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Friday, 20 June 2025

The truth died at Lockerbie

[What follows is excerpted from a long article just published in English on the website of Neue Zürcher Zeitung. The original German language version was published on 14 June:]

Thirty-six years after the bombing of Pan Am Flight 103 over the Scottish village of Lockerbie, US prosecutors are pursuing a new case stemming from the terrorist attack. At the center of the investigation is a colorful entrepreneur from Zurich and his claims of conspiracy.

Edwin Bollier, now nearly 88 years old, sits in his office on Badenerstrasse in Zurich and says: "The book is written. All I have to do is pull it out of the drawer." In his book, Bollier finally wants to tell what he sees as the whole truth about the 1988 Lockerbie bombing, in which more people were killed than in any terrorist attack in Europe since. (...)

Now, at last, US prosecutors are bringing their own case relating to what President Ronald Reagan called the "attack on America." Many years ago, a mid-level intelligence agent from Libya was convicted in Scotland of being involved in the attack. However, some observers never gave up their doubts about this guilty verdict. A figure accused of being an accomplice of the convicted man is currently in custody in the United States, and a new round of legal procedures is underway.

US prosecutors in Zurich

Last year, two prosecutors and a judge traveled to Zurich to question Bollier as a witness. He is confident that the American court will follow his lead when it ultimately makes its ruling. "I have provided all the information necessary to finally expose the conspiracy," he says.

Bollier argues that it was not in fact Libyan leader Muammar Gaddafi's intelligence service that was behind the bombing, but rather a Syrian-Palestinian commando group acting on behalf of Iran.

Bollier says he is waiting for the US court verdict to be issued before publishing his book. However, the court handling the case recently postponed the trial date originally set for May, citing, among other factors, the "complexity" of the case.

Bollier isn’t concerned. He says he is prepared to testify whenever the trial takes place.

No one knows PT/35 (b) as well

The Zurich entrepreneur is also one of the key figures in the US court proceedings. No one is as familiar with the piece of evidence with the file number PT/35 (b) as well as he is. This exhibit is no larger than a fingernail. It is only 1 millimeter thick, and weighs less than 1 gram.

For more than 30 years, the entire Lockerbie case has hinged on this tiny piece of evidence.

It comes from an electronic circuit board, the kind of technology found in every smartphone today. A circuit board is flat, made partially out of conductive metal, and serves as the foundation on which the components necessary for an electronic device are built. The circuit board to which the fragment in question belonged before being torn out by the explosion in the Boeing 747 was part of a timer-based detonator.

Out of the huge, several-ton pile of debris that was recovered in Lockerbie, PT/35 (b) is the only piece that points to Libya. Without this tiny fragment, the Libyan intelligence agent named Abdelbaset Ali al-Megrahi could not have been charged.

In his office on Badenerstrasse, Bollier is poring over files. He reads them without glasses, even the small print. When he talks about Lockerbie, which he usually does almost without pause for breath, he sometimes mixes up names or dates. Then his wife Mahnaz, a native Persian who came to Switzerland after the fall of the shah, comes to his aid.

It didn't take her long to became part of Team Bollier, and today she knows the Lockerbie case's ins and outs almost as well as her husband.

The film and TV industry has also been subjecting the crash of Pan Am 103 to a thorough reexamination. Several productions have called the Scottish court ruling into question, in some cases openly postulating a miscarriage of justice. The streaming platform Sky is showing an ambitious documentary on the subject, paired with a successful dramatization of the incident as a series starring Colin Firth in the lead role. Its rival Netflix will soon follow with a program produced in collaboration with the BBC.

Too sensitive for Al Jazeera

However, the most controversial production has proved to be a multipart series created by Arab television network Al Jazeera. One episode was withdrawn after broadcast, and the last episode was not broadcast at all. Apparently, it was too controversial for the network’s Qatari owners. The NZZ has viewed all episodes of this series. It reveals previously unknown information that adds weight to suspicions that Iran was behind the attack.

Sooner or later, every documentary filmmaker addressing this subject finds their way to Badenerstrasse 414 in Zurich – that is, to Bollier's office. The BBC has sent its film crews here, as have Sky and Al Jazeera. The multistory concrete building in Zurich's Nova Park gives the feeling of having been drawn from another era. Stepping into the third-floor office with the sign "MEBO LTD," a visitor might well feel that they had been transported back to the 1970s. (...)

Explosives in a cassette recorder

On the evening of Dec 21, 1988, Pan Am Flight 103, bound from London to New York, had just reached its cruising altitude of 9,000 meters when a bomb exploded in the cargo hold. A timer-based detonator built into a Toshiba cassette recorder had triggered the explosion. The plane crashed.

All 259 passengers and crew members, most of them US citizens on their way to their Christmas holidays, were killed. An additional 11 people at the crash site in Lockerbie also lost their lives.

The delivery to Libya

A few years previously, in 1985, Bollier's small electronics company Mebo had delivered 20 timer devices to Libya – of the same model that triggered the explosion. This delivery is a matter of record and is undisputed.

The name "Mebo" is drawn from the names of the two company founders, Erwin Meister and Edwin Bollier. While Meister has long since withdrawn from public life, Bollier is still fighting on the front lines to defend his company's reputation.

Mebo Ltd. was a simple trading company with a focus on electrical appliances. It even developed a few devices itself. This included a timer with the model number MST-13. An engineer, Mebo’s sole employee, had developed the device in a small workshop. A third-party company manufactured the MST-13 timer according to his plans.

The Libyan army was almost the sole purchaser of these timers. A few additional units were sold to the Stasi, East Germany's secret police agency.

"But we didn't supply detonators to Libya. Just electronic timers," Bollier insists in an interview in his office.

This distinction is important to him – after all, a timer is not in itself a weapon. A timer becomes a weapon only if it is connected to a detonator. Mebo did not do that, Bollier says. Libya thus must have hooked up the detonator itself.

The business owner picks up a timer that is sitting on his desk in his office. The MST-13 is about the size of a fist. It is nothing more than a simple timer, he says. "Similar to an alarm clock or an egg timer, only a bit more robust, fireproof and waterproof."

Mebo had an export license for the delivery of the timer-based switches to Libya and the East German government. The Swiss agency in charge of overseeing such exports did not find that this contract violated the country’s Federal Act on War Materiel.

Because the issue is so important to him, we have agreed with Bollier to use the English word "timer" throughout this article, even in its German-language original – referring both to timers with and without detonators attached.

And what did the Libyan army use the timers from Switzerland for? Bollier insists that the army used them as defensive weapons. The sale came during the desert war against neighboring Chad. The timers were set in military camps where capture was deemed a possibility, he says. If a squad was able to retain its position, it would defuse the explosive. However, if a camp were to be captured by the enemy, the device would go off at some point.

Bollier has never been charged with any crime in connection with the Lockerbie bombing, either as an accomplice or an accessory, even though the Scottish authorities did consider doing so. In Switzerland, the Office of the Attorney General initiated criminal proceedings, but these were discontinued after four years.

Bollier has always appeared in court only as a witness. For more than 30 years, he has been saying the same thing: that the Lockerbie discovery, exhibit PT/35 (b), that tiny fragment of bomb-wrecked timer, differs in various details from the timers that Bollier’s firm delivered to Libya.

For example, he argues that the fragment exhibits characteristics that were introduced only in 1990, more than a year after the crash of Pan Am Flight 103.

Only one conclusion can be drawn from this, says Bollier: "Someone must have placed the find at the crash site after the fact, in order to lay a false trail pointing to Libya."

