DNA extracted from Lockerbie bomb suitcase, 37 years after atrocity

[This is the headline over a report published in today's edition of The Sunday Times. It reads in part:]

Forensic experts have extracted DNA from the suitcase containing the Lockerbie bomb for the first time and will seek to match it against swabs taken from the Libyan explosives chief accused of Britain’s worst terrorist atrocity.

Advances in technology have allowed Scottish scientists to gather DNA from the suitcase lining and an umbrella packed into the luggage before Pam Am Flight 103 exploded in mid-air in December 1988, killing 270 people.

Prosecutors hope the new evidence could match samples from Abu Agila Masud, 74, the alleged bomb-maker, who is waiting to go on trial in America.

The potential breakthrough is outlined in US court papers obtained by The Sunday Times. The documents identify a list of expert witnesses for the prosecution, including Dr Nighean Stevenson, a leading authority in DNA analysis at the Scottish Police Authority (SPA). She has re-examined exhibits retrieved from the crash site more than three decades ago. (...)

The only suspect convicted to date is Abdelbaset al-Megrahi, a former Libyan intelligence officer who was jailed for life in 2001 following a trial in the Netherlands presided over by Scottish judges.

Megrahi was released by the Scottish government on compassionate grounds in 2009 after being diagnosed with terminal cancer. He lived for another 33 months, dying at his home in Tripoli, aged 60.

A co-defendant in Megrahi’s trial, Lamin Khalifah Fhimah, another Libyan intelligence officer, 69, was acquitted. However, he remains the subject of an active US arrest warrant.

Masud’s name came up in the original investigation into the atrocity after Scottish police, aided by the FBI, established that the bomb had travelled in an unaccompanied suitcase from Malta to Heathrow, via Frankfurt, before being loaded on to Flight 103. However, investigators were unable to trace him. [RB: The theory that the bomb on Pan Am 103 was in a suitcase offloaded from the feeder flight from Frankfurt to Heathrow has been convincingly demolished by Dr Morag Kerr in her book Adequately Explained by Stupidity? Lockerbie, Luggage and Lies.]

It was only after the fall of Colonel Gadaffi, the Libyan leader, in 2011 that Masud, a bomb-maker for the Libyan External Security Organisation, the intelligence service, was detained by opposition forces.

He was extradited to the US at the end of 2022 after allegedly confessing to building the Lockerbie bomb and taking it in a suitcase from Tripoli to Malta. [RB: Masud was not extradited. He was abducted from his home by a local warlord, sold on to US authorities and then the victim of extraordinary rendition to the United States.] His defence team are set to argue that the confession was extracted in Libya under duress, and is therefore inadmissible. He has entered a not guilty plea.

That means a DNA match between items from the bomb suitcase and Masud could be highly significant.

“If you’ve got his DNA [in the suitcase] … it would knock down the building blocks of his potential defence,” said Dick Marquise, the FBI special agent who led the US end of the original investigation.

Marquise said he was not aware of any DNA evidence collected in the immediate aftermath of the bombing in 1988. “It was much too new a science,” he added. (...)

Outlining her expertise as a potential prosecution witness, US court papers state: “Dr Stevenson examined items relating to an umbrella and an item relating to the lining of a suitcase.

“These items were examined using specialised lighting, and DNA samples were taken from each. The DNA profiles obtained from these items were of varying quality and were generally commensurate with the expectations of these items.”

The document continues: “Analysis of a DNA reference sample relating to the accused nominal [Masud] has yet to be carried out. When a DNA profile relating to this individual has been generated, it will thereafter be compared to any suitable DNA profiles which have already been obtained.”

This weekend it remained unclear whether a DNA match had been found. However, software used by Stevenson’s team is able to generate a “likelihood ratio” of a “person of interest” contributing to a specific DNA profile rather than other individuals.

In theory, the tests could also prove whether Megrahi had handled items packed into the bomb suitcase.

Part of the evidence against him in 2001 revolved around the testimony of a Maltese shop owner, who claimed Megrahi had bought various items of clothing and an umbrella from his business days before the Lockerbie attack.

Masud’s trial in Washington was due to start last month. However, the complexity of the case and the defendant’s poor health have led to it being pushed back until spring.

In his alleged confession, made in a Libyan jail in 2012, Masud named both Megrahi and Fhimah as co-conspirators.

