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Tuesday 14 September 2021

"Is this a case of deflected culpability for US military attacks?"

[What follows is excerpted from an article headlined Victoria Cummock on the Lessons of the Pan Am 103 Litigation published yesterday on the website of Corporate Crime Reporter:]

It was December 21, 1988 and Victoria Cummock was in Miami awaiting the return of her husband John Cummock from London for Christmas. (...)

Victoria Cummock was the mother of three young children, aged three, four and six.

Her husband never made it home.

Pan Am 103 was blown out of the sky over Lockerbie, killing all 259 people on board. A bomb was put on the plane before takeoff and detonated over Lockerbie.

John Cummock was at the front of the plane in seat 3A.

Victoria knew her husband was on the plane when she saw the iconic photograph of the crashed nose cone of the plane lying in a field in Lockerbie. 

In front of the plane on the ground, Victoria could see John’s attache case. She had given it to her husband as a gift.

For thirty-three years, Victoria Cummock has been seeking justice for her husband and for her family.

She is the founder and CEO of the Pan Am 103-Lockerbie Legacy Foundation.

“On December 21, 1988, Pan Am Flight 103 was blown out of the sky,” Cummock recalled to Corporate Crime Reporter in an interview last month. “It was a flight from London to New York that blew up over Lockerbie, Scotland. It scattered the contents of the plane and the people in the plane over 845 square miles. Eleven people on the ground in Lockerbie, Scotland were killed when two residential neighborhoods were set ablaze.”

“This attack against America created the largest recorded crime scene and remains the oldest cold case of mass murder in US and UK history.”

“Terrorists have targeted the United States for decades. And threats still remain a constant today. The response by our government to this attack has impeded due process, justice and accountability for those who perpetrated this act.”

“Tragically, the US government has never led the investigation or prosecuted anyone regarding this case. The US government abdicated the lead role of the investigation and prosecution to the Scottish police, which happened to be the smallest police force in the UK as well as the least funded.”

“There was a criminal trial in 2003 at the International Court at the Hague, under Scottish law. That was in 2003.” [RB: The trial ran from 3 May 2000 to 31 January 2001 and was held in a Scottish court sitting at Camp Zeist near Utrecht.]

“I have always wondered, with America’s vast reach, power and might, why that wasn’t utilized to pursue justice and accountability for the murder of American citizens aboard Pan Am 103.”

“Aside from issuing criminal indictments in 1991 and criminal charges in 2020, the US has never pursued, arrested or prosecuted any suspect.”

“The family members wonder why the US quietly abdicated the lead role to Scotland, not even to the UK, and handed over full authority to Police Scotland, which had the smallest staff and least funded police force in mainland Britain, to lead an investigation and prosecution of international scope into multiple state terror sponsors and dozens of inter-continental suspects.” [RB: Police Scotland was formed on 1 April 2013. The Lockerbie investigation was conducted by Dumfries and Galloway Constabulary.]

“Knowing the limitations of Scottish law, the differences between Scottish and American law in terms of admissibility of evidence as well as witnesses, and the fact that the terrorists did not attack Lockerbie, we have always wondered why allow Scotland to ultimately decide who, how and when to criminally prosecute the mass murderer of Americans.” 

“To date, only one Libyan suspect – al-Megrahi – was convicted and then released after eight years on compassionate grounds.” 

“There is still an ongoing posthumous appeal to this conviction. No one believes that if al-Megrahi did have a hand in this, that he could have acted alone to perpetrate an attack of this magnitude. But after decades of US pragmatic foreign policy, the true perpetrators of this attack will probably never be known. Informants and witnesses die, memories fade, and evidence deteriorates or disappears.” 

“We wonder if the real culprit for all terrorism is capitalism and the corruption and violence it fosters? Is political expediency for commerce, or business as usual, the only brand of American justice? Is this a case of deflected culpability for US military attacks such as the July 3, 1988 USS Vincennes warship missile shooting down of Iran Air flight 655, which killed 290 civilians in Iranian airspace?” 

Thursday 8 July 2021

Lockerbie incriminee Ahmed Jibril dies in Damascus

[Ahmed Jibril has died in Damascus at the age of 83. What follows is the report published today on the Middle East Monitor website:]

Ahmed Jibril, leader of Palestinian Popular Front for the Liberation of Palestine-General Command passed away in the Syrian capital Damascus yesterday at the age of 83.

Jibril and his family were forced out of Yazour neighbourhood in the outskirts of the Palestinian city of Yafa in 1948.

In 1965, he established the Palestinian Popular Front, which was later merged with other leftist Palestinian factions and became the Palestinian Popular Front for the Liberation of Palestine (PFLP).

In 1969 he defected and formed the PFLP-General Command, which ten years later agreed to a prisoner swap with Israel

In 1979, the PFLP-General Command held a prisoner swap with Israel. Some 76 Palestinian detainees were released in exchange for one m Israeli soldier.

Jibril negotiated a prisoner swap between the PLO factions and Israel in 1985 when 1,150 Palestinian prisoners were released in return for three Israeli soldiers.

In 2002, Israel assassinated his eldest son Jihad in Lebanon.

Jibril was criticised for his support for the Assad regime in Syria, which didn't waiver in spite of the current war.

[None of the reports of Jibril's death that I have seen so far have mentioned his and the PFLP-GC's alleged responsibility for the bombing of Pan Am 103 over Lockerbie. What follows is a report by Richard Norton-Taylor and Ian Black in The Guardian on 4 May 2000:]

The finger of suspicion after the Lockerbie bombing was first pointed at Ahmed Jibril's Popular Front for the Liberation of Palestine - General Command, the very group implicated yesterday, more than 11 years later, by the two Libyan defendants.

In another extraordinary twist, they also implicated Abu Talb, once regarded by the Scottish police as a prime suspect but now a prosecution witness.

For years, western intelligence agencies believed in a simple explanation. The bombing was funded by Iran in retaliation for the mistaken shooting down of an Iranian airliner by an American warship, the USS Vincennes, over the Persian Gulf in July 1988, five months before the Lockerbie bombing.

It was assumed that the Iranians paid Jibril's Syria-backed group to carry out a revenge attack. The assumption appeared to be backed up by the arrest a few months before the bombing of 17 people in Frankfurt, where the bag containing the bomb is alleged to have been placed on the Pan Am airliner. It was reported later that those arrested in the operation, called Autumn Leaves, included Hafez Dalkamoni, a prominent member of the PFLP-GC with links to Palestinians in Uppsala, Sweden.

They also included Marwan Kreeshat, a Jordanian, found with explosives and a Toshiba cassette player in his car similar to the one believed to have contained the bomb that destroyed the Pan Am airliner. British intelligence was later astonished to learn that he had been released for lack of evidence.

Iran appeared to be further implicated in the bombing when a US intelligence report referred to Ali Akbar Mohtashemi, a former Iranian interior minister who supervised Iranian funding of Middle East terror groups, paying out "10 million in dollars in cash and gold ... to bomb Pan Am flight 103 ... in retaliation for the US shoot-down of the Iranian Airbus".

The existence of the report, which was given to lawyers representing Pan Am, became known in 1995. This was after the two Libyans were indicted and officials in Washington and London played down its significance, describing it as low-grade information found to be incorrect.

The trail to Talb began when he was linked to a car belonging to to one of those arrested in Frankfurt. Talb was found guilty at Uppsala in December 1989 of planting a bomb at a synagogue in Copenhagen four years earlier.