Brown instead of charred

When investigators from Scotland and the US first showed him a photo of the discovery, Bollier recognized it immediately. That was in 1990. "In the photo, the fragment was brown," he recalls. "But after the explosion, it should have been charred."

When he later saw the original of the PT/35 (b) fragment, it was no longer brown – it was charred, he says. From this, Bollier concludes that the alleged find is not only a forgery, but was also tampered with after the fact.

This is clearly an outrageous accusation. But Bollier stands by it. He refers to the alleged forgers and manipulators of the only piece of conclusive evidence from Lockerbie as "Group XXX." By this he means those within Scottish and American government agencies that he says were responsible for this falsification, in cooperation with the Swiss intelligence service, which was then a part of the Federal Office of Police.

However, as someone making such a serious accusation, Bollier has a problem: His credibility is in tatters.

Someone once said that Bollier was the worst witness imaginable, thanks to his dubious past. Anyone who did business during the Cold War with the secret police and intelligence services of Libya and East Germany, with Gaddafi’s «Jamahiriya» state and the Stasi, has inevitably seen their reputation permanently damaged.

Bollier's fight for the truth, as he calls it, is therefore also a fight for his own rehabilitation. Furthermore, if the trail to Libya does indeed turn out to be falsified and manipulated, this would do more than exonerate Bollier morally – he would also be entitled to the equivalent of millions of dollars in financial compensation.

However, Edwin Bollier is not alone in his assertion that exhibit PT/35 (b) was planted at the Lockerbie crash site after the fact. Jim Swire is convinced of this as well.

Bollier’s opposite

When it comes to credibility, Swire is the opposite of Bollier. The English doctor lost his 23-year-old daughter Flora in the bombing of Pan Am Flight 103. With his clear independence and unimpugned integrity, he soon became a respected spokesman for the families of the British victims.

Bollier and Swire share the same view. But it is no coincidence that Colin Firth is playing the English country doctor rather than the Swiss wheeler-dealer in Sky’s dramatization of the events.

Since the crash of Pan Am 103, Swire has dedicated his life to finding his daughter’s murderers, as he consistently refers to them. At 89 years old, he still hasn't achieved his goal.

Swire once campaigned vigorously to bring Libyan defendant Abdelbaset Ali al-Megrahi and his alleged accomplices to trial in Scotland. When, after much back and forth, that trial finally took place on neutral ground at the former Camp Zeist military base in the Netherlands, Swire did not miss a single one of the 85 days of proceedings.

Nothing would have made him happier than to know at last who had been responsible for his daughter's death. But at the end of the trial, he found himself convinced that al-Megrahi was innocent, and had nothing to do with the bombing.

Befriended the convicted attacker

On the day the verdict was announced, Swire was so distraught that he suffered a breakdown. He was shocked by al-Megrahi's conviction – along with the simultaneous acquittal of his alleged accomplice – and disappointed by the Scottish justice system.

Swire visited al-Megrahi several times in prison, and ultimately became friends with him. When the Libyan was diagnosed with cancer, Swire spoke out strongly in favor of his release. «The sooner he is released, the better,» he was quoted as saying in the NZZ am Sonntag newspaper.

When al-Megrahi was dying in 2012, Swire traveled to Tripoli amid the unrest following Gaddafi’s fall. Even on his deathbed, al-Megrahi protested his innocence.

Swire fulfilled his last wish. In his book published in 2021, the key message is that fragment PT/35 (b) cannot have come from any of the 20 timers that Bollier's Mebo had once delivered to Libya – and that al-Megrahi's conviction was therefore a miscarriage of justice.

The FBI on board

The investigation into the bombing was led by the Scottish police. However, the United States' domestic intelligence service, the FBI, was also involved from the beginning – a concession made to the US by the Scottish authorities in view of the large number of victims from America.

The unusual collaboration made the enormous investigation – featuring a debris field alone that stretched over several dozen square kilometers – even more complicated. «We weren't used to not being in the lead,» says the self-assured FBI Special Agent Richard Marquise in one of the many documentaries about Lockerbie.

However, by tapping its global network, the FBI was able to open up various sources that would have remained closed to the Scottish police. "Even the CIA supported us," Marquise once said. Given the rivalry between the two major US intelligence services, this was unusual, he noted.

Yet despite years of investigation and a huge pile of files, the case ultimately led only to the disputed conviction of the single Libyan intelligence agent.

The trail to Iran

Initially, everything pointed in a different direction. Indeed, after just a few months, the Lockerbie case seemed to have been solved, with investigators regarding it as a probable act of retaliation by Iran.

On July 3, 1988, a few months before Lockerbie, a US Navy warship shot down an Iranian passenger plane in the Persian Gulf – accidentally, according to official statements. All 290 passengers, including 66 children, were killed.

Iran's revolutionary leader Ayatollah Ruhollah Khomeini publicly vowed revenge, saying that an American aircraft carrying many passengers would be shot down. There was subsequently much to suggest that the Iranian regime had commissioned a commando group from Syria known as the Popular Front for the Liberation of Palestine-General Command, or PFLP-GC, to carry out the retaliatory action.

The PFLP-GC operated from Syria under the command of Ahmed Jibril. In 1970, his agents had used a parcel bomb to bring down Swissair Flight 330 over Würenlingen, killing all 47 passengers. In that instance, the explosive was built into a radio and triggered by an altimeter.

Thanks to the investigations in the Würenlingen case, hardly anyone in the West was as familiar with the PFLP-GC as the Swiss Office of the Attorney General. Six months after Lockerbie, in late May 1989, three Scottish investigators thus traveled to Bern to exchange information with their Swiss colleagues.

The secret meeting lasted two days, turning up striking parallels. The plastic explosive used in the Lockerbie bombing had been Semtex, which was manufactured in Czechoslovakia. This was the same material that had been used in Würenlingen. Even the bomb maker appeared to be the same individual, a Jordanian named Marwan Khreesat.

A few weeks before Lockerbie, in late October 1988, Khreesat had been arrested in Düsseldorf as part of a broad operation dubbed "Autumn Leaves." In total, German police arrested more than a dozen members of the PFLP-GC – dealing a serious blow to the terrorist group.

During the raid, police also seized four electronic devices, all of which had been rigged with explosives. One of these devices was a Toshiba portable radio.

It thus appeared that German police had foiled a planned series of attacks by the PFLP-GC. However, interviews with the detainees revealed that the terrorists had originally prepared five such devices, not just four.

The conclusion seemed obvious: The fifth electrical device must have been the Toshiba cassette recorder that exploded on Pan Am Flight 103 over Lockerbie.

When the Scottish delegation bid farewell to their Swiss colleagues on May 25, 1989, the case appeared to be solved. Investigators believed that the Toshiba cassette recorder containing the explosives had been loaded into the cargo hold of a Boeing 747 at Frankfurt Airport on the Pan Am 103 A feeder flight to London Heathrow.

This conclusion was stated in the minutes drawn up by the Swiss Office of the Attorney General following the meeting with their colleagues from Scotland. After a lengthy tug-of-war, the Switzerland-based Beobachter magazine published these minutes a few years ago.

But then everything changed.

The shift to Libya

No arrest warrant was issued for Khreesat, the alleged bomb maker, or for any other member of the PFLP-GC initially suspected of involvement.

Instead, the Scottish police and the FBI, who had been focusing their part of the investigation on Iran, issued arrest warrants for two previously unknown Libyans: Abdelbaset Ali al-Megrahi and an alleged accomplice, the station manager of the Libyan Arab Airlines in Malta.

