Politics has obstructed justice for victims of the Lockerbie bombing

[This is the headline over an article by Kim Sengupta published today on the website of The Independent. It reads in part:]

The appearance of Agila Mohammad Masud al Marimi in an American court last month after being held captive in Libya has been portrayed as a vital breakthrough in the long pursuit of justice in the Lockerbie bombing.

It is nothing of the kind. It is, instead, continuation of a course of action which had resulted in a shameful miscarriage of justice; one which brings us no nearer to establishing the truth about the terrible atrocity in which 270 people were killed when their Pan Am flight was blown up just before Christmas in 1988.

The Libyan government – such as it is in the currently fractured country – has ordered an investigation into the abduction of the 71-year-old man from his home in Tripoli by a militia before he turned up in the US. The country’s attorney general did not issue an arrest warrant, and says the handover to American authorities is likely to have been illegal.

The “confession” that he was the Lockerbie bombmaker which Masud – a former Gadaffi regime agent – allegedly made to Libyan officials after he was seized in Libya a decade ago, has long been considered dubious by many with knowledge of the bombing and its subsequent investigation.

The US Secretary of State Antony Blinken insisted that the rendition of Masud was the “product of years of cooperation between US and Scottish authorities and the efforts of Libyan authorities over many years.” Officials in Washington have refused to furnish any details of how the transaction took place.

But it is not just possible abuse of procedure which is the main issue in this. The prosecution of Masud is predicated on the narrative that Abdelbaset al-Megrahi, a Libyan, was responsible for the attack.

But many of those closely involved in the case are convinced that his conviction, by a Scottish court, was fundamentally unjust, should have been overturned and have been campaigning for this over the years.

I saw Megrahi in the winter of 2011 in Tripoli, where he had been sent from his prison in Scotland after being diagnosed with terminal cancer. He was lying in bed attached to a drip, oxygen mask on his skeletal face, drifting in and out of consciousness. The medicine he needed had been plundered by looters in the chaotic aftermath of the fall of the Gaddafi regime; the doctors treating him had fled.

The vengeful pursuit of Megrahi, the feeling that he had escaped justice by failing to die in a cell, persisted among those who were adamant that he was guilty. He was faking his illness, they claimed right until his death; there were demands that the post-revolutionary Libyan government should arrest and send him back to Scotland or on to the US.

Megrahi died a few months later.

Members of some of the bereaved families in the bombing have long been convinced that his conviction was wrong. Dr Jim Swire, who lost his daughter, Flora was clear: “I went into that court thinking I was going to see the trial of those who were responsible for the murder of my daughter. I came out thinking he had been framed. I am very afraid that we saw steps taken to ensure that a politically desired result was obtained.”

I reported from the specially constituted Scottish court at Camp Zeist in the Netherlands, where Megrahi and his fellow Libyan defendant, Lamin Khalifa Fhimah, were tried and the flaws in the prosecution case became apparent very early.

The two men were charged with what amounted to joint enterprise, yet Megrahi was found guilty and Fhimah was freed. The prosecution evidence was circumstantial and contradictory. Key prosecution witnesses were shaky under cross-examination.

The evidence of a supposedly prime “CIA intelligence asset”, Abdul Majid Giaka (codename “Puzzle Piece”) – who turned up in court wearing a drag queen’s costume in an attempt to hide his identity – was widely ridiculed. It emerged later that important evidence had not been passed to the defence lawyers by the Crown.

There was scathing criticism from international jurists about the proceedings. Professor Hans Köchler, a UN appointed [observer], described them as an “inconsistent, arbitrary and a spectacular miscarriage of justice”. The Scottish Criminal Cases Review Commission subsequently identified six grounds where it believed “a miscarriage of justice may have occurred”.

Cynical realpolitik had played a key role in the prosecution. Both British and American officials initially claimed that Iran commissioned the attack on the Pan Am flight using the Palestinian guerrilla group PFLP (GC), based in Damascus, in retaliation for the shooting down of an Iranian airliner by the US.

