Showing posts sorted by date for query Tony Gauci. Sort by relevance Show all posts
Showing posts sorted by date for query Tony Gauci. Sort by relevance Show all posts

Sunday, 23 August 2026

The origin of the Lockerbie bomb

[This is the headline over a letter from Dr Jim Swire published in today's edition of The Sunday Times of Malta, following an article in last Sunday's edition of the newspaper. The letter reads as follows:]

After all these years of attempting to discover the truth about the murder of my daughter, Flora and all those 269 others, our group UK Families-Flight 103 have researched the allegations in depth. That search has always and only been for truth.

If there is one aspect of the tragedy about which we are certain, it is that the Lockerbie bomb did not start its journey from Malta.

There seems no robust evidence to show that it did do so, other than the bought ‘evidence’ given by Tony Gauci concerning the buying of clothes from Mary’s House in Sliema and the discovery of a fragment of circuit board produced in the Zeist court from within a Scots police evidence bag.

It is clear that the fragment of circuit board, which was labelled PT35b in the Zeist court, was planted false evidence. It has been repeatedly carefully analysed in the UK by a series of responsible and academic authorities. These analyses showed that the copper tracks on PT35b had been plated with pure tin, not the alloy of tin and lead which was in universal professional use in 1988.

In addition, a series of trial explosions were conducted for the Zeist defence team by a UK based explosives expert of many years standing which found that the circuit board of the bomb would have been reduced to a brown powder by the blast and heat of the IED bomb. PT35b simply could not be genuine, yet, it was said in America to be the one thing that enabled the Zeist trial to be set up.

The court chose both to ignore these findings and failed to explore how a clearly false item could have entered an official Scots police evidence bag. 

If PT35b had been genuine, it would have proved that a digital electronic timer had been used. The flight time from Luqa to Frankfurt is around two hours and 45 minutes and digital timers like that from which PT35b was alleged to have come can be user settable and encompass delays of many hours. Our work shows that an analogue timing circuit with a maximum run time of around 45 minutes was what really triggered the bomb, so no one could have sent it on its way from Luqa without it exploding over the Mediterranean or continental Europe.

We hope that some aspect of truth may emerge from the upcoming trial of the Libyan Masud but there is no way that that trial can be made to bridge this two hours and 45 minutes between your lovely island and the now peaceful fields surrounding the little town of Lockerbie.

Sunday, 16 August 2026

Senior Maltese figures deny Malta link to Lockerbie bomb

[What follows is excerpted from a report published in today's edition of The Times of Malta:]

A popular Netflix series about the Lockerbie bombing presents Malta as the starting point of the bomb’s journey, a version of events long disputed by senior Maltese figures as well as some families of the deceased.

The Bombing of Pan Am 103, which is currently the most-watched show on Netflix in Malta and ranks third globally, broadly follows the case presented by Scottish prosecutors.

But that account was disputed by several figures, including certain investigators, former prime minister Eddie Fenech Adami and former president George Vella

The series, first released in the UK last year, follows the joint Scottish and FBI investigation into the bombing of Pan Am flight 103. (...)

Malta features prominently in the series as the Luqa airport is depicted as the place where the Libyan secret service planted a timer bomb in checked-in luggage.

According to the prosecution case, the luggage was transferred to Frankfurt on an Air Malta flight before travelling to London Heathrow and eventually being loaded onto Pan Am 103. (...)

Fenech Adami later questioned whether the bomb could have travelled along the route presented by prosecutors.

In his 2014 book, Eddie – My Journey, he wrote: “My opinion is that it was technically impossible for the bomb to have taken such a complicated route.

“It would also have been a very haphazard method of executing this act of terrorism.”

Alongside many others, the doubts centred on Tony Gauci, a Maltese shopkeeper whose testimony became an important part of the prosecution case. 

Investigators traced clothing found in the suitcase containing the bomb to Mary’s House, a shop in Sliema owned by Gauci.

Gauci identified al-Megrahi as the man who had bought the clothes in December 1988, weeks before the bombing.

Fenech Adami later described him as an unreliable witness.

“The only evidence against al-Megrahi was the testimony of a Maltese shopkeeper, Tony Gauci, who said he sold the Libyan the clothing,” he wrote.

“While I do not think it can be ruled out that al-Megrahi was in some way involved, I have always considered Gauci, who was paid by the Americans, to be a very unreliable witness.”

Vella, who was foreign minister in the 1990s and, again, in the early 2010s, went further.

He told an episode of Times Talk in 2013 that he was convinced al-Megrahi was innocent.

Questions were also raised about Gauci by the Scottish Criminal Cases Review Commission, an independent body which examines possible miscarriages of justice.

The commission described him as an unreliable witness and said prosecutors had failed to disclose statements to al-Megrahi’s defence showing that Gauci had changed his account on important details over the years.

Al-Megrahi’s defence contended that Gauci was paid “in excess of $2 million” and his brother was paid “in excess of $1m” for their cooperation.

Jim Swire, whose daughter Flora was killed in the bombing, also accused Gauci of “betraying a fellow human being for money” in a Times of Malta interview in 2013.

Documents published later by The Sunday Times of Malta showed that the lead investigator in the case lobbied US authorities to pay at least $3 million to Gauci and his brother Paul for their role in helping secure the conviction. 

Neither brother ever confirmed or denied that they had been paid.

Gauci, who lived in Swieqi before his death in 2016, never spoke publicly about the case.

Joe Mifsud, a former Labour Party official and journalist who is now a magistrate, also challenged the prosecution case in his 2014 book Terror’s Footprints.

“It had always seemed manifestly clear to me that the two accused persons had not committed the terrorist attack and that the suitcase containing the bomb which caused the explosion had not left from Malta.”

Mifsud pointed instead to an argument raised by the defence that the Popular Front for the Liberation of Palestine – General Command may have been responsible.