Exactly how these arrest warrants came to be issued remains unclear today. Apparently, they were based on secret information from the CIA and a somewhat shady agent in Malta.

In his office, Bollier rummages through one of the many piles that have accumulated in an adjoining room over the past decades.

He finds the newspaper article he is looking for, and offers a summary: The surprising turnaround in the investigation was the result of the geostrategic climate at the time, which was very different from today's. The United States and the United Kingdom, which at the time were at war with Iraq, did not want to spoil their relationship with Iran’s government as well.

Thus, the article argued, shifting blame for the Lockerbie bombing to Libyan leader Gaddafi and his intelligence agents proved a convenient alternative. After all, their April 1986 attack on a West Berlin discotheque frequented primarily by American soldiers had gone unpunished.

«It's that simple,» Bollier says, tossing the newspaper article back onto the pile.

It is possible that for the U.S. and the U.K., Libya was seen as a more convenient scapegoat than Iran at that point in history. However, like so much else in the Lockerbie case, this theory cannot be proven.

Gaddafi's photo on the side table

This difficulty doesn't impress Bollier. In his office on Badenerstrasse, the presence of long-deposed Libyan despot Gaddafi can still be felt everywhere. A framed photo of the young Gaddafi is placed on the side table next to the sofa, leaning against an iron palm tree.

During Gaddafi's more than 40 years in power, his regime systematically violated human rights. It engaged in countless arbitrary arrests, imprisoning and torturing opposition figures. Many of these individuals disappeared or were executed.

Bollier offers a kind of counterpoint, however. "Gaddafi may have blood on his hands," he says. But from the leader’s own point of view, he had been acting in the interests of the Libyan people, Bollier says. The entrepreneur counts off the gains: roads, housing, infrastructure – "everything in tiptop shape," he says.

It is jarring statements like this that undermine the image of Bollier as a fearless fighter for the truth.

An office for the alleged attacker

Another startling fact reveals just how close Bollier's relationship with Gaddafi's internationally ostracized regime was: Mebo temporarily rented an office at Badenerstrasse 414 to two employees of the Libyan intelligence services – one of whom was Abdelbaset Ali al-Megrahi.

Bollier plays this down. It was purely business, he says. And anyway, al-Megrahi visited Zurich only two or three times a year.

Bollier started doing business with Libya in the mid-1970s. Even before media pioneer Roger Schawinski shook up Switzerland's media landscape by founding his Radio 24 station – which broadcast as a pirate station from Pizzo Groppera in Italy before eventually becoming the country's first commercial radio station – the trained radio engineer Bollier had been operating his own pirate radio station in the North Sea. He had chugged around the international zone in a converted ship, competing in turn with the state broadcasters in England and the Netherlands.

"It was a lucrative business for a while," recalls Bollier – until the authorities shut the pirate station down.

$4.9 million from Gaddafi

That left Bollier sitting on an expensive ship crammed full of electronics that nobody wanted. Only one person showed any interest: Muammar Gaddafi. The Libyan ruler paid Bollier $4.9 million for the former pirate radio craft.

Nor did this prove to be the only such deal. Although Bollier says he never met Gaddafi in person, the Libyan state became the Swiss entrepreneur’s most important customer. Contracts with the military and intelligence services soon followed. In the 1980s, Bollier installed Tripoli’s first fax machines, after purchasing them first from a distributor in Zurich. "For this, the Libyans, who had never seen a fax machine before, celebrated me like a hero," he says.

The fax machines were soon followed by the delivery of the MST-13 timers to Libya.

The circumstances surrounding the discovery of the fingernail-sized fragment PT/35 (b), which is supposed to have come from one of these timers from Zurich, are striking. Scottish police found it six months after the crash, in late May 1989, in a wooded area more than 30 kilometers from the crash site. The fragment was stuck inside the collar of a Salomon-brand shirt that had originally been purchased in Malta.

That shirt had wound up in a maroon Samsonite suitcase along with the Toshiba cassette recorder that was rigged with explosives.

No pieces belonging to the timer's significantly larger and more robust housing were ever found. In some official documents, the date of discovery is given not as May 1989, but rather as January 1990 – that is, more than a year after the crash. These dates are important for Bollier's argument.

The Scottish police initially had no idea what to make of their chance discovery. They searched unsuccessfully at 54 companies across 17 countries in hopes of tracking down the origin of the PT/35 (b) fragment.

Help from the FBI and CIA

In early 1990, the Scottish police asked their colleagues at the FBI for help. These investigators then quickly found what they were looking for: The fragment was an exact match with a timer-based detonator that the CIA had seized during a raid in Togo in 1985, they said. Through some convoluted means, a Mebo MST-13 timer had apparently found its way to the rebels in Togo.

However, over the years, investigative journalists have uncovered inconsistencies in this conclusion. One such reporter is Otto Hostettler from the Switzerland-based Beobachter magazine. He has published several articles on the discrepancies in the Lockerbie case.

Like Bollier, Hostettler also concludes: "The item labeled PT/35 (b) cannot have come from the shipment to Libya that Edwin Bollier made in 1985." The fragment contains technical components that had not even been developed at that time, the reporter notes.

Moreover, in addition to Jim Swire, the representative of the victims' families, and investigative journalist Hostettler, there are still other unimpeachable figures who agree with Bollier that something is not right about PT/35 (b).

The odd role of Switzerland's intelligence service

The role played by one senior member of the Swiss Federal Office of Police, which was Switzerland's intelligence service at the time, is nothing less than striking. It is a matter of record that on June 22, 1989, six months after Lockerbie, this intelligence service agent appeared at the Badenerstrasse 414 building. On the third floor, rather than visiting the Mebo Ltd offices, he instead ended up in the workshop on the other side of the corridor. There he met with the engineer who had developed the MST-13 timer.

This is publicly known because Bollier later reported the intelligence service agent to the authorities. The entrepreneur accused this figure of stealing a timer from Mebo's inventory and passing it on to the FBI, all without a search warrant. Bollier demanded 6 million Swiss francs in damages from the intelligence service agent.

As part of the criminal proceedings, the Swiss Office of the Attorney General summarized the facts of the case in a written statement. That statement is dated July 30, 2012, and is signed by the head of the office's National Security division

According to this statement, the employee of the Federal Office of Police did indeed receive a timer from the Mebo engineer, "which he passed on to the American authorities."

"The evidence is said to have been subsequently tampered with," says the Office of the Attorney General’s written statement. Followed by: "This assertion by Bollier has not simply been pulled out of thin air."

The Attorney General’s Office explains why Bollier’s assertion could be correct as follows: "In any case, an expert opinion provided by the scientific service of the Canton of Zurich proves that the timer handed over to the Swiss federal police and the timer fragment presented as evidence by the Scottish authorities cannot be identical."

No other authority has adopted Bollier’s thesis that exhibit PT/35 (b) was falsified as clearly as the Swiss Office of the Attorney General, in this written statement.

However, the Zurich cantonal police report referred to in the Attorney General’s statement has never subsequently turned up. This is confirmed by respected Zurich lawyer Marcel Bosonnet, who represented Bollier in this case.

The Swiss Federal Supreme Court never addressed the claim for damages – Bollier had submitted it too late.

"In my opinion, there was a lack of will to get at the truth," Bosonnet says. In so doing, Switzerland missed a unique opportunity to resolve the Lockerbie case, he adds.