That changed suddenly, however, after the first Gulf War when Syria joined the US sponsored coalition against Saddam Hussein: the same Western officials now held that Libya was the culprit state.

Colonel Gadaffi’s regime eventually paid out (...) compensation to the families of the victims; but that was seen by those unconvinced by the new theory as one just of the deals which, at the time, brought him back into the international fold.

An appeal to clear Megrahi’s name, backed some of the bereaved families and eminent lawyers, was turned down by the Appeal Court in Edinburgh in 2015 because the law was “not designed to give relatives of victims a right to proceed in an appeal for their own or the public’s interest”.

The US case against Masud is that he had colluded with Megrahi and Fhimah to carry out the bombing. It is claimed that he met the two men in Malta with the bomb which went on to the hold of the Pan Am plane through a connecting flight.

But, as we know, Fhimah was acquitted by the Lockerbie court, where the prosecution had insisted that he and Megrahi were the two bomb plotters in Malta.

Robert Black, KC, an eminent law professor born in Lockerbie who played a key role in organising the Camp Zeist trial, and subsequently became convinced that there had been a miscarriage of justice warned back in 2013 that British officials were trying to retrospectively manipulate information implicating Masud and buttressing the case against Megrahi. “It looks like the Crown Office is trying to shore up the Malta connection, which is pretty weak,” he said.

Much of the information implicating Masud as being linked to Megrahi is coming from a former Libyan security official called Musbah Eter, who the FBI has been interviewing.

Eter has had a chequered life. He was convicted of the bombing of the La Belle nightclub in Berlin in 1986; an attack which prompted Ronald Reagan to bomb Libya, with some of the warplanes flying from British bases. A German TV investigation subsequently revealed that Eter was a CIA “asset”.

We do not know why it took him more than two decades to come forward with the Lockerbie information, or what influence his relationship with US intelligence played in this.

As well as Masud, the Americans hold that Abdullah al-Senussi – who was both Muammar Gaddafi’s chief of intelligence and his brother-in-law – is involved in the bombing. He is in prison in Libya, and may also end up in the US.

We will see Masud, and probably Senussi as well, end up facing Lockerbie charges at a court, and we may yet see another CIA operative – Eter this time – doing a court turn in a drag queen’s wig. None of this, however, will bring us nearer to knowing the truth about the terrible Lockerbie massacre.

[RB: Further pieces on the Lockerbie case by Kim Sengupta can be accessed here.]

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. 

Governments must let families of victims know who they believe carried out Lockerbie atrocity

[This is the headline over a letter from Dr Jim Swire published yesterday in the Belfast Telegraph. It reads as follows:]

I am grateful to Kim Sengupta for his article (Saturday Review, December 29). Like Kim, I was privileged to meet Baset Al-Megrahi in Tripoli just before his death in 2012, by which time we had become good friends. Years before, I had met him while he was in prison at Greenock in Scotland for a crime I knew he had not committed.

Kim's article mentions many who were sufficiently involved to become convinced, like myself and Fr Keegans, that this man had been wrongly convicted.

For those of us relatives who know this to be the case, it adds sorely to the burden of bereavement to know that those with the authority, power and knowledge to overturn this verdict, simply will not thus far act.

We, the direct relatives, surely have the right to know the truth as to all that our governments know about the real perpetrators and why the atrocity at Lockerbie was not prevented.

I promised Megrahi's family I would do all I could to free them from the burden of the epithet of "the Lockerbie bomber's family". I also met Scottish Justice Secretary Kenny MacAskill just before Megrahi's release, when I was able to beg him to let a man I knew to be innocent be free to go home to die among his family. He has since admitted he is not happy with aspects of the evidence used against Baset.

Unfortunately, the Scottish High Court has ruled that we relatives of some of the victims have no locus to request further review of the evidence through a fresh appeal. It is to be fervently hoped that 2019 will see Megrahi's family granted a further full appeal.