Swedish police were reported to have found at Talb's Uppsala apartment an air ticket from Malta to Stockholm indicating that he was on the island at the time children's clothes - part of the evidence against the two Libyans - were bought.

British Lockerbie investigators were also alleged to have found clothes bought in Malta during a later raid on Talb's flat. Also found there was a diary with December 21 1988 - the date of the bombing - circled. He was named in the Uppsala court as being suspected in Scotland of murder or as an accessory to murder.

Yesterday, Egyptian-born Talb was described in the Camp Zeist court as a member of the Palestine Popular Struggle Front and witness number 963 for the Scottish prosecution. The PPSF was founded in 1969 with backing from Syria, and split in 1981. One of its two founders, Samir Ghosheh, left in 1981 to join the mainstream PLO and is now a minister in Yasser Arafat's Palestine Authority in Gaza.

Experts said last night that the PPSF was defunct and that little had been heard of it for at least two years.

According to Israel's Jaffee Centre for Strategic Studies, the PFLP-GC, which rejects a political settlement with Israel, has maintained links with Syria, Libya and Iran, serving as a proxy for those states in attacks in the international arena. It was suspected of carrying out the bombing of a French airliner in 1989 over Niger.

Ahmed Jibril declined to comment last night.

Some commentators say that attention over Lockerbie turned to Libya when the west wanted to improve relations with Iran and Syria after the Gulf war against Iraq. Washington and London dismiss this as conspiracy theory.

Wednesday 9 June 2021

Jim Swire's 32-year worldwide fight for justice

[Today's edition of the Daily Mirror newspaper contains a long article headlined 'My 32-year worldwide fight for justice for the girl I lost in Lockerbie bombing'. It reads in part:]

The one thing Jim Swire treasures the most also causes him the most pain. A 50-year-old tape recording, now transferred on to a compact disc, and carefully stored away in a special drawer in his Oxfordshire house.

In it, Jim is singing along with and his seven-year-old daughter Flora as she plays the guitar during an idyllic break on the Isle of Skye in Scotland. (...)

Flora had been flying to the US to spend Christmas with her boyfriend, and from where she planned to surprise her parents with the news she had been accepted for a coveted place to complete her medical training at Cambridge University.

But she never got to do either. Thirty-eight minutes into the long-haul flight, the airliner exploded as it flew 31,000ft over Lockerbie, killing all 259 people on board and 11 people on the ground. (...)

His world suddenly torn apart by grief, Jim, a GP, was determined to find answers, and set off on an unforgiving journey that would take him all around the world – including inside the desert tent of Libya’s Colonel Gaddafi.

More than 32 years later, and now aged 85, Jim is finally releasing a full account of all he discovered in a new book, The Lockerbie Bombing. His memoirs are also being made into a TV series, released next year. (...)

Jim dealt with his grief by spending every waking hour searching for information. And it wasn’t long before he began to suspect a cover up.

First, he came across a communication sent from German police to the British government in October 1988 - two months before the attack, warning that Palestinian terrorists were planning to explode a bomb on a plane heading to the US.

The information came after the arrest of a Palestinian bomb maker Marwan Khreesat, who was later released by a German judge. 

Next, he discovered a classified telex sent by the then British transport secretary James Jack to Heathrow airport, two days before the bombing, with a photo of the type of bomb they believed would be used, hidden inside a radio cassette player to make it difficult to detect on X-ray equipment.

Incredibly, the message told airport staff that if they had suspicions about any object it should be “consigned to the aircraft hold” – exactly where the Lockerbie bomb exploded.

Jim also discovered that, days before the disaster, a notice had been put up in the US embassy in Moscow warning staff of a threat to Pan Am aircraft in the run up to Christmas and advising them to rebook with another airline. (...)

Jim’s investigations led him to believe the Lockerbie bombing was actually ordered by Iran, in retaliation for an incident in July 1988, when American warship The Vincennes destroyed an aircraft in flight containing 290 pilgrims on their way to Mecca.

He believes Iran’s Ayatollah Ruhollah Khomeini, who publicly swore revenge, commissioned a Palestinian group, the Popular Front for the Liberation of Palestine [-General Command], to take down an American plane.

He thinks that, despite knowing the truth, the US and the UK decided to blame Libya, an oil-rich country which was in America’s sights.

Convinced that Libya, and Abdelbaset al-Megrahi, who was convicted of the Lockerbie bombing in January 2001, wasn’t behind his daughter’s murder, Jim has visited the country, meeting Colonel Gaddafi several times and making friends with al-Megrahi.

Of his first meeting with Gaddafi, who was overthrown and killed in 2011, he says: “I was terrified. A GP from the middle of England shaking hands with the man who was supposed to be the devil incarnate. We met in his tent in the middle of the desert.

"We were surrounded by his female bodyguards holding AK47s and as I went over to him I could hear the safety catches all clicking off. We got on and even became friends.”

Does he now have all the answers he was so desperate to find? “Yes, but I don’t have the ability to do what I feel is desperately important to be done with those answers.

“I would love to go and talk to the Ayatollahs in Iran, and the men they used, and tell them I forgive them and explain why.

Saturday 8 May 2021

"Not a court of justice but a court of politics"

[What follows is excerpted from a very long article published today on the website of The Herald. The full article can (and should) be read here.]

[Dr Jim] Swire says his short-term memory is not so good, but on the details of the evidence around Lockerbie, on the events that devastated his life, he is as sharp as a tack. He believes he knows the story behind the bombing of Pan-Am 103 and that the wrong man was convicted, the wrong country blamed.

Fingers, he said, should have been pointed at Iran, who organised it through the Syrian-based Popular Front for the Liberation of Palestine-General Command (PFLP-GC), not Libya. There was even a strong motive: revenge for the shooting-down of the Airbus carrying 290 pilgrims by the USS Vincennes. Swire no longer believes that the full truth will come out in his lifetime. The sadness and anger he feels is not just at the loss of his daughter – it is also the rage of disillusionment. He rails against the opacity of the British establishment, institutions in which he had faith.

“I was the son of an Army officer,” he says, “who had been trained to look after parts of the empire during his professional career in the Royal Engineers. I thought that the establishment was working for the protection, at the very least, of its citizens. My belief was that the establishment of the UK was honourable and sought right over wrong.”

He recalls: “It wasn’t really till the end of the Camp Zeist trial of Megrahi [in which he was found guilty] that I was forced to give up that fabulous belief. I realised that was not a court of justice but a court of politics that was being held to enable the Americans to achieve their aim of diverting blame to Libya, away from Iran. One of the things that really annoys me now is that Britain was acting as a lapdog for America.” (...)

In the months following Flora’s death, Swire submerged himself in a sea of information – including technical details of the bomb and its mechanism.

“I’ve always been interested in electronics. I learned a lot about nasty plastic explosives.” he says.

From early on, he became convinced that the bomb had been one whose timer had a pressure-related switch which would trigger shortly after take-off.

“Soon after Lockerbie I got hold of an illustrated brochure from West Germany which told the British Department of Transport that the German police had recovered some specialised bombs in an operation called Autumn Leaves,” he recalls.

“It told how these bombs had a switch that could detect a drop in air pressure when an aeroplane took off and that around seven minutes from the time the wheels left the tarmac it would switch the timer on in the bomb and that the timers ran for approximately 30 minutes.”

