South Africa minister denies knowing of Lockerbie bomb

[This is the headline over a Reuters news agency report that was issued on this date in 1994. It reads as follows:]

Former South African foreign minister Pik Botha denied on Saturday he had been aware in advance of a bomb on board Pan Am Flight 103 which exploded over Lockerbie in Scotland in 1988 killing 270 people.

The minister confirmed through his spokesman that he and his party had been booked on the ill-fated airliner but switched flights after arriving early in London from Johannesburg.

He was travelling with South African officials to negotiate peace in Namibia and Angola.

Botha was reacting to a report in The Scotsman newspaper on Saturday which said a documentary film The Maltese Double Cross alleged Botha, now South Africa's energy minister, and security chiefs were warned of the bomb and did not travel.

"Had he known of the bomb, no force on earth would have stopped him from seeing to it that flight 103, with its deadly cargo, would not have left the airport," Botha's spokesman Roland Carroll told Reuters after consulting the minister. "The minister is flattered by the allegation of near omniscience."

Gerrit Pretorius, at the time Botha's private secretary, said the then foreign minister and 22 South African negotiators, including defence minister Magnus Malan and foreign affairs director Neil van Heerden, had been booked on flight 103. "But we...got to London an hour early and the embassy got us on to an earlier flight. When we got to JFK airport in New York a contemporary of mine said 'Thank God you weren't on 103. It crashed over Lockerbie'", Pretorius told Reuters.

Darroll said that South African diplomats in the United States were convinced at the time that Botha and his team were on flight 103. He said the flight from Johannesburg arrived early in London after a Frankfurt stopover was cut out. "Had we been on 103 the impact on South Africa and the region would have been massive. It happened on the eve of the signing of the tripartite agreements," said Pretorius, referring to pacts which ended South African and Cuban involvement in Angola and which led to Namibian independence.

British legislator Tam Dalyell said on Saturday he was going to screen the documentary on the bombing at the House of Commons after it was pulled out of a film festival for legal reasons.

The film by American Allan Francovich challenges the official British and US view that two Libyan agents alone planted a radio cassette bomb that killed everyone aboard the jumbo jet and 11 people in the small Scottish town. The Scotsman said the film claims the United States intelligence service CIA allowed Pan Am flights to be used for regular drug runs to gain leverage with Middle East guerrilla groups.

It said a former CIA agent says in the film he was asked to set up a 'dirty tricks' operation to implicate Libya in drug running. The paper said the bomb was unwittingly carried onto the flight from London to New York by suspected drug runner Khaled Jaafar, one of the 270 victims.

Extension of UN sanctions against Libya

[On this date in 1993 the United Nations Security Council passed Resolution 883 that extended the sanctions against Libya that had been imposed on 31 March 1992 by Resolution 748. What follows is excerpted from an article on the MEDEA website:]

On 11 November 1993, the Security Council imposed, by resolution 883, more sanctions: Libyan assets abroad should be frozen, with the exception of the revenues of oil exports, and export to Libya of some equipment for the oil and gas industry was prohibited; the offices of Libyan Arab Airlines abroad had to be closed and all help to Libyan civil aviation (sale of airplanes and spare parts, training of pilots…) was also prohibited. The US, who already severed commercial and economic links with Libya and froze Libyan assets in the US in 1986, widened so its sanctions to other countries in 1996. The US Congress went even further by voting the Iran-Libyan Sanctions Act under which sanctions would be imposed on foreign countries that invest more than 40 million $ a year in the Iranian or Libyan oil and gas industries.

While refusing to hand over the suspects, Libya was seeking a way out of the problem. Colonel Qaddafi in many occasions said that he would not oppose himself if the two decided, voluntarily, to hand over themselves and insisted constantly on a fair and honest trial, that would be impossible in Scotland or the United States. He proposed different other possibilities: a trial in Libya, the jurisdiction of the Arab League, an Islamic Tribunal in the UK or elsewhere and a trial in another, neutral country. His latest proposal was a trial in the Netherlands with Scottish judges under Scottish law.

Until 1998, the United States and the United Kingdom rejected all these proposals and wanted Libya simply to hand over the suspects to them.

