Two new Lockerbie bombing suspects identified

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

Scottish prosecutors want to interview two Libyans they have identified as new suspects over the Lockerbie bombing.

They believe the two suspects acted along with Abdelbaset al-Megrahi - the only person to have been convicted of the atrocity.

The BBC understands the pair are Mohammed Abouajela Masud and Abdullah al-Senussi.

A total of 270 people died when the Pan Am 103 flight was blown up on the evening of 21 December 1988.

The flight was on its way from London to New York when it exploded above Lockerbie, in southern Scotland, killing everyone on board and 11 people on the ground.

Senussi was the brother-in-law and intelligence chief of former Libyan dictator Colonel Gaddafi. He is currently awaiting execution in a Libyan jail.

Masud is reported to be serving a prison sentence in Libya for bomb making.

Both men were named as possible suspects in the bombing by an American TV documentary last month.

Scotland's Lord Advocate Frank Mulholland QC recently met the US Attorney General, Loretta Lynch, in Washington to review progress made in the ongoing investigation.

They have now requested permission from the Libyan authorities for Scottish police and the FBI to interview the two new suspects in Tripoli.

A Crown Office spokesman said: "The Lord Advocate and the US Attorney General have recently agreed that there is a proper basis in law in Scotland and the United States to entitle Scottish and US investigators to treat two Libyans as suspects in the continuing investigation into the bombing of flight Pan Am 103 over Lockerbie.

"The Lord Advocate has today, therefore, issued an International Letter of Request to the Libyan attorney general in Tripoli which identifies the two Libyans as suspects in the bombing of flight Pan Am 103.

"The Lord Advocate and the US Attorney General are seeking the assistance of the Libyan judicial authorities for Scottish police officers and the FBI to interview the two named suspects in Tripoli.

"The two individuals are suspected of involvement, along with Abdelbaset Ali Mohmed al-Megrahi, in the bombing of flight Pan Am 103 in December 1988 and the murder of 270 people."

The Libyan attorney general declined to comment to the BBC on whether a letter had been received from the Crown Office and whether the Libyan government would be assisting in the investigation.

Libya has struggled to stabilise since ousting long-term leader Colonel Muammar Gaddafi in 2011. Elections in 2014 produced two rival governments as Islamist and secular militias fight for control of the country.

The Crown Office said it would be inappropriate to confirm any identities to preserve the integrity of the investigation.

Megrahi's part in the bombing has been called into question in a series of books and documentaries.

And a petition seeking "Justice For Megrahi", backed by politicians and family members of some victims, was raised at the Scottish Parliament in 2012.

Jim Swire, whose daughter died in the bombing, told the BBC: "I think there is a need for evidence to be made available as to why these two are suspects.

"We have recently been refused permission in Scotland to have to have a further appeal held into Megrahi's conviction, and many in this country simply don't believe Megrahi was involved and that this was a miscarriage of justice.

"To try and bolt two more names on top of that is a very difficult situation. It will need to be supported by better evidence than was produced to achieve the conviction of Megrahi."

But Frank Duggan, president of Pan Am 103 Relatives, told BBC Radio Scotland's Newsdrive programme he was not confident there would be further prosecutions.

He said: "I would like to think there would be, but they would have to be indicted by the US government or by the Scottish government and the Libyan government would have to turn them over - the Libyans have always said they are not going to turn over anyone to a foreign government.

"And it's been 26 years. It's too long, people are dead, stories have been forgotten.

"I'd like to think that it will be one small measure of closure but I don't expect the kind of justice that we all hope for."

Stephanie Bernstein, who lost her husband in the bombing, told the BBC that she was "surprised, delighted and really gratified" by the announcement.

She added: "There are many, many people who I hope are not sleeping so well tonight knowing that the Scottish government and the US government are committed to pursuing this case."

[Other reports about this development can be read here (Reuters news agency); and here and here (both The New York Times).]

