"No reasonable basis in trial court's judgment for its conclusion..."

What follows is an item originally posted on this blog on this date in 2009:

Lockerbie investigators to travel to Malta to seek new evidence

[From an article by David Lindsay in the online version of today's edition of The Malta Independent. The full article can be read here.]

A delegation from the Scottish Crown is due to travel to Malta in the very near future to “actively seek the consent for disclosure” of sensitive documents that could determine a the outcome of convicted Lockerbie bomber Abdul Baset Ali al-Megrahi’s appeal, the High Court in Edinburgh was told on Friday.

The delegation will be looking for previously undisclosed documents related to statements given by a friend of Maltese shopkeeper Tony Gauci, David Wright, who in 1989 raised concerns over Gauci’s identification of al-Megrahi.

The news comes amid arguments presented by al-Megrahi’s defence team, which contended evidence given by the potential witness in the Lockerbie bombing investigation could have undermined the prosecution’s case, but had never been presented in court or given to the defence team. (...)

Gauci claimed that on 7 December 1988 he had sold the former Libyan intelligence officer the clothes later found inside the suitcase holding the bomb that brought down Pan Am flight 103 over Lockerbie in Scotland, killing all 270 people aboard.

Al-Megrahi’s defence team argued on Friday that evidence given by a friend of Gauci, a certain David Wright could very well have scuttled the prosecution’s case but the evidence had never been presented in court or handed over to the defence team.

Wright was said to have approached the Maltese police in September 1989 and the officers in England in December with a statement contradicting Gauci’s evidence.

Defence counsel Maggie Scot argued that Wright had given a “remarkably” similar description to that used by Gauci to implicate al-Megrahi in the bombing of another unrelated sale made by Gauci at his family’s shop, Mary’s House in Sliema.

But Ms Scott argued that the details of Wright’s statement, which could contradict and possibly negate Gauci’s evidence, had never been presented in court and that the defence team had never even seen it.

Speaking in court on Friday, Ms Scott said, “Mr Wright gave statements to police in England saying he was a friend of Mr Gauci and that he had witnessed a transaction at Mr Gauci’s shop which bears a remarkable resemblance to the sale to the two men Mr Gauci described.”

Al-Megrahi’s defence is demanding that the previously undisclosed evidence it believes will help free their client be made available in time for the commencement of the appeal hearing, due to begin on 27 April.

Such evidence includes any documents related to Wright, as well as any documents showing Mr Gauci had been interested in a financial reward for his evidence.

Al-Megrahi’s lawyers are also asking for video footage of the identification parade in which Gauci had singled out al-Megrahi, as well as the details of those who had been selected to participate in the parade.

In addition to Malta, the Crown will also be approaching other foreign sources, but stressed some of the material being requested could have security implications in the respective countries should it be made public.

The call for documents related to Gauci’s interest in a financial reward for positively identifying al-Megrahi comes amid claims that Tony Gauci and his brother Paul were paid millions of dollars each by the US Federal Bureau of Investigation as a reward for their help in convicting al-Megrahi, claims the FBI vehemently denies. (...)

Al Megrahi was found guilty of the Lockerbie bombing in 2001 and although he lost a previous appeal against his conviction in 2002, the SCCRC in June 2007 referred the appeal back to court after it found six grounds that may have constituted a miscarriage of justice. Grounds mainly related to Gauci’s evidence.

In approving a new appeal, the Commission had found “there is no reasonable basis in the trial court’s judgment for its conclusion that the purchase of the items from Mary’s House took place on 7 December 1988” as Gauci had claimed. 

Although it had been proven that al-Megrahi had been in Malta on several occasions in the month in question, it had determined that 7 December 1988 was the only date on which he would have had the opportunity to make the purchases from Mary’s House.

