Friday, 15 April 2011

Lockerbie and Libya: hide & seek

[This is the heading over another article from Ian Bell on his Prospero blog. It reads as follows:]

Alex Salmond says that Moussa Koussa, formerly Gaddafi’s head of intelligence, is merely a “potential witness” in the (still live) Lockerbie investigation, but not a suspect. Dear me, no.

As the First Minister explains it, had Moussa Koussa been a suspect, he would have been arrested. Since he has not been arrested...

This is almost as good, if you are in the mood, as William Hague’s assurance that at no time was the non-suspect offered immunity from prosecution after his defection. After all, if there was never any real intention to prosecute, why bother to talk about immunity?

Better still is the decision, at Britain’s prodding, to remove the non-immune non-suspect from the so-called EU watch list. This means he will henceforth be free to travel as his pleases, and that his assets will no longer be frozen.

Since Moussa Koussa is not suspected of anything, we can therefore conclude that assets lodged in Europe or the US were in no sense stolen from the Libyan people. Since he is free as a bird, it must also follow (forgetting Lockerbie) that he had no hand in arming the IRA, or in endorsing threats against the lives of exiled Libyans, or in the commission of a single crime during decades in Gaddafi’s service.

Brilliant. The Colonel is promised the International Criminal Court for numberless heinous acts, but his most notable henchman, a man with various bloodcurdling nicknames, did nothing at all.

For his reward, he gets to lay hands on enough money to enjoy his retirement in the pleasant climes of his choice, no questions – none whatsoever – asked.

Those climes will not include Britain, if reports (the Telegraph and others) are to be believed. As a British “official” has explained, since Moussa Koussa was never detained – no suspicion, no immunity, ergo no crimes – “It’s up to him”. There goes Salmond’s “potential witness”, delighted to have been of service.

Think of it this way. Let’s say a Mr X turns up in London. “Oh, yes,” he admits. “Member of al Qaeda I was, man and boy. Quite important I was, too, though I do say so myself. Some said I was bin Laden’s right-hand man. Not that I killed anyone, you understand, not personally. Now, are you sure there’s nothing you’d like to ask me?”

Meanwhile, our old friend Mustafa Abdul Jalil is back in business with a “sworn statement” – worth all the paper it was written on – to (oddly) the English Bar’s Human Rights Committee. Once again he offers to prove that, as to Lockerbie, Gaddafi did it, with Abdul Baset Ali al-Megrahi as his one and only instrument.

No proof as yet – yet again – however. Instead, the assertion, hardly a secret in any case, that the Colonel recompensed al-Megrahi with quantities of money. In Jalil’s previous version, as I recall, this was “a slush fund”, offered up not for lawyers and such, but under the threat that the lone agent would spill the beans.

If I follow Magnus Linklater in The Times, the unwitting folk from the Bar of England and Wales did not ask Libya’s former justice minister to reconcile his claims with problems – six of them – encountered by the Scottish Criminal Cases Review (SCCRC) Commission. Strange how that slips everyone’s mind.

But then, if the First Minister of Scotland hasn’t wondered why Moussa Koussa is not being detained for a view on the discrepancy, and if Hague is happy for the non-suspect to keep his memories of events and files to himself, the rest of us can only guess what the SCCRC was on about.

That seems to be the general idea.

[I wonder why it is that Ian Bell so often gets to the heart of an issue (not just Lockerbie and Megrahi) when other commentators are floundering or simply parroting the received wisdom or whatever it is that the establishment wants us to believe.]

Defector hires lawyers after quiz on Lockerbie

[This is the headline over a report published today on the website of the London Evening Standard. It reads in part:]

Libyan defector Moussa Koussa has hired lawyers after police interviewed him over the Lockerbie bombing.

MPs say that the former foreign minister should face justice in Britain if it emerged he had any involvement in the atrocity.

Foreign Secretary William Hague has said Mr Koussa has not been given immunity as part of any exile deal.

The lawyers, London-based Goodman Derrick, declined to say whether they had been hired to represent Mr Koussa on possible criminal or immigration issues.

He is still believed to be in Qatar where he went for an international summit on Libya's future but diplomats expect him to return within days. Last night the EU lifted travel restrictions and an asset freeze upon him, creating fears he may try to stay abroad.

The move was described as "astonishing" by campaigners who believe he should face charges for his alleged involvement in the Lockerbie bombing and other atrocities committed by Libya.

Tory MP Robert Halfon, whose family fled Libya when Gaddafi took power, said: "The only place Mr Koussa should be travelling is to the Hague to face prosecution."

No Lockerbie apology, says Salmond

[This is the headline over a report issued by the UK Press Association news agency. It reads in part:]

Alex Salmond rejected a challenge from former Conservative leader Michael Howard to apologise for freeing the only man convicted of the Lockerbie bombing, saying he would "take no lectures" from Westminster politicians.