A criminal complaint filed by the FBI states: “Approximately three months after [the bombing], Masud and Fhimah met with the then Libyan leader, Muammar Gadaffi, and others, who thanked them for carrying out a great national duty against the Americans, and Gadaffi added that the operation was a total success.”

[RB: The following comment is from an article published today on Dr Ludwig de Braeckeleer's Intel Today website:]

The Old “Look at the Door” Trick

Henri Landru was a French serial killer tried in 1921. During World War I, he posed as a lonely widower seeking companionship through classified ads. In reality, he lured wealthy widows to his villa in Gambais, murdered them, and allegedly disposed of their bodies in his oven.

Ten women—and the teenage son of one of them—disappeared after visiting Landru. There were no bodies, no direct eyewitnesses, and no confession. The entire case was built on circumstantial evidence, which left—just barely—room for reasonable doubt.

Landru’s defense lawyer, Vincent de Moro Giafferri, was a master of courtroom theatrics. During his closing argument, he focused on the absence of physical proof. He knew that if he could shake the jury’s certainty, he might save his client from the guillotine.

At a dramatic moment, Moro Giafferri played a psychological card. As he neared the end of his plea, he said something like:

“One of the women Landru is accused of killing—what if she is still alive? What if she walked through that door right now?”

He gestured toward the courtroom entrance. And naturally, every juror turned to look. Then came the punchline:

“Ladies and gentlemen, you all looked. That means you’re not sure. And in our justice system, if there is doubt, it must benefit the accused.”

Back to Lockerbie

It was a brilliant moment—simple, theatrical, unforgettable. A masterclass in planting uncertainty.Now, 37 years after the downing of Pan Am Flight 103, US authorities claim they have extracted DNA from the suitcase believed to have held the bomb.

The sample is being tested to determine whether it matches that of Abu Agila Mohammad Masud, the Libyan man accused of constructing the device.

Let’s be clear: the FBI and the US DoJ know the DNA won’t match. The purpose of this operation isn’t to prove Masud’s guilt — it’s to perform certainty. It’s the modern version of the “look at the door” trick.

Only this time, it’s not the defense gesturing at the door. It’s the prosecution — and they already know no one’s coming through. Because this trial isn’t for a jury. It’s for public consumption.

By conducting a highly publicized DNA analysis — decades after the fact, with compromised evidence — they aren’t seeking truth.

They’re selling belief. They’re telling the world: “We’re still working the case. We believe in the evidence. We believe in the guilt.”

But they don’t. And we know it.

ADDENDUM

RB: I am grateful to John Ashton for the following comment on the above article:

A couple of points re the DNA story in The Sunday Times. The SCCRC, in its original review, considered a DNA trace on one of the umbrella fragments – see paras 4.50 to 4.56 of the Statement of Reasons). The results, while inconclusive, pointed to the Crown forensic experts. Also attached is a photo of the circuit board fragment from the crown forensic report (see below). All the photos in the report were taken at RARDE. The fact that the fragment was resting on a bare fingertip suggests a lack of regard for DNA evidence (and, for that matter, fingerprint evidence).

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

Magnus at it again

[What follows is excerpted from an article by Magnus Linklater headlined A chance to challenge Lockerbie conspiracy theories published in today's edition of The Times:]

Suspect’s extradition to the US represents a pivotal moment in a case that has long been dogged by doubt

For those who have followed the tortuous Lockerbie trail, this is a key moment, the first chance to test not just Masud’s involvement but to challenge the long list of conspiracy theories that have dogged the case since the outset. It is almost conventional wisdom to argue that the one man convicted of the bombing, Abdelbaset al-Megrahi, was innocent; that Libya had nothing to do with the attack and that agencies on both sides of the Atlantic conspired to fix the evidence so as to shift blame away from the most likely perpetrators, a Palestinian terrorist group sponsored by Iran.

Many thousands of words have been devoted to sustaining a sequence of events that has US intelligence agents planting or altering a bomb fragment to implicate Libya, then coaching a Maltese witness into identifying Megrahi as the man who came into his shop in December 1988 to buy clothing later used to wrap the bomb. So dodgy was the witness and so conflicting his evidence, say Megrahi’s defenders, that the charge against him is unsustainable and the Scottish judges and lawyers who convicted him are guilty of a miscarriage of justice.

As with all conspiracy theories, this one requires a massive suspension of disbelief. Not just the falsifying of evidence, or the manipulation of a witness, but the number of people who would have to know about it yet have remained silent — intelligence agents and detectives on both sides of the Atlantic, Scottish lawyers and judges, bomb specialists and other technicians — a rogue’s gallery of experts, all subscribing to a lie.