"Don't expect your quest to carry much weight"

[What follows is excerpted from a report published yesterday on the website of the Chicago Tribune:]

The Rev John Mosey has advice for relatives seeking justice for their loved ones who died aboard Malaysia Airlines Flight 17: Don't expect your quest to carry much weight.

Mosey thought truth would prevail after he lost his teenage daughter Helga, who was a passenger on Pan Am Flight 103 when it exploded over Lockerbie, Scotland, just before Christmas in 1988. But as months turned into years and then into decades, he concluded that geopolitical realities had trumped his family's desire to know what really happened.

The British cleric from Lancaster says he thinks the truth about Lockerbie is still being hidden — and has told families who lost relatives when MH17 was shot down on July 17, 2014, over eastern Ukraine they can expect the same. In face-to-face informal counseling sessions at Lockerbie, Mosey has cautioned MH17 families that the interests of powerful countries like Russia and the United States over the area where the plane was brought down may well eclipse their desire for the straight story.

"We told them they need to really get together as a group, to strengthen each other emotionally and spiritually, and to get hold of a good independent lawyer," Mosey said of his emotional sessions with MH17 families. "I've told them that I hope in their countries the politicians can't control the legal system, which is what happened here (in Britain). That is what they'll be up against."

He's also told them to try and forgive those responsible for the destruction of their families — not just because it's in the Bible, but because you can get "eaten up" by bitterness and anger if you don't.

It's clear after the release Tuesday of a Dutch Safety Board report chronicling how MH17 was brought down by a Soviet-designed Buk missile that MH17 families face many more hurdles before any responsibility for the plane's downing can be clearly established — and compensated.

In the Lockerbie case, it took more than a decade of high-stakes diplomacy before a former Libyan intelligence agent became the only person convicted of downing the New York-bound Boeing 747, killing 259 people on the plane and 11 on the ground. Many victims' families believe the full story has never been made public, however.

The Dutch report on MH-17 — challenged immediately by the Russian government and the Russian state-controlled manufacturer of the missile — concluded that a Buk missile fired from Ukrainian territory controlled by Russian separatists brought down the Boeing 777, killing all 298 people aboard. The report stops short of assigning blame, however, so it does little to advance hopes of any criminal prosecution or civil claims.

That will have to wait for the results of a Dutch criminal investigation scheduled to come to a conclusion in January, said James Healy-Pratt, an aviation lawyer representing 50 MH17 families.

"They are investigating what crimes that have been committed and by whom and will recommend charges that should be brought against individuals," he said.

Then comes the hard part: Finding the suspects, arresting them and actually putting them on trial. Healy-Pratt, who also worked on the Lockerbie cases, said this will take time. (...)

Jim Swire, an English doctor who lost his 23-year-old daughter Flora when Pan Am 103 exploded over Lockerbie, said in his meetings with MH17 families they are asking why Malaysia Airlines flew over the contested zone when some other international airlines diverted their flights.

"I think it is likely to be frustrating for them. Many sounded as if they have lost confidence in their own government," he said. "It will be very slow to resolve because international politics is involved."

At the same time, Swire said, the families who lost loved ones in the skies above Ukraine are still grieving, still looking for ways to cope.

"They are faced with a lifetime of trying to adjust to the person that's missing from their family," he said. "It's a lifetime sentence."

Investigators to interview Lockerbie suspects

[This is the headline over a report (behind the paywall) in today’s edition of The Times. It reads as follows:]

Scottish prosecutors are poised to announce a breakthrough in their investigation into the Lockerbie bomb plot.

They believe they have identified a group of Libyans who were involved along with Abdelbaset al-Megrahi, the only man convicted of the bombing of Pan Am Flight 103 which killed 270 people in December 1988.

Frank Mulholland, the lord advocate, has agreed a joint course of action with Loretta Lynch, the US attorney-general. They have requested permission from the Libyan authorities to travel there with a view to interviewing the suspects as soon as the political situation on the ground allows it.

The move follows a six-year investigation undertaken after al-Megrahi dropped his appeal against conviction in August 2009 and was released by the Scottish government on compassionate grounds to return to Libya. He died there in 2012 from prostate cancer.