The theory is that the Syria-based group received $10 million or so from Iran immediately after Lockerbie. It appeared to have acted as a mercenary or executor in carrying out the wishes of the Iranian Ayatollahs in revenge for the erroneous US downing of an Iranian aircraft in 1988. (...)

Friday, 13 March 2026

Lockerbie, petition PE1370 and the continuing political debate

[At a meeting held on 11 March 2026 the Scottish Parliament’s Criminal Justice Committee kept open the Justice for Megrahi campaign’s petition PE1370. What follows is an account of the historical background:]

More than three decades after the destruction of Pan Am Flight 103 over the Scottish town of Lockerbie, the political and legal debate surrounding the conviction of Abdelbaset al‑Megrahi continues. One of the most persistent mechanisms keeping the issue alive in Scotland is Petition PE1370, lodged in the Scottish Parliament in 2010 and still technically open today.

The bombing of Pan Am Flight 103 on 21 December 1988 killed 270 people, including passengers, crew and residents of Lockerbie. It remains the deadliest terrorist attack ever to occur in the United Kingdom. The investigation that followed involved police forces and intelligence agencies across several countries and eventually led to charges against two Libyan intelligence officials.

Because of diplomatic complications, the suspects were tried under Scottish law at a special court sitting in the Netherlands at Camp Zeist. In 2001 the court convicted Abdelbaset al‑Megrahi and sentenced him to life imprisonment, while his co‑accused Lamin Fhimah was acquitted. The conviction was upheld in Megrahi’s first appeal in 2002.

However, the case soon became controversial. Critics argued that key elements of the prosecution case were uncertain. Central among these concerns was the testimony of Maltese shopkeeper Tony Gauci, who identified Megrahi as the man who bought clothing that surrounded the suitcase bomb. Gauci’s identification was criticised as inconsistent and influenced by media exposure. Questions were also raised about the forensic evidence linking a tiny fragment of circuit board to Libyan intelligence and about the broader theory that Libya alone was responsible for the attack.

The debate intensified in 2007 when the Scottish Criminal Cases Review Commission completed a four‑year investigation into the conviction. The Commission concluded that there were six grounds on which a miscarriage of justice might have occurred and referred the case back to the appeal court. That appeal never reached a conclusion because Megrahi abandoned it in 2009 shortly before he was released from prison by the Scottish Government on compassionate grounds after being diagnosed with terminal cancer. He returned to Libya and died in 2012.

Because the appeal was abandoned, many of the questions raised by the review were never fully tested in court. This gap in the legal process became the central argument for campaigners who believed the case should be re‑examined.

In 2010 campaigners led by Dr Jim Swire, whose daughter Flora died in the bombing, lodged Petition PE1370 in the Scottish Parliament. The petition called for the Scottish Government to establish an independent public inquiry into the conviction of Megrahi. Over the years the Public Petitions Committee repeatedly decided to keep the petition open while related investigations and appeals continued.

The legal debate resurfaced again in 2020 when the Scottish Criminal Cases Review Commission referred the case back to the High Court of Justiciary for a second time. Megrahi’s family pursued the appeal after his death, arguing that evidence had been withheld and that the identification evidence was unreliable. In January 2021 the appeal court rejected the challenge, ruling that although aspects of the evidence had been criticised, a reasonable court could still have convicted Megrahi. In 2022 the United Kingdom Supreme Court refused permission for a further appeal, effectively bringing the legal process in Scotland to an end.

Despite these decisions, the political debate has not disappeared. Some relatives of victims, lawyers and former investigators continue to argue that the conviction has never been adequately scrutinised in light of the concerns raised by the Criminal Cases Review Commission. Members of the Scottish Parliament from different political parties have periodically suggested that a public inquiry might still be necessary to resolve lingering doubts.

At the same time the international investigation has continued. In 2022 a Libyan suspect, Abu Agila Masud, was transferred to the United States to face charges related to the construction of the bomb used in the attack. His trial may produce new evidence about the operation that destroyed Pan Am Flight 103.

For this reason Petition PE1370 has remained open within the parliamentary system. By carrying the petition forward into new parliamentary sessions, committees have effectively preserved the option of revisiting the case if significant new information emerges. The petition has therefore become less a single political demand than a continuing parliamentary placeholder for one of the most controversial criminal cases in modern Scottish history.

Timeline of Key Events

1988 – Pan Am Flight 103 explodes over Lockerbie, killing 270 people.

1991 – Two Libyan suspects, Abdelbaset al‑Megrahi and Lamin Fhimah, are formally charged.

2000–2001 – Trial held under Scottish law at Camp Zeist in the Netherlands.

2001 – Megrahi convicted; Fhimah acquitted.

2002 – Megrahi’s first appeal is rejected.

2007 – Scottish Criminal Cases Review Commission concludes a miscarriage of justice may have occurred and refers the case for appeal.

2009 – Megrahi abandons the appeal and is released from prison on compassionate grounds.

2010 – Petition PE1370 lodged in the Scottish Parliament calling for an independent inquiry.

2012 – Megrahi dies in Libya.

2018–2020 – Further review by the Criminal Cases Review Commission leads to another referral for appeal.

2021 – High Court of Justiciary rejects the posthumous appeal.

2022 – UK Supreme Court refuses permission for a further appeal.

2022–present – Libyan suspect Abu Agila Masud faces prosecution in the United States.

Key Figures Associated with Petition PE1370

Dr Jim Swire – British doctor and leading campaigner for a full inquiry; his daughter Flora died in the Lockerbie bombing.

Members of the Scottish Parliament Public Petitions Committee – the parliamentary body responsible for considering and keeping PE1370 open.

Abdelbaset al‑Megrahi – Libyan intelligence officer convicted of the bombing in 2001.

Lamin Fhimah – Co‑accused at the original trial who was acquitted.

Tony Gauci – Maltese shopkeeper whose identification evidence played a key role in the conviction.