There is one fact, however, that no conspiracy theory can quite explain. Present in Malta the day when, prosecutors say, the bomb was loaded on to a connecting flight from Luqa airport, was not only the Libyan intelligence officer Megrahi, but a shadowy figure who, like Megrahi, left the island later that day to return to Libya.

A long and detailed investigation to find out who was behind the attack was embarked upon by Ken Dornstein, an American film-maker whose brother died on Pan Am 103. His inquiries began with a bomb exploding in a Berlin nightclub in 1986, killing two US servicemen. Dornstein succeeded in identifying the man who made the bomb and was sent a picture from Libya that confirmed it. That man was Masud. His presence in Malta with Megrahi is confirmed by passport records. Later he appears as a blurred figure behind bars in a Libyan court, facing charges on a separate bombing offence. He is seen again, in the back of a car, among the welcoming party when Megrahi returns to Libya after release from a Scottish jail in 2009.

Those who claim Megrahi was wrongly convicted have a lot of explaining to do. Why, if he was innocent, was he in Malta with a known bomb-maker? And how did all those clever US agents manage to ensure the men they would later frame were in the right place at the right time? I am sure the conspiracy theorists will come up with an answer. It had better be good.

[Magnus Linklater has a long history of branding as conspiracy theorists those of us who remain unconvinced of the legal justification for the conviction of Abdelbaset Megrahi. The manifold replies to this repeated Linklater slur can be found here. His silence in response to challenges to answer the points raised in them is eloquent. Examples of such rebuttals by John Ashton and Dr Morag Kerr are to be found in Lockerbie and the claims of Magnus Linklater.]

Lockerbie bombing suspect in US custody

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

A Libyan man accused of making the bomb which destroyed Pan Am flight 103 over Lockerbie 34 years ago is in United States custody, Scottish authorities have said.

The US announced charges against Abu Agila Masud two years ago, alleging that he played a key role in the bombing on 21 December, 1988.

The blast on board the Boeing 747 left 270 people dead.

It is the deadliest terrorist incident to have taken place on British soil. (...)

Last month it was reported that Masud had been kidnapped by a militia group in Libya, leading to speculation that he was going to be handed over to the American authorities to stand trial.

In 2001 Abdelbaset al-Megrahi was convicted of bombing Pan Am 103 after standing trial at a specially-convened Scottish court in the Netherlands.

He was the only man to be convicted over the attack.

Megrahi was jailed for life but was released on compassionate grounds by the Scottish government in 2009 after being diagnosed with cancer.

He died in Libya in 2012. (...)

A spokesperson for the Crown Office and Procurator Fiscal Service (COPFS) said: "The families of those killed in the Lockerbie bombing have been told that the suspect Abu Agila Mohammad Mas'ud Kheir Al-Marimi ("Mas'ud" or "Masoud") is in US custody.

"Scottish prosecutors and police, working with UK government and US colleagues, will continue to pursue this investigation, with the sole aim of bringing those who acted along with Al Megrahi to justice."

[What follows is excerpted from a report just published on the website of The New York Times:]

The arrest of the operative, Abu Agila Mohammad Mas’ud, was the culmination of a decades-long effort by the Justice Department to prosecute him. In 2020, Attorney General William P Barr announced criminal charges against Mr Mas’ud, accusing him of building the explosive device used in the bombing of Pan Am Flight 103, which killed 270 passengers, including 190 Americans.

Mr Mas’ud faces two criminal counts, including destruction of an aircraft resulting in death. He was being held at a Libyan prison for unrelated crimes when the Justice Department unsealed the charges against him two years ago. It is unclear how the US government negotiated the extradition of Mr Mas’ud.

Mr Mas’ud’s suspected role in the Lockerbie bombing received new scrutiny in a three-part documentary on “Frontline” on PBS in 2015. The series was written and produced by Ken Dornstein, whose brother was killed in the attack. Mr Dornstein learned that Mr Mas’ud was being held in a Libyan prison and even obtained pictures of him as part of his investigation. [RB: A critical commentary by John Ashton on the Dornstein documentary can be read here.] 

“If there’s one person still alive who could tell the story of the bombing of Flight 103, and put to rest decades of unanswered questions about how exactly it was carried out — and why — it’s Mr Mas’ud,” Mr Dornstein wrote in an email after learning Mr Mas’ud would finally be prosecuted in the United States. “The question, I guess, is whether he’s finally prepared to speak.”