He did the maths. “That makes a total of 37 minutes from leaving the ground before the thing went off. It was exactly that timing, 38 minutes into the flight, at which Pan-Am 103 blew up.”

The explanation that the bomb involved was one with a long running digital timer, supplied by MEBO and including circuit board produced by the Zurich company Thuring, which was at the heart of the Megrahi conviction, is one he believes too elaborate. “I think of William of Ockham. He said the simplest explanation consistent with the known facts is the most likely to be true.”

He argues that the bomb was made by terrorists linked to the PFLP-GC and that the clothing from Malta was deliberately put alongside the bomb in order to mislead. “I think,” he says, “that it all worked out according to the plans that were laid by Iran through the use of their surrogate terrorist group, the PFLP-GC.”

Key evidence supporting his theory, published in his book, some of which comes from the John Ashton book Megrahi: You are My Jury, includes a metallurgical examination done by experts commissioned by the Megrahi defence team, which showed that the circuit board fragment used as evidence did not come from a particular set of bombs supplied by MEBO to Libya, as previously had been argued, because it contained the wrong metal coating.

They also question the reliability of the identification of Megrahi by Maltese shopkeeper Tony Gauci, given records that show his attempts to get, and eventually receive, substantial money from the United States. (...)

The Lockerbie Bombing by Jim Swire and Peter Biddulph is published by Birlinn.

Aye Write: The Lockerbie Bombing: A Father's Search for Justice: Jim Swire in conversation with Kate Adie will be on May 21, 6pm.

Saturday 30 January 2021

"Independent" Lockerbie commentator "instructed and paid by Iran"

[What follows is excerpted from a report in today's edition of The Scotsman headlined Academic who defended Tehran against Lockerbie allegations accused of secretly working for Iranian government:]

Authorities in the US allege Kaveh Afrasiabi, a political scientist and veteran commentator on Iranian issues, of acting and conspiring to act as an unregistered agent of the Iranian state for more than a decade, during which time he made media appearances rejecting any suggestions that Iran was involved in the 1988 atrocity.

A complaint filed against Afrasiabi in a federal court in New York alleges that he was instructed over what to say to journalists by Iranian government officials assigned to the country’s permanent mission to the United Nations, before advocating positions and policies “favoured” by Iran.

The interviews included Afrasiabi’s views on a 2014 Al Jazeera documentary, entitled ‘Lockerbie: What Really Happened?’, which claimed the bombing was ordered by Iran and carried out by the Syrian-based terror group, the Popular Front for the Liberation of Palestine-General Command.

The documentary, which was subsequently screened in the Scottish Parliament, included testimony from Abolghasem Mesbahi, a former high-ranking Iranian intelligence agent, who said Iran had sanctioned the attack in revenge for the destruction in July 1988 of an Iranian airbus mistakenly shot down by USS Vincennes.

Afrasiabi, a former visiting scholar at Harvard University, went on to appear on an Al Jazeera interview, refuting the documentary’s premise. However, the complaint against him alleges he was advised on what to say by a press secretary at the Iranian mission, and told to state that he was giving his views as an “independent expert.”

During a phone call with the Iranian official on 11 March 2014, the complaint goes on, Afrasiabi was instructed “in sum and substance to explain that both the US and Britain completed their investigations” into the incident.

It also alleges that the day after the interview, Afrasiabi advised the Iranian government to threaten a $500 million lawsuit against Al Jazeera,” stating that it “would act as a brake on their current plan and might put a stop.” He added: “Soft diplomacy does not answer this specific situation.”

Afrasiabi also sent Al Jazeera an article prepared by his Iranian government contacts refuting the documentary’s claims, according to the complaint.

It adds that since 2007, Afrasiabi has “surreptitiously derived a significant portion of his income from compensation for services performed at the direction and under the control of the government of the Islamic republic of Iran,” claiming he received more than $265,000 over the period, as well as health insurance benefits.

The complaint also alleges Afrasiabi contacted an official in the US State Department, asking for its “latest thinking” on the Iran nuclear issue, without revealing the nature of his relationship with Iranian authorities.

Afrasiabi has described the allegations against him as “lies,” while Iran’s foreign ministry said the accusations were “baseless,” and accused the US of “a clear hostage-taking of Iranian nationals.”

Wednesday 20 January 2021

The house of cards that is the legal frame-up of Megrahi

[What follows is taken from an article by Steve James published today on the WSWS.org website:]

Five Scottish judges have upheld the 2001 verdict against Abdelbaset Ali Mohmed Al Megrahi, the only person convicted for the 1988 bombing of Pan Am Flight 103 over Lockerbie, Scotland, which killed 270 people.

Last week's decision is the second time an appeal on Megrahi's behalf has been rejected by the courts amid the continued suppression of contradictory evidence.

In 2002, an initial appeal was thrown out. In 2009, Megrahi, already terminally ill, was tacitly offered release from Greenock prison on compassionate grounds if a contemporary appeal was dropped as part of rapprochement between the Libyan and British governments. The most recent appeal was launched by Megrahi's son, Ali Al-Megrahi, to clear his father's name posthumously.

The appeal hearing heard from Claire Mitchell QC that Megrahi's original conviction hinged on Maltese shopkeeper Tony Gauci’s uncorroborated identification of Megrahi. She pointed to contradictions in Gauci’s testimony and challenged the trial judges' decision that the clothing was purchased on 7 December 1988, rather than 23 November, which was supported by the evidence. Megrahi was not in Malta in November.

Mitchell noted that while the trial verdict "cherry picked" items from a mass of conflicting evidence, no evidence existed that the bomb started its journey from Malta.

The appeal was allowed to go forward following a decision by the Scottish Criminal Cases Review Commission (SCCRC), that a miscarriage of justice may only have occurred because of the manner in which Megrahi was identified by Gauci. Gauci first identified someone else, appeared confused, and was found to have been coached by police in expectation of a huge reward. $2 million was duly paid, a matter about which the trial defence was not informed.

The SCCRC did not consider (...) analysis of the metallurgical characteristics of the alleged bomb timer--proving it was not part of a batch sold to Libya--or devastating evidence of the bomb suitcase entering the luggage system at Heathrow Airport, London, as grounds for appeal.

The reason for the appeal being restricted to Megrahi's identification by Gauci is increasingly clear. Any broader querying of the original verdict threatens to bring down the house of cards that is the legal frame-up of Megrahi.

It is worth recalling some of the contradictions and unconfirmed assertions in the official version of events leading to PA103's destruction, upheld at the 2001 trial and again on two subsequent appeals.

Megrahi was found guilty of loading a suitcase, containing a bomb armed with a complex electronic timer, in Luqa airport, Malta, onto a flight to Frankfurt, Germany. No viable evidence has been presented confirming that such a suitcase existed. No explanation has been given of how Megrahi overcame Luqa's tight security. (...) No explanation has been offered of how Frankfurt airport's X-ray scanning missed a bomb in a cassette recorder when staff had been advised to look out for one.

From Frankfurt, the feeder flight travelled to London’s Heathrow airport, where the bomb was allegedly transferred to Pan Am 103. No such suitcase has been identified.

Not accounted for is the fact that a suitcase closely resembling the one containing the bomb appeared unexpectedly at Heathrow airport before the feeder flight from Frankfurt arrived and was reportedly inserted onto PA103 at Heathrow.

This suitcase was seen by witnesses on the floor of the luggage container in which the explosion later occurred. No explanation or significance has been attached to a break in at Heathrow airport, where security was poor, the night before, adjacent to the luggage loading area for PA103.