Speaking on the BBC's Question Time programme on Thursday night, First Minister Mr Salmond said the decision to free Abdelbaset al-Megrahi was taken only "on the basis of Scots law".

He was released from jail in August 2009 on compassionate grounds after the Scottish Government was told he had only three months to live.

Mr Salmond also told the audience that "prominent" UK politicians had advocated to the Scottish Government that Megrahi should be released "on the grounds of trade, business and oil".

Former home secretary Mr Howard had earlier said the decision to allow Megrahi to return to Libya was "very mistaken" and called on Mr Salmond and Scottish Justice Secretary Kenny MacAskill to apologise.

But Mr Salmond criticised the UK's policy towards Libya and its head of state Colonel Gaddafi.

He said: "Over the past few years two British prime ministers have been seen hugging him in desert tents, and Britain has been selling arms to Libya.

"And incidentally, Michael, some of your prominent colleagues advocated to the Scottish Government that Mr al-Megrahi should be released not on the grounds of law, but on grounds of trade business and oil.

"I represent an administration, whether you agree or disagree with our decisions, which has taken its decision on the basis of Scots law. I'm not going to take any lectures from Westminster politicians who have been up to their eyes in arms deals and oil and trade and a variety of other dirty affairs."

[Further details can be found in this report on the BBC News website and in this report on the STV News website. The programme itself can now be viewed here on the BBC iPlayer.]

Moussa Koussa gets UK visa and access to his oil millions

[This is the headline over a report in today's edition of the Daily Express. It reads in part:]

Colonel Gaddafi’s terror chief Moussa Koussa was yesterday granted an asylum seeker’s visa to stay in the UK – and full access to the millions he has stashed away in secret bank accounts.

MPs and Lockerbie families condemned the move to allow Libya’s “envoy of death” the right to come and go as he pleases for six months after a request to the Home Office by Foreign Secretary William Hague.

And the decision, ordered by the EU, to lift sanctions on the spy chief’s frozen assets – thought to contain millions from Libya’s booming oil sales – was branded as “astonishing”.

The move is understood to have been proposed by Mr Hague when he met European counterparts on Tuesday in an effort to encourage others to quit Gaddafi’s regime. A Treasury source said: “It sends a powerful signal to other potential defectors that, if they are currently on a list, they could be taken off that list if they do things differently.” But Tory MP Robert Halfon, whose family fled Libya when Gaddafi seized power, said: “I am astonished that the EU has decided to give immunity from sanctions to an alleged war criminal.

“The only place Mr Koussa should be travelling is to the Hague to face prosecution at the international court for war criminals.

“Many British people will be hugely concerned that these privileges are being granted to this man.”

Defending Koussa’s visa, a senior Whitehall source insisted there was “no deal, no immunity”. He added: “Koussa may be a nasty piece of work, but he could be key to Gaddafi’s removal. He needs temporary security here so he will work with us.” The Home Office has given Koussa a “Discretionary Leave to Remain” visa offered to asylum seekers pursuing their case to obtain a legitimate refugee status.

[Compare this with the following excerpt from a report headlined "Musa Kusa in UK snub" in today's edition of The Sun:]

Mad Dog Gaddafi's henchman Musa Kusa is refusing to return to Britain, it was claimed last night.

The tyrant's former spymaster has been handed back his passport and cash.

He was allowed to travel freely to Qatar on Wednesday and no longer has his assets frozen. And last night EU sanctions on him were formally lifted.

But Kusa - who defected from Gaddafi's regime last month - is refusing to quit Qatar in a bid to avoid prosecution over the Lockerbie bombing, say sources.

Kusa, 62, flew to the Arab state for international talks about Libya. Broadcaster Al Arabiya reported that Kusa fears the wrath of the families of the 270 Lockerbie victims who perished in the 1988 outrage.

American Susan Cohen, 72 - whose daughter Theo was on board the doomed flight - said: "I am not surprised. Kusa is an evil, evil man who effectively deserves to be hanged. He should not have been allowed to leave Britain."

The Foreign Office said Kusa is "a free individual who can travel to and from the UK", adding: "He has voluntarily agreed to assist all inquiries."