New evidence given to the Commission concerned the date on which Christmas lights had been turned on in Tower Road, Sliema near Mary’s House. Taken together with Gauci’s evidence at the trial and the contents of his police statements, the date indicates that the purchase of the incriminating items had taken place before 6 December 1988 – when no evidence had been presented at trial to the effect that the al-Megrahi was in Malta before the date.

Yet more new evidence given to the Commission indicated Gauci, four days before the identification parade at which he picked out al-Megrahi, had seen a photograph of al-Megrahi in a magazine article linking him to the bombing. 

The Commission found that Mr Gauci’s exposure to the photograph, so close to the date of the identity parade, “undermines the reliability of his identification of the applicant at that time and at the trial itself”.

The Lockerbie Bomber play in Larbert

[The following is excerpted from an article published today on the website of The Falkirk Herald:]

Two local theatre groups will go head to head when Larbert’s Dobbie Hall [Main Street, Larbert FK5 4BL] hosts a popular drama festival this weekend.

On Sunday evening, the Falkirk District round of the Scottish Community Drama Association’s one-act play festival features plays from two talented local clubs (...)

Closing the festival are Tryst Theatre with The Lockerbie Bomber by Larbert writer Kenneth N Ross.

It’s an emotional and soul-searching drama about the Lockerbie disaster which claimed 270 lives when a jumbo jet crashed in the Scottish town in 1988.

The actors are Carol Clark, Jim Allan, Alan Clark, Rhona Law, Brian Paterson and Craig Murray. (...)

The evening starts at 7.30pm on Sunday [22 February]. Tickets £7 (concessions £4) are available at the door or by telephoning (01324) 624449.

[Here is a review of the play from May 2012.]

D & G Chief Constable talks about 1988 Lockerbie disaster

[What follows is taken from a report published today on the website of The Ellon Times:]

President [of Ellon Probus Club] Norman Davidson then introduced guest speaker George Esson CBE, a North-east ‘loon’ from Alford, who carved out a highly successful career in the police service.

From being a lowly beat policeman in Aberdeen, George rose to the level of chief constable for Dumfries and Galloway.

It was during his spell in charge at Dumfries that the Pan Am 103 disaster occurred over Lockerbie on December 22, 1988, resulting in the deaths of 259 passengers and 11 local residents.

As this incident occurred in the Dumfries and Galloway policing area, George was automatically in charge of all investigations into the crash cause.

Pan Am 103 had been en route from Frankfurt via London to Detroit and sabotage was suspected.

Detailed investigations and intensive liaison were carried out involving MI5, FBI and CIA and their German equivalents.

Painstaking forensic examination of everything found within many miles of the crash site was carried out and its origin traced.

Eventually sufficient evidence was gathered to allow the procurator fiscal to proceed with a prosecution.

All evidence pointed to the involvement of Libyan Abdelbaset al-Megrahi. [RB: “All evidence”? In mid-1990 reputable newspapers in the UK and the USA ran reports quoting sources within the investigation disclosing who the culprits were -- and it wasn’t Libya or Megrahi.]

At a specially-convened Scottish court at Camp Zeist in the Netherlands in 2001, all three sitting judges found Megrahi guilty of murder.

Subsequently, at an appeal hearing in 2002 five further law court judges unanimously also found him guilty. [RB: This old canard again. Here is the true position: "As far as the outcome of the appeal is concerned, some commentators have confidently opined that, in dismissing Megrahi’s appeal, the Appeal Court endorsed the findings of the trial court. This is not so. The Appeal Court repeatedly stresses that it is not its function to approve or disapprove of the trial court’s findings-in-fact, given that it was not contended on behalf of the appellant that there was insufficient evidence to warrant them or that no reasonable court could have made them. These findings-in-fact accordingly continue, as before the appeal, to have the authority only of the court which, and the three judges who, made them."]

The Pan Am investigation is subject to continued speculation on Megrahi’s involvement.

Prior to his retirement, George was awarded the Queen’s Police Medal (QPM) for his distinguished service in the police force.