The explosion that destroyed the Boeing 747 took place 38 minutes after take-off from Heathrow. This is exactly the time at which a well-known design of barometric bomb, triggered by a fall in air pressure, would explode had one been loaded at Heathrow.

Barometric bombs of this design were, at the time, being manufactured in Germany by a Syrian backed Palestinian group the Popular Front for the Liberation of Palestine-General Command (PFLP-GC), a group with a history of aircraft bombing. Four of these bombs were seized by German police, a fifth went missing for unexplained reasons.

No explanation has been offered of why the stated design of electronic timer, an MST-13 manufactured by Swiss company MeBo-AG, would not be set to explode at a time much later, over the Atlantic, where any evidence would sink to the ocean floor.

Nor has an explanation been offered as to why evidence relating to the belated appearance of a fragment of MST-13 timer in the Lockerbie wreckage showed evidence of having been doctored, as had the records relating to its discovery. Or why this timer fragment has subsequently been proved NOT to be part of a consignment of timers admittedly sold to Libya by Mebo-AG.

Days before the appeal hearing, the judges ruled that documentation in the possession of the British government since shortly after PA103 was brought down should remain hidden, upholding a public interest immunity certificate signed by Foreign Secretary Dominic Raab in August this year. One of Raab's predecessors, Labour's David Miliband, signed a similar order in 2008 before Megrahi's previous appeal was dropped.

Carloway upheld Raab's view that the documentation was relevant but revealing it would "damage counter-terrorism liaison and intelligence gathering between the UK and other states".

The documentation is reportedly a letter from then Jordanian ruler, King Hussein, an ally of the Western powers and a CIA asset, implicating Jordanian intelligence agent and PFLP-GC supporter Marween Khreesat in making the bomb. King Hussein claimed the attack was revenge commissioned by the Iranian government for the US Vincennes' shoot-down of an Iran Airbus at the cost of 255 lives in July 1988. Khreesat was arrested as part of the group that was making bombs in Germany in 1988, but was quickly released. He died in Syria in 2016.

Another remarkable intervention on the eve of the appeal, which coincided with the December 21 anniversary of the disaster, came from outgoing US Justice Secretary William Barr.

Barr announced charges against the hitherto little-known Libyan, Abu Agela Mas’ud Kheir Al-Marimi (Masud), whom Barr accused of helping Megrahi make the bomb used in the attack and whose extradition to the US is now being sought. Barr claimed the then-Libyan leader Colonel Muammar Gaddafi personally thanked Masud for his efforts. Masud has been held in a Libyan jail since 2012. Gaddafi's government was violently overthrown by the US and European war machine, and Libya pitched into a catastrophic and ongoing civil war in 2011, but this claim of involvement only surfaced years later.

Barr has a history with the Lockerbie case. Prior to his installation by Donald Trump in 2019, he was known for a series of cover-ups arising from his first period as US Attorney General, between 1991 and 1993, during George H W Bush's term as US President, arising from the successive debacles of US foreign policy in the Middle East.

It was on Barr's watch that Bush handed out pardons to senior state officials involved in the Iran-Contra scandal of the 1980s, including former defence secretary Caspar Weinburger, who had been charged with crimes of perjury, lying to Congress and obstruction of justice.

Barr oversaw a fundamental shift in the focus of investigation into the destruction of Pan Am Flight 103 from the PFLP-GC and Iran to Libya, and announced the November 14, 1991 indictments against Megrahi, and his then co-accused, Al Amin Khalifa Fhimah.

The transition took place during US preparations for the assault on Iraq in the first Gulf War, launched earlier in 1991. Prior to the war, US officials shuttled around the various Arab regimes in the Middle East seeking support and acquiescence in the planned bloodbath. Then Secretary of State James Baker visited Syria repeatedly and extracted regime support for the assault on neighbouring Iraq. Iran remained neutral.

Speaking of Lockerbie when the war was over and days after the unexpected indictment of the two Libyans, Bush said, "A lot of people thought it was the Syrians. The Syrians took a bum rap on this."

None of this mattered to the Scottish judges. Instead, the 64-page verdict sought to strengthen the case against Megrahi by attributing sinister significance to entries in co-accused Fhimah's diary referring to "luggage tags". Fhimah, however, was acquitted in the original 2001 trial. Both men worked at the airport.

Speaking outside the court, lawyer Aamer Anwar said Megrahi's family were heartbroken by the verdict and intend to take the case to the UK Supreme Court. Jim Swire, 84, whose daughter Flora died in the disaster said, "For a long time I have been persuaded that it isn’t likely the truth will come out during my time left on the planet."

[RB: Another recent article can be read here: Lockerbie 32 years on: imperialism, framings and cover-ups.]

Thursday 24 December 2020

The search for justice goes on and William Barr's actions are unlikely to help

[This is part of the headline over a long article by Kim Sengupta in The Independent. It reads in part:]

With great fanfare, on the anniversary of the Lockerbie bombing, the US has announced charges against the supposed bomb maker who blew up Pan Am flight 103, the worst act of terrorism in this country, with 270 lives lost.  

One of William Barr’s final acts as Donald Trump’s Attorney General, a deeply controversial tenure, is supposed to fit one of the final pieces of the jigsaw in the hunt for the killers.  

There are historic links between the Lockerbie investigation and the current, turbulent chapter of American politics. Barr was also the Attorney General in 1991, in the George W Bush administration, when charges were laid against two Libyans, Abdelbaset al-Megrahi, and Lamin Khalifa Fhimah, over the bombing. The inquiry was led at the time by Robert Mueller, the head of the Department of Justice’s criminal division.  

Mueller, of course, became the Special Counsel who examined if Trump was the Muscovian candidate for the White House. Barr was the Attorney General, in his second term in the post, accused of distorting the findings of Mueller’s report to protect Trump from accusations of obstruction of justice, which he denies.  

The charges which have been laid against Abu Agila Mohammad Masud, another Libyan, are intrinsically connected to Abdelbaset al-Megrahi, who is the only person to have been found guilty by a court of the bombing.  

Megrahi is now dead. There are good reasons to hold that the investigation, trial and verdict which brought his conviction were flawed and a miscarriage of justice has taken place. This is a view shared by bereaved families, international jurists, intelligence officers and journalists who had followed the case.  

Last month, an appeal hearing began at the High Court in Edinburgh to posthumously clear Megrahi’s name. This was the third appeal in the attempt to prove that the verdict against him was unsound, with his legal team focusing on the veracity of the prosecution evidence at his trial. 

Much of the case against Masud, a former Libyan intelligence officer, now charged, comes from an alleged confession he made in jail, where he had ended up after the fall of the regime of Muammar Gaddafi. Masud, according to the FBI, named Megrahi and Fhimah as co-conspirators, who had together manufactured an explosive device using Semtex during a trip to Malta. Masud has said that he had bought the clothing which had been wrapped around the bomb, hidden in a radio-cassette player, before being placed in a Samsonite suitcase which was put on the flight.  

There are two points which are immediately relevant. The same trial which convicted Megrahi had acquitted Fhimah of all charges. And one of the key allegations against Megrahi, which the judges said made them decide on the verdict of guilt, was that it was he who had bought the clothing put around the explosive device.  

These contradictions are among many, big and small, which have marked the official narrative presented by the US and UK authorities of what lay behind the downing of the airliner.  

