In November 2018 a long article by Kevin Bannon entitled How Abdelbaset Ali Mohmed al-Megrahi became convicted of the 1988 Lockerbie bombing was published. The principal thesis of the article is that the representation accorded to Megrahi by his legal team at the Zeist trial and at the first appeal was gravely defective and that these deficiencies contributed in no small way to his wrongful conviction and to the failure of his appeal.
A revised and updated version of this article has just been published as a book.
My recommendation reads:
"Many people have expressed serious doubts about the justice of the conviction of Abdelbaset Megrahi for the Lockerbie bombing. But few, if any, have done so as convincingly as Kevin Bannon. He exposes mercilessly the shocking flaws in the judicial processes that enveloped Megrahi and the gross shortcomings in the legal representation that should have secured his acquittal. He provides a rigorous forensic analysis of a legal horror story."
Kevin Bannon's book can be ordered here.
Showing posts sorted by relevance for query Kevin Bannon. Sort by date Show all posts
Showing posts sorted by relevance for query Kevin Bannon. Sort by date Show all posts
Monday 2 March 2020
Tuesday 1 September 2015
Lockerbie investigators interview Tony Gauci in Malta
It was on this date in 1989 that Maltese shopkeeper Tony Gauci was first interviewed in connection with the Lockerbie investigation. His witness statement, taken by Detective Chief Inspector Harry Bell, can be read here. An item on this blog contributed by Dr Kevin Bannon entitled Tony Gauci’s Lockerbie testimony can be read here. The comments that follow the item are also very valuable.
Monday 11 July 2016
Tony Gauci in the witness box
The Lockerbie trial has heard that fragments of a baby romper suit recovered from the wreckage of Pan Am Flight 103 were traced back to a clothes shop in Malta.
The blue Babygro was said to have been in the suitcase carrying the bomb which blew the plane apart above Lockerbie.
All the items were bought by a Libyan man who went into Tony Gauci's outfitters in the Maltese town of Sliema just days earlier, the trial judges heard.
Mr Gauci picked out one of the accused - Abdelbaset Ali Mohmed Al Megrahi - as being someone who "resembled" the man who visited his shop, although he could not positively identify him.
The prosecution says the two Libyan suspects went to the shop in Sliema on 7 December, 1988, and bought clothes and an umbrella.
The charred remains of the items were later recovered from the bomb debris in and around Lockerbie.
Mr Gauci told the Scottish Court in the Netherlands that a Libyan man came into his shop - Mary's House, Tower Road, Sliema - about a fortnight before Christmas 1988.
The man looked around and when Mr Gauci invited him to try on some trousers he said they were for someone else.
The man then bought two pairs of trousers, two shirts, two cardigans, two pairs of pyjamas, a blue romper suit and, because it was raining slightly at the time, an umbrella.
"He left the shop to go to the taxi rank to get a taxi. He came back in the taxi to collect the clothing, which I took out to the taxi," said Mr Gauci.
It was not until September 1989 that Scottish and Maltese police officers went to the shop to confirm that the fragments of clothing linked to the suitcase holding the radio-cassette bomb had been purchased at Mary's House.
Friday 1 August 2014
Tony Gauci’s Lockerbie testimony
[This essay is based largely on research by its author, Kevin Bannon, for a thesis submitted in 2013 at Swansea University and later successfully defended for the award of the degree of PhD. It is to be hoped that the thesis itself will soon be more widely available.]
The conviction of Abdelbaset Ali Mohmed al-Megrahi was based primarily on the police statements and court testimony of Tony Gauci, a Maltese shopkeeper who identified him as the man who bought a number of items from his clothing shop two weeks before the bombing. Identical items were found at the Lockerbie crash site and by their condition, forensic investigators established that they were packed in the same suitcase as the bomb when it exploded.
Police detectives first met Gauci in Malta in September 1989, nearly nine months after the bombing and in his initial statements he firmly recollected and reiterated that the purchaser of the clothes was 50 years old and six feet tall. He said that it was raining at the time of the purchase, prompting the man to buy an umbrella, and in interviews one year apart or more, he asserted that the purchase had taken place in late November 1988 and that the local Christmas decorations were not yet up.
Al-Megrahi was 36 at the time of the purchase and was measured at 5’8” at trial – though both his passports noted him as 170 cm tall – slightly under 5’7”. Records showed that the hanging of illuminated Christmas decorations outside Gauci’s shop was completed on 6 December when they were switched on. It is accepted that Al-Megrahi was not in Malta until 7 December, a day when local meteorological records revealed that it was almost certainly not raining. On the basis of this testimony - Gauci’s freshest recollections - the purchaser was evidently not al-Megrahi. In any event, Gauci was quite certain that the man had not purchased any ‘Slalom’ style shirts, one of which was to prove the most crucial item accompanying the explosive device.