Neither Libya nor Libyans were involved in this event

What follows is an item originally posted on this blog on this date in 2011:

Carlos the Jackal on Lockerbie and Libya

[What follows is from a website that I have just discovered. It bears to be a section from Carlos the Jackal's second book It Is Carlos's Turn to Talk.]

You’ll remember (...) nearly all the Western media stormed over how Libyan Abdelbaset al-Megrahi, who was supposedly the murderer of nearly 300 people in the plane crash after a "terrorist" bomb attack over Lockerbie town in Scotland on December 21, 1988, could be set free. And, they protested about his being saluted in his own country as a hero who they thought was a murderer.

Firstly, I would like to say that Libyan government does not have any connection with this event. Neither Libya nor Libyans were involved in this event from the beginning to the end. It is not a groundless defense, it is the definite truth. Indeed, neither Qaddafi likes me nor I like him. Because he was not honest and supportive to me. Do not think that I’m on the side of Libya as a favor. I'm just trying to express the truth for me. I’m on the side of Libya on this issue since all the Libyan people were attacked under the pretext of Lockerbie with prejudice.

First of all, Abdelbaset al-Megrahi who was imprisoned as the responsible one for this event was the security chief of Tripoli Airport. And, from diplomats to official representatives whoever came to Libya know him like I saw him many times when I was coming to or leaving Libya because he was the one organizing security there.

Similarly, al-Amin Khalifa Fhimah who was tried together with al-Megrahi in [the Netherlands] did not have any connection with this event. He was a station manager for Libyan Arab Airlines at Luqa Airport, Malta. After the judicial process, they let him go back to Libya as his innocence was proved.

But, why was Abdelbaset al-Megrahi given a hero’s welcome when he landed in Libya? He was welcomed like that because he is really a hero, a real hero!

This can be asked: Why did Libya admit that they had responsibility for this event? They did so since they noticed that FBI's evidence that was just "invented" and full of nonsensical things would probably be a pretext for an American attack against Libya. In order to stop this, Abdelbaset al-Megrahi accepted to be tried in [the Netherlands] for of a crime he had never committed. He sacrificed all his life for the sake of Libya, for the good of Ummah and for this duty given by Libyan government. I think, he is a person to be respected by Ummah for his unique bravery. Libya’s being a tribal state cannot overshadow the greatness of this self-sacrifice. You know, since he was seriously ill, he was sent to his country. Although this can be seen as the primary reason for setting him free, another reason behind his release is that Scottish Criminal Justice had new evidence that Libyans were not connected with the bombs used in the attack.

Did the USA not know who and which countries actually organized this operation? Of course, they did. They knew that Libya or Libyans were not responsible, and they also knew the countries behind the attack, but America was afraid of confronting and fighting them. Therefore, they tried to respond by assailing and accusing Libya. At last, Libya got rid of them by sacrificing those heroes and unfortunately by accepting to pay a huge amount of compensation, that is, three billion dollars.

The Scottish lawyer Eddie McKechnie who had defended these Libyans in [the Netherlands] is my lawyer as well. In 2003, he came from Scotland only to visit me in prison. I told him about everything I knew about this issue. We talked from morning till evening and I sent my greetings to his Libyan clients thanks to him.

To underline this issue again, I swear that Libya is not responsible for this attack. Besides, although the USA knew this truth better than anybody, they made up a story and laid the blame at Libya’s door. Because, it was against their interests to talk about the truth. Why? Because, there were high-ranking intelligence officers from the CIA station in the Middle East on that plane, and they all died. Those agents were manipulating some drug smugglers and having covert relationships with them for intelligence and other operations. It was a complicated issue for America which could not be explained. What’s more, the USA was one of the responsible ones of the incident. They were used by the men who they had wanted to make use of and were trapped due to their foolishness. But I want to say something, if Libya can press for the issue in a clever way, not only will the crimes of the USA come to the fore, but also Libya will be able to get back the three billion dollars paid as compensation. This crime of the USA is not only against Libya, but also against all of humanity. It is an unheard-of justice scandal and a political complot organized shamelessly. That’s what I can say about this issue.