After Col Muammar el-Qaddafi, Libya’s leader, was ousted from power, Mr Mas’ud confessed to the bombing in 2012, telling a Libyan law enforcement official that he was behind the attack. Once investigators learned about the confession in 2017, they interviewed the Libyan official who had elicited it, leading to charges.

Even though extradition would allow Mr Mas’ud to stand trial, legal experts have expressed doubts about whether his confession, obtained in prison in war-torn Libya, would be admissible as evidence.

Mr Mas’ud, who was born in Tunisia but has Libyan citizenship, was the third person charged in the bombing. Two others, Abdel Basset Ali al-Megrahi and Al-Amin Khalifa Fhimah, were charged in 1991, but American efforts to prosecute them ran aground when Libya declined to send them to the United States or Britain to stand trial.

Instead, the Libyan government agreed to a trial in the Netherlands under Scottish law. Mr Fhimah was acquitted and Mr. al-Megrahi was convicted in 2001 and sentenced to life in prison. (...)

Prosecutors say that Mr Mas’ud played a key role in the bombing, traveling to Malta and delivering the suitcase that contained the bomb used in the attack. In Malta, Mr Megrahi and Mr Fhimah instructed Mr Mas’ud to set the timer on the device so it would blow up while the plane was in the air the next day, prosecutors said.

On the morning of Dec 21, 1988, Mr Megrahi and Mr Fhimah met Mr Mas’ud at the airport in Malta, where he turned over the suitcase. Prosecutors said Mr Fhimah put the suitcase on a conveyor belt, ultimately ending up on Pan Am Flight 103.

Mr Mas’ud’s name surfaced twice in 1988, even before the bombing took place. In October, a Libyan defector told the CIA he had seen Mr Mas’ud at the Malta airport with Mr Megrahi, saying the pair had passed through on a terrorist operation. Malta served as a primary launching point for Libya to initiate such attacks, the informant told the agency. That December, the day before the Pan Am bombing, the informant told the CIA that the pair had again passed through Malta. Nearly another year passed before the agency asked the informant about the bombing.

But investigators never pursued Mr Mas’ud in earnest until Mr Megrahi’s trial years later, only for the Libyans to insist that Mr Mas’ud did not exist. Mr. Megrahi also claimed he did not know Mr Mas’ud.

Just fancy that ...

This is the headline over a letter in the current issue of Private Eye.  I am grateful to John Ashton for drawing it to my attention.

John's Cover Up of Convenience co-author was, of course Ian (not David) Ferguson.

How long, O Lord, how long?

Twenty-one years ago today the Scottish Court at Camp Zeist convicted Abdelbaset al-Megrahi of the murder of 270 people in the Lockerbie disaster (and acquitted Lamin Fhimah). The unjustness of the Megrahi conviction was demonstrated in two of the earliest postings on this blog: see Lockerbie: A satisfactory process but a flawed result and The SCCRC Decision. The conviction has also since then been fatally undermined by John Ashton’s Megrahi: You are my Jury and Dr Morag Kerr’s Adequately Explained by Stupidity? Just how much longer are we going to have to wait until this shameful blot on the Scottish criminal justice system is expunged?

RIP Archbishop Desmond Tutu

[I am saddened to learn of the death today at the age of 90 of Archbishop Emeritus Desmond Tutu, who was a convinced and long-time supporter of the Justice for Megrahi campaign. What follows is an article posted today on Jim Swire and Peter Biddulph's Lockerbie Truth website:]

Today's sad news about the death of former South African Archbishop Desmond Tutu holds a feature common to much of the media in the UK and USA. 

The selective amnesia of certain media editors is clear: Effusively praise those issues in which Tutu agrees with your agenda, and ignore those in which he opposes.

And so it is, once again, with the campaign for an inquiry into the factors surrounding the 1988 Lockerbie bombing and subsequent trial.

On the 15th March 2015 we reported that a petition had been submitted to the Scottish Parliament by the Justice for Megrahi group of bereaved relatives. That petition was rapidly and publicly supported by prominent personalities around the world. The petition, even after six years, still runs current on the Scottish Parliament's agenda.

Among those signing in support of the petition was Archbishop Desmond Tutu. He proved to be a strong supporter of the imprisoned Baset al-Megrahi and a South African colleague Nelson Mandela.  Mandela's support for al-Megrahi, too, remains ignored by the main British and US media. 