Scottish Criminal Cases Review Commission – the body that twice referred the conviction back to the appeal court citing possible miscarriage of justice.

Tuesday, 21 January 2025

Serious evidence-based concerns never addressed

[What follows is the text of an article by Dr Morag Kerr which is published today on the Scottish Legal News website:]

Dr Morag Kerr, secretary-depute of Justice for Megrahi, replies to Ronnie Clancy KC’s recent articles on Lockerbie and argues that despite the slur of ‘conspiracy theorist’ used by the UK and Scottish governments, the Crown Office, the SSCRC and the Americans, Mr Megrahi still suffered a miscarriage of justice.

I declare that the bomb that caused the Lockerbie disaster was in the suitcase seen by John Bedford in the baggage container in the interline shed at Heathrow at 4.30 pm, an hour before the PA103 feeder flight from Frankfurt landed. I challenge Mr Clancy, or anyone else, to prove me wrong using facts and reason, not the unevidenced opinions of others, and not legal technicalities.

Mr Clancy makes a number of assertions in his two-part article of 6th and 7th January, and delivers a number of ad hominem attacks on critics of Abdelbaset al-Megrahi’s conviction, but actual evidence is in short supply. Reasoned refutation is conspicuous by its absence. Much of his argument consists of “the SCCRC have looked at this and say it’s fine, nothing to see here folks,” and “these people are dreadful conspiracy theorists.”

The lazy “conspiracy theorist” slur is a repeat of Magnus Linklater’s perennial articles for The Times, built on a false premise, or rather the logical fallacy of the unexcluded middle. There is a third possibility between that of Megrahi being guilty as charged and the police, the justice system and the SCCRC all being complicit in a conscious conspiracy to perpetuate a miscarriage of justice, and that is the aspect of human nature known as confirmation bias. Reading Mr Clancy’s articles it is very difficult to avoid the conclusion that he too is a victim of this particular form of fact-blindness.

When one is personally invested in a particular conclusion, whether as an individual or as part of a self-reinforcing group, the act of considering the possibility that one might be mistaken can be repugnant, almost painful. This is particularly true when the consequences of having to acknowledge that a mistake has been made are wide-ranging. The brain will seize on any scrap of evidence, however peripheral to the core argument, any line of reasoning no matter how convoluted and sophistic, to shore up the original conclusion and avoid the cognitive dissonance of seriously contemplating a contradictory one.

It is disingenuous in the extreme to cherry-pick public statements by those advancing the proposition that Megrahi was wrongfully convicted to imply that some grand, conscious and co-ordinated conspiracy is being alleged (how could that possibly be, surely these people are malicious!), rather than the obvious interpretation that what is being proposed is that those determinedly shoring up the conviction are mistaken, in thrall to confirmation bias and cognitive dissonance. (Indeed, the very title of my own book about the case, referencing the aphorism known as “Hanlon’s Razor”, should have provided something of a clue.)

It is particularly disingenuous do this, and to base an entire argument on the premise that the SCCRC is to be trusted implicitly, in the very week of the debacle in England surrounding the wrongful conviction of Andrew Malkinson and the very credible allegations that the CCRC “has been infected with a culture of denial”. A culture, that is, steeped in confirmation bias. The Malkinson case is not the only one. Can we really, hands on hearts, trust that the SCCRC is a completely different animal?

In the second part of his article Mr Clancy appears to call on specific pieces of evidence to support his position. Nevertheless, once again the argument is little more than “trust the SCCRC, they’ve looked at this very thoroughly,” rather than reasoned, factual refutation.

The timer fragment

Given the mysterious nature of this object it’s hardly surprising to find it surrounded by a fog of speculation and indeed conspiracy theorising. That also is human nature. However, the speculation comes after the observation that this item was not what the prosecution claimed it was, and does not negate that observation.

Dr Swire and Mr Biddulph, and indeed Mr James, are entirely justified in their doubts about the provenance of the fragment, and their criticism of the way this was handled by the SCCRC. To inject some facts into the discussion (a bit of a shock to the system, I know), the central issue is this. It was recognised at an early stage in the investigation that the circuitry of the fragment was coated with pure tin, a technique used by amateur hobbyists making single or small-batch PCBs, and which is not suitable for large-scale commercial use. This was considered a very significant finding when the fragment was first analysed in Scotland in early 1990. While the pattern of the circuitry on the fragment seems to confirm to a high degree of certainty that it was made from a Letraset template produced by the Swiss electronics firm MEBO, all the PCBs for the MST-13 timers that were manufactured from that template for MEBO by Thüring AG had their circuitry coated with a 70/30 tin/lead alloy. Thüring did not have the facilities to apply a pure tin coating. It is one of the many highly regrettable features of the Zeist trial that this discrepancy was fudged and obscured in court, mainly thanks to a highly misleading statement by Allen Feraday, an English forensics expert, and the bench was never made aware of it.

Speculation and conspiracy theorising aside, nobody knows what that fragment is, who made it or when or for what purpose. All that can be said is that it was not from one of the batches of PCBs manufactured by Thüring and which were supplied to Libya by MEBO, as alleged by the Crown. Mr Clancy refers to “… the large body of evidence, including scientific evidence, that questions the accuracy of [these] claims.” What evidence would that be, then? According to their public news release the SCCRC rejected this ground of appeal on the narrow technical point that “… the applicants have not provided a reasonable explanation as to why the fresh evidence concerning the metallurgy issue was not led at the trial,” and because they believed that the failure of the original defence team to uncover the discrepancy did not amount to “defective representation”, not because they had obtained scientific findings which contradicted this evidence.

The suitcase

This is my own personal area of expertise in the case, and Mr Clancy refers to my 2013 book Adequately Explained by Stupidity?, which is largely devoted to examining this issue. I wonder if he has read it?