Thursday, 14 April 2011

Masking justice with “mercy”

[This is the title of an article by barrister David Wolchover in the current issue of Criminal Law & Justice Weekly. Over nine pages it painstakingly dissects the evidence relating to the conviction of Abdelbaset Megrahi. The following is just one short section of the article:]

Although the trial court found that the Samsonite bag had been carried from Luqa on KM180 they did not find that al-Megrahi had been instrumental in getting it on board. Nor did they find that he brought bomb components to Malta on December 20, and they rejected the Crown’s contention that he had access to explosives in Malta. But they found that he was involved as some sort of accessory on the basis of a package of assumptions: (i) the MST-13 timer was a type which had been supplied, though apparently not exclusively, to the Libyan military/JSO; (ii) al-Megrahi was a member of the JSO; (iii) he bought the clothes in the suitcase from Mary’s House on July 7; (iv) using a false passport for unexplained purposes he made a flying visit to Malta on December 20, returning to Tripoli next day at virtually the same time as KM180 flew out; (v) although there was no evidence as to how the bag could have been placed on board KM180 at Luqa, the Frankfurt evidence was consistent with the possibility that it was.

Having regard to al-Megrahi’s membership of the JSO and the supply of MST-13 timers to Libya, they were able to find that the bag had been put on board KM180 on December 21 because al-Megrahi (a) was the purchaser of the clothes on December 7, (b) was in Malta on December 21, using a false passport with no explanation and (c) was, as they found, therefore “connected,” in some unspecified way with the planting of the bomb. How could they be sure he was the purchaser of the clothes on the basis of mere resemblance to the purchaser and his brief presence in Sliema on December 7? Oh, because the bomb had been flown out of Luqa on December 21, when he was at the airport (using a false passport) and he was therefore “connected” with planting it. But, wait. How could they be sure it had started on its way from Luqa on the 21st? Ah, because he was found to have bought the clothes.

The argument was completely circular. The trial Judges professed to apply the principle of circumstantial evidence, an exercise which normally involves weaving together a number of disparate strands of evidence, reasonably well established or even undisputed though in themselves capable of proving very little, to wrap the accused in a net so tight as to permit no escape from a judgment of guilt. But the actual principle the court applied was petitio principii: assuming what is to be proved as a component of the would-be proof. Thus, a fundamental corruption of basic logic intellectually bankrupted the whole exercise.

The circle is dependent on the soundness of the finding that al-Megrahi was the purchaser. If that finding is wholly unsustainable the circle is broken and the other components prove nothing. The case against al-Megrahi depends therefore on the question whether there is a substantial case for contending that he was the purchaser. There is not.

JFM questions sincerity of Crown's Megrahi investigation

[This is the headline over an article published today on the website of Scottish lawyers' magazine The Firm. It reads as follows:]

The secretary of the Justice for Megrahi Committee, who currently have a petition before the Justice Committee calling for an inquiry into the Pan Am 103 event, has derided the Crown Office's attempts to advance the investigation by interviewing Libyan intelligence chief Moussa Koussa as a sham.

Robert Forrester, writing exclusively for The Firm argues that the whole exercise has been undertaken in the knowledge by the Crown that the Libyan regime were not responsible for the Lockerbie event.

"It is extremely unlikely that anything was learned in the interview that wasn’t already known, namely: that Libya didn’t do it," he says.

"Nevertheless, representatives of the Crown and Dumfries and Galloway Constabulary were put up in a hotel in London for a week before eventually meeting Mr Koussa. Having concluded their interview they refused to divulge its content since to do so might compromise their on-going investigation. One must bear in mind here that, despite Lord Advocate Elish Angiolini’s persistent abuse of the word ‘team’ to describe the number of officers working on the on-going Lockerbie case, until the arrival of Mr Koussa, Dumfries and Galloway Constabulary had allocated an entire ‘team’ to the job consisting of just one officer."

Forrester argues that Koussa appears to have travelled to the UK as a negotiator with diplomatic protection in place before the trip was made.

"This appears to be confirmed as he has now departed the UK for a conference in Qatar completely unhindered. The UK authorities say that he is welcome to return when ever he wishes," Forrrester says.

"Where then does this leave the talk of interviewing him on the subject of Lockerbie by the Crown and Dumfries and Galloway Constabulary? It is all looking very embarrassing.

"The Crown will maintain that to talk publicly about the interview could damage the ‘investigation’. The long and the short of it is that if they had had any road to Damascus experience in London, they’d have been singing it from the roof tops."

Forrester adds that the Crown Office had expended a great deal of effort into "obfuscation and the blocking of any moves to have Mr al-Megrahi’s conviction independently investigated", leading Forrester, Dr Jim Swire, Robert Black QC, Iain Mckie and others to form the Justice for Megrahi committee.

"[It] was founded around the back end of 2008 precisely because it was felt that it was no longer sufficient to depend solely on applying judicial pressure in the hope of addressing this problem, particularly given the way in which the Crown had planned to hear Mr al-Megrahi’s second appeal. In short, it was time to become more political."

Forrester's remarks can be read in full, here.