It is the first time the Crown Office, which always stressed that the Lockerbie inquiry remains “live,” has confirmed that members of the group that planned and helped carry out the bombing were still alive and in Libya.

Last month The Times reported that an American TV documentary was naming several suspects. Ken Dornstein, whose brother died in the bombing, was responsible for the three-part series aired on the US Public Broadcasting Service.

After a 25-year investigation, he claimed to have identified the bomb-maker as Abu Agila Mas’ud, who is being held in a Libyan prison, accused of unrelated terrorist activities.

Another suspect, Abdullah al-Senussi, Colonel Gaddafi’s brother-in-law and head of intelligence, is also behind bars in Libya, sentenced to death.

Mr Dornstein told The Times that he believed Nasser Ali Ashour, a Libyan intelligence officer who supplied the IRA with explosives and weaponry in the 1980s, was also a suspect.

It is not known whether any of these are among the suspects the Scottish and US authorities wish to interview. The crown office refused to confirm or deny whether they were on the list.

[A response by John Ashton to Ken Dornstein’s findings can be read here.]

One of Megrahi's few judicial victories

[On this date in 2008 Abdelbaset Megrahi won a significant legal victory in the High Court of Justiciary. What follows is taken from my report on this blog:]

The High Court has totally rejected the Crown's contention that, as a matter of law, the appellant was entitled to argue only those grounds of appeal that formed the basis of the Scottish Criminal Cases Review Commission's decision to refer Abdelbaset Megrahi's case back to the court. It was always accepted by the appellant's legal team that the court had a discretion to reject any individual proposed ground of appeal (eg on the basis that it appeared on the face of it to be unarguable). But this was not good enough for the Crown, who insisted that it was a matter of law that the only grounds that the appellant was entitled to advance and entitled to have heard were those accepted by the SCCRC. It was in order to achieve such a ruling (which would have been contrary to decisions of the court in earlier cases) that a bench of five judges had to be convened. The Crown's argument has been unanimously (and, with respect, correctly) rejected by all five judges.

The Herald reports Tony Kelly, Mr Megrahi's solicitor, as saying:

"It is a complete victory for the appellant's position before the court and a complete rejection of the Crown's argument.

"The Crown employed lots of resources to try to restrict the court and they have been stopped in their tracks.

"It is an important victory for Mr Al Megrahi."

The following is an official summary of the court's Opinion. The full 83-paragraph Opinion can be read here.

SUMMARY

The Scottish Criminal Cases Review Commission has referred to this court the case of Abdelbaset Ali Mohamed Al Megrahi. The reference document runs to 790 pages. In it detailed consideration is given to a wide range of representations made on behalf of the applicant (the present appellant), as well as to the Commission's own investigations. Some of these representations found favour with the Commission; others did not. In making the reference the Commission identified five reasons which led it to believe that a miscarriage of justice may have occurred. These reasons are set out in Chapters 21 to 25 inclusive of the reference document.

The appellant has, within the time limit specified by the Act of Adjournal, lodged grounds of appeal. These run to 317 pages. They include (sometimes reformulated) matters considered by the Commission but not included in its reasons for making the reference; they also include matters not raised with or discussed by the Commission.

The Crown contends that the appellant can not, as of right, require the court to entertain the full grounds of appeal lodged by him. While it is accepted that the court may, in the exercise of its discretion, entertain any of the grounds tabled, it is contended that the appellant is not entitled to have entertained grounds going beyond the reasons stated by the Commission in their reference. The debate which we heard was concerned with discussion of that contention.