It is not that there is nicely balanced evidence for and against the verdict: there is now an overwhelming preponderance of material which confirms that Megrahi was not involved, but that failures in the way warnings were handled by the Thatcher government of the day - and at Heathrow, in particular - allowed the bomb to be ingested there.

Like Baset, Air Malta and Frankfurt airport need to be excluded from blame. Let's admit we got it disastrously wrong and plan for a safer future.

There are good reasons to believe that the conviction of Megrahi was a shameful miscarriage of justice

[What follows is excerpted from an article by Kim Sengupta published today on the website of the Belfast Telegraph (and a week ago behind a paywall on the website of The Independent):]

Abdelbaset al-Megrahi 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.

This was in Tripoli in the winter of 2011, in the turmoil of Libya's civil war and the chaotic aftermath of the fall of Muammar Gaddafi. It was a time of great violence. A dozen bodies were piled up beside a roundabout a half-mile from where I had seen Megrahi lie slowly dying. They were corpses of black men, lynched by the rebels because they were supposedly mercenaries fighting for the regime. In reality, they were victims of a xenophobia against African migrants which had accompanied the uprising.

Megrahi himself had been convicted of a dreadful massacre; of being responsible for 270 deaths on December 21, 1988, when Pan Am Flight 103 blew up over the town of Lockerbie in Scotland. A bomb - 12 ounces of Semtex in a Toshiba radio-cassette player - had been secreted in the luggage of the plane carrying passengers to the US, many returning home for Christmas.

After spending eight years in Scottish prisons following his conviction, Megrahi had been returned to Libya on compassionate grounds following a diagnosis of prostate cancer. After a few months in prison in Tripoli, unable to walk and bedridden, he was allowed to return to his family home.

There was vengeful anger expressed by some in Britain, and more so in the US, at Megrahi's return to Libya. He had faked his illness, it was claimed, and even if that was not the case, he had escaped justice by not actually dying in a cell.

The charge of subterfuge was reinforced by the perception that his release was part of the many dodgy deals between Tony Blair's government and Colonel Gaddafi's regime.

Yet there are good reasons to believe that the conviction of Megrahi was a shameful miscarriage of justice and that, as a result, the real perpetrators of one of the worst acts of terrorism in recent history remained free. That certainly was the view of many, including international jurists, intelligence officers, journalists who followed the case, and members of bereaved families.

Among the latter group was Jim Swire, who lost his daughter, Flora, in the bombing. Dr Swire, a man of integrity and compassion, who became a spokesman for UK Families 103, stressed that "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".

Megrahi died in May 2012, a few months after I had seen him. Yet a campaign Dr Swire had helped set up, Justice for Megrahi, continues to help the Libyan's family to seek a new appeal against the sentence in their efforts to posthumously clear his name.

Certainly, the chronology of the original investigation into the bombing is strange, raising serious questions about the official narrative.

Soon after the downing of the Pan Am flight, American and British security officials began laying the blame on an Iran-Syria axis. The suggested 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 PFLP-GC (Popular Front for the Liberation of Palestine-General Command), which specialised in such operations.

The blame switched to Libya - which was 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 an 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 a Libyan intelligence officer, was finally extradited in 1999 - along with another man named as a suspect over the bombing, Lamin Khalifa Fhimah, also allegedly employed by Libyan intelligence. (...)

I covered their trial at Camp Zeist in the Netherlands, which took place in a specially constituted court, with a panel of Scottish judges but without a jury, under Scots law. The two men were effectively charged with joint enterprise - conspiracy - yet only Megrahi was found guilty. (...)

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, was 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, famously described the witness, Tony Gauci, as "an apple short of a picnic" and "not quite the full shilling".

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.

The observer for the UN at the trial severely criticised the verdict, as did many lawyers. 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. (...)