Al Jazeera reports on secret meetings

This clue prompted the researchers at Al Jazeera's English-language service to work even harder. Their documentary series, which has since been withdrawn, describes how, over the course of 1988, a few months before the Lockerbie crash, several meetings took place involving representatives of the intelligence services of Iran, Syria and Libya, as well as of Hezbollah and the PFLP-GC. The common goal was reportedly a militant campaign financed by Iran against targets in the US and Israel, which was to include shooting down passenger aircraft.

According to Al Jazeera's reporting, these secret meetings took place between March and October 1988 in Malta, Cyprus and Lebanon.

In the documentary, Robert Baer is given considerable time to speak. This author, a former CIA agent, has long argued that Iran, not Libya, was behind the Lockerbie attack. He has been joined by other voices from within American intelligence circles.

Baer told Al Jazeera that he had evidence showing that a few days after the attack on Pan Am 103, in late 1988, $11 million had been transferred from Iran to a bank account in Lausanne. Some of this money was later transferred to the accounts of two leading members of the PFLP-GC, he contends.

Baer is no longer employed by the CIA. Nevertheless, he is bound by the principle that anything he makes public based on knowledge gained during his time in service must be approved in advance by the CIA.

In Al Jazeera’s withdrawn documentary series, he says that he had followed this process in order to divulge his information. He additionally says that there is consensus within CIA and FBI circles that Iran was responsible for the Lockerbie crash.

So has Gaddafi's Libya been wrongly blamed, for more than 30 years, for one of Europe's most devastating terrorist attacks?

Despite the numerous proponents of this theory, the question is still not easy to answer. In fact, a new book published in early 2025 argues against this conclusion.

"Top secret" handwritten letters

In this book, the authors present previously unpublished archive material from the Gaddafi-era Libyan intelligence service. Handwritten letters marked "top secret" describe how, in October 1988, a division of the intelligence service in Tripoli carried out experiments with explosives, including detonating a suitcase.

At the time, the head of this division was Abdelbaset Ali al-Megrahi, the Libyan intelligence agent who had protested his innocence on his deathbed.

Prosecutors in the US are aware of this archive discovery. The postponement of the ongoing trial is likely to be related to efforts to verify documents that were not previously part of the record.

Meanwhile, back in Zurich, Edwin Bollier is keeping his book in his drawer, ready to publish. Mr Lockerbie, as he calls himself in his email address, is at least willing to reveal his title: "The Truth Died at Lockerbie."

Thursday, 16 November 2023

Dismayed by a 35-year-long miscarriage of justice

[What follows is excerpted from a report published yesterday evening on the website of The Telegraph:]

Ever since Flora was killed on Pan Am Flight 103, Dr Jim Swire has been searching for answers – and says the FBI has the wrong man

Flora Swire is everywhere in her parents’ home. There are sketches and photos of her pinned to a board in the kitchen, on the mantelpiece, on the cover of a book; her portrait fills the wall across from their bed. There remains too a lock of her hair – a heartbreaking keepsake taken when the Swires saw her last, almost 35 years ago, after a bomb exploded beneath her feet in the Lockerbie disaster.

It was on 21 December 1988, the eve of her 24th birthday, that Flora, a promising neurology student who had just been accepted to do a PhD at Cambridge, took her seat on a plane bound for New York. She had hoped to spend Christmas with her boyfriend, but would never make it.

Thirty-eight minutes after taking off at Heathrow, Pan Am Flight 103 exploded in the sky over the town of Lockerbie in Dumfries and Galloway, with such force on a windy night that the debris landed across an 845-square-mile radius from southwest Scotland to the east coast of England. The fairylights on Christmas trees all over Lockerbie blew their fuses, along with the rest of the grid; smoking orange flames illuminated the town, which quickly filled with the stench of jet fuel. (...)

The investigation has remained open ever since, with one man, Abdelbaset al-Megrahi, a Libyan national, the only person ever to be convicted of the atrocity. He was convicted in 2001 and given a life sentence, and died in 2012. But in February this year, the case returned to the courts for the first time in more than two decades.

Another Libyan national, Abu Agila Mohammad Mas’ud Kheir Al-Marimi (known as Mas’ud) has been accused of making the Lockerbie bomb, and is now awaiting trial (he has pleaded not guilty). The development should offer some shred of hope for the families whose lives irreparably changed that night. Yet Dr Jim Swire, Flora’s father, ‘has no interest’ in the prospect of Mas’ud’s conviction.

‘I know he didn’t make the bomb,’ Jim tells me. ‘I know who made the bomb.’

As such, the official criminal verdict on events to date – upcoming trial included – is, in his view at least, nothing more than ‘twaddle’.

Jim, now 87, had been writing Christmas cards on that December night in 1988 when his wife Jane told him that a plane had just come down over Scotland. He tried calling Heathrow, where Flora had been dropped off by her younger sister, Cathy, a few hours earlier – he spent five hours on hold to Pan Am as news coverage blared, showing body parts hanging from a roof, the 30ft hole a chunk of the 747 had left in a Lockerbie street, and relatives howling in anguish at JFK Airport. When he finally got through, staff confirmed the worst possible news: Flora had been on the flight. (...)

Jim, an old Etonian who went to Cambridge, is still spry in his late 80s – part-raconteur, part activist, wearing a sharp grey suit and trainers. Today, Jim, who became a GP but ultimately left the profession after his daughter’s death, and Jane, 84, take turns bustling between the kitchen and back garden of their home in the Cotswolds town of Chipping Camden with offers of cheese sandwiches and cups of tea. It is a cosy idyll that conceals the sea of names and dates and evidence-tag numbers still etched on their minds.

Some 35 years on, the Swires’ agony remains barely beneath the surface, the memories of their eldest child both a precious gift and cruel reminder of what they have lost. ‘To lose a close family member gives you a life sentence immediately,’ Jim says. ‘Your whole life is altered. And you have to start asking yourself how, how can you go on living, or how can Jane go on living, with a loss so terrible as this?’

Their experiences are documented in Lockerbie, a new four-part documentary that airs on Sky next week. It is a panoptic watch, following the lives of the residents in the town that was, until that day, just a fish ’n’ chip pitstop, 75 miles from Glasgow, before it was completely upturned. The documentary follows the families of UK and US victims, and officials from across the town’s police force, the FBI and the CIA, too. But it also lays bare how devastation led to remarkable acts of humanity, as residents mounted a volunteer effort to wash the clothes and teddies scattered thousands of miles from where they should have ended up, and sent them back to passengers’ loved ones; some of which resulted in relationships with grief-stricken families an ocean away that remain strong. Their lives are, now, forever intertwined.

But underlying the heartfelt stories is a darker thread – for decades on, opinions about who was to blame for the disaster are more divided than ever.

Jim remains dismayed by what he sees as a 35-year-long miscarriage of justice. In the immediate aftermath of the disaster, he became the spokesperson for the UK Families Flight 103 group and in the intervening decades, he has met numerous experts and officials, and had independent reviews of evidence undertaken. All of which has convinced him that justice has not been served – and that the wrong man was imprisoned, just as another ‘wrong man’ is now about to be tried.

His theory – that Libya wasn’t responsible for the bombing – runs counter to al-Megrahi’s conviction and Mas’ud’s arrest, and has been dismissed by many. But there are others in his corner, too. ‘Enough honest, reliable and knowledgeable people have discovered the awful truth behind this to know that the truth will now be able to look after itself,’ Jim says. ‘If I die tomorrow, I know the truth will eventually come out.’