Gaddafi's former foreign minister to stay in Qatar

[This is the headline over a Deutsche-Presse Agentur news agency report on the Monsters and Critics website. It reads as follows:]

Libya's former foreign minister Musa Kusa has decided to stay in Qatar for the time being due to worries that the relatives of Libyan terror attack victims want him prosecuted, the Al Arabiya broadcaster said Thursday.

Kusa fled to London at the end of March, around six weeks after the start of the uprising against Moamer Gaddafi, and dissociated himself from the Libyan ruler.

It appears he initially thought he could play a role in the new Libya. But most opposition figures distrust him and Western countries are interested in information he could provide as former head of the intelligence service rather than cooperation with him.

After his arrival in London, Kusa was questioned about the bombing of a US airliner over Lockerbie in Scotland in 1988 that killed 270 people. Gaddafi allegedly ordered the attack. Kusa was not detained.

Kusa's predecessor as foreign minister, Abdel Rahman Shalgham, described him as the 'black box' of the Gaddafi regime.

Britain's decision to allow Kusa to attend a meeting of the Libya Contact Group in Qatar on Wednesday was criticized by some human rights groups and relatives of terror attack victims.

[A report published today on the Sify website reads in part:]

The Libyan rebels have refused to talk to Colonel Muammar Gaddafi's former Foreign Minister Moussa Koussa at a summit in Qatar, saying he has blood on his hands, having been part of Gaddafi's inner circle.

Koussa, who is accused of being involved in the Lockerbie bombing case, fled to Qatar yesterday for an international summit on Libya to talk to Arab leaders about how to oust Gaddafi.

But a spokesmen for rebels attendingthe meet made it clear that they want nothing to do with the former intelligence chief, who was an integral part of Gaddafi's inner circle until he fled to Britain earlier this month.

"We did not invite him here. He is not part of our delegation," the Daily Mail quoted rebel spokesman Mahmoud Shamman, as saying.

In Benghazi, opposition spokesman Abdel-Hafidh Ghoga said talks with Koussa were 'not on the agenda'.

Senior Government sources said he has only been granted a 'time-limited' visa to stay in Britain, meaning he could be gone within six months.

Wednesday, 13 April 2011

Tony Blair defends Colonel Gaddafi desert meeting

[This is the headline over a report published today on the BBC News website. It reads in part:]

Tony Blair has defended his treatment of Muammar Gaddafi while in office, saying it was "great" the Libyan leader had stopped sponsoring terrorism.

The former PM shook hands with Colonel Gaddafi after talks in Libya in 2004 and re-opened diplomatic links.

On Wednesday a group of countries including the UK, US and France called on the Libyan leader to step down.

Mr Blair said he agreed that change had to be "forced" but added that he had not been "wrong" to restore relations. (...)

In 2004, Mr Blair met Col Gaddafi in the desert near Tripoli for talks following the Libyan leader's renunciation of weapons of mass destruction.

At the same time it was announced that Anglo-Dutch oil firm Shell had signed a deal worth up to £550m for gas exploration rights off the Libyan coast.

But the meeting came after years of strained relations following the 1988 Lockerbie bombing and murder of WPC Yvonne Fletcher outside the Libyan embassy in London in 1984.

[Prime Minister David] Cameron has criticised Mr Blair's government for conducting "dodgy deals in the desert". [RB: It was during a second desert meeting in 2007 that agreement was reached on a UK-Libya prisoner transfer agreement.]

However, Mr Blair told the BBC: "I don't think we were wrong to make changes in our attitude to Libya when they changed their attitude to us.

"So I think the fact they gave up their chemical and nuclear programme, the fact they stopped sponsoring terrorism and cooperate in the fight against it was great."

Mr Blair, who is now Middle East envoy for "the Quartet", made up of the United Nations, the European Union, Russia and the United States, also said: "But what didn't happen - and people hoped it would but it didn't - was that the external changes in Libyan policy were matched by internal changes.

"And now what you've got over these past few weeks has been totally unacceptable and that's why I think there's no option but to take action and force change there."

UK Foreign Secretary speaks prior to flight to Qatar

[What follows are excerpts from a report on the BBC News website on an interview with Foreign Secretary William Hague prior to his departure for the gathering in Doha.]

The UK cannot put a timescale on its involvement in the conflict in Libya, the foreign secretary has said.

William Hague told the BBC it was not possible to predict when the operation would end but said air strikes "saved thousands of lives" and Col Muammar Gaddafi's rule "has no future". (...)

He and other delegates are meeting in Qatar to discuss Libya, amid calls for Nato to intensify its campaign.

Speaking on his way to the talks, Mr Hague told BBC Radio 4's Today programme "Are we able to say which week these things will come to an end? Of course not, because it is a fast-moving and unpredictable situation.

"But I think it is clear that the Gaddafi regime has no future... the question is how and when it unravels."

He also spoke of the effect which Nato air strikes have had so far, insisting that this should not be underestimated.