However, during intermittent interviews over the following year and beyond, Tony Gauci modified his recollections and these modifications proved to be entirely in favour of the Crown narrative. Indeed, by the end of his court testimony in July 2000, virtually every aspect of his evidence had changed, and in several instances it had changed drastically. Now the rainfall had been reduced to a brief, light shower – hardly wetting the ground and falling just as the man was leaving the shop. Now Gauci was “sure” the Christmas decorations were up and lit when the Libyan buyer visited his shop. The purchaser visited “about a fortnight” before Christmas – eliminating a November purchase - and Gauci now stated that the man had bought two ‘Slalom’ shirts. In court Gauci said, cryptically, that the purchaser was “...below six feet...he wasn’t small. He was a normal stature.” The descriptions of other items purchased were revised, becoming more similar to those in the suspect suitcase: the colour of the Slalom shirt, the pattern on pyjamas, the motif on a baby’s romper suit, the colour and quantity of cardigans.
Police investigators sought Gauci’s help in identifying the purchaser from photographs. After several previous photo-identification sessions, on 15 February 1991 Gauci inspected a card with 12 photos. This session took place in the company of four police investigators, all of whom knew which picture was of the suspect and the pictures were placed far enough apart for them to be aware which one was being examined by the witness – improper conditions for such a photo-session. At first Gauci had said ‘they are all too young’ but he was advised to allow for the age discrepancy and told that the man he saw ‘could be 10-15 years older’ – a blatantly illicit prompt. Gauci stopped at al-Megrahi’s picture (‘no. 8’ middle row right) and declared “This is similar but is maybe 10-15 years younger” confirming the age discrepancy of Gauci’s early recollections of the purchaser. Police investigators and Camp Zeist judges alike regarded this vague statement as the clinching identification of al-Megrahi. In fact Gauci had twice identified a newspaper picture of Abu Talb as looking like the purchaser. Abu Talb was 15 years junior to al-Megrahi, is more slightly built and has a pronounced limp – obviously quite different to any of Gauci's other descriptions of the purchaser.
As the picture of al-Megrahi was said to be dull and grainy, DCI Harry Bell had the other pictures dulled-down so that the ‘suspect’ photo would not unduly stand out; but al-Megrahi’s picture remains of singularly poor quality by comparison. The thickness of the hair styles on some of the photos appear to have also been graphically enhanced with something like a felt pen. The middle pictures in the bottom row for example make their subjects look ridiculous as if they are wearing theatrical wigs. Presumably the purpose of this exercise was also to equalise the photographs but it gives away that these pictures are the ‘fillers’ and not the image of the suspect.
The conviction of Abdelbaset Ali Mohmed al-Megrahi was based primarily on the police statements and court testimony of Tony Gauci, a Maltese shopkeeper who identified him as the man who bought a number of items from his clothing shop two weeks before the bombing. Identical items were found at the Lockerbie crash site and by their condition, forensic investigators established that they were packed in the same suitcase as the bomb when it exploded.
Police detectives first met Gauci in Malta in September 1989, nearly nine months after the bombing and in his initial statements he firmly recollected and reiterated that the purchaser of the clothes was 50 years old and six feet tall. He said that it was raining at the time of the purchase, prompting the man to buy an umbrella, and in interviews one year apart or more, he asserted that the purchase had taken place in late November 1988 and that the local Christmas decorations were not yet up.
Al-Megrahi was 36 at the time of the purchase and was measured at 5’8” at trial – though both his passports noted him as 170 cm tall – slightly under 5’7”. Records showed that the hanging of illuminated Christmas decorations outside Gauci’s shop was completed on 6 December when they were switched on. It is accepted that Al-Megrahi was not in Malta until 7 December, a day when local meteorological records revealed that it was almost certainly not raining. On the basis of this testimony - Gauci’s freshest recollections - the purchaser was evidently not al-Megrahi. In any event, Gauci was quite certain that the man had not purchased any ‘Slalom’ style shirts, one of which was to prove the most crucial item accompanying the explosive device.
However, during intermittent interviews over the following year and beyond, Tony Gauci modified his recollections and these modifications proved to be entirely in favour of the Crown narrative. Indeed, by the end of his court testimony in July 2000, virtually every aspect of his evidence had changed, and in several instances it had changed drastically. Now the rainfall had been reduced to a brief, light shower – hardly wetting the ground and falling just as the man was leaving the shop. Now Gauci was “sure” the Christmas decorations were up and lit when the Libyan buyer visited his shop. The purchaser visited “about a fortnight” before Christmas – eliminating a November purchase - and Gauci now stated that the man had bought two ‘Slalom’ shirts. In court Gauci said, cryptically, that the purchaser was “...below six feet...he wasn’t small. He was a normal stature.” The descriptions of other items purchased were revised, becoming more similar to those in the suspect suitcase: the colour of the Slalom shirt, the pattern on pyjamas, the motif on a baby’s romper suit, the colour and quantity of cardigans.