I went to Lockerbie on the night of the bombing, attended the trial of the two Libyan defendants, and met Megrahi at his home in the Libyan capital, Tripoli, where he had been allowed to return after suffering from cancer. I have followed the twists and turns of the case throughout.   

Soon after the downing of the Pan Am flight, American and British security officials began laying the blame on an Iran-Syria axis. The scenario was that Tehran had taken out a contract in revenge for the destruction of an Iranian civilian airliner, Iran Air Flight 655, which had been shot down by missiles fired from an American warship, the USS Vincennes, a few months earlier. The theory went that the contract had been taken up by the Popular Front for the Liberation of Palestine-General Command (PFLP-GC), which specialised in such operations.  

But the blame switched to Libya, then very much a pariah state, around the time Iran and Syria joined the US-led coalition against Saddam Hussein in the first Gulf War. Robert Baer, the former American intelligence officer and author, was among those who held that the Iranian sponsored hit was the only plausible explanation for the attack. This was the firm belief held “to a man”, he stated, by his former colleagues in the CIA.  

After years of wrangling, Megrahi, the former head of security at Libyan Airlines and allegedly in the Libyan security service, and Fhimah, allegedly a fellow intelligence officer, were finally extradited in 1999. (...)

The two men were charged with joint enterprise and conspiracy. Yet only Megrahi was found guilty. (...)

So, deprived of finding a partner in crime for Megrahi, the prosecutor switched to claiming, and the judges accepting, that he had conspired with himself.  

The prosecution evidence was circumstantial; details of the bomb timer on the plane were contradictory; and the testimony of a key witness, a Maltese shopkeeper, extremely shaky under cross-examination. Five years on from the trial, the former Lord Advocate, Lord Fraser of Carmville – who had been responsible for initiating the Lockerbie prosecution – described the witness, Tony Gauci, as “an apple short of a picnic” and “not quite the full shilling”. Gauci was, however, flush in dollars: the Americans paid him for his testimony.  

The performance and evidence of a supposedly prime “CIA intelligence asset”, Abdul Majid Giaka, codenamed “Puzzle Piece” who turned up in a Shirley Bassey wig, was widely viewed as risible. It emerged later that important evidence had not been passed on to the defence lawyers. Ulrich Lumpert, an engineer who testified to the validity of a key piece of evidence, admitted later in an affidavit of lying to the court.  

It has also emerged that Giaka had been described by his CIA handler, John Holt, in an official report as someone who had a “history of making up stories”.

Holt was denied permission to appear at court. Earlier this month he reiterated in an interview that, like his CIA colleagues, he believes the Libyan connection was a concocted red herring and culpability lay with PFLP (GC). "I would start by asking the current Attorney General, William Barr, why he suddenly switched focus in 1991, when he was also Attorney General, from where clear evidence was leading, toward a much less likely scenario involving Libyans”, he said.  

The observer for the UN at the trial, Hans Kochler severely criticised the verdict. Writing later in The Independent, he described a case based on “circumstantial evidence”; the “lack of credibility” of key prosecution witnesses who “had incentives to bear false witness against Megrahi”; the fact that one was paid cash by the Americans; and that “so much key information was withheld from the trial”.    

Robert Black, a law professor born in Lockerbie, who played an important role in organising the Camp Zeist proceedings, later became convinced that a great injustice had taken place, as have many other eminent jurists.  

Some who were in Lockerbie on that terrible night and dealt with the aftermath also felt the same way. Father Patrick Keegans, the parish priest at the time, joined the “Justice for Megrahi” campaign after meeting the convicted man’s family and has backed appeals to clear his name.  

Many members of the bereaved families feel that justice has not been done, among them Jim Swire, who lost his daughter Flora in the bombing and became a spokesman for “UK Families 103”.  

When there were objections to the severely ill Megrahi being allowed to return to Tripoli, he pointed out “the scandal around Megrahi is not that a sick man was released, but that he was even convicted in the first place. All I have ever wanted to see is that the people who murdered my daughter are brought to justice.”  

After the charging of Masud, Dr Swire said: “I'm all in favour of whatever he's got to tell us being examined in a court, of course I am. The more people who look at the materials we have available the better.”  

He wanted to stress: “There are only two things that we seek, really. One is the question of why those lives were not protected in view of all the warnings and the second is: what does our government and the American government really know about who is responsible for murdering them.”  

Some bereaved families have criticised the presentation and motivation of the US move. The State Department had sent an invitation for livestreaming of the event.  

Reverend John Mosey, who lost his 19-year-old daughter Helga in the bombing, said the “timing and particularly the choice of this specific day, which is special to many of us, to be bizarre, disrespectful, insensitive and extremely ill considered”. He added: “Why exactly, when the Attorney General is about to leave office, has he waited 32 years to bring charges?”  

Behind the controversy over who carried out the attack, the political manoeuvres and legal actions, lay the human tragedy of Lockerbie, a scene which is difficult to forget, even after three decades, for many of us who went there.  (...)

There is also the memory of Abdelbaset al-Megrahi, at his home in Tripoli in 2012. He lay in his bed attached to a drip, on red sheets stained by dark splashes of blood he had coughed up. An oxygen mask covered his skeletal face; his body twitched as he drifted in and out of consciousness. He was in the advanced stages of cancer: medicine he desperately needed had been plundered by looters; the doctors who had been treating him had fled. He died a few months later.  

The bitter accusations and recriminations over Lockerbie are unlikely to cease. But the search for justice for this terrible act of violence which took so many lives, and caused so much pain and grief, continues to remain elusive among the secrets and lies. 

Sunday 20 December 2020

"I wonder why they are still trying to blame the wrong people for my daughter’s death"

[What follows is excerpted from a long interview of Dr Jim Swire by Marcello Mega in today's edition of The Scottish Mail on Sunday:]

My daughter was murdered 32 years ago tomorrow on Pan Am Flight 103 over Lockerbie. For us, the anniversary is no different to the other 364 days. We remember Flora and feel her loss every day.

She would have celebrated her 24th birthday in America with her boyfriend the next day. I’m sure she would have been a mother by now. That day, our family lost a beloved daughter and sister, and all the future joy she would have brought us.


I have no doubt she would have had a wonderful career. She wanted to specialise in neurology and had done so brilliantly at nottingham University that she had been given time out to set up her own research project at Queen Square Hospital, London, l ooking at how HIV affected the brain.


I have many reasons to be angry. Much of my anger is directed at our Government and prosecution service, and the US authorities.


I wonder why they are still trying to blame the wrong people for my daughter’s death.


To hear last week the US intends to pursue another Libyan suspected of making the bomb that murdered 270 people fills me with despair, as does the news there is ‘fresh evidence’ linking a second suspect.


American investigators refuse to acknowledge the many flaws in the case that blamed Libya, and they continue the charade, ignoring all the evidence pointing to Iran. Now, cynically I believe, while five Scottish judges consider the posthumous appeal raised by the family of Abdelbaset Ali Mohmed Al Megrahi – the only man convicted of the bombing – outgoing US attorney-general William Barr will announce they want to try Abu Agila Mohammad Masud, allegedly a bomb-maker for the late Libyan leader Muammar Gaddafi.


The second suspect, Abdullah Al Senussi, is the ex-intelligence chief and brother-in-law of Gaddafi.


Mr Barr held the same position when Megrahi was first charged in 1991. Having suddenly and inexplicably changed the focus of the investigation from Iran to Libya in the beginning, he appears to have rounded the circle when no credible evidence remains against Libya. I wonder if the timing now was contrived to put pressure on the judges.