"Thousands of lives have been saved in places like Benghazi and possibly in Misrata," he said.

"We would now be looking at a pariah state completely under the control of Col Gaddafi, destabilising an already unstable Middle East, if we had not taken the action we have taken."

Former Libyan foreign minister Moussa Koussa, who fled to the UK late last month, is among those attending the talks.

He is due to meet rebels and the Qatari government on the sidelines of the talks and offer "insights" on the current situation in Libya, according to British officials.

Mr Koussa is a former head of Libyan intelligence and has been accused of being involved in the 1988 Lockerbie bombing.

The foreign secretary defended the decision to let Mr Koussa travel to the summit.

Mr Hague said: "We behave according to the law. The matter of arrests is for prosecuting authorities and police; that is not for ministers to decide.

"He is not detained; he came here of his own volition. If he was under arrest, he wouldn't be allowed to leave."

[The following are two paragraphs from a report just published on the CNN website:]

Among the high-profile attendees in Doha is Gadhafi's former intelligence chief and foreign minister, Moussa Koussa, who fled to Britain last month. It's unclear how opposition leaders will receive Koussa's efforts in Doha.

On Tuesday, Abdel Hafiz Ghoga, deputy chairman of Libya's Transitional National Council, did not explicitly reject the idea of meeting Koussa but said such a meeting was "not on the agenda."

Libya contact group meets in Qatar

[This is the headline over a report published today on the Aljazeera English language website. It reads in part:]

Libyan rebels seeking international recognition are to tell world powers at a meeting in the Qatari capital Doha that Muammar Gaddafi's removal from power is the only way out of their country's deepening crisis.

Wednesday's conference of the "International Contact Group on Libya" is expected to focus on the future of Libya after an African Union attempt to broker a peace deal between rebel groups and Gaddafi collapsed.

On the eve of the meeting, a spokesman for the rebel Transitional National Council (TNC) said it will accept nothing short of the removal of Gaddafi and his sons from the country.

Mahmud Shammam, whose group seeks international recognition as the legitimate government of Libya, also stressed: "We want to move from the de facto recognition of the council to an internationally-recognised legitimacy."

Shammam said the contact group is comprised of high-level international diplomats, and was set up at a conference in London last month.

The Libyan government has dismissed the talks and Qatar's role in the ongoing conflict.

"We are very hopeful that the American people and the American government will not buy into the Qatari lies and Qatari schemes," a spokesman of the Libyan regime told reporters in Tripoli on Tuesday.

"Qatar is hardly a partner of any kind. It's more of an oil corporation than a true nation," the spokesman said.

Among those expected to come to the Doha talks is Moussa Koussa, Libya's former foreign minister, who fled to Britain last month after he defected. He has reportedly arrived in Qatar to meet Libyan rebels.

Koussa, a long-time top aide to Gaddafi, will not formally participate in the meeting but is expected to hold talks on the sidelines, British sources said.

"He's not connected to (the rebel) Transitional National Council in any way or shape," Mustafa Gheriani, a media liaison official of the rebels, said.

Gheriani added that he was personally surprised to learn that Koussa was leaving Britain to attend the Qatar talks, and suggested that British officials should explain why he was going and in what capacity.

Koussa, the most prominent Libyan government defector, sought refuge in Britain on March 30. A friend said he quit in protest at attacks on civilians by Gaddafi's forces.

The former spy chief was questioned by Scottish police over the 1988 Lockerbie airliner bombing, which killed 270 people, but the British government said he was now free to travel.

"We understand he is travelling today to Doha to meet with the Qatar government and a range of Libyan representatives to offer insight in advance of the contact group meeting," a Foreign Office spokesman said.

No Gaddafi representatives are expected to attend.

"Moussa Koussa is a free individual who can travel to and from the United Kingdom as he wishes," the spokesman said.

British government sources said they expected Koussa to return to Britain after his talks, although others questioned the wisdom of letting him leave. (...)

Scottish police interviewed him last week but do not have power over his movements.

"We have every reason to believe that the Scottish authorities will be able to interview him again if required," Alex Salmond, Scotland's first minister, said.

US and Scottish authorities had hoped Koussa would provide intelligence on Lockerbie which could lead to more convictions.

Pamela Dix, whose brother Peter was killed in the bombing, said she could not understand why Koussa had been allowed to leave Britain. "I'm astonished that he is apparently free to come and go in this way," she told Reuters news agency.

"This current government has been very quick to condemn the previous one over Lockerbie, but they too have been very hands off. This demonstrates their continuing lack of interest in solving the biggest mass murder we have seen in this country."

Abdel Basset al-Megrahi, a former Libyan agent, was sentenced to life in prison in 2001 for his alleged part in blowing up the US airliner but was released by the Scottish government in 2009 when he was judged to be terminally ill with cancer.