The court has heard wide-ranging submissions from the Crown and from the appellant's counsel. The issue is one of statutory construction - in particular, the meaning and effect of section 194B(1) of the Criminal Procedure (Scotland) Act 1995, as amended by the Crime and Punishment (Scotland) Act 1997. The arguments advanced by the parties and the court's discussion of them are fully set out in the Opinion of the Court which is now available. The court's conclusion is that, for the reasons given, it rejects the statutory construction urged by the Advocate depute and holds that the appellant is entitled to have his stated grounds of appeal decided by the court on their respective merits. The mechanisms which the court will adopt for the purpose of making such an adjudication will require to be considered in due course. Whether it is desirable, having regard to among other things the use of judicial resources, that a reference appellant should have unrestricted scope in what he lays before the court for adjudication is a matter for Parliament; but this court must apply the statute as presently framed.

[Regrettably, the law on this matter has now been altered by the Scottish Parliament. In any new appeal allowed by the Scottish Criminal Cases Review Commission (eg in an application by Megrahi’s family) the appeal court would be limited to the specific grounds of referral allowed by the SCCRC unless the court was prepared, in the interests of justice, to permit additional grounds of appeal to be added: Criminal Procedure (Scotland) Act 1995, section 194(D) (4A) and (4B), as inserted by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss 83, 206(1).]

Dramatic shortcomings and errors

[What follows is the text of a press release issued by Professor Hans Köchler on this date in 2005:]

Vienna, 14 October 2005/P/RE/19402c-is

The Austrian professor who was appointed by the United Nations as international observer at the Lockerbie trial in the Netherlands today commented on reports in the Scottish and British media about new doubts on the handling of the case by the judicial authorities.

Dr Hans Koechler said that the dramatic shortcomings and errors in the conduct of the trial that have been brought to the attention of the Scottish Criminal Cases Review Commission (SCCRC) confirm his earlier assessment that the Lockerbie trial resulted in a “spectacular miscarriage of justice.” (BBC News, 14 March 2002) Dr Koechler pointed to the following information that transpired in the media and that puts in doubt the very integrity of the judicial process in the Lockerbie case:

1.          The credibility of a key forensic expert in the trial, Mr Allen Feraday (UK), has been shattered. It was revealed that “in three separate cases men against whom Mr Feraday gave evidence have now had their convictions overturned” (BBC, 19 August 2005). Mr Feraday had told the Lockerbie court that a circuit board fragment found after the disaster was part of the detonator used in the bomb on board Pan Am flight 103. In the first case where Mr Feraday’s credibility had been questioned the Lord Chief Justice had stated that Mr Feraday should not be allowed to present himself an expert in electronics.

2.          A retired Scottish police officer has signed a statement confirming that the evidence that found Al-Megrahi guilty was fabricated. The police chief, whose identity has not yet been revealed, testified “that the CIA planted the tiny fragment of circuit board crucial in convicting a Libyan” for the bombing of the Pan Am jet (Scotland on Sunday, 28 August 2005). The fragment was supposedly part of the timing device that triggered the bomb. The circumstances of its discovery – in a wooded area many miles from Lockerbie months after the atrocity – have been mysterious from the very beginning.

3.          Much earlier, a forensic specialist of the American FBI, Tom Thurman, who was publicly credited with figuring out the fragment’s evidentiary importance, was later discredited as a forensic expert. A 1997 report by the US Justice Department’s Office of the Inspector General found “that in a number of cases other than Lockerbie, Thurman rewrote lab reports, making them more favorable to the prosecution. The report also recommended Thurman be reassigned to a non-scientific job because he lacked a background in science.” (American RadioWorks / Public Radio, March 2000)

4.          The most recent revelation relates to a mix-up of forensic evidence recovered on the ground in Lockerbie with material used during a series of test explosions in the course of the investigation. In one case, a garment which was damaged in a test explosion was presented as if it was the original garment found on the ground (which was completely undamaged). This garment was supposedly placed in the suitcase containing the bomb. “It casts serious doubts over the prosecution case because certain items that should have been destroyed if they were in the case containing the bomb are now known to have survived the blast.” (The Observer, London, 9 October 2005)

All these facts – which are now before the Scottish Criminal Cases Review Commission – confirm the serious doubts about the Lockerbie proceedings originally raised by the UN-appointed observer, Dr Hans Koechler. In his comprehensive reports on and evaluation of the Lockerbie trial (2001) and appeal (2002) as well as in his statement on the compensation deal made between the US, UK and Libya in 2003, Dr Koechler had criticized the highly politicized circumstances in which the case was handled and drew the attention of the international public to the possible interference of intelligence services from more than one country.