On 15th March 2015 we published the following post: [Names in alphabetical order].

Campaign for the acquittal of Baset Al-Megrahi and an official inquiry into Lockerbie

A petition requesting that the Scottish authorities undertake a comprehensive inquiry into Lockerbie is supported and signed by the following world renowned personalities. All support the campaign for acquittal of Baset Al-Megrahi, who was in 2000 convicted for the murder of 270 people on Pan Am 103.

Kate Adie was chief news correspondent for the BBC, covering several war zones 

on risky assignments. Currently hosts the BBC Radio 4 programme 

From Our Own Correspondent.

Professor Noam Chomsky has spent most of his career at the Massachusetts 

Institute of Technology (MIT), where he is currently Professor Emeritus, 

and has authored over 100 books. In a 2005 poll was voted 

the "world's top public intellectual".

Tam Dalyell, former Member of British Parliament and Father of the House. 

An eminent speaker who throughout his career refused to be prevented 

from speaking the truth to powerful administrations.

 

Christine Grahame MSP, determined advocate of the Lockerbie campaign.

Ian Hislop, editor of Private Eye magazine.

Father Pat Keegans, Lockerbie Catholic parish priest at the time of the tragedy. 

 Mr Andrew Killgore, former US Ambassador to Qatar. Founder of Washington Report on Middle Eastern Affairs.

John Pilger, former war correspondent, now a campaigning journalist and film maker. 

Dr Jim Swire.

Sir Teddy Taylor, British Conservative Party politician, MP from 1964 to 1979. 

Desmond Tutu, former Anglican Archbishop of South Africa. 1984 Nobel Peace Prize.

Mr Terry Waite. Former envoy for the church of England, held captive from 1987 to 1991

THE FULL LIST OF SIGNATORIES

Ms Kate Adie (Former Chief News Correspondent for BBC News).

Mr John Ashton (Author of ‘Megrahi: You are my Jury’ and co-author of ‘Cover Up of Convenience’).

Mr David Benson (Actor/author of the play ‘Lockerbie: Unfinished Business’).

Mrs Jean Berkley (Mother of Alistair Berkley: victim of Pan Am 103).

Mr Peter Biddulph (Lockerbie tragedy researcher).

Mr Benedict Birnberg (Retired senior partner of Birnberg Peirce & Partners).

Professor Robert Black QC (‘Architect’ of the Kamp van Zeist Trial).

Mr Paul Bull (Close friend of Bill Cadman: killed on Pan Am 103).

Professor Noam Chomsky (Human rights, social and political commentator).

Mr Tam Dalyell (UK MP: 1962-2005. Father of the House: 2001-2005).

Mr Ian Ferguson (Co-author of ‘Cover Up of Convenience’).

Dr David Fieldhouse (Police surgeon present at the Pan Am 103 crash site).

Mr Robert Forrester (Secretary of Justice for Megrahi).

Ms Christine Grahame MSP (Member of the Scottish Parliament).

Mr Ian Hamilton QC (Advocate, author and former university rector).

Mr Ian Hislop (Editor of ‘Private Eye’).

Fr Pat Keegans (Lockerbie parish priest on 21^st December 1988).

Ms A L Kennedy (Author).

Dr Morag Kerr (Secretary Depute of Justice for Megrahi).

Mr Andrew Killgore (Former US Ambassador to Qatar).

Mr Moses Kungu (Lockerbie councillor on the 21^st of December 1988).

Mr Adam Larson (Editor and proprietor of ‘The Lockerbie Divide’).

Mr Aonghas MacNeacail (Poet and journalist).

Mr Eddie McDaid (Lockerbie commentator).

Mr Rik McHarg (Communications hub coordinator: Lockerbie crash sites).

Mr Iain McKie (Retired Superintendent of Police).

Mr Marcello Mega (Journalist covering the Lockerbie incident).

Ms Heather Mills (Reporter for ‘Private Eye’).

Rev’d John F Mosey (Father of Helga Mosey: victim of Pan Am 103).

Mr Len Murray (Retired solicitor).

Cardinal Keith O’Brien (Archbishop of St Andrews and Edinburgh and Cardinal in the Roman Catholic Church).

Mr Denis Phipps (Aviation security expert).

Mr John Pilger (Campaigning human rights journalist).