Destroying Libya

[What follows is excerpted from this week’s syndicated column by US political columnist and cartoonist Ted Rall:]

Barack Obama destroyed Libya.

What he did to Libya is as bad as what Bush did to Iraq and Afghanistan. He doesn’t deserve a historical pass.

When Obama took office in 2009, Libya was under the clutches of longtime dictator Colonel Muammar Gaddafi. But things were looking up.

Bush and Gaddafi had cut a deal to lift Western trade sanctions in exchange for Libya acknowledging and paying restitution for its role in the bombing of Pan Am flight 103 over Lockerbie, Scotland. In a rare triumph for Bush, Libya also agreed to give up its nuclear weapons research program. Libyan and Western analysts anticipated that Gaddafi’s dictatorship would be forced to accept liberal reforms, perhaps even free elections and rival political parties, in order to attract Western investment.

Libya in 2009 was prosperous. As citizens of a major oil- and natural gas-exporting nation, Libyans enjoyed high salaries, low living expenses, generous social benefits, not to mention law and order. It seems like a mirage today.

Looking back, many Libyans miss their former tyrant. “Muammar Gaddafi inherited one of the poorest nations in Africa,” notes Garikai Chengu of the Du Bois Institute for African Research at Harvard University. “However, by the time he was assassinated, Libya was unquestionably Africa’s most prosperous nation. Libya had the highest GDP per capita and life expectancy in Africa and less people lived below the poverty line than in the Netherlands.”

As a dictator, Gaddafi was guilty of horrendous human rights abuses. But life was better then than now. Women enjoyed more rights in Libya than in any other Arab country, particularly after the United States overthrew Saddam Hussein in Iraq. By regional standards, Libya was a relatively sweet place to live. (...)

Obama threw Gaddafi, whose regime was secular and by all accounts had been cooperative and held up his end of the deals with US, under the bus.

American forces jammed Libyan military communications. The US fired missiles to intercept Libyan missiles fired at rebel targets. The US led numerous airstrikes against units loyal to Gaddafi. US intervention turned the tide in favor of the Benghazi-based rebels.

In October 2011, one of Obama’s killer robot drones participated in Gaddafi’s assassination. Game over.

Before invading Iraq, then Secretary of State Colin Powell warned Bush about his “Pottery Barn rule“: if you break it, you own it.

Obama has broken the hell out of Libya.

Pass the parcel over who should call an inquiry

What follows is an item originally posted on this blog on this date five years ago:

A deep shadow

[This is the headline over my most recent column in the Scottish lawyers' magazine The Firm. It reads as follows:]

Despite willingness expressed by both the Scottish and UK Governments to hold an inquiry into the Lockerbie debacle, neither has initiated one, and each appear to expect the other to do so. Professor Robert Black QC says the complicated comedy of manners and faux fidelity hides the knowledge of both that the actings of their legal advisers are fatally compromised.

Abdelbaset al-Megrahi abandoned his appeal because he thought it would maximise his chances of being allowed home to Libya to die (by keeping open the possibility of prisoner transfer). In fact, what Kenny MacAskill did was to release him on compassionate grounds, a procedure which, unlike prisoner transfer, does not require that there be no live legal proceedings. But Mr Megrahi had no way of knowing that this was the way that the Cabinet Secretary for Justice would jump.

The abandonment of the appeal did not signify that he now accepted the justness of his conviction. Far from it. In the statement released on his departure he said: “I had to sit through a trial which I had been persuaded to attend on the basis that it would have been scrupulously fair. In my second, most recent, appeal I disputed such a description. I had to endure a verdict being issued at the conclusion of that trial which is now characterised by my lawyers, and the Scottish Criminal Cases Review Commission, as unreasonable. To me, and to other right thinking people back at home in Libya, and in the international community, it is nothing short of a disgrace.”