According to Mr Clancy, “… the SCCRC carried out a thorough examination of the allegation taking account of all the relevant evidence including information which was not available to Justice for Megrahi. The SCCRC concluded that ‘… it was not arguable that the Justice for Megrahi theory could show conclusively that the bomb had entered the airline luggage in Heathrow’.” (Note, not that this information disproved the proposition, merely that it apparently rendered it inconclusive.)

The evidence presented in my book formed part of Justice for Megrahi’s submission to the COPFS which resulted in the police Operation Sandwood. In the course of that investigation I was interviewed by officers on several occasions, going through the evidence and my reasoning in minute detail. Repeatedly, I assured them that I had no dog in this fight beyond a desire to solve the puzzle (which the original forensic investigators had so signally failed to do). I was (and still am) convinced that the evidence proves beyond reasonable doubt that the bomb suitcase was already in London an hour before the flight supposedly carrying it landed. As a scientist, though, I always strive to maintain an open mind. I begged the police officers on several occasions to tell me if they discovered either additional evidence I didn’t have, or an alternative interpretation I hadn’t thought of, that would cast doubt on my conclusion. I stated categorically that if such evidence were to be found, I would withdraw my thesis and issue a public retraction. Nothing of that nature happened. Contact with Operation Sandwood tailed off and then ceased entirely, with no explanation. All I ever got was a personal jibe from Kenny Macaskill to the effect that (and I paraphrase) “I know something you don’t know, so you’re wrong.”

This is more or less exactly Mr Clancy’s position, echoing the position of the SCCRC. They know “something” that allows an entire book full of minute detail and closely-reasoned argument to be dismissed, but no hint at all is given of what this something might be. I find the secrecy over this point very disturbing.

The best guess I can make is that Operation Sandwood, Mr Macaskill, the SCCRC and Mr Clancy are placing the supposed confession of Abu Agila Masoud to having been involved in the smuggling of the bomb on board Flight KM180 in Malta above my analysis. However, this “confession” is a highly contradictory and confusing document, in places flatly contradicting evidence relied on to convict Megrahi. False confessions are one of the most frequent causes of miscarriages of justice and wrongful convictions, and indeed in this case the lord advocate was unable to assure Justice for Megrahi that he was confident that the confession had not been obtained by torture. My position on this matter is that if someone confesses to doing something that provably didn’t happen, it still didn’t happen.

My analysis of the evidence, which is entirely theoretical, has recently been independently confirmed experimentally.[1] A Dutch forensic scientist, Dr Erwin Vermeij, carried out multiple test explosions using used aluminium LD3 containers with mocked-up suitcases and IEDs made to simulate the Lockerbie bomb, with the bomb suitcase in various positions in the container. These experiments were far more rigorously designed and executed than the botched tests carried out in the USA in 1989. His conclusion states:

Regarding the damage to the luggage containers, experiment 7 where the IED suitcase was in the first (bottom) layer with one end slightly elevated on to the horizontal strut comes closest to replicating the damage observed on LD3 luggage container AVE4041. This suggests that the reported so called Claiden spot is probably too high, presuming that 450g explosive was used. If the center of the Lockerbie bomb was really on the Claiden spot, the only possibility is that the explosive charge must have been larger than 450g.

It was demonstrated in court that it was impossible to get more than 450g of Semtex inside the radio-cassette player used to construct the IED. The position that “comes closest” to the damage observed on the Lockerbie luggage container is the one described in my book.

The luggage tags

The single piece of actual evidence discussed by Mr Clancy is the peripheral matter of an entry in the diary of Lamin Fhimah, Megrahi’s co-accused, relating to his obtaining “taggs” (sic) for Megrahi. As a statement by someone other than Megrahi himself, this was held by the trial court not to be evidence against him. However, it was admitted by the court in the 2021 appeal in order to “considerably bolster” the evidence that the bomb was infiltrated in Malta. There’s no evidence that these tags were even obtained, let alone given to Megrahi, or what he did with them if they were. The accuseds’ explanation was that they were needed as samples to get a printing quote. The re-introduction of this extremely trivial and non-probative evidence suggests to me that someone was getting a bit desperate.

The identification evidence

This is barely touched on by Mr Clancy, despite its actually being the central issue as regards Megrahi’s conviction. He describes it as “qualified (resemblance) identification”, which is being remarkably kind. Frankly, no normal human being, as opposed to angels dancing on the heads of pins, could possibly imagine that the bribed and cajoled Tony Gauci’s fifty-year-old, over six feet tall, dark-skinned, heavily-built customer was in fact the 36-year-old, five feet eight, light-skinned, slightly built Megrahi. Even Tony prefaced his line-up “identification” with “Not the man I saw in my shop, but…” The identification is in fact the shaky hook on which the entire daisy-chain of circular reasoning dreamed up by the police investigation and embellished by the trial court was hung. It has been challenged by four eminent experts in the psychology of memory – Prof Timothy Valentine (70 pages, 2008), Professor Steven Clark (49 pages, 2008), Professor David Canter (105 pages, 2010) and Professor Elizabeth Loftus (seven page journal publication, 2013[2]). The full list of problems with it is much too long to go into here, and it seems yet another problem has now arisen.

One of the things Masoud allegedly confessed to doing, in these interviews in the prison dungeon in Tripoli, was buying the clothes from Tony Gauci. Tony described one customer, not two, and as he has since died, the police have no further opportunity to go back and persuade him to change his statement on that point also. If Masoud bought the clothes, Megrahi didn’t, and if he didn’t, the entire case is a pile of daisy-heads on the floor. However, if Masoud’s confession is required in order to refute the suitcase evidence, this must create a bit of a dilemma for his prosecutors.

Conclusion

Over many years Justice for Megrahi has raised serious, evidence-based concerns about the conviction. These concerns have never been addressed in detail, or at all, by the Crown Office or by any of those who support the conviction – they have simply been cavalierly dismissed and those raising them stigmatised as conspiracy theorists. That must now change. When Sir Arthur Conan Doyle dared to challenge the conviction of Oscar Slater, the response of the prosecution authorities was as dismissive as that of the Crown Office in relation to the Megrahi conviction. But history proved Conan Doyle to be right. 