Mr Steven Raeburn (Editor of ‘The Firm’).

Dr Tessa Ransford OBE  (Poetry Practitioner and Adviser).

Mr James Robertson (Author).

Mr Kenneth Roy (Editor of ‘The Scottish Review’).

Dr David Stevenson (Retired medical specialist and Lockerbie commentator).

Dr Jim Swire (Father of Flora Swire: victim of Pan Am 103).

Sir Teddy Taylor (UK MP: 1964-2005. Former Shadow Secretary of State for Scotland).

Archbishop Desmond Tutu (Nobel Peace Prize Winner).

Mr Terry Waite CBE (Former envoy to the Archbishop of Canterbury and hostage negotiator).

"Not a court of justice but a court of politics"

[What follows is excerpted from a very long article published today on the website of The Herald. The full article can (and should) be read here.]

[Dr Jim] Swire says his short-term memory is not so good, but on the details of the evidence around Lockerbie, on the events that devastated his life, he is as sharp as a tack. He believes he knows the story behind the bombing of Pan-Am 103 and that the wrong man was convicted, the wrong country blamed.

Fingers, he said, should have been pointed at Iran, who organised it through the Syrian-based Popular Front for the Liberation of Palestine-General Command (PFLP-GC), not Libya. There was even a strong motive: revenge for the shooting-down of the Airbus carrying 290 pilgrims by the USS Vincennes. Swire no longer believes that the full truth will come out in his lifetime. The sadness and anger he feels is not just at the loss of his daughter – it is also the rage of disillusionment. He rails against the opacity of the British establishment, institutions in which he had faith.

“I was the son of an Army officer,” he says, “who had been trained to look after parts of the empire during his professional career in the Royal Engineers. I thought that the establishment was working for the protection, at the very least, of its citizens. My belief was that the establishment of the UK was honourable and sought right over wrong.”

He recalls: “It wasn’t really till the end of the Camp Zeist trial of Megrahi [in which he was found guilty] that I was forced to give up that fabulous belief. I realised that was not a court of justice but a court of politics that was being held to enable the Americans to achieve their aim of diverting blame to Libya, away from Iran. One of the things that really annoys me now is that Britain was acting as a lapdog for America.” (...)

In the months following Flora’s death, Swire submerged himself in a sea of information – including technical details of the bomb and its mechanism.

“I’ve always been interested in electronics. I learned a lot about nasty plastic explosives.” he says.

From early on, he became convinced that the bomb had been one whose timer had a pressure-related switch which would trigger shortly after take-off.

“Soon after Lockerbie I got hold of an illustrated brochure from West Germany which told the British Department of Transport that the German police had recovered some specialised bombs in an operation called Autumn Leaves,” he recalls.

“It told how these bombs had a switch that could detect a drop in air pressure when an aeroplane took off and that around seven minutes from the time the wheels left the tarmac it would switch the timer on in the bomb and that the timers ran for approximately 30 minutes.”

He did the maths. “That makes a total of 37 minutes from leaving the ground before the thing went off. It was exactly that timing, 38 minutes into the flight, at which Pan-Am 103 blew up.”

The explanation that the bomb involved was one with a long running digital timer, supplied by MEBO and including circuit board produced by the Zurich company Thuring, which was at the heart of the Megrahi conviction, is one he believes too elaborate. “I think of William of Ockham. He said the simplest explanation consistent with the known facts is the most likely to be true.”

He argues that the bomb was made by terrorists linked to the PFLP-GC and that the clothing from Malta was deliberately put alongside the bomb in order to mislead. “I think,” he says, “that it all worked out according to the plans that were laid by Iran through the use of their surrogate terrorist group, the PFLP-GC.”

Key evidence supporting his theory, published in his book, some of which comes from the John Ashton book Megrahi: You are My Jury, includes a metallurgical examination done by experts commissioned by the Megrahi defence team, which showed that the circuit board fragment used as evidence did not come from a particular set of bombs supplied by MEBO to Libya, as previously had been argued, because it contained the wrong metal coating.

They also question the reliability of the identification of Megrahi by Maltese shopkeeper Tony Gauci, given records that show his attempts to get, and eventually receive, substantial money from the United States. (...)

The Lockerbie Bombing by Jim Swire and Peter Biddulph is published by Birlinn.

Aye Write: The Lockerbie Bombing: A Father's Search for Justice: Jim Swire in conversation with Kate Adie will be on May 21, 6pm.