Fr Patrick Keegans had just been appointed as parish priest in Lockerbie and was looking forward to his first Christmas there at the time of the crash. His tireless work with the traumatised community drew wide praise and is remembered with gratitude.

He reflected: "For those of us who experienced Lockerbie, the story will never come to an end. Lockerbie lives with us, we are part of Lockerbie and Lockerbie is part of us... the horror, the tragedy, the sadness, the grief, the support and the love that was shown - all of that stays with us."

Fr Keegans, who is now retired, joined the Justice for Megrahi campaign after meeting the convicted man's family and is now backing the call for a fresh appeal.

"I can't live with myself being silent," he explained, "when I'm truly convinced that this man has been unjustly convicted. Lockerbie is an unfinished story as far as the legal aspects are concerned."

Megrahi died at his home in Tripoli, still protesting his innocence. He thanked Dr Jim Swire and others who had believed in him.

In his final days, he said: "I pray for all those who died every day. I shall be meeting my God soon, but the truth will come out.

"I really hope the truth of what really happened will come out one day."

Sacrificed in the interest of international realpolitik

[On this date in 2009 The Independent carried two articles by its Defence Correspondent, Kim Sengupta. What follows is an extract from the first, Lockerbie prisoner awaits news on Libya return and the full text of the second, Lockerbie: a miscarriage of justice?:]

A decision is expected in the near future on whether the Libyan convicted of the Lockerbie bombing will be sent back to his home country after he met the Scottish Justice Secretary in prison.

Abdelbaset Ali Mohmed Al Megrahi, who is suffering from advanced terminal prostate cancer, has applied for compassionate release while the Libyan government has requested that he is moved to their custody under a recent prisoner transfer agreement with the UK.

Both Justice Secretary Kenny MacAskill and Al Megrahi’s lawyer Tony Kelly refused to make any comments following the one hour meeting at Greenock prison. However, according to legal and diplomatic sources, there is domestic and international pressure for a ruling on the matter.

Mr MacAskill cannot grant Al Megrahi a transfer while his appeal against his conviction and life sentence for the bombing of Pan Am flight 103 in December 1988, which left 270 people dead, goes through the courts.

However, the Justice Secretary can still consider the application from Libya if he is returned there on compassionate grounds.

Mr MacAskill has said that political and economic factors will not influence his decision. He has spoken to the US Attorney General and the British and American families of the Lockerbie bomb victims.

Al Megrahi, who was convicted over the bombing under highly controversial circumstances, granted the right to a fresh appeal last October by the Scottish Criminal Cases Review Commission, after a three year review, amid growing concern that he may have been the victim of a miscarriage of justice.

However, the appeal has been delayed at least until the Autumn after one of the judges sitting on the case had to withdraw to undergo heart surgery and the prisoner’s rapidly deteriorating condition meant that he may not be able to survive for much longer.

MSP Christine Grahame who has already met al Megrahi in jail, maintains that there had been a miscarriage of justice, and he should be given compassionate release.

Ms Grahame, SNP member for South of Scotland, added: "The trouble with a prisoner transfer is it will never be resolved through the Scottish courts. The appeal must proceed, and justice be done and seen to be done. I think it's appropriate that when someone's considering what's to happen to someone who's terminally ill and in prison that all aspects are examined."

Some of the bereaved, including Dr Jim Swire whose daugthter Flora was among those who died, have backed moves to free Al Megrahi. Opposition MSP’s, however, were critical of an early release.

oooOOooo

The Lockerbie bombing, the mass slaughter of 270 people over Scotland, has been mired in controversy with charges that justice for the victims was sacrificed in the interest of international realpolitik.

Both British and American officials originally claimed that Iran commissioned the attack on the Pan Am flight using the Palestinian guerrilla group PFLP (GC), based in Damascus, in retaliation for the shooting down of an Iranian airliner by the US. That changed, however, after the first Gulf War when Syria joined the US sponsored coalition against Saddam Hussein and the same officials now held that Libya was the culprit state.