Koussa played a key role in the release of Megrahi, who is still alive. Britain's Conservative-led coalition government, which came to power in May 2010, has heavily criticised the decision to let Megrahi go.

Koussa is believed to be no longer under the supervision of British security agencies who had questioned him at a secret location after his defection to Britain.

[The Scotsman's long report on reaction to Moussa Koussa's departure can be read here.]

Tuesday, 12 April 2011

Lockerbie families attack UK over Moussa Koussa travel plans

[This is the headline over a report just published on The Guardian website. It reads in part:]

Families of the victims of the Lockerbie bombing have accused the British government of "betrayal" after it allowed Moussa Koussa, the former Libyan foreign minister, to leave the UK to attend an international conference.

Koussa, who defected to Britain at the end of last month, was en route to Doha in Qatar on Tuesday, where an international conference on the future of Libya is to be held with representatives from the Benghazi-based opposition.

He is expected to return to the UK after the conference, but is free to travel as he pleases.

Brian Flynn, the brother of JP Flynn, who died in the 1988 attack and now organises the Victims of Pan Am 103 Incorporated campaign group in New York, said the UK authorities had "crossed a line" by allowing Koussa to attend the conference and thereby suggest he is a peace negotiator rather than, as they believe, a key instigator of the bombing.

"I think the British are being played by him … he has convinced them he can be valuable in this process, but he is not the suave diplomat in the suit sitting on the sidelines, he is one of the key guys who mastermined [the bombing of] Pan Am flight 103," Flynn said.

"He is a stated enemy of the British government. Our feeling is that the British government gave a nod to Lockerbie by questioning him two days before this conference, but that feels disingenuous. The Scottish and American prosecutors on Lockerbie are being betrayed by the politicians and the diplomats. Cameron has been good on Libya, but this sounds an awful lot like Tony Blair is back in charge."

Flynn's organisation, the largest victims' group in the US, seeks to discover the truth behind the bombing and win justice for those who died. He said the families believed the decision to allow Koussa to travel to the meeting in Qatar was part of a British strategy to encourage other defectors to flee to Britain from Gaddafi's regime, as there was no way either the rebels or the regime would trust him as an intermediary.

"He blatantly betrayed the Libyan regime and for more than 25 years he betrayed the Libyan people, so why is this the guy we are sending [to the talks]?" said Flynn.

Koussa is said to be travelling to Doha in order to establish whether he has a role to play in the rebel movement along with other senior defectors from the Gaddafi regime – perhaps by brokering a deal between Tripoli and Benghazi. (...)

Jean Berkley, co-ordinator of the UK Families Flight 103 group, who lost her 29-year old son Alistair when the Pan Am flight was blown up in mid-air, said she was mystified by the decision to let Koussa travel.

"It is very unexpected," she said. "Is he the basis of a new Libyan opposition, or what? He doesn't seem a very suitable person. Our aim is always to get more of the truth and we want a full public inquiry. Koussa must have some interesting knowledge. It is hard to know what to make of it. We will wait and see and watch with interest."

[A report on the CBS News website reads in part:]

Libya's former Foreign Minister Moussa Koussa is traveling to Qatar to share his insight on the workings of Muammar Qaddafi's inner circle, a British government official said Tuesday.

Koussa has been asked to attend the conference on Libya being held in Doha as a valuable Qaddafi insider, according to the official, who spoke on condition of anonymity because of the sensitivity of the situation.

MI6 agents stopped questioning Koussa last week, according to the official. Koussa had been staying in a safehouse until late Monday night, according to Norman Benotman, an ex-member of the Libyan Islamic Fighting Group and relative of Koussa who has been in regular contact with the former foreign minister since he fled to Britain.

Although Koussa was provided with legal advice, Benotman said he believed he had "cleared most of the legal hurdles in the UK" surrounding his alleged involvement in the Lockerbie bombing and arming the IRA.

Britain's Foreign Office confirmed the trip in a statement Tuesday, saying that Koussa was "traveling today to Doha to meet with the Qatari government and a range of other Libyan representatives."

The statement added that Koussa was "a free individual, who can travel to and from the UK as he wishes."

[A report on The Independent website reads in part:]

The coalition was accused of turning Britain into a "transit lounge for alleged war criminals" today after it was disclosed that Libyan defector Moussa Koussa had been allowed to leave the country.

Muammar Gaddafi's former right-hand man is travelling to Qatar ahead of a meeting of the international alliance's Contact Group tomorrow. (...)

But Tory MP Robert Halfon, whose family fled Libya when Gaddafi took power, insisted the coalition was repeating mistakes made with Lockerbie bomber Abdelbaset al-Megrahi.