Police investigators sought Gauci’s help in identifying the purchaser from photographs. After several previous photo-identification sessions, on 15 February 1991 Gauci inspected a card with 12 photos. This session took place in the company of four police investigators, all of whom knew which picture was of the suspect and the pictures were placed far enough apart for them to be aware which one was being examined by the witness – improper conditions for such a photo-session. At first Gauci had said ‘they are all too young’ but he was advised to allow for the age discrepancy and told that the man he saw ‘could be 10-15 years older’ – a blatantly illicit prompt. Gauci stopped at al-Megrahi’s picture (‘no. 8’ middle row right) and declared “This is similar but is maybe 10-15 years younger” confirming the age discrepancy of Gauci’s early recollections of the purchaser. Police investigators and Camp Zeist judges alike regarded this vague statement as the clinching identification of al-Megrahi. In fact Gauci had twice identified a newspaper picture of Abu Talb as looking like the purchaser. Abu Talb was 15 years junior to al-Megrahi, is more slightly built and has a pronounced limp – obviously quite different to any of Gauci's other descriptions of the purchaser.
As the picture of al-Megrahi was said to be dull and grainy, DCI Harry Bell had the other pictures dulled-down so that the ‘suspect’ photo would not unduly stand out; but al-Megrahi’s picture remains of singularly poor quality by comparison. The thickness of the hair styles on some of the photos appear to have also been graphically enhanced with something like a felt pen. The middle pictures in the bottom row for example make their subjects look ridiculous as if they are wearing theatrical wigs. Presumably the purpose of this exercise was also to equalise the photographs but it gives away that these pictures are the ‘fillers’ and not the image of the suspect.
By the time Tony Gauci picked out al-Megrahi at an identification parade at Camp Zeist in April 1999, he had been exposed to pictures of him in the international media. A Maltese police officer present at the parade admitted in defence precognition that he himself would have been able to pick out al-Megrahi though never having met him - such had been the media coverage. Therefore neither this parade nor the photo-session had been properly controlled identification processes – quite the opposite.
In 1990 police investigators described Gauci as confused and ‘difficult to believe’ but this was not disclosed in court. Nor was it revealed that they had become concerned at the apparent suggestibility of Gauci, noting that he had been ‘trying to please’ them. The US Department of Justice fell over themselves to please Gauci, eventually paying him ‘in excess of $2m’ as a reward for his assistance with the investigation.
In court the details of a six feet tall, 50 year old purchaser in Gauci’s freshest recollections, were skipped over by Defence counsel and brushed aside in the judges’ deliberations. In their 80 page explanation of their verdict, the judges admitted to having a ‘major difficulty’ with the introduction of the bomb at Malta’s Luqa airport, which remains unexplained – as was its subsequent, automatic transit through Frankfurt airport and Heathrow. Nevertheless the judges cited Tony Gauci’s evidence as ‘accurate’ and ‘entirely reliable’ - one of the many absurdities to emanate from Camp Zeist.
In 1990 police investigators described Gauci as confused and ‘difficult to believe’ but this was not disclosed in court. Nor was it revealed that they had become concerned at the apparent suggestibility of Gauci, noting that he had been ‘trying to please’ them. The US Department of Justice fell over themselves to please Gauci, eventually paying him ‘in excess of $2m’ as a reward for his assistance with the investigation.
In court the details of a six feet tall, 50 year old purchaser in Gauci’s freshest recollections, were skipped over by Defence counsel and brushed aside in the judges’ deliberations. In their 80 page explanation of their verdict, the judges admitted to having a ‘major difficulty’ with the introduction of the bomb at Malta’s Luqa airport, which remains unexplained – as was its subsequent, automatic transit through Frankfurt airport and Heathrow. Nevertheless the judges cited Tony Gauci’s evidence as ‘accurate’ and ‘entirely reliable’ - one of the many absurdities to emanate from Camp Zeist.
Wednesday 24 December 2014
The development of Tony Gauci’s statements
[Regarding the Lockerbie case, Frank Mulholland QC, the Lord Advocate, has recently stated: “During the 26-year-long inquiry not one Crown Office investigator or prosecutor has raised a concern about the evidence in this case.” If this is so, then it is a truly shocking indictment of the Crown Office. The following section from Dr Kevin Bannon‘s PhD thesis, reproduced with his kind permission, demonstrates how grave the concerns should be about just one particular chapter of the evidence:]
The development of Tony Gauci’s statements from his first police interviews in September 1989 through to his testimony in court, reveal his recollections systematically developing in favour of the Crown narrative, in increasing contradiction of all his freshest recollections. This is transparently evident in the following compendium in which each subject of Gauci’s testimony in bold type is followed by actual or accepted facts summarised in italics, below which the essential statements are put chronologically:
1. Stature of the Purchaser:
The height and build of the purchaser. Al-Megrahi was 5’7” tall, average build.
