial in the Netherlands today commented on reports in the Scottish and British media about new doubts on the handling of the case by the judicial authorities.

Dr Hans Koechler said that the dramatic shortcomings and errors in the conduct of the trial that have been brought to the attention of the Scottish Criminal Cases Review Commission (SCCRC) confirm his earlier assessment that the Lockerbie trial resulted in a “spectacular miscarriage of justice.” (BBC News, 14 March 2002) Dr Koechler pointed to the following information that transpired in the media and that puts in doubt the very integrity of the judicial process in the Lockerbie case:

1.          The credibility of a key forensic expert in the trial, Mr Allen Feraday (UK), has been shattered. It was revealed that “in three separate cases men against whom Mr Feraday gave evidence have now had their convictions overturned” (BBC, 19 August 2005). Mr Feraday had told the Lockerbie court that a circuit board fragment found after the disaster was part of the detonator used in the bomb on board Pan Am flight 103. In the first case where Mr Feraday’s credibility had been questioned the Lord Chief Justice had stated that Mr Feraday should not be allowed to present himself an expert in electronics.

2.          A retired Scottish police officer has signed a statement confirming that the evidence that found Al-Megrahi guilty was fabricated. The police chief, whose identity has not yet been revealed, testified “that the CIA planted the tiny fragment of circuit board crucial in convicting a Libyan” for the bombing of the Pan Am jet (Scotland on Sunday, 28 August 2005). The fragment was supposedly part of the timing device that triggered the bomb. The circumstances of its discovery – in a wooded area many miles from Lockerbie months after the atrocity – have been mysterious from the very beginning.

3.          Much earlier, a forensic specialist of the American FBI, Tom Thurman, who was publicly credited with figuring out the fragment’s evidentiary importance, was later discredited as a forensic expert. A 1997 report by the US Justice Department’s Office of the Inspector General found “that in a number of cases other than Lockerbie, Thurman rewrote lab reports, making them more favorable to the prosecution. The report also recommended Thurman be reassigned to a non-scientific job because he lacked a background in science.” (American RadioWorks / Public Radio, March 2000)

4.          The most recent revelation relates to a mix-up of forensic evidence recovered on the ground in Lockerbie with material used during a series of test explosions in the course of the investigation. In one case, a garment which was damaged in a test explosion was presented as if it was the original garment found on the ground (which was completely undamaged). This garment was supposedly placed in the suitcase containing the bomb. “It casts serious doubts over the prosecution case because certain items that should have been destroyed if they were in the case containing the bomb are now known to have survived the blast.” (The Observer, London, 9 October 2005)

All these facts – which are now before the Scottish Criminal Cases Review Commission – confirm the serious doubts about the Lockerbie proceedings originally raised by the UN-appointed observer, Dr Hans Koechler. In his comprehensive reports on and evaluation of the Lockerbie trial (2001) and appeal (2002) as well as in his statement on the compensation deal made between the US, UK and Libya in 2003, Dr Koechler had criticized the highly politicized circumstances in which the case was handled and drew the attention of the international public to the possible interference of intelligence services from more than one country.

New light is being shed on his original conclusion that the trial was not fair and that the basic requirements of due process had been neglected by what The Herald (Glasgow) most recently has referred to as a “distasteful political fix” (12 October 2005). It has been reported that secret talks are under way to transfer the convicted Libyan national to a North African country, which may frustrate the efforts at a retrial under Scottish law. It is worthy to note, in that regard, that the decision of the SCCRC about a retrial or new appeal has again been delayed until some time next year, Dr. Koechler said. As reported by The Herald, it appears that the key players – the three countries involved in the Lockerbie dispute – “are so anxious to avoid a retrial that officials are said to have held secret talks to secure a get-out clause.” Commenting on these revelations, Dr Koechler stated that only a retrial, if conducted in a fair, impartial and transparent manner according to the requirements set by UN Security Council resolution 1192 (1998), including the presence of international observers, will do justice to the convicted Libyan national and to the victims’ families who deserve to know the full truth about the case. This is also imperative under the fair trial standards set by the European Convention for the Protection of Human Rights and Fundamental Freedoms, he said.

Dr Koechler reiterated his call for an independent public inquiry about the background of the terrorist crime as well as the criminal investigation and prosecution by the Scottish judiciary and the institutions of the United Kingdom. He stated that the falsification of evidence, selective presentation of evidence,  manipulation of reports, interference into the conduct of judicial proceedings by intelligence services, etc. are criminal offenses in any country. In view of the above new revelations and in regard to previously known facts as reported in Dr Koechler’s reports, the question of possible criminal responsibility, under Scots law, of people involved in the Lockerbie trial should be carefully studied by the competent prosecutorial authorities.