"Many people will be very anxious that Britain is being used as a transit lounge for alleged war criminals," Mr Halfon said.

"We should learn from the release of Megrahi that we should not release those people associated with Gaddafi or let them out of the UK until they have faced the full course of the law, whether in British courts or international courts." (...)

Alex Salmond, First Minister of Scotland, said: "Mr Moussa Koussa was interviewed by Scottish police last Thursday as a potential witness in the Lockerbie investigation.

"He has not been under Scottish jurisdiction, and therefore the Crown Office has no power over his movements.

"However, we have every reason to believe that the Scottish authorities will be able to interview him again if required."

Susan Cohen, who lost her 20 year-old daughter Theodora in the Lockerbie bombing, said the British Government had now "lost all credibility".

Speaking from her home in New Jersey, she said she was "concerned" about the actions of the UK Government and called for the US to intervene.

She said: "I was hoping that the CIA would be able to speak with Moussa Koussa.

"After what happened with the release of Megrahi I no longer trust the British - the English or the Scots - on this.

"I want the US involved in this. After they let Megrahi out, why should we trust the Scots or the English to handle this?

"To me Moussa Koussa is nowhere near as important as Gaddafi, but he is helpful to us in terms of information he has on Lockerbie. That is very, very important.

"My concerns are how long he is going for, and whether he will come back.

"I am mostly worried about how much access the Americans will have to him and how much he will share with us, and when this information about Lockerbie will become public.

"How can we trust the British anymore? I think they have lost all credibility."

Moussa Koussa to leave Britain

[This is the headline over a report just published on The Guardian website. It reads in part:]

Moussa Koussa, the former Libyan foreign minister who defected to Britain, is being allowed to leave the country after being questioned by Scottish police about his role in the Lockerbie affair, the Guardian can reveal.

Koussa is expected in the Qatari capital of Doha on Wednesday where an international conference on the future of Libya is being held with representatives from the Benghazi-based opposition.

Koussa is said to be seeking to establish whether he has a role to play in the rebel movement along with other senior defectors from the Gaddafi regime – perhaps by brokering a deal between Tripoli and Benghazi.

It is believed he has links with some of the leading rebel figures, including the opposition leader Mahmoud Jibril.

It is understood Koussa spent a week being debriefed by officials from MI6 at a safe house before being allowed to go free. He was questioned by Dumfries and Galloway police about the 1988 bombing of Pan Am flight 103 in which 270 people died, though was he was not a suspect.

William Hague, the foreign secretary, had insisted that Koussa would not be given immunity from prosecution. (...)

It is expected that he will return to the UK in the next few days after the trip to the Middle East.

The hope in Whitehall is that Koussa's lenient treatment by the UK authorities will send a positive signal to other would-be Libyan defectors as part of a broader strategy of eroding Muammar Gaddafi's position. (...)

On Monday Koussa made his first public statement since leaving Libya 12 days ago. (...)

Speaking in Arabic, Koussa made no reference in his statement to questions about his past and any knowledge or involvement in the Lockerbie bombing. It is understood he has a lawyer representing him.

[A report just published on The Scotsman website can be read here.]

Ex-Gaddafi aide Moussa Koussa warns against civil war

[This is the headline over a report published today on the BBC News website. It reads in part:]

The most high-profile minister to flee Libya has warned against the risks of civil war and the possibility of his country becoming "a new Somalia".

Speaking publicly for the first time since coming to the UK, Moussa Koussa told the BBC that the unity of Libya was essential to any settlement.

His comments came after rebels rejected an African Union ceasefire proposal.

The AU says Col Muammar Gaddafi has accepted the plan, but on Monday his forces attacked the city of Misrata. (...)

BBC's security correspondent Gordon Corera said he was told Mr Koussa was not ready to be interviewed, but would give a prepared statement.

"I ask everybody to avoid taking Libya into civil war," Mr Koussa said. "This would lead to so much blood and Libya would be a new Somalia."

"More than that, we refuse to divide Libya. The unity of Libya is essential to any solution and settlement for Libya."

Libya's Minister for Social Affairs, Ibrahim Zarouk al-Sharif, said he could not comment on Mr Koussa's statement while the former foreign minister was "captured" in a hostile country.

Mr Koussa is a former head of Libyan intelligence and has been accused of being involved in the 1988 Lockerbie bombing. (...)

In his statement on Monday he said he had been "devoted" to his work for 30 years under Col Gaddafi, and was confident that it was serving the Libyan people.

However, he said, after recent events "things changed and I couldn't continue".

"I know that what I did to resign will cause me problems, but I'm ready to make that sacrifice for the sake of my country," he said.

He added that the solution in Libya would come from the Libyans themselves, through discussion and democratic dialogue.

The UK and its allies have a responsibility to ease the dialogue so that Libyans can build a democratic country, he said.