In the meantime, Libya started proceedings before the International Court of Justice (ICJ) in The Hague which in February 1998 ruled that it had jurisdiction to hear the case and concluded that Libya’s application was admissible.

In August 1998, following the ruling of the International Court of Justice, the US and UK revised their stand and agreed to a trial in the Netherlands with a tribunal of Scottish judges. Consequently, the Security Council endorsed, on 27 August 1998, by resolution 1192 this new development and stated that all UN sanctions would be suspended as soon as the two Libyan suspects would be in the Netherlands.

[RB: UN sanctions against Libya were eventually removed on 12 September 2003 by Security Council Resolution 1506.]

Terrorist 'has alibi' for Lockerbie

[What follows is excerpted from the Lockerbie Trial Briefing Unit’s report on proceedings at the Zeist trial on this date in 2000:]

Today the court heard evidence from the convicted Palestinian terrorist, Mohammed Abu Talb. Talb is a 46-year-old Egyptian army deserter and was previously a member of the late Palestinian Peoples' Struggle Front (PPSF) since 1976. He is presently serving a prison term for bomb attacks against Jewish organizations. He was granted asylum in 1983 in Sweden and, before his criminal activities came to light, was granted citizenship. Prior to the indictment of the two accused, Talb was a chief suspect in the Pan Am bombing.

Earlier in the week Lord Sutherland had delayed his testimony in order to provide the defense more time to gather additional data and for his precognition.

Talb admitted to the court that he had been in Malta  about two months prior to the bombing but stated that he was at home in Sweden looking after his children at the time the device is alleged to have been prepared and deposited on the feeder flight. He was certain of the date as his wife's friend was in hospital giving birth and his wife was visiting her. The prosecution questioned him regarding his visit to Malta and were informed he was visiting a friend Mr. Abdu Salam, a baker. Further Talb claimed that a brother of his friend, Asham, provided him with clothing samples which he carried back to his home in Uppsala in Sweden.

Mr Taylor for the defence objected to the testimony branding Talb a "spoiler witness" called at this time to remove the force of the Defense's cross-examination which would have enjoyed more power once further evidence had been laid before the court. Mr Taylor made it clear to the court that he would be recalling Talb at a later date once further information has been collected. Questioned by Lord Sutherland as to when this may be, Bill Taylor replied:  "As long as it takes, your lordship. That's like asking, 'How long is a piece of string.'"

[RB: The Guardian’s report on Abu Talb’s testimony can be read here.]

President-elect Trump and Lockerbie

[President-elect Donald Trump has featured on many occasions over the years on this blog. The relevant posts can be read here. What follows is a sample from 13 February 2014:]

Wind farms like Lockerbie disaster - Donald Trump

[This is the headline over a report in today’s edition of The Scotsman.  It reads in part:]

Donald Trump sparked renewed outrage yesterday when he compared the development of wind farms in Scotland to the Lockerbie disaster.

On Tuesday, the billionaire tycoon announced that the Trump Organisation would be turning its back on Scotland and concentrating on developing a new course on the Republic of Ireland’s Atlantic coast.

The announcement came after Trump lost his legal challenge against the Scottish Government’s decision to give the go-ahead to an offshore wind farm in Aberdeen Bay which he claims will blight the view from his luxury golf resort at Menie, on the Aberdeenshire coast.

But yesterday, Trump sparked an angry backlash after renewing his attack on green energy schemes in Scotland in an interview with The Irish Times.

He told the newspaper: “Wind farms are a disaster for Scotland, like Pan Am 103. They make people sick with the continuous noise. They’re an abomination and are only sustained with government subsidy. Scotland is in the middle of a revolution against wind farms. People don’t want them near their homes, ruining property values.” (...)

Trump’s outburst was condemned by MSPs and relatives of the victims.

Susan Cohen, a New Jersey pensioner whose daughter Theodora, an aspiring actress, was 20 when she was killed in the disaster, said: “Obviously, there is no call for that. Donald Trump says many, many things here in the United States and I am, of course, appreciative of anyone who takes a tough stand on Lockerbie which he did at times.