In a TV talk with Anne Mackenzie for BBC Newsnight Scotland (1 September 2005) Dr Koechler said that, while he does not question the integrity of Scots law as such, the handling of the Lockerbie trial has nevertheless seriously damaged the reputation of the Scottish legal system. A “political fix” such as the one reported last week in the Scottish and British media would confirm these doubts and further undermine the confidence in the integrity of the Scottish judicial system. He also said that he is afraid that, because of the political interests involved in the case, the full truth – including the identity of those responsible for the planning, financing and actual perpetration of the crime – may never be known.

In today’s statement Dr Koechler emphasized that the “global war on terror” cannot be fought credibly and with a chance of success if – in the worst case of terrorism in the history of the United Kingdom – the search for truth is abandoned for political expediency and criminal justice, i.e. the rule of law, is sacrificed on the altar of political and commercial interests.

Reflecting on Lockerbie

[This is the heading over a very recent post on John Cameron's Blog. It reads as follows:]

On 21 December 1988, Pan Am Flight 103 from London Heathrow to [New York] exploded over Lockerbie, killing all 259 passengers and crew, as well as 11 people on the ground.

Just a few months earlier, a US Navy battlecruiser, the Vincennes, had shot down an Iranian passenger jet over the Persian Gulf, killing 290 people.

Not only did the US government refuse to apologise, but the Pentagon went into full cover-up mode, decorating the warship’s crew.

The Lockerbie bombing was soon attributed to the Syrian-based radical Palestinian group, the Popular Front for the Liberation of Palestine-General Command, as a revenge attack commissioned by the Iranian government.

Some weeks prior to Lockerbie, the German police had rounded up a Palestinian terrorist cell, in whose apartment they found equipment for fitting bombs into Toshiba radio-cassette players.

Unfortunately, not all of these barometric bombs were recovered – such a device was subsequently used at Lockerbie – and one of the key terrorists evaded capture.

By 1990, the crime had effectively been solved; however, at that point, the political background changed as a result of Iraq’s invasion of Kuwait.

The US and the UK now needed to court countries such as Syria and Iran so an alternative theory suddenly emerged in which Libya became the suspect.

In 2001, the case against two Libyans, Abdel Al-Megrahi and Al-Amin Khalifa Fhimah, was heard at Camp Zeist in the Netherlands before three Scottish law lords.

Gadaffi would have been briefed about the vagaries of the Scottish criminal justice processes, but he clearly did not appreciate it could be so obtuse.

It might have been anticipated that only the most reputable forensic scientists would be used but in fact the Crown employed the services of three men whose credentials were a disgrace.

The evidence of Dr Thomas Hayes in previous trials had contributed to the convictions of several innocent people and he was later publicly humiliated by Sir John May’s inquiry which slated him for ‘knowingly placing a false and distorted scientific picture before the jury’.

Allan Fer[a]day had the barest of qualifications in the field and was condemned by the Lord Chief Justice in 1996 who stated he “should under no circumstances be considered an expert witness in explosives cases.”

Then there was the American Tom Thurman, who was later sacked by the FBI for ‘routinely altering reports in the explosives unit’ to support the prosecution case.

Fhimah was acquitted but Al-Megrahi was unaccountably convicted on the basis that he had placed the bomb on board a feeder flight in Malta.

Not only was there no evidence that the bomb had been put on board in Malta, but Air Malta had won a libel action in 1993 establishing that it was not!

So the trial led inexorably to the wrongful conviction of Al-Megrahi and the final betrayal of the bereaved families.

Second batch of withheld Lockerbie documents released by Megrahi biographer

[John Ashton, author of Megrahi: You are my Jury and Scotland’s Shame: Why Lockerbie Still Matters has today released the second batch of previously-unpublished documents which were withheld by the prosecution from Abdelbaset Megrahi’s legal team.  An article posted today on his website reads as follows:]

I am today releasing a second batch of important documents, most of which were withheld from Abdelbaset’s lawyers. All concern the forensic evidence and give a very different picture to that which the Crown presented to the trial court and the wider public. There are ten documents in all. The first five can be read here, along with a explanatory notes, and the second five here. My publisher, Birlinn has today issued the following press release:

Newly released documents show that police and prosecutors were aware of deep flaws in Crown case before Abdelbaset al-Megrahi’s trial for the Lockerbie bombing. The documents, which prosecutors had kept secret, directly contradict crucial trial testimony of the Crown’s lead forensic expert and fatally undermine the prosecution case.