Among those people is former CIA investigator John Holt, the long-time handler for the principal US government witness at al-Megrahi’s trial, Libyan agent Abdul Majid Giaka. Holt said at the time that Giaka never provided ‘any evidence pointing to Libya or any indication of knowing anything about that nation’s involvement in the two years after the bombing’ – despite later testifying. But when accused of lying under cross-examination, Giaka replied: ‘I had no interest in telling anybody any lies.’

Others who have been vocal about what they view as Libya’s wrongful implication include solicitor Clare Connelly, director of the Lockerbie Trial Briefing Unit, an independent project established by the School of Law of the University of Glasgow, and other UK relatives, including John Moseley [sic], whose 19-year-old daughter Helga was killed on Flight 103.

Al-Megrahi’s trial took place 22 years ago at Camp Zeist, a Scottish law court set up in the Netherlands (deemed a neutral territory), where judges heard that he had placed a bomb in a Samsonite suitcase. Lamen Khalifa Fhimah, his co-accused, was acquitted.

There was no smoking gun for the prosecution, but al-Megrahi was found guilty based on a series of links they felt couldn’t otherwise be explained: including that he had an office in Switzerland down the hall from a clockmaker whose device was used to make the bomb; and that clothing fragments found alongside remains of the bomb were traced back to a Maltese shop that its owner, Tony Gauci, said al-Megrahi had visited.

At the same time, there were escalating tensions between the West and Libyan premier Colonel Gaddafi, who was suspected to have ordered the bombing of a nightclub frequented by US personnel in West Berlin in 1986. Judges in al-Megrahi’s trial conceded the case included ‘a number of uncertainties and qualifications’; yet he was sentenced to life. (Libya later paid $2.7 billion to families of Lockerbie bombing victims, though this was considered a political move rather than an admission of guilt.) (...)

Time has only bolstered his defence of ‘poor’ al-Megrahi, having formed personal relationships with both him and Gaddafi before they died. They would exchange Christmas cards, and when al-Megrahi was given compassionate release in 2009 following a diagnosis of prostate cancer – returning to a hero’s welcome on the tarmac at Tripoli airport – Jim travelled to Libya to see him on his deathbed. At the time, Jim recalled al-Megrahi’s words to him: ‘I am going to a place where I hope soon to see Flora. I will tell her that her father is my friend.’

He was, in Jim’s eyes, only ever an unwitting pawn in geopolitically motivated ‘deception’ that he says is even now preventing justice for Flora and the other victims from being served. He also took a handful of clandestine trips to Gaddafi’s compound (he did not tell any authorities, and only informed Jane imminently beforehand), in which he would hear that the regime had not been to blame. On leaving their first meeting, Jim pinned a UK Families Flight 103 badge to Gaddafi’s lapel as a show of solidarity for the truth. He believes other UK families are onside, although many have never spoken publicly. But there are certainly others, particularly those in the US, who see this affinity with Gaddafi as a grave error.

For Jim, there are two pieces of evidence that point to al-Megrahi’s wrongful conviction. The 2001 case heard that the explosive had first travelled from Malta to Frankfurt, where Flight 103 began its journey to New York. (The London Heathrow stop was a layover.) But Jim believes the bomb was planted at Heathrow. At al-Megrahi’s appeal in 2002, a baggage handler told lawyers that the baggage build-up area at Terminal 3 had been broken into the night before the bombing.

The other piece of evidence relates to the bomb fragments. According to John Ashton, a researcher on al-Megrahi’s legal team, documents not disclosed during the original trial found differences between the metals of the timers being supplied to the Libyans at the time and those within the fragments police recovered from the Lockerbie site. The circuit-board patterns, however, did align, deemed to be the more important evidence.

Clare Connelly of the Lockerbie Trial Briefing Unit also questions the veracity of shopkeeper Tony Gauci’s evidence, as there have been claims that he was paid in connection with his participation in the inquiry, which she says would be ‘totally contrary to the interests of justice’. But in November 2013 the Crown Office said: ‘No witness was offered any inducement by the Crown or the Scottish police before and during the trial and there is no evidence that any other law ­enforcement agency offered such an inducement.’

As for who was actually responsible, Jim argues it was Iran, not Libya. He goes on to suggest that it might have been a retaliatory attack for the US shooting down an Iranian passenger plane, thought to have been incorrectly identified as a fighter jet in July 1988, which killed 290 innocent civilians. In his view, with American hostages held in Iran at the time and an upcoming election, the finger had to be pointed elsewhere. ‘What we’re being told is absolute nonsense from beginning to end. It was designed to protect the relationship between Britain and America and to help in getting home American hostages held by Iranian interests back in ’88.’

Jim insists that the bombmaker was not Mas’ud, as the US alleges, but ‘a Jordanian who was a double agent, or even a triple agent’ – feeding intelligence both to his own country and the CIA, while making explosives for a militant group active in Palestine at the time, called the PFLP-GC. Others have theories of their own around Iran’s involvement: Holt has also said ‘there was a concerted effort, for unexplained reasons, to switch the original investigations away from Iran and the PFLP-GC’ – backing Jim’s belief that the focus on Libya was politically motivated.

For the officials who spent years putting together their case, however, Jim’s theory is not credible enough to upend ‘the biggest case the FBI ever had… I don’t believe, in the history of law enforcement, there was a crime quite like Pan Am 103.’ So says Richard Marquise, who led the FBI investigation. ‘I will never attack [Jim], I will never tell him he’s a liar or wrong. I will never say a negative thing, because I cannot feel his pain; I am sure it’s enormous. But I disagree with his assessment of the evidence.’ (...)

For Jim, his ‘obsession’ has been an outlet for the pain of losing Flora. As he puts it: ‘It has provided me with a way of coping with my grief.’

As for Jane, she has had little choice but to accept her husband’s dogged pursuit of answers; something Jim is painfully aware of. ‘[I often think] what is it doing to Jane, that I’m still doing this?’ he admits. (...)

There is another source of anguish for the Swires – a series of missteps without which Flora may never have boarded Flight 103 in the first place.

In late October 1988, West German police found a bomb hidden inside a Toshiba radio cassette player in an apartment in Neuss, believed to have been manufactured to detonate mid-air. The British Department of Transport (DoT) went on to warn airports and airlines of its existence via telex the next month.

Then, on 5 December, an anonymous threat was phoned in to the US embassy in Helsinki, stipulating that within two weeks, someone would carry a bomb on to a Pan Am flight from Frankfurt to the US. Notices were put up on embassy walls, and US officials were told they could rebook on another flight home for Christmas if they so wished; Interpol informed 147 countries, Britain included – yet the ‘Helsinki warning’ was never made public.

Two days before Lockerbie, a circular featuring images of the explosives authorities feared had been designed to blow up planes was signed by the DoT’s principal aviation security advisor, but never sent out. (...)

Jim would like there to be an examination of the evidence in the International Criminal Court. He sees this as the only possible route to justice now – but each passing year makes it less likely.

‘Our numbers are dropping all the time from people dying off from old age,’ he says of the families’ group, ‘and I’m amazed that I haven’t long ago because the stress all this has been over the last 35 years – why I haven’t died of a heart attack, I don’t know… But I would love it if [the truth] were to come out while we were still around.’

John Dower, director of the new documentary, says that his main hope is that those involved in it will ‘get some resolution, some peace, because that’s what struck us most making this, the ongoing trauma. It’s 35 years later, but that trauma is still there.’