“But, at the same time, I think that is an unfortunate choice of words. I wish he had not made that comparison. Lockerbie was a ghastly tragedy that destroyed many lives and is beyond comparison. It is one of the great and terrible events of man’s inhumanity to man and therefore it’s of an order where it should not be likened to anything.”

Joan McAlpine, the SNP MSP for the South of Scotland, claimed: “Even by Donald Trump’s standards, these comments are unbelievably crass and show a complete lack of respect to the families affected by the Lockerbie bombing – in the US, Scotland and across the world. He should withdraw them as a matter of urgency and apologise for any offence he has caused.”

Alison Johnstone, a Green Party MSP for the Lothians and member of Holyrood’s economy, energy and tourism committee, also hit out at the tycoon’s remarks. She said: “It’s grossly offensive to link renewables with the Lockerbie bombing. Mr Trump has already been reprimanded by advertising authorities for making such distasteful statements and he should apologise for his continued crass behaviour.” Ms Johnstone added: “He didn’t have a shred of evidence that renewables are bad for tourism when he was quizzed in parliament. Twelve-thousand people are now employed in renewables in Scotland, proving that Mr Trump knows nothing about the Scottish economy.”

In December 2012, Trump was accused of “sinking to a new low” and being “sick” for publishing an advert in Scottish newspapers which linked the government’s support of wind farms with the decision to release Abdelbaset al-Megrahi, the man convicted of the Lockerbie bombing.

The Scottish Green Party lodged a complaint with the Advertising Standards Authority over the controversial advert, published in two regional newspapers and urging the public to protest against First Minister Alex Salmond’s support for renewable energy.

Under the banner “Is this the future for Scotland?” the advert featured a picture of a huge wind farm in California and a photograph of the First Minister.

It stated: “Tourism will suffer and the beauty of your country is in jeopardy! This is the same mind that backed the release of terrorist al-Megrahi ‘for humane reasons’ – after he ruthlessly killed 270 people on Pan Am flight 103 over Lockerbie.”

The advert was condemned as “misleading” by the Advertising Standards Authority. (...)

[David Milne, a long-standing opponent of the Trump resort:]

Words have been used by Mr Trump on many occasions to accuse others of impropriety and inappropriate behaviour, with little in the way of evidence to support his claims. Having read the Court of Session decision by Lord Doherty, he obviously came to a similar conclusion about the evidence supplied by Mr Trump in that situation.

Unfortunately, grandiose words seem to have failed Mr Trump this time and his use of the Lockerbie bombing in comparison to wind turbines is not acceptable.

To diminish the suffering of the families of that event by trying to compare an international terrorist event that killed people of several nationalities with an attempt to protect and extend the environment of our planet is insensitive and ill considered. I am certain even some of his own supporters back in the USA will be shocked.

Campaigners present Lockerbie bomber inquiry case

[This is the headline over a report that appeared on the BBC News website on this date in 2010. It reads as follows:]

Campaigners calling for an inquiry into the conviction of the Lockerbie bomber have taken their case to Holyrood.

About 1,500 people have signed a petition by the Justice For Megrahi (JFM) group for an independent probe into Abdelbaset al-Megrahi's case.

Members of the group, including Dr Jim Swire, whose daughter Flora was killed in the 1988 atrocity, appeared before Holyrood's petitions committee.

He said it was "imperative" that the Scottish government opened an inquiry.

Mr Swire said the case had "deeply damaging effects" on the country's criminal justice system.

Megrahi remains the only person convicted of the bombing of Pan Am flight 103, in which 270 people were killed.

The Libyan was released from prison in Scotland in August last year on compassionate grounds when he was diagnosed with terminal cancer and thought to have three months to live.

The petition has already attracted the support of Cardinal Keith O'Brien, head of the Roman Catholic Church in Scotland, as well as Nobel Peace Prize winner Archbishop Desmond Tutu and Have I Got News for You? TV star Ian Hislop.

The witnesses appearing before MSPs also included Edinburgh University Emeritus Scots Law Professor Robert Black, an architect of the non-jury Lockerbie trial under Scots Law in the neutral Netherlands in 2000.

He has since called the verdict a "miscarriage of justice".