New light is being shed on his original conclusion that the trial was not fair and that the basic requirements of due process had been neglected by what The Herald (Glasgow) most recently has referred to as a “distasteful political fix” (12 October 2005). It has been reported that secret talks are under way to transfer the convicted Libyan national to a North African country, which may frustrate the efforts at a retrial under Scottish law. It is worthy to note, in that regard, that the decision of the SCCRC about a retrial or new appeal has again been delayed until some time next year, Dr. Koechler said. As reported by The Herald, it appears that the key players – the three countries involved in the Lockerbie dispute – “are so anxious to avoid a retrial that officials are said to have held secret talks to secure a get-out clause.” Commenting on these revelations, Dr Koechler stated that only a retrial, if conducted in a fair, impartial and transparent manner according to the requirements set by UN Security Council resolution 1192 (1998), including the presence of international observers, will do justice to the convicted Libyan national and to the victims’ families who deserve to know the full truth about the case. This is also imperative under the fair trial standards set by the European Convention for the Protection of Human Rights and Fundamental Freedoms, he said.

Dr Koechler reiterated his call for an independent public inquiry about the background of the terrorist crime as well as the criminal investigation and prosecution by the Scottish judiciary and the institutions of the United Kingdom. He stated that the falsification of evidence, selective presentation of evidence,  manipulation of reports, interference into the conduct of judicial proceedings by intelligence services, etc. are criminal offenses in any country. In view of the above new revelations and in regard to previously known facts as reported in Dr Koechler’s reports, the question of possible criminal responsibility, under Scots law, of people involved in the Lockerbie trial should be carefully studied by the competent prosecutorial authorities.

In a TV talk with Anne Mackenzie for BBC Newsnight Scotland (1 September 2005) Dr Koechler said that, while he does not question the integrity of Scots law as such, the handling of the Lockerbie trial has nevertheless seriously damaged the reputation of the Scottish legal system. A “political fix” such as the one reported last week in the Scottish and British media would confirm these doubts and further undermine the confidence in the integrity of the Scottish judicial system. He also said that he is afraid that, because of the political interests involved in the case, the full truth – including the identity of those responsible for the planning, financing and actual perpetration of the crime – may never be known.

In today’s statement Dr Koechler emphasized that the “global war on terror” cannot be fought credibly and with a chance of success if – in the worst case of terrorism in the history of the United Kingdom – the search for truth is abandoned for political expediency and criminal justice, i.e. the rule of law, is sacrificed on the altar of political and commercial interests.

Many dark and sinister corners to this atrocity

[What follows is the text of an article by Robert Fisk that was published in The Independent on this date in 2007:]

After writing about the "ravers" who regularly turn up at lectures to claim that President Bush/the CIA/the Pentagon/Mossad etc perpetrated the crimes against humanity of 11 September, I received a letter this week from Marion Irvine, who feared that members of her family run the risk of being just such "ravers" and "voices heard in the wilderness". Far from it.

For Mrs Irvine was writing about Lockerbie, and, like her, I believe there are many dark and sinister corners to this atrocity. I'm not at all certain that the CIA did not have a scam drugs heist on board and I am not at all sure that the diminutive Libyan agent Megrahi – ultimately convicted on the evidence of the memory of a Maltese tailor – really arranged to plant the bomb on board Pan Am Flight 103 in December 1988.

But I take Mrs Irvine's letter doubly seriously because her brother, Bill Cadman, was on board 103 and died in the night over Lockerbie 19 years ago. He was a sound engineer in London and Paris, travelling with his girlfriend Sophie – who, of course, was also killed – to spend Christmas with Sophie's aunt in the United States. Nothing, therefore, could be more eloquent than Mrs Irvine's own letter, which I must quote to you. She strongly doubts, she says, Libya's involvement in the bombing.