The BBC's Middle East editor Jeremy Bowen said Mr Koussa's decision to speak in Arabic suggested he wanted to send a message back home - to both sides.

[A report from The Press Association news agency can be read here.]

Monday, 11 April 2011

A message from Susan Lindauer

[The following message was posted yesterday on Facebook by Susan Lindauer.]

The current situation creates an unexpected opportunity for the Pan Am 103 families to demand that the Scottish courts review the sealed deposition of Dr Richard Fuisz, in the closing days of the Lockerbie trial. The deposition was given in the US Federal Court of Alexandria, Virginia in January, 2001, and sworn before Judge White. Curiously, the deposition was sealed in the US and could only be read overseas, putting it out of reach to the US families concerned with Lockerbie. However, within the sealed portion of the deposition is a Double Seal. Attorneys for Butera & Andrews in Washington were prohibited from advising Edward MacKechnie [RB: solicitor for Fhimah during the Zeist trial and later solicitor for Megrahi] about its contents. However, as Dr Fuisz's former asset of many years, I have privileged access to know what that contains: a list of 11 names of the individuals involved in the attack, and the map laying out their conspiracy.

By gathering together now, while attention's hot on this Libyan defector, [Moussa] Koussa, we can force the issue, and compel the Scottish courts to examine the double seal.

[More on Susan Lindauer can be read here and by inserting her name in this blog's search facility.]

Libya: Britain told US not to intervene in Lockerbie bomber release

[This is the headline over a report in today's edition of the Daily Telegraph. It reads in part:]

The British ambassador to the US told America it should not intervene to stop the release of the Lockerbie bomber from a Scottish prison, according to leaked diplomatic cables obtained by WikiLeaks and passed to the Daily Telegraph.

Nigel Sheinwald told James Steinberg, the US Deputy Secretary of State, that he was "concerned" that the demands of victims' families were unduly influencing US policy.

His comments came during critical negotiations over whether Abdelbaset al-Megrahi, who was convicted of the murder of 270 passengers on Pan Am Flight 103, should be switched to a Libyan jail to serve the remainder of his sentence.

Sir Nigel was Tony Blair's foreign policy adviser between 2003 and 2007 and played a key role, alongside the Libyan Foreign Minister Moussa Koussa, in bringing Colonel Muammar Gaddafi back into the international fold. He was at Mr Blair's side for the first meeting with Colonel Gaddafi in 2007 that resulted in a substantial BP oil contract. [RB: Sheinwald was at Blair's side throughout the negotiations that resulted in the "deal in the desert".]

The cable, obtained by WikiLeaks and passed to the Daily Telegraph, is dated February 2009. It states: "Sheinwald asked that the US continue to consult with the UK in the possible transfer of ailing Pan Am bomber Abdel-Basset al-Megrahi from the UK to Libya. Specifically, he said HMG supported the discussions this week between UK and US officials to define a common strategy.

"Sheinwald cited concern that the Pan Am victims' families were asking for direct US intervention to stop the transfer. He asked that the United States delay "for a few days" any intervention with the Scottish authorities, who will ultimately decide on the transfer." [RB: At this stage, only repatriation under the UK-Libya prisoner transfer agreement was in issue. No application for compassionate release was made by Megrahi until several months later.]

He was firmly rebuffed by Deputy Secretary Steinberg. The cable states: "The Deputy said the UK government needed to understand the sensitivities in this case, and noted he was acutely aware of the concerns of Lockerbie victim's groups from his previous time in government."

Mr Megrahi was controversially released on compassionate grounds seven months later after being diagnosed with cancer.

Last night the victim's families were furious that British diplomats actively lobbied to stop the US intervening in Megrahi's release.

Kathleen Flynn, whose son John Patrick died in the bombing, said: "It is disgraceful that the British were complicit in his release. This man was a killer who took 270 innocent lives but was allowed go free and live the life of riley in Tripoli."

Sir Nigel Sheinwald also reportedly gave Gaddafi's son, Saif, help with his PhD thesis. The doctorate awarded him by the London School of Economics was already thought suspect because he followed it with a £1.5 million donation. Mr Sheinwald denied the allegation, saying he met Saif Gaddafi while he was writing his thesis but had not helped him. (...)

Senior Labour Cabinet ministers always denied being involved in any backstairs deals over the release in August 2009, yet a secret Foreign Office memo referred to a "game plan" to facilitate Megrahi's move to Libya.

Sir Gus O'Donnell, the cabinet secretary, said in an analysis of the papers: "Once Megrahi had been diagnosed with terminal cancer in September 2008, (government) policy was based upon an assessment that UK interests would be damaged if Megrahi were to die in a UK jail."

A Foreign Office spokesman said: "We do not comment on leaked documents."