Megrahi dropped a second appeal against his conviction in the run-up to Scottish Justice Secretary Kenny MacAskill's decision to free him on compassionate grounds.

However, campaigners have said they could possibly try to pick up the appeal against conviction if he dies.

[On the same date Anne McLaughlin (then MSP, now MP) wrote the following on her blog:]

As a member of the Petitions Committee in Parliament I am particularly looking forward to tomorrow's meeting. We will hear evidence from Jim Swire, father of Flora who was one of the victims of the Lockerbie bombing. He'll be presenting evidence in support of his petition calling for an enquiry into the conviction of Megrahi. He'll do so alongside Professor Robert Black and Iain McKie, father of Shirley.

I've met Iain McKie a couple of times through previous work and found him to be both charismatic and inspirational. And of course Jim Swire has to be one of the most compassionate people ever. I don't know if they have a point in claiming that Megrahi is innocent. What I do know is that it would be all too easy (and understandable) for Mr Swire to accept Megrahi's guilt and put all of his negativity energy in that direction.

But he didn't accept it. He has been outspoken in his condemnation of the conviction and as you can see is campaigning for an enquiry into it. I guess it's important to him that they get the right person but how tempting must it have been to turn a blind eye and blame the man with the conviction?

The other thing that occurs to me is that tomorrow, as I imagine is always the case, he will give evidence and in the recesses of his mind will be this image of his daughter, his flesh and blood, a young woman with a zest for life who only got to live for 24 years. That pain must never leave him and for that reason I am in awe of him and have nothing but the deepest respect.

[RB: The petition (PE1370) remains open, and is now on the work programme of the Scottish Parliament’s Justice Committee.]

Permeated with failures to assuage reasonable doubt

[What follows is excerpted from a long commentary by Dr Jim Swire that first appeared on this blog on this date in 2010:]

Following some 18 months of official investigation immediately after the disaster, the finger seemed to point to Iran, seeking revenge, by using a Syrian terror group as mercenaries. having lost an airbus containing some 290 individuals shot down by a US missile cruiser six months before Lockerbie, the captain of the cruiser being presented with a medal following his return to the USA.

Then suddenly in late 1991 indictments were issued simultaneously in Edinburgh and Washington against two of Libya’s citizens.

There followed for the relatives years of hard work attempting to persuade Libya to allow the two to be tried under Scots law. These efforts were strongly supported by the then Professor of Scots at the University of Edinburgh, Robert Black QC and by Nelson Mandela, and many others, but involved multiple trips to talk to Colonel Gaddafi. The first of these was made by myself alone and in great fear, but two others were made jointly with Professor Black, who was himself the originator of the ‘Scottish court in a neutral country' concept.

Together with one other UK relative, I watched the whole of the evidence unfold at Zeist, and though only a layman, to my amazement as the case unfolded it seemed to me that the evidence was failing to support the involvement of either of the accused in the atrocity, let alone the island of Malta as the point of origin of the bomb. The second Libyan suspect, Mr Khalifa Fahima, was accused of conspiring with Mr Megrahi to cause the disaster but was found Not Guilty: a remarkable finding in view of the availability of the Scottish verdict of Not Proven.

Then came the evidence of a German forensic officer who explained to the court the nature of bombs found in the hands of a terror group, but not all confiscated, in Germany, two months before Lockerbie. He explained that the bombs were of Syrian provenance, from an Iranian linked terror group, the PFLP-GC in Damascus. He also carefully explained how these bombs, specifically designed to destroy aircraft in flight, were capable of introduction to an airport well in advance of their actual use. He explained too that put into an aircraft they would always explode between 35 and 40 minutes after take-off, by sensing the drop in air pressure, but that they were inert on the ground indefinitely. They were not adjustable. They came predicated always to explode 35-40 minutes after take-off.

Yet these devices could not have arrived by air from Malta as they would have exploded en route. From that point on, and knowing that the flight time for the Lockerbie aircraft had been 38 minutes, I found it hard to believe that Mr Megrahi, allegedly using a sophisticated digital timer from Malta, had risked his device passing through an Air Malta flight, changing planes at Frankfurt and then changing planes again at Heathrow, only to have it explode 38 minutes after take-off from Heathrow as the Lockerbie flight did. Why would he not set it to explode over mid Atlantic since the timing of the device he was alleged to have used was fully under his control? Why risk this devious route those two changes of airplane and so short a flight time out of Heathrow?