"We have felt since the first days in December 1988," she writes, "that something was being hidden from us ... the discrediting of the Helsinki (US embassy) warning, the presence of the CIA on Scottish soil before the work of identifying bodies was properly undertaken, the Teflon behaviour of ministers and government all contributed to a deep feeling of unease.

"This reached a peak when my father was told by a member of the American Presidential Commission on Aviation Security and Terrorism that our government knew what had happened but that the truth would not come out. In the truth vacuum, the worst-case scenario – that lives were sacrificed in expiation for the Iranian lives lost in June 1988 – takes on a certain degree of credibility. The plane was brought down in the last dangerous moments of the Reagan presidency."

Now I should explain here that the Iranian lives to which Mrs Irvine refers were the Iranian passengers of an Airbus civilian airliner shot down over the Gulf by a US warship a few months before Lockerbie and before the end of the eight-year Iran-Iraq war.

The USS Vincennes – nicknamed Robocruiser by the crews of other American vessels – blasted its missiles at the Airbus on the assumption that it was a diving Iranian air force jet. It wasn't – and the Airbus was climbing – but Reagan, after a few cursory apologies, blamed Iran for the slaughter, because it had refused to accept a UN ceasefire in the war with Iraq in which we were backing our old friend Saddam Hussein (yes, the same!).

The US navy also awarded medals – god spare us – to the captain of the Vincennes and to his gunnery crew. Some weeks later the boss of the Popular Front for the Liberation of Palestine General Command – a pro-Iranian Palestinian outfit in Lebanon – suddenly called a press conference in Beirut to deny to astonished reporters that he was involved in Lockerbie.

Why? Was he being fingered? Was Iran? Only later did those familiar "official sources" who had initially pointed the finger at Iran start blaming Libya. By then we needed the support of Iran's ally Syria and Iranian quiescence in our attempt to liberate Kuwait after Saddam's 1990 invasion. Personally, I always thought that Lockerbie was revenge for the Airbus destruction – the PLP's strange press conference lends credence to this – which makes sense of Mrs Irvine's courageous letter.

Her parents, Martin and Rita Cadman, have, she says, had countless meetings with MPs, including Tam Dalyell and Henry Bellingham, Cecil Parkinson, Robin Cook and Tony Blair, and with Nelson Mandela (whose appeal for Megrahi to be transferred to a Libyan prison was supported by the Cadmans).

In a poignant sentence, Mrs Irvine adds that her parents "are ageing and in their anxiety that they will die with no one having taken real responsibility for their son's death are in danger of losing focus and feeling that they themselves are 'raving'. The (1980-88) war in Iraq meant that no lessons were being learned, and because my brother chanced to be on that plane we all now feel a heightened sense of responsibility for the world situation".

Then Mrs Irvine comes to the point. "What can we do? Now that my father is older and it is up to us, the next generation, to try to needle the government, but is there any hope? I am writing to ask if you think there is any reasonable action that we can take that has a slight prospect of success ... a refusal to understand and admit to the past is dangerous for the future."

I couldn't put it better myself – and I do have a very direct idea. If official untruths were told about Lockerbie – if skulduggery was covered up by the British and US governments and lies were told by those responsible for our security – then many in authority know about this.

I urge all those who may know of any such lies to write to me (snail mail or hand-delivered) at The Independent. They can address their letters to Mrs Irvine in an envelope with my name on it. In other words, this is an appeal for honest whistle-blowers to tell the truth.

I can hear already the rustle of the lads in blue. Are we encouraging civil servants to break the Official Secrets Act? Certainly not. If lies were told, then officials should let us know, since the Official Secrets Act – in this case – would have been shamefully misused to keep them silent. If the truth has indeed been told, then no one is going to break the Official Secrets Act.