So the concerns about the conviction felt by many, including the SCCRC, remain. Until those concerns are officially addressed a deep shadow will hover over the Scottish criminal justice system, both domestically and internationally. It is blindingly obvious that the shadow can now best be removed by the establishment of an independent inquiry into the whole circumstances of the Lockerbie disaster.

The Scottish Government says that it favours an inquiry, but that it should be set up by the UK Government. The UK Government says that since all the legal proceedings relating to Lockerbie were under Scottish jurisdiction, any inquiry must be a matter for the Scottish Government. It is difficult to disagree with the following passage from an editorial in The Herald on 25 October 2009: “Yesterday the British and Scottish Governments continued to play pass the parcel over who should call an inquiry. UK Foreign Secretary David Miliband said it was a matter for the Scots because 'that’s the way our system works', while a Scottish Government spokesman insisted that any inquiry had to be convened 'by those with required powers'. The telephone has been in common use in Britain for more than 100 years. It is not beyond the wit of ministers in London and Edinburgh to agree on the format, structure and remit of a Lockerbie inquiry that hopefully would answer some remaining questions without turning into the open-ended Bloody Sunday-style affair.”

If neither government is opposed to an inquiry, but only at odds about who should convene it, why has the problem not been resolved (as it was in relation to Stockline) by setting up a joint inquiry under section 32 of the Inquiries Act 2005? Could the answer be the legal advice that both governments are receiving?

If the possibility of holding a public inquiry were to be discussed within the Scottish Government, from whom would the Scottish Ministers seek advice on the legal aspects of any such enterprise? From their principal legal adviser, the Lord Advocate. If such an inquiry were to be set up, one of the issues at the forefront of its terms of reference would have to be the conduct of the prosecution before, during and after the Lockerbie trial. Who is the head of the Scottish prosecution system? The Lord Advocate, of course.

If the possibility of holding a public inquiry were to be discussed within the UK Government, from whom would UK Ministers seek advice on the Scottish legal aspects of any such enterprise? From their principal Scottish legal adviser, the Advocate General for Scotland. Who was it who in the recent appeal fought valiantly and successfully to keep documents out of the hands of Megrahi’s legal team? The Advocate General for Scotland, of course.

Just the teensiest suspicion of a conflict of interest here, perhaps?

[RB: And five years later the conflicts of interest continue.]

The late Arnaud de Borchgrave and Lockerbie

[Arnaud de Borchgrave died on Sunday, 15 February 2015. Obituaries are to be found in The Washington Times, The New York Times and The Guardian. His contribution to the Lockerbie affair is recorded in the following two items on this blog:]

Friday, 1 January 2010

Gadhafi admitted it!

This is the subject-heading of an e-mail sent by Arnaud de Borchgrave to Frank Duggan and copied by the latter to me. It reads as follows:

"As Gaddafi explained it to me, which you are familiar with, it was indeed Iran's decision to retaliate for the Iran Air Airbus shot down by the USS Vincennes on its daily flight from Bandar Abbas to Dubai that led to a first subcontracting deal to Syrian intel, which, in turn, led to the 2nd subcontract to Libyan intel. As he himself said if they had been first at this terrorist bat, they would not have put Malta in the mix; Cyprus would have made more sense to draw attention away from Libya."

According to Arnaud de Borchgrave, Gaddafi made the admission, off the record, in the course of an interview in 1993. His published account [28 August 2009] reads:

"Megrahi was a small cog in a much larger conspiracy. After a long interview with Gaddafi in 1993, this editor at large of The Washington Times asked Libya's supreme leader to explain, off the record, his precise involvement in the bombing of Pan Am Flight 103, which killed 270 over Lockerbie, Scotland, on Dec. 21, 1988, and for which Libya paid $2.7 billion in reparations. He dismissed all the aides in his tent (located that evening in the desert about 100 kilometers south of Tripoli) and began in halting English without benefit of an interpreter, as was the case in the on-the-record part of the interview.