Reference 1: Vermeij, E. (2024) Survivability of IED components, suitcases, their contents and luggage containers in suitcase bombs. Elsevier: Forensic Science International: Reports, vol 9, July 2024.

Reference 2: Loftus, E. F. (2013) Eyewitness testimony in the Lockerbie bombing case. Memory, vol 21 issue 5, pp 584-590.

Sunday, 22 December 2024

Well-qualified commentators have pulled Megrahi's conviction apart

[What follows is excerpted from an article by Marcello Mega in The Sunday Times today. The published version may vary slightly from the text below:]

With a Libyan agent convicted in January 2001 of the Lockerbie bombing and another soon to be tried in the US, you might wonder why many relatives of the dead remain so fixated on seeking truth.

Dr Jim Swire has led the campaign, unconvinced by the evidence he heard at the Scottish Court in the Netherlands against two Libyans that saw one of them convicted of mass murder, and increasingly aware over the many years since of the hidden evidence that might have cleared both.
In the year ahead, two television dramas and the trial in Washington of Abu Agila Masud, accused of making the bomb that took 270 lives on 21 December 1988, will remind us that the full story is still unknown.
Sky’s Lockerbie: A Search for Truth, with Colin Firth playing Swire, will be first to reach the public, from 2 January.
The series is based on Swire’s book Lockerbie: A Father's Search for Justice, which points to many holes in the story accepted by the trial and highlights contradictory evidence that has emerged since.
Early on in the project, Firth requested a briefing because he sensed it could have a similar impact on the public as Mr Bates and the Post Office, which transformed understanding of the Post Office scandal.
Firth wanted to be certain any similar impact on understanding of Lockerbie would be justified. The briefing was arranged with experts who understood the case and Firth was happy to proceed.
Now 88 and having devoted 36 years to the quest for truth after his daughter Flora was murdered on the flight, Swire is weary and has signalled it might be time to put down his sword.
Having been promised and denied a full public inquiry by the Tory Government of the day and by the Labour Government that followed, he believes all documents held on the case should now be made public.
He holds out little hope, but believes the drama might animate the public, making the demand for truth harder to resist.
The 82-page judgment of Lords Sutherland, Coulsfield (now deceased) and Maclean is available online, double-spaced and not a difficult read.
Well-qualified commentators such as Gareth Peirce, who overturned the convictions of the Guildford Four, and Professor Robert Black, who devised the scheme for the Lockerbie trial in a neutral country, have pulled it apart.
The prosecution’s case started with an unaccompanied suitcase carrying a bomb being placed on Air Malta Flight KM180 from Luqa Airport to Frankfurt on 21 December 1988.
It was supposedly tagged to go on to Pan Am 103A to Heathrow and then to New York-bound Pan Am 103.
Swire, in common with many others, believes that a security breach not disclosed during the trial allowed the bomb to start its path at Heathrow where the plane was loaded from empty.
The judges, however, decided that an unaccompanied suitcase did travel on the Air Malta flight while recognising that not a shred of evidence supported it.
It might have been even harder to make that leap of faith had baggage handlers from Luqa been called as witnesses.
In their statements, they explained that not only did an unaccompanied bag not travel on the flight, it could not have happened because of the simple system they used.
They never knew how many passengers were booked on a flight, but physically counted the bags going on, then called the check-in desk to see if their counts matched. If not, the bags came off and the count restarted.
One or two of these witnesses could potentially have killed the Crown’s case at its inception, but they were never called.
In a highly complex case involving thousands of witness statements and tens of thousands of productions, Megrahi’s conviction came down to two essential matters: the testimony of Maltese shopkeeper Tony Gauci and the identification of a fragment of circuit board said to have detonated the bomb as coming from a batch sold only to Libya.
The judges did not know until after the trial that Gauci’s evidence was tainted by the promise of reward money from the US.
Gauci, now dead, received $2m, and his brother Paul, who didn’t even testify, a further $1m.
The Scottish justice system has largely ignored the relevance of these rewards. The late Sir William Macpherson of Cluny, a Scottish clan chief who became one of England’s most senior judges, said if he had ever become aware of witnesses receiving rewards for evidence, he would have ordered the jury to discount it entirely.
Instead, the trial judges attached inexplicable weight to Gauci’s testimony. He never stated unequivocally that Megrahi bought the clothes from his shop that were placed in the case alongside the bomb.
Even in court, asked to make a simple dock identification, he qualified it by saying Megrahi resembled the man, as he had in all his statements, although his first description was of a man many years younger and several inches taller.
The judgment acknowledged his lack of certainty several times, but at the final mention the judges turned it into a virtue, suggesting it underlined his honesty. This measure of reliability cannot be found elsewhere in Scottish criminal law.
In addition, the judges stated without obvious reason that Gauci was “100% reliable”, on the list of clothing bought from his shop and the prices paid.
Yet in 1999, Gauci had produced an entirely different list from the first one while making a fresh statement in advance of the trial.
Like other evidence that did not suit the prosecution case it was not passed to the defence.
The judges also had to decide whether the clothing had been bought on 23 November, when Megrahi was not on the island, or 7 December, when he was.
They accepted that meteorological and other evidence suggested 23 November was more likely, but stated that they preferred 7 December, offering nothing of substance to support the decision.
The Scottish Criminal Cases Review Commission said later that no reasonable court could have concluded the clothing was purchased on 7 December, a particularly damning view when no jury was involved.
Remarkably, the evidence around the circuit board is still unfolding. Of all the thousands of productions in the case, only one evidence bag, the one containing the fragment, had its label overwritten, fuelling a belief it had been planted.
Forensic tests after the trial showed no trace of explosives’ residue, so the fragment was unlikely to have been at the heart of a bomb. Later, metallurgical tests showed it actually came from a type of board put into production in 1989, adding to the suspicion of a plant.  
All three key forensic ‘experts’ in the case who testified on the fragment, two British and one American, have been completely discredited for malpractice in other murder cases.
Jim Swire has been my friend for more than 30 years. We once undertook an investigation to Sweden together to try to challenge Abu Talb, a man we believed was involved in the bombing.
His age is now against him taking similar bold steps to establish the truth, but the signature obstinance of this admirable man has never seemed perverse to me.