To believe the Crown’s case against Megrahi, you have to believe in a series of astonishing coincidences.


In October 1988 a European cell of the PFLP-GC terror group was raided by the German secret police in Neuss. Four bombs were recovered, all hidden in Toshiba cassette-recorders. Members admitted one device had been taken away by their leader.


The devices had a simple timer that ran for half an hour after being triggered by lowered air pressure at altitude. On a Boeing 747 this would occur seven minutes into the flight. The explosion was 37 minutes after take-off. The evidence label for the fragment supposedly linked to Libya was the only one of thousands of productions to be altered. Originally it read ‘charred cloth’, but the word ‘debris’ was overwritten, presumably when the debris itself was added.


The case for Iran as culprit is far stronger. Five months before Lockerbie, the USS Vincennes, a warship patrolling the Gulf, shot down an Iranian Airbus, killing all 290 on board. Iran vowed the skies would run with the blood of Americans. The US offered no apology.


Security warnings were shared by Western intelligence services from October 1988 that terrorists intended to bomb a US aircraft.


The later warnings were specific to Pan Am, prompting the US to offer embassy staff in Moscow the chance to fly home for Christmas with another airline. But the UK Government did nothing, failing to protect Flora and the other 269 victims, despite Heathrow having been notified of a bomb threat.


The story that saw Megrahi wrongly convicted of mass murder has the bomb on flights from Malta to Frankfurt and then on to Heathrow, but that did not happen. Even the judges who found Megrahi guilty in 2001 acknowledged the Crown had failed to show an unaccompanied bag flew on the flight from Malta. The Maid of the Seas, the Boeing 747 that would disintegrate over Lockerbie, was loaded from empty at Heathrow.


Evidence of a break-in at Heathrow the night before – which would have let someone plant the suitcase with the bomb in the relevant area – was known to the Scottish police, and must therefore have been known to the Crown, but was not revealed to Megrahi’s defence.


At the time, Heathrow had been notified by the UK department of Transport of the threat of bombs in Toshiba cassette-recorders.


We have a copy of a telex sent to Heathrow two days before Lockerbie, warning that such bombs would be hard to see on X-rays.


Incredibly, it told security staff at the airport that if an item looked uncertain on X-ray and was to be carried, it ‘could only be carried in the hold of the aircraft’.


The suppression of evidence that did not fit their case was a deliberate tactic of prosecutors.


They did not reveal that star witness Tony Gauci, owner of the shop that sold the clothing packed around the bomb, was to get $2 million (£1.5 million) for his testimony, even though he never once said the buyer was definitely Megrahi. The judges acknowledged his doubt in their verdict, but, uniquely in a criminal case where certainty is everything, made a virtue of it.


The statements Gauci made that didn’t fit the case were never shared but the judges later ruled on two matters Gauci was 100 per cent reliable on: the list of clothing and prices – not knowing that in an unseen statement he made in 1999 he had produced a different list – and that the buyer was Libyan.


The clothes purchase was agreed to have occurred on November 23, when Megrahi was in Malta. Other evidence, including Gauci’s brother Paul’s statement, pointed to december 7. Paul Gauci was not called to give evidence and received a $1 million (£740,000) reward. 


Megrahi received a life sentence.


The new appeal has not heard any of the considerable fresh evidence relating to the timer fragment.


The Scottish Criminal Cases Review Commission referred the case back to appeal but restricted the terms. There is copious evidence the fragment could not have been part of the bomb, yet the judges must decide if the conviction is safe without hearing it.


UK Families Flight 103 has always wanted to know why our loved ones were not protected despite the warnings, who killed them and why.


Our Government has always refused us a public inquiry. I am 84 and still hope to see justice done. It still brings tears to my eyes when I remember clearing out Flora’s London flat after her murder.


We found an offer to complete her studies at Cambridge, where I was an undergraduate. She would have been saving the news to tell us on Christmas day, or on her return from the States. I owe it to my wonderful daughter and to the man wrongly blamed for her death to keep fighting for the truth.

Monday 7 December 2020

Lockerbie questions that US Attorney General William Barr needs to answer

[What follows is excerpted from an article by John Schindler published today on the Top Secret Umbra website:]

With just six weeks left for the Trump administration, speculation is swirling that Attorney General William Barr may step down before the official presidential transition on January 20. Barr has fallen out of favor with the White House since his admission last week that the Department of Justice’s investigation of our November 3 election has uncovered no significant voting fraud, contrary to the loud claims of President Donald Trump and his enraged surrogates. A longtime liberal bugbear, Barr suddenly became the Oval Office’s new whipping boy instead, and the attorney general is reportedly tired of the public presidential abuse. 

That would be the second time that Barr steps down as the attorney general (...)

Before we get to his decisions as Trump’s attorney general, we should first ask Bill Barr about what happened the last time he headed the Justice Department.

Above all, why did Attorney General Barr back in mid-November 1991 decide to indict two Libyan spies for the downing of Pan Am Flight 103 over Lockerbie, Scotland on December 21, 1988, a terrible crime that killed 270 innocent people. Barr’s announcement stunned our Intelligence Community, which had investigated that terrorist atrocity for nearly three years in voluminous detail, yet never suspected that Libya stood behind the attack.

Three decades ago, the Lockerbie tragedy loomed large in American news. A bomb inside a suitcase stowed in the Boeing 747’s forward left luggage container tore the airliner apart as it cruised at 31,000 feet, headed for New York. All 243 passengers and 16 crew on the Pan Am jumbo jet died, as did 11 people in the town of Lockerbie, which was showered by the flaming wreckage of the shattered 747. One hundred and ninety of the dead were Americans, including 35 Syracuse University students headed home for Christmas after a European semester abroad.

It didn’t take long for diligent British investigators to find the remnants of the Samsonite suitcase which contained less than a pound of Semtex plastic explosive manufactured in Czechoslovakia and hidden in a Toshiba radio cassette recorder. That trail quickly led to the Popular Front for the Liberation of Palestine – General Command, a radical Arab terrorist group that was headed by Ahmed Jibril, a former Syrian army officer. In the eyes of Western intelligence, the PFLP-GC was little more than an extension of Syria’s security services.

Intriguingly, less than two months before the Lockerbie attack, West German police rolled up a PFLP-GC bomb-making cell around Frankfurt, seizing four bombs made of Semtex hidden in Toshiba radios. Since Pan Am 103 originated in Frankfurt and that was the exact same kind of bomb which took down the doomed airliner, none of this seemed coincidental. Western intelligence circles heard chatter in the autumn of 1988 that the PFLP-GC, whose fifth Frankfurt bomb was never found by police, was planning to blow up U.S. airliners. Plus, one of the men taken into custody was Marwan Khreesat, a veteran bomb-maker who was believed to be behind the downing of a Swissair jetliner back in 1970, a terrorist attack which killed 47 people.