Three of the documents concern the fragment of circuit board, known as PT/35b, which was allegedly from the bomb’s timer. Easily the most important physical evidence against Megrahi, the Crown alleged that it was from a batch of 20 timers that were supplied to Libya by Swiss company Mebo. The papers show that the Crown, police and forensic expert Allen Feraday were all aware of a crucial metallurgical difference between the fragment and the circuit boards used in the 20 timers. This disparity proved that the fragment could not have originated from one of the timers.

The papers, which are being released by Scotland’s Shame author John Ashton, also show that:

*Feraday privately harboured doubts about a crucial analysis conducted by the Crown’s other lead forensic expert, Dr Thomas Hayes.

*Feraday successfully urged the police to prevent tests that might have challenged his own conclusions about the bomb.

*Both he and Hayes were chronically overburdened by other casework.

*The police bitterly mistrusted Feraday’s American opposite number Tom Thurman.

Mr Ashton said: ‘These documents tear the heart out of the Crown’s forensic case. They also raises serious questions about the neutrality of the most important forensic witness. The Crown’s failure to disclose them to the defence is nothing short of scandalous. Such failures underline why the Scottish government must order a public inquiry in to the case.”

[The first batch of documents, relating to Tony Gauci, was released by Mr Ashton on 8 October.]

Recruitment of the FBI's Lockerbie "golden informant"

[What follows is taken from an article headed Richard Marquise and his "Golden Informant" Majid Giaka - An Extract from "Enemies - A History of the FBI" by Tim Weiner posted yesterday on baz’s blog The Masonic Verses:]

Tim Weiner's recent book Enemies - A History of the FBI is a fascinating story of the creation of the FBI within the US Justice Department following American entry into the Great War, not for the purpose of criminal investigation but to counter the threat of radicals, anarchists and communists by means of dubious constitutionality. (...)

The author devotes six pages to an uncritical account of the Bureau's involvement in the Lockerbie case focusing on the role of the leader of the FBI taskforce (of 7 persons) Richard Marquise. (Tom Thurman is not mentioned.)

Marquise was recently quoted in the Dutch media in a story titled "The Lessons of Lockerbie" in relation to the shooting down of flight MH17 over the Ukraine. Marquise advocated the recruitment of a "Golden Informant" to solve the case just as he had done in the Lockerbie case (and by ignoring the actual evidence). Weiner's book gives a very interesting summary of how this "Golden Informant" Majid Giaka was recruited (page 372).

"Marquise needed to turn intelligence into evidence.  He needed a witness who would link Megrahi to the Samsonite suitcase with the Semtex.  He needed to find someone who knew that the suitcase carried the bomb from Air Malta to Pan Am 103.  He went back to the CIA. The Agency told him, belatedly, that it had once had a Libyan informant named Abdul Majid Giaka. He had gone on the CIA's payroll four months before Lockerbie. He was on it the night Pan Am 103 was bombed. But the Agency had dropped him a few months later, deeming him a fabricator milking his interrogators for money.

Marquise was dying to talk to Majid, no matter how dubious he seemed to the CIA.  In June 1991 the Agency flew him from a navy ship off the coast of Malta to give the FBI the chance to interview him in Virginia.  Justly wary of its informant, the CIA imposed one condition: don't tell anybody."  (Marquise immediately phoned Stuart Henderson.)  

"Majid was debriefed for at least two weeks during September 1991. He insisted that he knew three facts. He identified Megrahi as an intelligence officer serving as Libya's airline security chief. He said that Megrahi's subordinate in Malta had a cache of Semtex. And he said he had seen Megrahi with a large brown suitcase at the airport in Malta during the weeks before the Lockerbie bombing. Majid was without doubt an unreliable witness. But the FBI had faith that he was telling the truth on those three points. Marquise thought he had the foundation of a case that would stand up in court."

Giaka's account did stand up unchallenged before a patriotic US Grand Jury leading to the November 1991 indictment. However, it crumbled before even the Mickey Mouse Camp Zeist tribunal when in the defence team's finest hour they had admitted in evidence a large number of CIA cables regarding Giaka. What is astonishing is that Megrahi was actually convicted despite Giaka being discredited, a fact not mentioned in Mr Weiner's book.

Perhaps some of the parties to the MH17 atrocity will, (or have already) recruited their own "Golden Informant".

Marquise's wrote his own account of the Lockerbie investigation in his book Scotbom.  (Which I have never read.) Giaka of course never wrote his memoirs and has never been heard of since the close of the Camp Zeist trial.

I am afraid the only "Lesson of Lockerbie" for the families of those murdered on flight MH17 is how Governments fabricate evidence to suit their own political objectives regardless of the facts.