Col Gadaffi’s regime eventually paid out £1.4 million in compensation to the families of the victims but that was seen by those sceptical of the new theory as one just of the deals which brought him back into the international fold and Al Megrahi was sacrificed for the same end.

Jim Swire, whose daughter Flora was one of those killed, said after the trial into the bombing "I went into that court thinking I was going to see the trial of those who were responsible for the murder of my daughter. I came out thinking he had been framed. I am very afraid that we saw steps taken to ensure that a politically desired result was obtained.”

Last October Scottish Criminal Cases Review Commission identified six grounds where it believed " a miscarriage of justice may have occurred" at the original trial into the Lockerbie bombing, at Camp Zeist, in Holland, six years ago.

Lockerbie bombing: This ‘new’ evidence on the atrocity offers no new answers

[This is the headline over an article in today’s edition of The Independent by Kim Sengupta, the paper’s Defence Correspondent. It reads as follows:]

The news that new evidence has been uncovered about the Lockerbie bombing should have raised hopes that the truth about this terrible atrocity may at last be revealed and, at the same time, a shameful miscarriage of justice corrected.

But that is not the case. Little has emerged that is new, and what has emerged is highly questionable. The avenue being taken by the British and American authorities continues to be predicated on the basis that the Libyan Abdelbaset al-Megrahi was responsible for the deaths of 270 people, on the plane and at the crash site. But many of those touched by the events believe that his conviction was unjust, and that the authorities are covering up their mistakes.

I saw Megrahi in the winter of 2011 in Tripoli, where he had been sent from his prison in Scotland after being diagnosed with terminal cancer. He was lying in bed attached to a drip, oxygen mask on his skeletal face, drifting in and out of consciousness. The medicine he needed had been plundered by looters in the chaotic aftermath of the fall of the Gaddafi regime; the doctors treating him had fled.

The vengeful pursuit of Megrahi, the feeling that he had escaped justice by failing to die in a cell, persisted among those who were adamant that he was guilty. He was faking his illness, they claimed; there were demands that the post-revolutionary Libyan government should arrest and extradite him.

Megrahi died a few months later. Members of some of the bereaved families, such as Dr Jim Swire, who lost his daughter, Flora, in the bombing, have long been convinced that his conviction was unsafe. Their appeal to clear his name was turned down by the Appeal Court in Edinburgh three months ago because the law was “not designed to give relatives of victims a right to proceed in an appeal for their own or the public’s interest”.

The campaigners had just cause to have misgivings about what happened to Megrahi. I reported from the specially constituted Scottish court at Camp Zeist in the Netherlands where he and his fellow Libyan defendant, Lamin Khalifa Fhimah, were tried. The two men were charged with what amounted to joint enterprise, yet only Megrahi was found guilty. The prosecution evidence was circumstantial and, at times, contradictory. Key prosecution witnesses were shaky under cross-examination. The evidence of a supposedly prime “CIA intelligence asset”, Abdul Majid Giaka, codename “Puzzle Piece”, who turned up in a Shirley Bassey wig in an attempt to hide his identity, was widely viewed as risible. It emerged later that important evidence had not been passed to the defence lawyers.

There was scathing criticism from international lawyers about the proceedings. Professor Hans Köchler, a UN appointed legal adviser, described them as “ inconsistent, arbitrary and a spectacular miscarriage of justice”. The Scottish Criminal Cases Review Commission identified six grounds where it believed “a miscarriage of justice may have occurred”.

So what are the new leads being pursued by the US and Britain? They focus on Abdullah al-Senussi, who was both Muammar Gaddafi’s chief of intelligence and also his brother-in-law, and on Mohammed Masud, a regime agent. Both are being held in prison, on unrelated charges, in Tripoli, by one of Libya’s two rival administrations.