"Gaddafi candidly admitted that Lockerbie was retaliation for the July 3, 1988, downing of an Iranian Airbus. Air Iran Flight 655, on a 28-minute daily hop from the Iranian port of Bandar Abbas in the Strait of Hormuz to the port city of Dubai in the United Arab Emirates on the other side of the Gulf, was shot down by a guided missile from the Aegis cruiser USS Vincennes. The Vincennes radar mistook it for an F-14 Tomcat fighter (which Iran still flies); 290 were killed, including 66 children. A year before, in 1987, the USS Stark was attacked by an Iraqi Mirage, killing 37 sailors. The Vincennes skipper, Capt. William Rogers, received the Legion of Merit, and the entire crew was awarded combat-action ribbons. The United States paid compensation of $61.8 million to the families of those killed on IR 655.

"Gaddafi told me, 'The most powerful navy in the world does not make such mistakes. Nobody in our part of the world believed it was an error.' And retaliation, he said, was clearly called for. Iranian intelligence subcontracted retaliation to one of the Syrian intelligence services (there are 14 of them), which, in turn, subcontracted part of the retaliatory action to Libyan intelligence (at that time run by Abdullah Senoussi, Gaddafi's brother-in-law). 'Did we know specifically what we were asked to do?' said Gaddafi. 'We knew it would be comparable retaliation for the Iranian Airbus, but we were not told what the specific objective was,' Gaddafi added.

"As he got up to take his leave, he said, 'Please tell the CIA that I wish to cooperate with America. I am just as much threatened by Islamist extremists as you are.'

"When we got back to Washington, we called Director of Central Intelligence Jim Woolsey to tell him what we had been told off the record. Woolsey asked me if I would mind being debriefed by the CIA. I agreed. And the rest is history."

On the assumption that this account of an off-the-record conversation in 1993 is accurate, it in no way affects the wrongfulness of the conviction of Abdelbaset Megrahi. As I have tried (without success) to explain to US zealots in the past, the fact -- if it be the fact -- that Libya was in some way involved in Lockerbie does not entail as a consequence that any particular Libyan citizen was implicated. The evidence led at the Zeist trial did not justify the guilty verdict against Megrahi. On that basis alone his conviction should have been quashed had the recently-abandoned appeal gone the full distance. That conclusion is reinforced (a) by the material uncovered by the Scottish Criminal Cases Review Commission and (b) by the material released on Mr Megrahi's website.

Saturday, 2 January 2010

Reaction to "Gadhafi admitted it!"

[The following comment on the "Gadhafi admitted it!" thread comes from Peter Biddulph. It was too long to be posted directly as a comment on that thread.]

The timing of this information is most strange.

According to Wikipedia and other sources, Arnaud de Borchgrave appears to have an impeccable background. According to him, the CIA debriefing arranged by Woolsey took place in 1993.

But I am informed by an expert on these matters that Gaddafi never, repeat never, was without at least one armed personal bodyguard. To be alone with an American journalist with many contacts in Washington would be, for Gaddafi, impossible.

And if this information was known in 1993, why on earth did the CIA, the FBI and the Scottish Crown office not know of it in the next seven years leading up to the trial?

Why was de Borchgrave not invited to be deposed or give evidence to the Lockerbie trial, or even an affidavit?

It might be said to be hearsay, and therefore not admissible in court.

But several hearsay issues and affidavits were extensively investigated by the court, notably the Goben Memorandum, and the account of the interview of bomb maker Marwan Khreesat by FBI Agent Edward Marshman. Even a hearsay account that Gaddafi confessed to the crime would have cast serious doubt on al-Megrahi's defence.

The original 1991 indictment could have been varied to reflect the latest knowledge. Indeed, the final version of the indictment was agreed by the US Department of Justice and the Scottish Crown Office in 2000, only three weeks before the trial commenced.