Lockerbie will be on Sky Documentaries and Now from 25 November

Friday, 18 December 2020

“Is this an American attempt to influence the judges?"

[What follows is excerpted from an article by Tom Peterkin in today's edition of The Press and Journal:]

The FBI agent who led the original Lockerbie investigation has revealed the atrocity’s latest suspect was on his “radar” 30 years ago but there was a struggle to prove the case against him.

Richard Marquise said it was strongly suspected Abu Agila Mohammad Masud was the “technician” responsible for the bomb that killed 270 people in the worst terrorist outrage committed on UK territory.

Mr Marquise was reacting to reports suggesting that US prosecutors will seek the extradition of Mr Masud and he will be charged in a matter of days, to stand trial in America.

As the man who led the US side of the inquiry into the bombing, Mr Marquise welcomed reports that Mr Masud could face justice, claiming any progress would be appreciated by the families who lost loved ones on Pan Am Flight 103.

“If there is going to be another trial, I’m sure the families will be… I’m not going to use the word thrilled…. because it doesn’t bring a loved one back. But I am sure they will be grateful,” Mr Marquise said. (...)

“He’s been on my radar for around 30 years,” Mr Marquise said. “He was someone we were very interested in, but we never quite found out who he was. The Libyans disavowed any knowledge of him. We knew he existed but he was never really identified.

“Back in 1991, we knew his name. We knew what he looked like and we knew what he allegedly was responsible for. He was the technician.”

The retired FBI agent added: “In my mind I always felt he was connected to it somehow But we didn’t have the clues to prove it.”

Kenny MacAskill, the former Justice Secretary who controversially released Megrahi on compassionate grounds, agreed.

“He was the one with the skills. He was on the original indictment, I’m led to believe. So he was always a wanted man,” Mr MacAskill said. “The idea that Megrahi did this on his own was absurd.”

Reports from the other side of the Atlantic suggest Mr Masud had been in custody in Libya on unrelated charges but his current whereabouts are unknown.

Since Mr Marquise’s official involvement in the investigation, there have been some developments. At the forefront of these have been the work of Ken Dornstein, a journalist whose brother David was on the London to New York flight.

In 2015 Mr Dornstein produced a investigative documentary, Lockerbie: My Brother’s Bomber, which linked Mr Masud to the bombing of Berlin’s La Belle nightclub in 1986.

Mr Dornstein interviewed a Libyan intelligence officer who said Mr Masud was involved in the bombing before the unification of Germany, which killed two US servicemen.

The same source alleged Mr Masud, by then in jail in Tripoli, was involved in the Lockerbie bombing and said he was still alive.

Mr Dornstein also claimed Mr Masud met Megrahi after the latter was freed from a Scottish jail in 2009 and given a hero’s welcome when he landed back in Libya. (...)

Mr MacAskill has already made it plain that he believes that people other than Megrahi should be held to account for the bombing.

“Question arise as to why, if they are going for Masud, aren’t they going for Senussi?” asked the former Justice Secretary. 

Mr MacAskill was referring to Abdullah Al Senussi, the late Libyan dictator Colonel Gaddafi’s brother-in-law and former spy chief who has long been associated with the crime. (...)

“I heard over recent years the view of the Libyans was they don’t like Senussi and they don’t like Masud, but giving them up to the Americans is a step too far,” Mr MacAskill said.

“I think this is probably the juncture for Britain and America to be a bit more open in information they do have and produce it, as opposed to hiding it.”

What can be read into the timing of Masud’s extradition?

That is an interesting question, according to Professor Robert Black, an the Edinburgh University legal academic who has been a keen student of the Lockerbie case.

Professor Black is regarded as the architect of the Scottish court that was set up in Camp Zeist, Netherlands, to try Megrahi and his co-accused, Al Amin Khalifa Fhimah, who was found not guilty.

“I wonder…. why now?” asked Professor Black. “Masud’s name has featured in the Lockerbie case since the very beginning, when charges were brought against Megrahi and Fhimah in 1991.”

“I think the answer to that is William Barr, the US Attorney General, is wanting to go out with a bang.”

This week it was announced that Mr Barr, who has been one of Donald Trump’s staunchest allies, is to step down as head of the US’s Justice Department.

Professor Black pointed out that Mr Barr was actually acting Attorney General way back in 1991 and was the one to announce that Megrahi and Fhimah were being charged.

“Now that he’s about to leave the scene, I think he wants to go out and his name to be remembered: Lockerbie at the beginning and Lockerbie at the end,” Professor Black said. (...)

Professor Black, who has long argued that Megrahi should not have been convicted on the evidence brought before Camp Zeist, suggested cynics might view attempts to extradite Musad as an attempt to make an impact on the appeal process.

“The other possibility is that it is a blatant attempt to influence the Scottish judges because they have got the latest Megrahi appeal before them and we await their judgement,” Professor Black said.

The argument would be that the existence of another high-profile Libyan suspect, alongside Megrahi, would back up the case for Libyan involvement in the crime.

“Is this an American attempt to influence the judges to uphold the Megrahi conviction? That’s a very, very cynical view.”

But cynicism was how the development was greeted by Megrahi family’s lawyer, Aamer Anwar.

“It’s difficult not to be cynical about the motivation of the Americans, that on the eve of the anniversary of the Lockerbie bombing as well as the appeal decision, the US now wish to indict an individual, 32 years after the bombing, what exactly have they been doing up until now?” said Mr Anwar

“Why would the Attorney General William Barr wait until just as he is about to step down from the Justice Department, considering that he was involved with this case since 1991.”

Monday, 16 March 2020

Ghosts of Lockerbie stirred with prospect of posthumous appeal

[This is the headline over a report published this evening on the Al Jazeera website. It reads in part:]

On March 11, the Scottish Criminal Cases Review Commission (SCCRC) stirred the ghosts of a painful past when it announced that the conviction of Abdelbaset al-Megrahi for the bombing might have constituted a miscarriage of justice. (...)

Several relatives of victims have also celebrated the legal development.

Jim Swire collaborated with the al-Megrahi family on the SCCRC application. He lost his 23-year-old daughter Flora on the New York-bound flight that exploded over Scotland just 38 minutes after its takeoff from London.

Swire has long believed that al-Megrahi was innocent of the bombing - and is already looking ahead to the next phase of the judicial process which will see the case make its way to Scotland's High Court of Justiciary.

"I'm delighted that the case has been referred back to the Appeal Court - but I'm already concerned about how the case in the Appeal Court will be conducted," Swire, now in his 80s, tells Al Jazeera.

The Glasgow-based legal team highlighted six grounds why al-Megrahi's conviction constituted a grave miscarriage of justice - but the SCCRC upheld just two: "unreasonable verdict" and "non-disclosure" of evidence. (...)

John Mosey, whose 19-year-old daughter Helga was killed in the bombing, also threw his support behind the application.

Speaking to Al Jazeera from his home in England, Mosey, a reverend, said the commission's decision, which prompted him to exclaim "Hallelujah", was the "end of a first step of a long battle".

Like Swire, he remains concerned that the grounds for appeal, as selected by the SCCRC, "are limited".

But the commission's decision will likely reopen painful wounds, especially in the United States where many victims' families and involved law enforcement officials continue to view al-Megrahi as guilty.

However, Richard Marquise, who led the FBI's US Lockerbie taskforce, told Al Jazeera that the "the circumstantial evidence" that put al-Megrahi behind bars in a Scottish jail "was overwhelming".