But, in fact, both men have been scrutinised by Lockerbie investigators in the past. Scottish police announced in 2013 that they were looking at information that Masud was in Malta, where prosecutors claimed the bomb was placed on the flight, at the same time as Megrahi. But Fhimah, cleared by the Camp Zeist court, was in Malta as well.

Robert Black, a law professor born in Lockerbie who played a key role in organising the Camp Zeist proceedings, later became convinced that there had been a miscarriage of justice. He warned in 2013 that British officials were trying to retrospectively buttress the case against Megrahi by implicating Masud. “It looks like the Crown Office is trying to shore up the Malta connection, which is pretty weak,” he said.

Some of the impetus for the new inquiry has come from an American documentary, My Brother’s Bomber, by Ken Dornstein, whose brother was among the victims. Most of the information for this came from a former Libyan agent, Musbah Eter, who has implicated both Megrahi and Masud.

Eter, however, has had a chequered life. He was convicted of the bombing of the La Belle nightclub in Berlin in 1986, an attack which prompted Ronald Reagan to bomb Libya, with some of the warplanes flying from British bases. A German TV investigation subsequently revealed that Eter was a CIA “asset”. We do not know why it took him more than two decades to come forward with the Lockerbie information, or what influence his relationship with US intelligence played in this.

Might Masud and Senussi end up in another Camp Zeist-type trial over Lockerbie?  One reason for the Gaddafi regime allowing the extradition of Megrahi and Fhimah  was that it was seeking rapprochement with the West at the time. The current Islamist government in Tripoli is not recognised by the West. During my recent visit to Libya I discovered some in the administration who were very keen for that recognition and the better relations, including investment, it may bring.

So, handing over the two men to Britain and America may not be an impossible scenario in the future. Senussi has already been sentenced to death on other charges and may, indeed, welcome being sent abroad. We may yet see another CIA operative, Eter this time, doing a court turn in a Shirley Bassey wig. It will not, however, bring us nearer to the truth about the Lockerbie massacre.

Neutral venue Lockerbie trial draws closer

[What follows is excerpted from an article by Kim Sengupta published in The Independent on this date in 1998:]

The Prime Minister yesterday called on Libya to hand over the two suspects involved in the Lockerbie bombing. "The United Nations has made it quite clear now that it supports this way forward," Tony Blair said. It is obviously important that Libya complies.

The noises appear to be welcoming, but they have to be followed by the action of actually delivering up the suspects.

Mr Blair said Britain took the decision to go for the third country option after a lot of debate and hesitation because it was believed it was the "only way" of securing a chance of bringing these people to justice.

The resolution by the Security Council backing the American and British proposal to hold the trial in The Netherlands under Scottish law was backed unanimously.

Mr Blair said he felt particularly felt for the relatives of those killed in the Lockerbie bombing, adding that, "it was important for them to have the possibility, the opportunity, of having those people brought to justice because that is a big part of their continuing anguish."

The United Nations voted yesterday to lift sanctions against Libya once it hands over two of its intelligence agents accused of the Lockerbie bombing.

The response from the Libyan government, however, appeared to be confusing and contradictory. Its UN ambassador, Abuzed Omar Dorda, stated in New York that his country accepted the plan, adding: "We reaffirm this position today, this is a serious position, an irreversible position."

However, later in the day the Tripoli regime criticised the Security Council resolution, stressing it was not committed by an agreement reached between Britain, the United States and The Netherlands and asked instead for direct negotiations with Libya.

The Libyan foreign ministry maintained that crucial talks needed to be held over the guarantee of safety of the two suspects, as well as aspects of the legal procedure, before any progress could be made.

The hard line from Tripoli echoed some of the reservations expressed by Colonel Muammar Gaddafi in an interview with the television network CNN in which he claimed that Britain and the US would find ways to make the holding of the trial impossible.

He said: "I think Libya has no objections. But I am not sure America and Britain have the good intention to solve this problem. I am not assured they are serious.