Before long, American intelligence believed that Iran was really behind the downing of Flight 103, given known close connections between Syrian intelligence and Iranian spy agencies. Neither was Tehran’s motive difficult to ascertain. A few months before, on July 3, 1988, the cruiser USS Vincennes, on station in the Persian Gulf, mistakenly shot down an Iran Air Airbus, a terrible accident which killed all 290 people aboard, including 66 children. Iran’s revolutionary regime promised revenge, and the Intelligence Community assessed that they got it over Scotland. As I explained on the thirtieth anniversary of the Lockerbie horror, that Iran stood behind the attack:

Was the conclusion of US intelligence, particularly when the National Security Agency provided top-secret electronic intercepts which demonstrated that Tehran had commissioned the PFLP-GC to down Pan Am 103 (...) One veteran NSA analyst told me years later that his counterterrorism team “had no doubt” of Iranian culpability. Bob Baer, the veteran CIA officer, has stated that his agency believed just as unanimously that Tehran was behind the bombing. Within a year of the attack, our Intelligence Community assessed confidently that Lockerbie was an Iranian operation executed by Syrian cut-outs, and that take was shared by several allies with solid Middle Eastern insights, including Israeli intelligence.

The IC was therefore taken aback on November 14, 1991, when Attorney General Barr announced the indictment of two Libyan spies, Abdelbaset el-Megrahi and Lamin Khalifah Fhimah, for the downing of Pan Am 103. Libya denied the accusations, as did the two Libyan intelligence officers, and it took Britain almost a decade to bring the men to trial. In a unique arrangement, the trial was held in the Netherlands under Scottish law. In the end, the court did not convict Fhimah but did find Megrahi guilty of 270 counts of murder in early 2001. Megrahi maintained he was framed and, suffering from cancer, he was released on compassionate grounds in 2009. He returned to Libya and succumbed to cancer there in May 2012, protesting his innocence to the end.

Quite a few people who looked at the evidence believed that Megrahi really may have been innocent, including some relatives of Pan Am 103 victims. Many in intelligence circles had doubts too, particularly because the prosecution’s star witness, Abdul Majid Giaka, was another Libyan intelligence officer who became a CIA asset. Giaka claimed to have witnessed Megrahi and Fhimah’s preparations in Malta to take down Pan Am 103 with a bomb made by Libyan intelligence. The Scottish court found Giaka less than credible, yet his claims against Megrahi stood up adequately to produce a conviction.

CIA made Giaka available to the court as the star witness, while obscuring some of their clandestine relationship with the Libyan spy. Langley offered several of its own officers to the court as well, something CIA recounted with pride in its official telling of their support to the Lockerbie trial, but the agency was careful to only produce officials who endorsed the Libya-did-it hypothesis.

There was the rub. Some CIA officers who were close to Giaka did not find his claims about Pan Am 103 and his own intelligence service’s involvement to be credible; in fact, they considered their “star” to be an unreliable fabricator. However, this secret – which raises fundamental questions about the US government’s official position on Lockerbie since late 1991 – was kept confined to spy circles for decades. Until now.

John Holt, a retired CIA officer who served as Giaka’s handler three decades ago, has broken his silence, granting a detailed interview to British media about his role in this sensational case. The 68-year-old Holt spoke out for the first time about what really happened behind the scenes with Giaka, whom he dismissed as an asset who was prone to “making up stories.” Giaka was far from a reliable source and the former American spy opined that CIA kept Holt away from the trial, since agency leaders knew that his account contradicted the official US position on Lockerbie. As he explained:

I handled Abdul-Majid Giaka in 1989 for a whole year during which he never mentioned Libyan involvement in the bombing. My cables [back to CIA headquarters] showed he was a car mechanic who was placed by Libyan Intelligence as Malta Airport office manager with Libyan Arab Airlines and had very little information about anything to do with bombs – or Lockerbie. He felt humiliated by Megrahi, who was an official with the Libyan Intelligence Service. “I was treated,” he said, “like a dog when Megrahi came to the office.” That's all reported in my cables, so CIA knew Giaka had a grudge against Megrahi.

This was a personal vendetta, in other words, one that was driven by Giaka’s needs and his changing memory, as Holt elaborated:

Every time I met Giaka, which was each month or two, I would also ask him if he had any information at all about the Pan-Am bombing. All of us CIA and FBI field officers were asked by the CIA to keep pressing our assets for any answers or clues.  His answer was always: No.

I expressed my opinion to the FBI that Giaka was nothing more than a wannabe who was not a real Intel Officer for the Libyans. He had no information [about] Lockerbie, and I told the CIA all this in comments I made in my cables. He went back to Libya at the end of 1989 and I moved on to another assignment.  

In 1991, Giaka told the CIA that he had been exposed and the Libyans would kill him. When he was told he was useless to our intelligence services, he began making up stories. It was only when he needed desperately to get some financial and logistical support from the US to flee Libya in 1991 that he started telling the CIA things relevant to the Pan Am 103 bombing.

This fix was in, however, and Holt found his first-hand view of the case sidelined by his own agency. His cables which illuminated Giaka’s unreliability as a source were not shared by CIA with the Scottish court, while Langley declined to let Holt provide evidence at the trial. “We now all need to admit we got the wrong man, and focus on the real culprits,” Holt explained, pointing a finger at Bill Barr:

I have reason to believe there was a concerted effort, for unexplained reasons, to switch the original investigations away from Iran and its bomb-making Palestinian extremist ally the PFLP—General Command. Now we should focus a new investigation on the Iranians and their links with the bomber…I would start by asking the current attorney general, William Barr, why he suddenly switched focus in 1991, when he was also attorney general, from where clear evidence was leading, toward a much less likely scenario involving Libyans.

In May of this year, the Scottish Criminal Cases Review Commission ordered a fresh look into Abdelbaset el-Megrahi’s conviction. So far, this review has revealed claims that the prosecution presented a distorted version of the late Megrahi’s alleged role based on “cherrypicked” evidence in order to obtain a conviction. Bill Barr won’t be attorney general for much longer and he ought to avail himself of the opportunity to explain why credible information from veteran intelligence officers like John Holt was ignored to make a case against Megrahi, who may not be guilty of his supposed role in the murder of 270 innocent people.

Nearly a year ago, Attorney General Barr delivered remarks about the Pan Am 103 tragedy at a memorial service held at Arlington National Cemetery. He commemorated the dead of Lockerbie: “The Americans who died that day were attacked because they were Americans. They died for their country. They deserve to be honored by our nation.” Barr added that the case remains far from over for him: “In 1991, I made a pledge to you on behalf of the American law-enforcement community: ‘We will not rest until all those responsible are brought to justice.’ That is still our pledge. For me personally, this is still very much unfinished business.” The thirty-second anniversary of the Lockerbie attack is two weeks from today. If Barr meant what he said about resolving that tragedy’s unfinished business, John Holt’s testimony is an excellent place to commence the search for the full truth about what happened to Pan Am 103.

Wednesday 2 December 2020

The real perpetrators of Lockerbie bombing still to be brought to book

[This is the headline over a letter by Rev Dr John Cameron published on the website of the Belfast Telegraph on 1 December 2020. It reads as follows:]

In 1994 Nelson Mandela offered South Africa as a neutral venue for the Pan Am atrocity trial, but this was turned down by John Major.

His offer was also rejected by Tony Blair at the 1997 Commonwealth heads of government meeting in Edinburgh.

In words that still haunt our judiciary, Mandela warned “no one nation should be complainant, prosecutor and judge” in the Lockerbie case.

A life-long friend, the late Graham Cox, was Sheriff Principal of South Strathclyde, Dumfries and Galloway when Fhimah and Megrahi were arrested.

They appeared before him on April 6, 1999 at a makeshift Scottish court at Kamp Van Zeist in Holland.

In spite of his suspicion that the prosecution had arrested the wrong men, this court appearance starting off the subsequent legal proceedings.