So I await news. Ravers need not apply. But those who know truths which cannot be told can have the honour of revealing them all. It's the least Martin and Rita Cadman and Mrs Irvine – and Bill and Sophie – deserve. As for a constabulary which just might be tempted to threaten me – or Mrs Irvine – in a quest for truth, to hell with them.

'Tiny' Rowland got Lockerbie lawyer

[This is the headline over a report that was published in The Independent on this date in 1993 (the date attached to the article on the newspaper’s website is erroneous). It reads as follows:]

Roland 'Tiny' Rowland, head of Lonrho, the international conglomerate, has intervened to speed moves to bring two Libyans accused of the Lockerbie bombing to trial.

Mr Rowland, who has close links with Libya's leader, Colonel Muammar Gaddafi, helped to secure a Scottish lawyer for the men. The appointment of Alistair Duff, an Edinburgh solicitor-advocate, has raised hopes that they may go on trial in Scotland over the downing of Pan Am flight 103 in December 1988, which left 270 people dead.

The news of Mr Rowland's involvement comes as the United Nations is due to consider tougher sanctions against Libya. Last year Mr Rowland condemned sanctions in an article in The Observer, which he then owned.

Lonrho has extensive business links with Libya. Last year Libya bought one third of the shares in Lonrho's Metropole Hotel chain for pounds 177.5m through the Libyan Arab Foreign Investment Company.

UN sanctions imposed after Colonel Gaddafi refused to hand over the men - in particular the ban on air traffic - has made doing business with Libya difficult.

John Cama, former senior partner at Lonrho's City solicitors, Cameron Markby Hewitt, and a consultant to Lonrho, revealed Dr Ibrahim Legwell, the Libyan leading the legal team, asked Mr Rowland to help to find a laywer to advise on Scottish law. He said: 'Tiny consulted me, as his legal adviser, after Dr Legwell approached him. I recommended Alistair Duff.'

Mr Rowland's intervention was not a surprise, he added. 'Tiny has been a friend of Colonel Gaddafi for over 24 years.'

Although Mr Cama is not an official member of the legal team, he and Peter Hewes, a Cameron Markby partner, met the suspects - Abdel Baset Ali Mahmed al-Megrahi and Al-Amin Khalifa Fhima - in Tripoli, the Libyan capital, this weekend. They also attended a meeting of the legal advisers.

Mr Cama, Mr Hewes, Mr Duff and Lord Macaulay of Bragar, an Edinburgh QC, flew home from Tunisia on a private jet thought to have been chartered by Lonrho.

Struggle for Lockerbie justice continues

[This is the headline over a letter from Dr Jim Swire published in today’s edition of the Sunday Herald. It reads as follows:]

It was of course a bitter blow when the High Court in the form of Lord Carloway and two other judges refused 24 UK Lockerbie relatives' application to the SCCRC to investigate the need for a further appeal against the Megrahi verdict ('Linking Megrahi to a new Lockerbie bombing suspect won't work ... he was innocent and his conviction is a stain on Scottish justice', News comment, October 4).

We have been advised that Scotland offers no process for appeal against Lord Carloway's decision.

We have hitherto avoided any public reaction to that decision primarily because it is of paramount importance not to impinge on the need of Police Scotland's ongoing investigation, Operation Sandwood, for freedom from improper external pressures. Sandwood is investigating allegations of criminality lodged by the group Justice For Megrahi in connection with the preparations for, the conduct of, and the sequels to, the Zeist trial.

In addition we are grateful that the Justice Committee of the Holyrood Parliament has retained a petition on its books (petition PE1370), to which many of us relatives signed up. It seems that any action which the Justice Committee may decide upon now over PE1370 must also logically await the findings of operation Sandwood.

John Ashton's article appears very well informed and is known to be heavily reliant on material prepared for use in the defence of Megrahi in Scottish courts. It also relies upon much material that was excluded, for whatever reasons, from use within the Zeist court, or which has emerged since Zeist, but which would certainly have been of critical importance to the SCCRC had the latter been enabled to pursue the request of the UK relatives for a further appeal.