"More details have to be clear. You cannot say give us these two people quickly; they are not tins of fruit. They are human beings.

"Their destiny must be assured. What is the destiny of the suspects if they are convicted or acquitted, and if they take any appeal action."

The Libyan leader went on to " warn" London and Washington not to engage in any "tricks" to sabotage the prospect of a hearing.

The Foreign Office in London stated that overall the prospects of an agreement still looked positive, and said it welcomed the Libyan decision to hand over the two intelligence officers to the judicial process.

A smear on the quality of Scottish justice

[Miscellaneous media comments from 21 May 2012, the day following the death of Abdelbaset al-Megrahi:]

Alex Massie in The Spectator

Despite what the Prime Minister says, Megrahi’s guilt is not certain. As Ian Smart suggests, there is little consensus even amongst those best informed about the case. This was not a "slam-dunk" case. Far from it. The evidence for guilt or innocence is a close-run thing whichever side of the argument you choose to take. Moreoever, it is possible to be convinced the Libyans were responsible for Lockerbie while also suspecting that the evidence against them was only barely strong enough to secure a conviction. Indeed the layman might reasonably conclude that if ever a case made an argument for the Not Proven verdict, Lockerbie is that case. (The various appeals, remember, are a test of the evidence against Megrahi not of his actual guilt.)

Even so, one should not assume that the Scottish Criminal Case Review Commission’s report would have led to Megrahi’s conviction being overturned. This too makes Megrahi’s cancer as unfortunate as it may have been darkly convenient. Though Lockerbie is still, as the First Minister pointed out yesterday, a live case the prospects of getting a fully persuasive resolution to the bombing of Pan-Am 103 seem pretty bleak.

Kim Sengupta in The Independent

The vengeful pursuit of Megrahi, the feeling that he has somehow escaped justice by not actually dying in a cell, is the result of a genuine belief by some that he was guilty, allied to anger that his release was part of the many dodgy deals between the British government and Muammar Gaddafi's regime. Yet there are cogent reasons why so many others, including members of bereaved families such as Dr Jim Swire who lost his daughter Flora in the bombing, have been convinced that Megrahi's conviction was a miscarriage of justice.

Soon after the destruction of Pan Am flight 103 American and British officials were busy laying the blame on the Iran Syria axis. However, after Iran and Syria joined the US-led coalition against Saddam Hussein in the first Gulf War the same officials switched the blame to Libya, at the time very much a pariah state.

The trial of Megrahi and his fellow Libyan defendant Lamin Khalifa Fhimah at a specially constituted Scotttish court at Camp Zeist in the Netherlands came under criticism from international jurists. The two men were effectively charged with joint enterprise, yet only Megrahi was found guilty. The prosecution evidence was circumstantial; details of the bomb timer on the plane contradictory and the testimony of a key witness, a Maltese shopkeeper, shaky under cross-examination.

The evidence of a supposedly prime "CIA intelligence asset", 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.

Professor Hans Köchler, a UN appointed legal observer, described the proceedings and a subsequent failed appeal by Megrahi as "inconsistent, arbitrary and a spectacular miscarriage of justice".

Editorial in The Herald

The Libyan's second appeal was on the basis of new evidence, after the Scottish Criminal Cases Review Commission ruled that there were six grounds for appeal. Details from the report have been printed in The Herald and the full report has been published online by our sister title the Sunday Herald. The grounds raise serious doubts about much of the forensic evidence on which the conviction relied as well as the veracity of the key witness, Tony Gauci, a Maltese shopkeeper, who is said to have been paid a substantial reward for his assistance in the investigation. Crucially, evidence that might have helped clear Megrahi was not shared with the defence. The second appeal was withdrawn when he was released on compassionate grounds in 2009, following his diagnosis of terminal prostate cancer. Regardless of whether he is innocent or guilty, there are grounds for a conclusion that he should not have been convicted and that a second appeal would have come to that conclusion.