But the FAI had told us to assume that the bomb had been flown in from Frankfurt. What were the chances of a simple time-bomb from Malta happening to explode at just the same time after take-off from Heathrow as one of those described by the German forensic officer to the court would have been obligated to do? The hearings seemed permeated with failures to assuage reasonable doubt: a prerequisite supposedly for reaching a guilty verdict under Scots criminal law

There were great difficulties particularly surrounding the evidence given by Toni Gauci, a Maltese shopkeeper alleged to have sold a tranche of clothing later found at the crash site to Mr Megrahi, who he could only say ‘looked a lot like the buyer of the clothes’. The evidence of identification never looked to be of the standard required to incriminate the real perpetrator, yet it was the only supposedly secure proof of Mr Megrahi’s involvement in Malta, there being no evidence to lead as to how he was supposed to have breached security at Luqa airport on the island. Such difficulties and many others will be central to any inquiry into this trial.

It is significant that Professor Black has repeatedly stated that the events and evidence heard in the Zeist trial court itself present difficulties which should have ruled out a guilty verdict under Scottish criminal law, even without reference to events since the verdict was reached. Unlike my lay status, his is a powerful persuasive and professional voice claiming the need for the whole court process to be reviewed if we are to be certain whether justice was delivered for Mr Megrahi or not. Only a few others were prepared openly to express their doubts at first, but re-examination of the evidence and trial transcripts has increased doubts over the validity of the verdict for a number of highly qualified lawyers since. Gareth Peirce, one of Britain’s most respected human rights lawyers is an excellent example of this. Her article in the London Review of Books 'The framing of al-Megrahi' is well worth reading.

After three years of study the Scottish Criminal Case Review Commission (SCCRC) publicly stated that the trial might be a miscarriage of justice, massively increasing the doubts in the minds of many Scots both within and without our legal community.

Yet the current publicly expressed position of the Scottish Justice Minister and of our First Minister is that they have no doubts concerning the verdict. It is not apparent why they should be considered a more reliable source than the SCCRC, whose special task it is to decide such issues, and which spent so long in careful professional examination of this case.

The Goben memorandum

[What follows is taken from a report on the BBC News website on this date in 2000:]

Private talks are taking place as the defence team in the Lockerbie trial seeks more time to investigate new evidence.

The case was due to resume in open court on Tuesday but was delayed by a meeting in the judges' chambers. (...)

"The delay is now being caused by a hearing in chambers regarding letters of request," a spokesman for the Scottish court told reporters.

[RB: The principal letter of request sought by the defence related to the Goben memorandum. Part of a copy of this document had been disclosed to the defence, and they now sought the full version from the Syrian government (which in fact refused utterly to cooperate). The following is from a report in the Sunday Express on 8 July 2007:]

Documents viewed by the Sunday Express allege the plot began when a man named Mobdi Goben supplied material for the bomb to Hafez Dalkamoni, the leader of the PFLP-GC's European cell. He was then introduced to the alleged bomb maker Marwan Khreesat, by Elias, who has both Syrian and American passports.

Very little is known about Elias, but the defence insists he was paid in travellers' cheques by terror leader Dalkamoni in Cyprus, before he took delivery of the bomb in Frankfurt.  Elias was identified as the key suspect although it was never explored in court, even after documents about his role suddenly emerged during the trial.

The Goben Memorandum, said to have been written by a dying member of the PFLP-GC, was handed to the Lord Advocate detailing the group's activities and a confession about Elias. Elias was concerning the FBI before the bombing and was quizzed about cheques deposited in his bank. In August 1988 he met with agents, who knew he was Jibril's nephew. While the SCCRC said there is dubiety over whether Gauci had correctly identified al-Megrahi, documents show the shopkeeper had no such problems identifying Abu Talb.