"I have seen the evidence; know, personally, some of the witnesses and; have read the entire transcript," said the retired special agent of the SCCRC's claim that "no reasonable trial court, relying on the evidence led at trial, could have held the case against Mr Megrahi was proved beyond reasonable doubt".

"Those who passed judgment from an ivory tower were never involved in the investigation, nor did they attend one day of trial."

[RB: Dr Jim Swire and the Rev'd John Mosey attended every day of the trial at Camp Zeist. I did not (and I suspect I may be one of the inhabitants of an "ivory tower" that Richard Marquise is intending to refer to) but, like Mr Marquise I read every day's transcript as it appeared. From the day after the verdict was announced I have expressed the view that no reasonable court could have convicted Megrahi on the evidence led at the trial. That is the unshakeable view that I continue to hold nineteen years later. And the independent and expert SCCRC, after two separate investigations conducted thirteen years apart by two quite separate and different teams, has twice now reached the same conclusion as me. Mr Marquise's protestations are starting to look rather desperate.]

Saturday, 6 July 2019

Scotbom: Evidence and the Lockerbie Investigation with author Richard Marquise

[This is the title of a podcast uploaded yesterday to the Stratfor Worldview website. It takes the form of an interview with Richard Marquise conducted by Stratfor's Chief Security Officer Fred Burton. The podcast can be listened to, and a transcript can be read, here. The introduction reads as follows:]

On December 21, 1988, a plane full of travelers bound from London to New York exploded over Lockerbie, Scotland. All on board were killed, as were 11 people on the ground. The subsequent investigation into the bombing spread over hundreds of square miles in a hunt for evidence that had been blown to smithereens.

The FBI's lead investigator in the case, Richard Marquise, was assigned to the monumental task of helping determine what had happened, who was responsible and, eventually, how to prosecute the case. He talked about his book detailing those efforts, Scotbom: Evidence and the Lockerbie Investigation with Stratfor Chief Security Officer Fred Burton.

[RB: The podcast does not cover the criticisms of the investigation, prosecution and trial that have subsequently been made by the United Nations appointed observer at the trial, Professor Hans Köchler; by the Scottish Criminal Cases Review Commission; by John Ashton; by Dr Morag Kerr and by many other persons and organisations. However it does contain interesting material, particularly on relations between the FBI and the Scottish police, and between the Scottish (and UK) authorities and the United States government.]

Thursday, 6 June 2019

Fred Burton and the Lockerbie case

[This is the headline over an article published today on Dr Ludwig de Braeckeleer's Intel Today website. The full text can (and should) be read here. The following are extracts:]

In his best-seller book Ghost, Mr Fred Burton — Stratfor Vice President of Intelligence — makes a truly extraordinary statement regarding the Lockerbie Case. If true, Burton’s allegation totally destroys the credibility of the ‘official story’ as narrated by FBI Richard Marquise, who led the US side of the Lockerbie investigation. (...)

During the Lockerbie investigation, detectives from Britain, the United States and Germany examined computer records at Frankfurt airport.

They concluded that an unaccompanied Samsonite suitcase — thought to have contained the bomb — arrived on 21 December on Air Malta Flight KM 180 before being transferred on to Flight 103.

This evidence led Britain and the US to charge two Libyan Arab Airlines employees who had worked in Malta  — Lamen Khalifa Fhimah and Abdel Basset Ali Al-Megrahi — with putting the suitcase on Flight KM 180.

In his best-seller book Ghost, Mr Burton — a former deputy chief of the DSS counterterrorism division — claims that the CIA told him — a few days after the bombing of Pan Am 103 — that the bomb (located in a Samsonite suitcase) had come from Malta Airport. REPEAT: “A few days after the bombing of Pan Am 103.”

The key Frankfurt document — printed by an airport employee named Bogomira Erac — was given to the German BKA in February 1989. This document was not shared with the Lockerbie investigators until the end of the summer 1989. (Richard Marquise – SCOTBOM page 50).

So, if Mr Burton tells the truth about his CIA contact, we have a serious problem.

How on earth could the Agency have known in December 1988 about the Malta-Frankfurt route when the ‘evidence’ about it only appeared eight months later?

Burton’s extraordinary allegation would imply that the Lockerbie investigators were led by the nose to the ‘Libyan culprits’. (...)

As I have explained in the past, I do believe that Libya was framed for the Lockerbie bombing. But the decision to frame Libya did not occur before the summer of 1989.

For the record, Giaka — the CIA asset in Malta — NEVER told the CIA anything regarding a Samsonite suitcase brought by Megrahi and/or Fhimah to Malta airport.

As I explained recently, Giaka did not report this event because he never witnessed it. The debriefing with his CIA handler did NOT occur in the morning of December 20 but in the afternoon, between 12:00 and 18:00. Megrahi and Fimah arrived in Malta with Flight KM 231 which landed in Luqa airport at 17:15.

As a matter of fact, the CIA stopped paying Giaka because he had no useful information to pass.

The SCCRC has recently accepted to review the Lockerbie case. If Mr Burton’s extraordinary allegation can be proven, then obviously, Megrahi was framed as many experts suspect.

Of course, the study of the key piece of evidence (PT35b) has already demonstrated that much.

Friday, 8 March 2019

"... the FBI was put in charge of the crime scene in Lockerbie"

[What follows is excerpted from a report published today on the website of North Carolina's Bladen Journal:]

The former FBI investigator, [John Kelso] who led the probe in the 1988 bombing of Pam Am Flight 103, was the guest speaker for the Bladen Leadership Luncheon, a fundraiser for the Cape Fear Council Boy Scouts of America. (...) [RB: Until today John Kelso's name has not once appeared on this blog during its (almost) twelve year existence. The head of the FBI's Lockerbie investigation team is usually given as Richard Marquise.]

On a topic that could be discussed or presented over many sittings, the skilled orator explained how the FBI was put in charge of the crime scene in Lockerbie, Scotland, how it went about determining suspects and what has happened in the 30-plus years since. [RB: Is it really the case that the FBI, and not the Scottish police, were in charge of the crime scene? If true, this might explain a lot. But I am reluctant to believe that it is true.]

The plane with 200,000 pounds of fuel carrying 259 people was at 31,000 feet flying 500 mph. When a Semtex device of about 1 pound exploded, all aboard and 11 on the ground were killed.

The crime scene was scattered over 845 square miles, which is roughly just smaller than Bladen County.

“We initially had three theories,” said Kelso, who retired in 2002. “One was a suicide bomber, someone knowingly checked in the device. The second was a mule, which is a situation, for example, of boyfriend and girlfriend. Someone says if you take some of my luggage, I’ll join you later. The mule is the one who takes the luggage.

“And then the third was an inside job, which is what happened.”

The agency’s investigation had a lucky break and a mystery letter, elements that seem to often accompany movie thrillers and good books. The break was two-fold, that the airplane didn’t take off on time and the explosive device was a straight timer as opposed to a barometric device.

Had the plane been on time, the explosion would not have happened over land, and all the evidence would have been on an ocean floor. [RB: Dr Morag Kerr has debunked the claim that the aircraft was late in leaving Heathrow. It left its stance within two or three minutes of the scheduled time.]

The anonymous letter was written and left at a US embassy in Vienna within weeks of the bombing, yet left pretty well out of the three-year probe. When a suspect connected to the timer was fingered, his conversation with the FBI uncovered his authorship of the letter. [RB: The strange story of the letter written by Edwin Bollier on a Spanish-keyboard typewriter is discussed in the trial court's judgement at paragraph 47.]