[RB: The present post differs somewhat in format from the norm in this blog. This is because the hardware and software on which I am having to rely in Ajman is not what I am accustomed to.]


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

Tuesday, 20 December 2022

A new chapter in Lockerbie bombing horror story

[This is part of the headline over a long report just published on the Arab News website. It reads in part:]

For some, the arrest last week of a Libyan man charged with having made the bomb that downed the jumbo jet over Lockerbie on Dec 21, 1988, offers the prospect of long overdue justice for the 270 victims of the disaster and their families.

For others, though, confidence in the judicial system and the joint US-Scottish investigation that has led to the latest arrest was shaken long ago by uncertainties that continue to hang over the trial and conviction in May 2000 of another Libyan, Abdelbaset Al-Megrahi, who in 2001 was found guilty of carrying out the bombing. (...)

Last week, 71-year-old Abu Agila Mohammad Masud Kheir Al-Marimi, an alleged former intelligence officer for the regime of Libyan dictator Muammar Qaddafi, appeared in a US court accused of being the bombmaker.

It is a stunning development in a case which, for many relatives of the dead, has never been satisfactorily settled. Masud’s anticipated trial represents an unexpected opportunity for the many remaining doubts surrounding the Lockerbie disaster to be resolved once and for all.

Key among them is the suspicion, which has persisted for three decades, that the Libyans were falsely accused of a crime that was actually perpetrated by the Iranian regime.

Iran certainly had a motive. On July 3, 1988, five months before the bombing, Iran Air flight 655, an Airbus A300 carrying Iranian pilgrims bound for Makkah, had been shot down accidentally over the Strait of Hormuz by a US guided-missile cruiser, the Vincennes.

All 290 people on board were killed, including 66 children and 16 members of one family, who had been traveling to Dubai for a wedding.

In 1991, a subsequently declassified secret report from within the US Defense Intelligence Agency made it clear that from the outset Iran was the number-one suspect.

Ayatollah Mohtashemi, a former Iranian interior minister, was “closely connected to the Al-Abas and Abu Nidal terrorist groups,” it read.

He had “recently paid $10 million in cash and gold to these two organizations to carry out terrorist activities and ... paid the same amount to bomb Pam Am flight 103, in retaliation for the US shoot-down of the Iranian Airbus.”

The evidence implicating Iran piled up. It emerged that two months before the bombing, German police had raided a cell of the terror group Popular Front for the Liberation of Palestine-General Command and seized a bomb hidden in a Toshiba cassette player, just like the one that would be used to blow up Pan Am flight 103.

Yet in November 1991 it was two Libyan intelligence operatives, Abdel Baset Ali Al-Megrahi and Lamen Khalifa Fhimah, who were charged with the murders. The case against them was circumstantial at best.

After years of negotiations with Qaddafi’s government, the two men were eventually handed over to be tried in a specially convened Scottish court in the Netherlands. Their trial began in May 2000, and on Jan 31, 2001, Al-Megrahi was found guilty and Fhimah was acquitted.

The crown’s case was that an unaccompanied suitcase containing the bomb had been carried on an Air Malta flight from Luqa Airport in Malta to Frankfurt. There, it was transferred to a Pan Am aircraft to London, where it was loaded onto flight 103.

Inside the suitcase, wrapped in clothing, was the Toshiba cassette player containing the bomb.

A small part of a printed circuit board, believed to be from the bomb timer, was found in the wreckage, along with a fragment of a piece of clothing. This was traced to a store in Malta where the owner, Tony Gauci, told police he remembered selling it to a Libyan man.

Gauci, who died in 2016, was the prosecution’s main witness, but from the outset there were serious doubts about his evidence. He was interviewed 23 times by Scottish police before he finally identified Al-Megrahi — and only then after seeing the wanted man’s photograph in a newspaper article naming him as a suspect.

In their judgment, even the three Scottish judges conceded that “on the matter of identification of the … accused, there are undoubtedly problems.”

Worse, in 2007 Scottish newspaper The Herald claimed that the CIA had offered Gauci $2 million to give evidence in the case.

Another part of the prosecution’s case was that the fingernail-sized fragment of circuit board found in the wreckage, believed to have been part of the timer that triggered the bomb, matched a batch of timers supplied to Libya by a Swiss company in 1985.

However, the company insisted the timer on the aircraft had not been supplied to Libya, and in 2007 its CEO claimed that he had been offered $4 million by the FBI to say that it had.

Many have denounced the trial as a sham, suggesting that Qaddafi agreed to surrender Al-Megrahi and Fhimah, accept responsibility for the attack and pay compensation to the families of the victims, only because the US promised that the sanctions that had been imposed on Libya would be eased.

After Al-Megrahi’s appeal against his conviction was rejected in March 2002, one of the independent UN observers assigned to the case as a condition of Libya’s cooperation condemned what he called the “spectacular miscarriage of justice.”

Professor Hans Köchler said that he was “not convinced at all that the sequence of events that led to this explosion of the plane over Scotland was as described by the court. Everything that is presented is only circumstantial evidence.”

It remains to be seen what evidence will be presented in the upcoming trial of Masud.

Reports say that he was released only last year from prison in Libya, having been jailed for a decade for his part in the government of Qaddafi, who was overthrown in 2011.