If the FBI did know it, why did they not mention any of this in a May 1995 Channel 4 discussion following the screening of the documentary The Maltese Double Cross? Buck Revell of the FBI became quite intense in answering Jim Swire's questions and those of presenter Sheena McDonald. But he said not a word about the Gaddafi "confession". Why?

Also, how come Marquise - as he says himself "Chief FBI Investigator of the Lockerbie bombing" - was not aware of it in the seven years leading up to the 2000 trial or the nine years since? That is, sixteen years of ignorance?

And why did CIA Vincent Cannistraro himself not mention it when interviewed on camera on at least two occasions in 1994 by Alan Francovich for the documentary film The Maltese Double Cross?

As head of the CIA team investigating Libya, Cannistraro would be the first to be briefed by the Langley central office. He was happy to provide hearsay evidence to the media and film camera against Oliver North and any Libyan or Iranian that got in his way. He spoke at length about green and brown timer boards, and potential witnesses.

To relate on camera the Gaddafi "confession" would have been greatly to Cannistraro's advantage, a slam-dunk in the public mind. Indeed, even a hint in the media would have ham-strung al-Megrahi’s defence before proceedings commenced.

But between 1993 and 2009 from Cannistraro not a word. And when it comes to America's interests, the CIA never follow Queensberry rules.

CIA [officer] Robert Baer too, as a Middle Eastern specialist has given no hint of this. Such information would surely have come within the "need to know" category. Yet he has maintained on two occasions that Iran commissioned the job and paid the PFLP-GC handsomely two days after the attack. His conclusion suggests strongly that the so-called fragment of the bomb was planted.

The real reasons for this late announcement, we believe, are as follows:

1. It is well known among those who study these things in the field that there are two candidates shortly to succeed Gaddafi. His son Saif, and his son-in law Sennusi. Meanwhile Sennusi is not top of the pops with Arab leaders in the region. They would love it if he were out of the frame. The Borchgrave revelation discredits Sennusi perfectly.

2. The SCCRC is shortly to publish information which some believe will cause serious embarrassment to the FBI And CIA. The Borchgrave email is huge smoke and mirrors, a spoiler.

It all looks highly suspicious. Just another carefully crafted phase in a long, long history of disinformation.

CIA evidence 'clears Libya' of Lockerbie

[This is the headline over an article published in the Sunday Herald on this date in 2002. It reads as follows:]

Megrahi's appeal team ignored 'evidence' from key CIA investigator that claims Iran was behind PanAm 103 bombing

One of the CIA's leading Lockerbie bomb investigators has come forward with compelling evidence that Libya was not behind the downing of PanAm 103 which killed 270 people.

Robert Baer, a retired senior CIA agent, offered to meet the defence team leading the appeal of Abdelbaset Ali Mohmed Al Megrahi, who was convicted last year of the bombing. However, his offer was not accepted and the new evidence never raised in court.

The new evidence, according to Baer, shows Iran masterminded and funded the bombing; implicates the Palestinian terrorist unit, the Popular Front for the Liberation of Palestine-General Command (PFLP-GC), as the group behind the plot; and reveals that just two days after the December 21 1988 bombing the PFLP-GC received $11 million (£7.6m), paid into a Swiss bank account by Iran.

Legal experts say the new evidence should have been brought before the court, and are asking why Megrahi's defence didn't take up the offer.

Megrahi's appeal, which took place at a special Scottish court sitting at Camp Zeist in Holland, adjourned on Thursday for judges to consider whether to overturn the original verdict.

Baer claims he is breaking his silence now because of growing disillusionment with the CIA's counter-terrorist operations and the war on terror.

Baer, an anti-terrorist specialist, was one of the key CIA officers investigating Lockerbie. He says the CIA received definitive evidence that the PFLP-GC struck a deal with Iranian intelligence agents in July 1988 to take down an American airliner.