Kelso told the group he’s met with families of those killed. The meetings were emotionally draining.

At Syracuse University, which had several students onboard, an anniversary is held each year. Kelso and his wife have stayed in touch with one family, connected as parents of twins.

“One was a student at Syracuse, one at Rensler — both on the same flight and were killed,” Kelso said of the parents’ sons. “They both keep hoping, as do I, that there will be a stable government in Libya to help us get to the bottom of this. We indicted two, and convicted one, but we know there is more to this.

“For us who worked the case, and the families grieving, that’s what they’d like to see. If they could have some closure, charges against other Libyan officials, that would make things better.”

Saturday, 9 February 2019

Death of Senior Investigating Officer of Lockerbie atrocity

[What follows is excerpted from a report published today on the website of the Edinburgh Evening News:]

Heartfelt tributes have been paid to one of the Capital’s “outstanding” police officers.

Former Detective Chief Superintendent Stuart Henderson MBE headed up the Lockerbie investigation and helped bring some of Scotland’s most notorious killers to justice.

He died, aged 78, after an illness on January 31 with a funeral at Warriston Crematorium later this month.

Former Lothian and Borders Police deputy chief constable Tom Wood rose through the ranks under DCS Henderson.

The pair worked in CID together and the major investigations unit for 20 years – helping bring killers Robert Black and Angus Sinclair to justice.

“Stuart was a friend of mine and we worked together for many years. He was an outstanding man with unbounded enthusiasm,” said Mr Wood. (...)

“He was committed to the job, most latterly as senior investigating officer of Lockerbie. It was an enormous job and would’ve crushed most men – but not Stuart. I was very, very sad to hear of his death at a relatively young age. He was super physically fit – an incredible character.

“He did nothing in half measures. Everything he did was 100 per cent, that’s the kind of guy he was and everybody who worked with him would recognise that.

“He was one of the outstanding police officers of his generation and a first class detective.”

Police Scotland Chief Constable Iain Livingstone last night praised Mr Henderson for remaining close to families affected by Lockerbie.

Mr Livingstone said: “He performed his public service with skill and commitment and will be sorely missed.”

[Stuart Henderson's name has featured frequently on this blog. His conduct as Lockerbie SIO, and especially his Lockerbie-related interventions in the years following, have been subjected here to strong and, I would contend, entirely justified, criticism.

What follows is excerpted from the obituary of Mr Henderson that appeared in The Scotsman on 13 February 2019:]

Henderson went on (...)  to forge a career in CID that ultimately saw him take charge of the biggest mass murder inquiry in Scottish criminal history – the bombing of Pan Am flight 103 over Lockerbie in December 1988.

On the night of December 21, 1988 he was the most ­senior Lothian and Borders police officer on duty in Edinburgh and went immediately to the site of the Lockerbie disaster, likening it to a war zone.

For two years he was deputy senior investigating officer for Strathclyde Police’s John Orr on the case which involved the murders of 259 passengers and crew on the plane and 11 residents on the ground. Then, in 1990, when John Orr became deputy chief constable of Dumfries and Galloway, he took complete charge of the hunt for the culprits – a role that completely dominated the latter years of his police career and saw him visit 47 countries.

By now a detective chief superintendent, he worked closely with the FBI agent Richard Marquise, who was in charge of the United States’ task force. Henderson’s work earned him the MBE in the New Years honours of 1992 and he retired that same year after delivering a report to the Procurator Fiscal naming two men allegedly involved in the bombing, Abdelbaset al-Megrahi and Al-amin Khalifa Fhimah.

The latter was acquitted after a trial in the Netherlands but Megrahi was ­convicted in 2001. In 2009, suffering from cancer, he was released from jail in Scotland on ­compassionate grounds, a move Henderson vehemently opposed. Both he and ­Marquise wrote to the then Justice Secretary Kenny MacAskill, urging him not to release the convicted mass murderer.

Henderson, who had marked the 10th and 25th anniversaries of the tragedy at Arlington National Cemetery in Virginia where there is a red sandstone Lockerbie cairn memorial, felt it was a naive move and rejected any suggestion Megrahi had been framed as an insult to the police.

Sunday, 26 August 2018

A mosaic of supposition and surmise

[What follows is a short excerpt from a profile of special prosecutor Robert Mueller published in today's edition of the Sunday Herald:]

In 1982, he became an assistant US attorney in Boston, investigating and prosecuting major cases that ranged from terrorist to public corruption. He then had spells as partner in law firms or in public service. In July 1990, he took over the criminal division of the US Department of Justice.

In his book Enemies: A History of the FBI, author Tim Weiner says FBI agents “instinctively liked [Mueller], despite his aristocratic demeanour ... [He] had a sharp mind, a first-rate temperament, and a high regard for well-crafted cases ... [He] was a born leader”.

One of the cases that fell to him was the investigation into the bombing of Pan Am flight 103 over Lockerbie. Weiner says that at that time, the investigation was “a mosaic of supposition and surmise ... Someone needed to take charge”. Mueller quickly put FBI Special Agent Richard Marquise, who had been involved with the case from the outset, in full charge of it now, tasking him with turning intelligence into evidence.

Intelligence began to be shared much more widely and diligently, and Abdelbaset al-Megrahi was charged and convicted.

Wednesday, 8 August 2018

The dark past of special prosecutor Robert Mueller

[This is part of the headline over an article published today on Dr Ludwig de Braeckeleer's Intel Today website. What follows is the section of the article devoted to the Lockerbie case:]
Robert Mueller was assistant attorney general in the United States in 1991 when indictments were issued for the two Libyan suspects, Megrahi and Al-amin Khalifa Fimah. At the Zeist trial in 2001, Fimah was found NOT guilty but Megrahi was found guilty.
During the indictment speech, Mueller explained the importance of PT/35(b), a small fragment of a circuit timer that was allegedly found among the debris of Pan Am 103 near the town of Lockerbie.
PT/35(b) was the key piece of evidence of the Lockerbie Case. As Richard Marquise (FBI Agent who led the US side of the investigation and reported directly to Mueller) himself said:  “Without PT/35(b), there would have been no indictment.”
This fragment was eventually matched to a timer (MST-13) discovered among the weapons and material seized from rebels after an attempted coup in Togo on 23rd September 1986.
This MST-13 had been manufactured by the Swiss company MEBO and supplied “solely” to Libya.
Today, we know that PT/35(b) is a forgery. We also know that at least one witness was well aware that PT/35(b) could not have been part of the MST-13 timers delivered to Libya and that this witness deliberately withheld  this information from the court.
But back in 1992, it would appear that some folks at the Crown office had their own doubts…
Following submission of the Police Report (section 30.0 dealing with PT/35b to the Crown), it was requested that certain further tests which had earlier been carried out on the fragment also be performed on the control sample [ DP/347(a)] of MST-13 circuit board.
Five tests were carried out in the period from 28 February 1992 to 6 March 1992. The conclusion of the report states that none of the scientists would say conclusively that PT/35(b) and DP/347(a) were specifically the same material or from the same source.
In fact, all these scientists had pointed out correctly various methods to establish that PT/35(b) was NOT similar to the control sample of the timers delivered to Libya.
At that point in time, it would have been scientifically straightforward to demonstrate that PT/35(b) — the key piece of evidence linking Libya to Lockerbie — was a forgery.
But nothing was done and a few weeks later — on 31 March 1992 — the UN Security Council passed resolution 748 imposing mandatory sanctions on Libya for failing to hand over Megrahi and Fhimah.