Last week, Libya’s Prime Minister Abdul Hamid Dbeibah said that his government had handed Masud over to the Americans.

“An arrest warrant was issued against him from Interpol,” he said on Dec 16. “It has become imperative for us to cooperate in this file for the sake of Libya’s interest and stability.”

As Dbeibah put it, Libya “had to wipe the mark of terrorism from the Libyan people’s forehead.”

From the very beginning, one of the strongest advocates for the innocence of Al-Megrahi was Jim Swire, a British doctor whose daughter Flora died in the bombing on the eve of her 24th birthday. Now 86, Swire has spent the past three decades campaigning tirelessly to expose what he believes was a miscarriage of justice.

Al-Megrahi, suffering from prostate cancer, was released from prison on compassionate grounds in 2009. Shortly before his death in Libya in 2012, he was visited in his sick bed by Swire, who in an interview last year recalled Al-Megrahi’s last 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.”

Last week, Swire called for the trial of Masud not to be held in the US or Scotland.

“There are so many loose ends that hang from this dreadful case, largely emanating from America, that I think we should … seek a court that is free of being beholden to any nation directly involved in the atrocity itself,” he said.

“What we’ve always been after amongst the British relatives is the truth, and not a fabrication that might seem to be replacing the truth.”

Sunday, 29 May 2022

"A wonderful bit of forensic investigation"

[What follows is excerpted from an article headlined Truth about Lockerbie will never be known … it’s Scotland’s JFK in today's edition of The Herald:]

Cliff Todd was the head of Britain’s Forensic Explosives Laboratory. Now retired, he breaks his silence on the Lockerbie case, talking of the unanswered questions to our Writer at Large, Neil Mackay, who covered the terrorist atrocity and got to know the bomber

Cliff Todd once came so close to death that a mere sneeze in a room full of al-Qaeda explosives would have blown him to smithereens. He’s helped solve some of the world’s most infamous bomb attacks: the 7-7 terror atrocities, the shoe-bomber case, multiple IRA operations like Warrington, the Bali mass murders, the assassination of Pakistan’s Prime Minister Benazir Bhutto, and the neo-nazi nail bomb campaign in London. But the one crime he’s never been able to fully resolve is the Lockerbie bombing which killed 270 people when Pan-Am Flight 103 exploded over the Scottish town in December 1988.

Todd was head of investigations with the Ministry of Defence’s Forensic Explosives Laboratory (FEL). Every bomb incident in Britain fell under his watch – from schoolboy pranks with explosives, to bombings by organised crime gangs or bank robbers, bobby traps set by love rivals, and of course, all high profile terror attacks. Ahead of the release of his memoir – Explosive: Bringing the World’s Deadliest Bombers to Justice – Todd sat down to talk with the Herald on Sunday.

Questions still remain over Lockerbie, he says. Todd believes it’s impossible to say for sure that Libya alone lay behind the atrocity. Todd thinks Lockerbie is destined to become “another JFK”, so steeped in conspiracy theories the full truth will never be known.

Before he retired, Todd was the FEL manager of the Lockerbie case. He immersed himself in the fine detail, poring over every document and piece of evidence in the laboratory’s vaults. “I made it my business to go through everything from beginning to end, for my own satisfaction to know what was done, when it was done, why is was done, and what it meant.”

In 2001, following a sensational trial at a Scottish court sitting in the Netherlands, the Libyan intelligence officer, Abdelbaset al-Megrahi, was jailed for life for the Lockerbie bombing. Libya was accused of masterminding the attack in revenge for American air raids in 1986, in which Colonel Gaddafi reportedly lost his daughter. The air raids were a reprisal for a bomb attack on a Berlin disco which targeted American troops, believed to have been carried out by Libya.

Many – including some relatives of the British victims – never accepted the official version of events surrounding Lockerbie. There’s long standing claims that a Palestinian terror group – the Popular Front for the Liberation of Palestine-General Command (PFLP-GC) – carried out the attack, with the assistance of Iran. Tehran was said to have funded the Pan-Am attack in revenge for America shooting down an Iranian passenger plane over the Persian Gulf, in which 290 people died, the summer before the Lockerbie bombing.

Megrahi later died after being controversially freed from jail in Scotland on compassionate grounds as he was suffering from cancer. I corresponded with Megrahi while he was in Greenock Prison and he insisted he was innocent. Todd, though, doesn’t believe Meghrai’s claims that he was the victim of a miscarriage of justice – however, he does still think there’s plenty of questions around Lockerbie which remain unanswered.

“Will the truth ever be known?” Todd asks. “That’s a big question.” He says all the forensic evidence points towards Libya being behind the bombing, and he’s “satisfied with the court’s decision. There are some questions, but in essence I’m content that [the bomb] originated from Libya. Now, as to why, and who else might have been involved – I’ve no idea. Did Libya do it as a proxy for Iran? Who knows?”

The forensics point to the bomb being smuggled onto Pan-Am 103, in an international terrorist operation, crucially linked to Malta. The bomb went onboard the plane in Frankfurt, hidden within a Toshiba cassette recorder, placed inside a suitcase which was then stored in a luggage container in the hold of the plane. Pan-Am 103 flew to London before finally exploding over Scotland en route to America. Fragments of trousers, linked to the bomb, were bought in the Maltese town of Sliema in a shop called Mary’s House. Megrahi was identified as the man who bought the trousers. A fragment of timer device, alleged to have been used in the bomb, was said to have been sold by a Swiss company to Libya.

However, claims were made that the Swiss timers didn’t in fact match the bomb fragment. The Herald also uncovered claims that Tony Gauci, the owner of the Maltese shop where Megrahi was said to have bought the crucial pair of trousers, had been paid $2 million by American authorities.