[RB: The following is from an article by John Ashton in The Herald on 14 March 2012:]

Six months into Megrahi’s trial the Crown disclosed a transcript of a lengthy deathbed confession by Palestinian self-confessed terrorist Mobdi Goben. He claimed that the bombing was the work of his own group, Popular Front for the Liberation of Palestine–General Command (PFLP-GC), a Syrian and Iranian backed faction who were the original prime suspects in the bombing.

The defence interviewed a number of Goben’s relatives and associates who were seeking asylum in Norway, plus a man whom Goben had implicated in the bomb plot.

However, the court refused a defence motion to request further information from the Syrian, Iranian, American and Swedish governments, and the allegations were never raised at trial. Megrahi’s SCCRC submission argued that the Crown’s approach to the matter breached his right to a fair trial.

The SCCRC raised the matter with Megrahi’s junior counsel John Beckett, who said that the Goben evidence would have been difficult to use. It also had access to undisclosed Crown documents, which, in its view, contained nothing the defence didn’t already know. It concluded: the Commission does not consider that the Crown’s handling of matters concerning the Goben memorandum gave rise to a breach of the Crown’s obligations … Accordingly, the Commission does not consider that a miscarriage of justice may have occurred in this connection.

Goben’s claims remain unproven, but many who have studied the case, including the British Lockerbie relative Dr Jim Swire, continue to hold the PFLP-GC responsible for Lockerbie.

Mobdi Goben and PFLP-GC member, bomb-maker Marwan Khreesat, each implicated another group member, known as Abu Elias, in the bombing. (…)

A number of Megrahi’s unsuccessful submissions to the SCCRC referred to Abu Elias. Although the Commission could find no direct evidence of his involvement in the bombing, Abu Elias remains the prime suspect for many of those who doubt Megrahi’s guilt.

Megrahi and Libya “were made a scapegoat”

[On this date in 2008 The Times printed a “clarification”. What follows is part of the article by Tam Dalyell to which it related, followed by the clarification itself:]

My deep conviction, as a “professor of Lockerbie studies” over a 20-year period is that neither al-Megrahi nor Libya had any role in the destruction of Pan Am 103.

I believe they were made a scapegoat in 1990-91 by an American government that had decided to go to war with Iraq and did not want complications with Syria and Iran, which had harboured the real perpetrators of the terrible deed. Libya and its “operatives”, Al-Amin Khalifa Fhimah (al-Megrahi's co-accused) and al-Megrahi, only came into the frame at a very late date. In my informed opinion, al-Megrahi has been the victim of one of the most spectacular (and expensive) miscarriages of justice in history. (...)

Visiting him in prison, I was struck by his self-possession - a self-possession that had struck many people at his trial, possibly because it never occurred to him that he would be found guilty. It explains my passionate involvement over 20 years, as well as that of Robert Black, professor emeritus of Scots law at the University of Edinburgh. It was on our say-so that Libya ever surrendered its citizens to Scottish justice. Whatever happens to al-Megrahi, faced with advanced terminal cancer, the case will continue because on trial is the international reputation of Scottish justice and particularly of the Crown Office...

Almost the last thing that al-Megrahi said to me was: “Yes, of course I want to go back to Tripoli. I have my wife and my five children are growing up, but I want to go back an innocent man.”

Some of us are determined to find the truth and justice that we believe will find him innocent.

The clarification

In Tam Dalyell's article in last Saturday's Times “A civilised, caring man - not a mass murderer”, Mr Dalyell claimed that the prosecution in the Lockerbie case had lied to Lord Coulsfield, the High Court judge, when it told the trial court at Camp Zeist that it had full confidence in the evidence of the Maltese shopkeeper, Tony Gauci. Mr Dalyell's claim was based on reported comments made by a previous Lord Advocate, Lord Fraser of Carmyllie, that Mr Gauci was an unreliable witness who was “not the full shilling”. The present Lord Advocate has asked us to point out that Lord Fraser made it clear in 2005 that he did not have any reservations about any aspect of the prosecution, and had no aspersions to cast on Tony Gauci's evidence and, therefore, that there is no substance to the serious allegation in the article that the Crown had lied to the court about its confidence in the evidence of Tony Gauci.

[RB: It should be noted that there was, and could be, no denial that Lord Fraser of Carmyllie used the words attributed to him by Tam Dalyell.]