Baer also has details of an $11m payment made to the PFLP-GC. On December 23 1988 the money was paid into a bank account used by the terror group in Lausanne, Switzerland. It was transferred to another PFLP-GC account at the Banque Nationale de Paris and moved to the Hungarian Trade Development Bank.

A terrorist linked to the PFLP-GC, Abu Talb, who was later jailed for terrorist offences in Sweden, was also paid $500,000 (£350,000). The money went into an account in Talb's name in Frankfurt four months after the bombing, on April 25 1989.

Germany was a key base for the PFLP-GC in the late 1980s. Baer has the number of at least one of these bank accounts.

Talb and the PFLP-GC were to have been implicated by lawyers working for Megrahi and his co-accused, Al Amin Khalifa Fhimah, at the original trial, but little evidence was ever raised to show they were part of the Lockerbie plot.

On legal advice Baer is not disclosing his Lockerbie records, but the Sunday Herald has seen CIA paperwork that supports his claims. British and US intelligence have always publicly denied that the PFLP-GC played a part in the Lockerbie plot, saying raids by German police two months before the Lockerbie bombing took the terror group out of action.

Baer says, however, that these arrests were a mere hiccup in PFLP-GC plans as other members of the German unit rem ained at large. This theory also fits with claims that the bomb began its journey in Frankfurt, rather than Malta, where Megrahi was based.

PFLP-GC leader Hafez Dalkamoni and the group's chief bomb-maker, Marwan Khreesat, were arrested in Germany in October 1988 in possession of a Toshiba radio-cassette player containing a bomb. PanAm 103 flew from Frankfurt and was destroyed by a bomb built inside a Toshiba radio-cassette.

Timers matching the one used in the Lockerbie device were sold to both Libya and the East German secret service, the Stasi, which had close links to the PFLP-GC. 'I don't know what components the bomb contained,' Baer said, 'but there was very reliable information from multiple sources that (the PFLP-GC) were running around between East and West Germany and Sweden, trying to get the operation back on track. It's conceivable that the Stasi supplied components during a trip to East Germany.'

Baer said the components for the bomb were supplied by a terrorist known as Abu Elias, who was for a time the CIA's prime suspect but was never caught. 'He was the big centre of the investigation, but he was very elusive,' Baer said. Khreesat and Dalkamoni were on their way to meet Abu Elias when they were arrested in Germany. Abu Elias was a close associate of Abu Talb. Both lived in Sweden. [RB: More about Abu Elias can be found here and here.]

Talb had made a trip to Malta just weeks before the Lockerbie bombing. Clothes from a shop in Malta were packed in the suitcase which contained the PanAm 103 bomb.

Baer also claims the CIA has irrefutable intelligence that Talb and Dalkamoni were Iranian agents and were on a government roll of honour for their services to the 'Islamic revolutionary struggle against the west'. Baer added: 'Although it was not specific, Dalkamoni's citation praised him for achieving Iran's greatest- ever strike against the west'.

Iran had vowed 'the skies would rain with American blood' after a US battle cruiser, the USS Vincennes, accidentally shot down an Iranian Airbus over the Persian Gulf, killing 290 people, six months before the Lockerbie bombing.

'It doesn't take a genius to figure out where the $11m came from,' says Baer. He added that 'the information [would] be useful to the defence as much of it was of a type that would be admissible in court. Once the investigators had the timer evidence, which seemed to point to Libya, they stopped pursuing other leads -- that's the way most criminal investigations work. People sleep better at night if they think they have justice. Who wants an unsolved airplane bombing?'

Edinburgh University law professor Robert Black, the architect of the Lockerbie trial, said of Megrahi's defence not seeking to interview Baer: 'I don't know why they would act like this. Real hard evidence of a money transfer from Iran to the PFLP-GC is so supportive of the alternative theory behind the bombing that I'm at a loss to explain their actions.

'At the very least, you would interview the source of the information and make a decision once you have spoken to him. A lawyer's job is to provide a belt-and-braces defence for his client, so to refuse to even meet with Baer requires a lot of explaining.'