Cox had no doubt the bombing resulted from the shooting down of Iran Air 655 by the USS Vincennes in July 1988, or that the Iranians recruited the PFLP-General Command.

Later, when Mandela asked the Kirk to intervene in a “serious miscarriage of justice”, Cox pointed me to the unsafe forensics, the unlikely use of a long-range timer and the fact that the bomb entered the system at Heathrow.

My report for the Kirk was used by Al Jazeera in a documentary which left no doubt of Megrahi’s innocence. [RB: Dr Cameron's report and the Al Jazeera documentary are referred to here, at the text accompanying footnote 46.]

Sadly, Cox warned against any hope that the verdict might be reversed.

Lord Fraser, then our senior law officer, had admitted the key witness Tony Gauci wasn’t “the full shilling”, had been paid $3m by the US and that the trial was a farce, but “nobody wants this can of worms opened”.

Thursday 26 November 2020

Who made the bomb? The full truth about Lockerbie is still not being told

[This is the headline over a long report by David Horovitz published today on the website of The Times of Israel. It reads in part:]

Megrahi went to his grave protesting his innocence, and his family continues to fight to clear his name. This week, Scotland’s highest criminal court is hearing his relatives’ latest appeal against his conviction, after an independent review determined that he might have been the victim of a miscarriage of justice. Among other flaws, the defense is highlighting that the Maltese shopkeeper who identified Megrahi as the man who purchased the incriminating clothing in the suitcase, and whose evidence has always been controversial, was paid for his testimony, a fact that was not disclosed to the defense in the original trial.

I have followed the Lockerbie case since the time of the bombing, when I was working for The Jerusalem Post as its London correspondent, and when I happened to see material in the early stages of the investigation that pointed not to Col. Gaddafi’s Libya, but rather to Iran and the Palestinian terrorist organization PFLP-GC — the Popular Front for the Liberation of Palestine-General Command. Earlier in 1988, the US Navy’s guided-missile cruiser USS Vincennes had shot down an Iran Air Airbus in the Persian Gulf, killing all 290 passengers and crew, in a tragic case of mistaken identity. The US said it had misidentified the civilian airliner as a fighter jet. Iran had promised to avenge the deaths. Ayatollah Khomeini had vowed that the skies would “rain blood.” (...)

Just weeks before the Lockerbie blast, four devices strikingly similar to the one that would soon be utilized to such devastating effect on Flight 103 had been found in the possession of PFLP-GC members arrested in a Frankfurt suburb. That PFLP-GC cell was reported at the time to have been planning to blow up planes heading to the US and Israel. Its bombs, like those the PFLP-GC had used in the past, and like the Lockerbie device, were detonated by a barometric pressure device and timer, activated when a plane reaches a certain altitude. A fifth bomb in the Frankfurt cell’s possession was said to have disappeared; this was presumed to be the device that blew up Flight 103.

The Lockerbie investigators were initially following these leads; then they shifted their focus to Libya. In 2003, Gaddafi accepted responsibility for the bombing — though he denied ordering it — and paid compensation to the victims’ families, in accordance with UN demands for the lifting of sanctions on his country.

Almost seven years ago, a colleague of mine at The Times of Israel noticed that a man named Marwan Khreesat, a Jordanian national, maintained an Arabic-language Facebook page in which he had taken to posting pictures of the Lockerbie bombing. Khreesat was the PFLP-GC’s bombmaker-in-chief, the alleged maker of those barometric-pressure devices. He was one of those who was arrested by the German authorities in Frankfurt, only to be inexplicably released soon afterward. Now he was promising to reveal the truth about Lockerbie — to “write about Pan Am 103,” including “who was on the flight and the circumstances of the incident.”

In his posts, Khreesat also connected himself to the bombing of an El Al plane from Rome to Tel Aviv in 1972, describing that attack as “a challenge to the Israeli intelligence agents who are responsible for searching luggage and everything that goes on a plane.” The 1972 El Al bomb — another barometric-pressure device — had been hidden in a record player that two British women were duped into carrying by two Arab men who were later arrested. Although the bomb exploded, the pilot was able to make an emergency landing. “It was a successful blow against the Israeli enemy,” Khreesat wrote in a March 14, 2014, Facebook post, in which he also described spending time with PFLP-GC chief Ahmed Jibril in Rome as they waited for the attack to unfold.

In several 2013-4 Facebook posts relating to Lockerbie, Khreesat recalled his arrest two months before the bombing. He posted pictures of the destroyed cockpit of the 747 after the explosion, the painstakingly reconstructed parts of the plane wreckage, and a radio-cassette recorder like the one that held the bomb. He also asked a series of unanswered questions about the attack. “Who did the operation?” he mused in a post on the 25th anniversary of the blast. “Israel? Iran? Libya? Who carried the Toshiba explosive device [in which the bomb was hidden]?… Did the explosive device come from Malta airport like the American intelligence agencies say?… When will these riddles be solved.”

This week’s appeal by the Megrahi family was green-lighted by the Scottish Criminal Cases Review Commission in part because of “nondisclosure” of evidence to the defense team in the original trial. Some of that documentary evidence is widely reported to have been provided by Jordan’s late King Hussein and to not only to implicate the PFLP-GC in the Lockerbie atrocity, but to specify that Marwan Khreesat built the bomb.

On Friday, however, the head of the Scottish judiciary, Lord Carloway, ruled that the documents must still be withheld on the grounds of national security. Accepting a secrecy order signed by British Foreign Secretary Dominic Rabb [sic], Carloway explained, “[Rabb’s] clear view is [that the release of the documentation] would cause real harm to the national security of the UK because it would damage counter-terrorism liaison and intelligence gathering between the UK and other states… The documents had been provided in confidence to the government. Their disclosure would reduce the willingness of the state, which produced the documents, to confide information and to co-operate with the UK.”

All manner of conspiracy theories surround the Lockerbie bombing, some of which do not rule out the involvement of Libya and Megrahi, most of which revolve around the fact that nobody has been prosecuted for making the bomb, and many of which focus on the PFLP-GC and Marwan Khreesat.

Over the years, I’ve had the opportunity to raise the question of the Lockerbie bombing with several former Israeli intelligence figures, who were in office at the time of the bombing and well aware of the activities of the PFLP-GC at the time. Two of them insisted without elaboration that “Libya did it” and brushed away further questions. A third, by contrast, told me it was “clear that Jibril prepared the operation.”

Israel was “listening in” on the PFLP-GC during the months prior to Lockerbie, he said, and hearing about preparations for what “we thought was a plan to target an Israeli plane.” There was a “huge alert” in the Israeli security establishment because of indications that the PFLP-GC was about to strike, this source went on. “We told the British and the Americans what we knew, which was that there was an intention to hit an Israeli plane… We didn’t warn about a British or an American plane because we didn’t know that,” he said.

The new appeal hearing is expected to continue until Friday, with a ruling at a later date. “It is submitted in this case that no reasonable jury, properly directed, could have returned the verdict that it did, namely the conviction of Mr Megrahi,” the defense lawyer Claire Mitchell told the judges on Tuesday. But that argument will be harder to make without those “Jordanian” documents, which the defense has said are central to the appeal. If his relatives fail to have Megrahi’s conviction overturned, their allegation of a miscarriage of justice will linger.

Marwan Khreesat died in 2016.

His Facebook page is still online.

But he never did tell the truth about Lockerbie.