Megrahi's death must not end the search for the truth. One option appears to be the possibility of one of the bereaved relatives taking up the appeal. Another would be for the Scottish or UK government to institute a judicial inquiry. This would be long and expensive but we cannot put a price on justice. A country can be judged by the quality of its judicial system. This case leaves a smear on the quality of Scottish justice that needs to be either contradicted or belatedly put right.

The example of the Bloody Sunday Inquiry shows that even long after the event, it is possible to put together a detailed narrative of an event that answers many outstanding questions and brings a measure of closure to the relatives of those who lost their lives. Even if Megrahi was guilty, he cannot have acted alone. If it is possible to identify those involved, they must be brought to justice. Those who in the name of some perverted political ideology would massacre innocent civilians need to know that they can run but they cannot hide.

Of course, part of the problem is that several foreign governments and groups may have had a hand in this atrocity and without regime change in those countries, they are unlikely to come clean. Early evidence pointed to a Palestinian group and both Iran and Syria have been suspected of involvement. After all, they had a motive: retaliation for the shooting down of an Iranian passenger jet by the American warship USS Vincennes in July 1988. That is no reason for not attempting to get to the bottom of what happened. In the short term, the most likely source of new information is Libya itself, where the new government has a vested interest in exposing the sins of the Gaddafi regime and any international links with other sponsors of international terrorism.

There are clear reasons why many believe the Lockerbie trial was a miscarriage of justice

[This is the headline over an article by Kim Sengupta published today on the website of The Independent.  It reads as follows:]

Abdelbaset al-Megrahi, his face skeletal, could barely move. He was attached to a drip, his face covered by an oxygen mask, drifting in and out of consciousness. The medicine needed for his treatment had been plundered by looters; the doctors had fled.

That was how I found the man convicted of the Lockerbie bombing in Tripoli last Autumn, the reminder of the controversy surrounding an atrocity 24 years ago. His brother Abdelnasser asked "Why do they want so much to drag him back to suffer in prison? You are looking at a man who is very close to dying."

The vengeful pursuit of Megrahi, the feeling that he has somehow escaped justice by not actually dying in a cell, is the result of a genuine belief by some that he was guilty, allied to anger that his release was part of the many dodgy deals between the British government and Muammar Gaddafi's regime. Yet there are cogent reasons why so many others, including members of bereaved families such as Dr Jim Swire who lost his daughter Flora in the bombing, have been convinced that Megrahi's conviction was a miscarriage of justice.

Soon after the destruction of Pan Am flight 103 American and British officials were busy laying the blame on the Iran Syria axis. However, after Iran and Syria joined the US-led coalition against Saddam Hussein in the first Gulf War the same officials switched the blame to Libya, at the time very much a pariah state.

The trial of Megrahi and his fellow Libyan defendant Lamin Khalifa Fhimah at a specially constituted Scotttish court at Camp Zeist in the Netherlands came under criticism from international jurists. The two men were effectively charged with joint enterprise, yet only Megrahi was found guilty. The prosecution evidence was circumstantial; details of the bomb timer on the plane contradictory and the testimony of a key witness, a Maltese shopkeeper, shaky under cross-examination.

The evidence of a supposedly prime "CIA intelligence asset", 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.

Professor Hans Koechler, a UN appointed legal observer, described the proceedings and a subsequent failed appeal by Megrahi as "inconsistent, arbitrary and a spectacular miscarriage of justice".

Jim Swire interview

Dr Jim Swire was interviewed on STV yesterday in the context of Justice Secretary Kenny MacAskill's visit to Abdelbaset Megrahi in HMP Greenock. The interview can be viewed here.

There are interesting articles on the issue and on Lockerbie generally in The Independent by the paper's Defence Correspondent Kim Sengupta. They can be read here and here. A short article in The New York Times can be read here and a longer one from the Congressional Quarterly website CQ Politics can be read here.