Todd is sure, though, that the timers match and the trousers can indeed by traced to the Maltese shop. On the connection to Megrahi, however, he’s more cautious. “Gauci says he identified Megrahi, well okay, people can argue about that, I can’t have a fixed opinion on that one way or another,” he says. “So on the theory that the bomb went from Malta to Frankfurt to London and on, I’m happy with that. Who instigated that, however, I don’t know.”

Operation Autumn Leaves poses the biggest questions around the Lockerbie case, Todd feels. The operation took place just two months before Lockerbie, and saw German security services bust a PFLP-GC terror cell in Frankfurt. A number of bombs were found, with at least one inside a Toshiba Bombeat radio cassette recorder, making it almost identical to the Lockerbie bomb. Some relatives of the British victims believe the similarities are too stark to be easily explained away.

The initial stages of the police inquiry into Lockerbie focused on the PFLP-GC. There’s been speculation that Libyan agents may have been connected to the Palestinian terror cell. Former head of CIA counter-terrorism, Vincent Cannistraro, who worked on Lockerbie, believed the PFLP-GC planned the attack on behalf of Iran. There’s a theory that after the Autumn Leaves arrests, the plot was sub-contracted to Libyan intelligence.

Operation Autumn Leaves, Todd says, “was very much the focus initially. There were similarities there. It was the Malta connection that moved the investigation away from Palestinians towards Libya”.

The forensics, he believes, point clearly to ‘the Malta connection’ but, he feels, questions remain, due to events such as Operation Autumn Leaves, about the wider geopolitical motivations behind the crime and whether Libya may have acted for another organisation or state. “We didn’t say that our evidence pointed directly to Megrahi because it doesn’t, it points directly to Mary’s House selling the material that went into the bomb case. Somebody obviously got those trousers from Mary’s House, who that somebody is, is not for the FEL to say.”

On the timer, Todd adds: “The FEL only ever made conclusions in respect to the fragment belonging to the timer. We never made any conclusions regarding Libya and that’s kind of the overall point. The FEL looks at the evidence and says what the evidence shows, and in Lockerbie we didn’t make any conclusions about ‘this must have been Libya who did it’ … Right from day one is was clearly going to be very political and that will never go away.”

Todd believes “you’d have to be deluded or a liar to think that everything is known that we can know about Lockerbie. I wouldn’t claim that for a second”. So does Todd think the truth will ever be known? “Personally, no. I think it’s a bit like JFK. It’ll never go away, there will always be another angle.”

Does he think Megrahi ‘did it’? “I don’t know. It’s not for me to say. The evidence pointed, it seems to me, to Libya. That’s it.”

At the time of Lockerbie, Todd was a junior investigator. It was his two bosses who worked solely on the investigation. Today, “there would certainly be many more people working on it”, Todd explains. “It was realised very early on that it was likely to become very political, and they were deliberately told to keep it within themselves and so they didn’t use as much help as they otherwise might.”

However, he insists this in no way hampered the investigation’s integrity. “It might have made the investigation a bit longer than it needed to be, but the integrity is beyond question.”

The FEL has been accused of cover-up over Lockerbie. Todd remains furious about such claims. “All that mud was slung and it makes me really angry,” he says. He does, however, empathise with the families of relatives who don’t believe the official version of events and continue their search for truth. Todd feels they remain tragically “trapped in the moment in 1988” when their loved ones died. “My heart goes out to them but that isn’t a place from which you can be entirely objective,” he adds.

Does he think reports of Tony Gauci receiving payments fed conspiracy theories? “Possibly, but as forensic scientists we ignore that and let the police get on with what they do and we do our stuff. Gauci – is he reliable? Nothing to do with us really.”

The FEL’s work on Lockerbie, Todd maintains, “was a wonderful bit of forensic investigation. It was tremendous”. Before he retired, he complied an extensive study on Lockerbie for his staff so they could learn from the investigation. Today, nobody who worked on the bombing is still at the explosives lab. “The expertise cannot be lost,” he says. “Once I left all that expertise would have been gone.”

Forensics teams faced an unimaginably complex task with Lockerbie. A bomb in a cassette recorder, in a suitcase, inside a luggage container, within the hold of a jet exploded over Scotland, scattering debris from coast to coast.

Astonishingly, Todd explains, the components of a bomb “don’t get vaporised”. Rather it shatters into microscopic fragments. Search teams recovered every scrap of debris from the ruined plane. Once all debris was gathered and sorted into batches – bits of wing, under-carriage or fuselage – “you then start looking for specific explosive damage”.

Examining luggage containers seemed “a good place to start” as the theory was that the bomb had been in the airplane’s hold. “Fairly soon, we found bits of a luggage container which showed explosive damage known as micro-cratering.” That meant the luggage container had been peppered with tiny particles of exploding bomb. A timer fragment was also found, and scraps of the tell-tale trousers from Malta – completing the main elements of the forensics case.

Todd is courageous enough to own up to the fact that he’s made forensic mistakes, though. During the investigation into whether Portuguese Prime Minister Francisco de Sa Carneiro had been assassinated by a bomb on a plane, Todd accidentally cross-contaminated evidence with explosive residue. As soon as he realised his mistake, however, he admitted it right away. “Always hold your hands up,” he says. “Never cover anything up. Everyone makes mistakes at some point.”

While he admits that forensic science isn’t perfect because “people are humans and humans make mistakes and so no process can ever be 100% reliable”, he’s clear that no FEL staff would, in his opinion, ever act in a corrupt way by manipulating, planting or covering up evidence.

[RB: Cliff Todd paints a very rosy picture of the work of FEL in the Lockerbie case. As I wrote on 11 August 2021 in an item headed The Forensic Explosives Laboratory and the Lockerbie case  "Anyone familiar with the forensic scientific evidence provided by FEL in the Lockerbie case may be forgiven for regarding today's tribute with a distinct measure of scepticism." A further item headed The same bad science and the same bad scientists sets out the views of Gareth Peirce on the work of the laboratory in a number of high-profile cases, including Lockerbie.]