1 September1989: ‘Six feet or more in height’ big chest, large head, well built.
26 September 1989: ‘around six feet or just under that in height’ and ‘broad built’.
11 July 2000 (Camp Zeist): ‘..below six feet’. ‘He wasn’t small. He was a normal stature’.
2. Purchase of clothing:
Slalom shirts. 2 Slalom shirts found at Lockerbie, one grey and one blue & white.
1 September 1989: No mention in statements of any shirts sold.
30 January 1990: ‘That man didn’t buy any shirts for sure’…‘I am sure I did not sell him a shirt’.
10 September 1990: I now remember that the man who bought the clothing also bought a beige ‘Slalom’ shirt and a blue and white striped shirt.’
11 July 2000 (Camp Zeist: asked ‘How many shirts did the Libyan buy?’): ‘Two’ shirts ‘Slalom, something Slalom’ one ‘blue checked’ and the other ‘greenish’. ‘It’s greenish and greyish. It’s more greyish…’
Pyjamas. 1 pair, striped, found at Lockerbie.
1 September 1989: ‘3 pair pyjamas’ (un-described).
11 July 2000: Did he buy any pairs of pyjamas? ‘Yes he did. He bought two pairs, striped’.
Cardigans. Fragments of 2 Cardigans found, one black and one brown.
1 September 1989: 1 cardigan (listed). Black and red colour.
11 July 2000: ‘..two pullovers.’ ‘They were cardigans.’ ‘One was blue, the other was a brownish colour’.
‘Babygro’ romper suit. Crash-site find had lamb’s head motif.
1 September 1989: Gauci said that the Babygro had a sheep’s face on the front.
13 September 1989: Gauci reiterated that the Babygro had a sheep’s head, even when shown the control sample with a lamb’s head, declaring that the sheep’s head design had been discontinued since he received it. Police subsequently established that the Babygro manufacturer had never produced a sheep’s head design.
4 October 1989: Gauci initially declared he was not sure about the sheep’s head design. Then said he was "fairly certain" that the Babygro sold to the purchaser had a lamb motif.
Payments for items sold. Gauci’s uncorroborated figures (in Maltese Pounds):
1 September 1989: Sale was £76.50, purchaser paid in £10 notes and received £4 change. Gauci later said the purchaser paid a total of £56 in cash.
19 September 1989: Second cardigan recollection; raises the sale to £88.
10 September 1990: Sale of 2 shirts raises Gauci’s recollected bill to £97 or £98.50.
11 July 2000: Purchaser gave him £80 for a total bill of £77.
3. Time and circumstances of purchase:
Rain. Meteorological evidence: 90% probability of no rain in Sliema on December 7.
1 September1989: ‘..it was raining’.
21 February 1990: ‘it had almost stopped raining, and it was just drops coming down’.
10 September 1990: ‘very little rain on the ground, no running water, just damp’.
11 July 2000, (Camp Zeist): ‘..it started dripping. Not very -- it was not raining heavily. It was simply -- it was simply dripping’.
11 July 2000: ‘It wasn't raining. It wasn't raining. It was just drizzling’.
Christmas lights/decorations. Decorations up and switched on 6 December 1988.
19 September 1989: ‘The decorations were not up when the man bought the clothes’.
10 September 1990: ‘There were no Christmas decorations up, as I have already said...’
11 July, 2000 (Camp Zeist): ‘..yes, there were Christmas lights. They were on already. I’m sure.
Date of purchase. Only December 7 fitted with al-Megrahi’s movements.
19 September 1989: ‘…I believe it…was at the end of November’.
8 October 1999 Precognition of Tony Gauci: ‘I remember it was the 29th of the month. I think it was November’. (Gauci recalled the date because he’d had a row with his girlfriend on that day).
11 July 2000 (Camp Zeist) : It must have been about a fortnight before Christmas. I don’t know whether it was a week or two weeks before Christmas’.
Second visit of Libyan customer. Al-Megrahi was not in Malta on September, 25 1989.
26 Sept 1989: Gauci said that the Libyan customer had returned to his shop the previous day (September 25) to buy dresses for a four-year-old child.
2 October 1989: (DCI Bell’s report of statement) Gauci said he was only 50% sure that the same Libyan had returned to the shop.
4 November 1991: Gauci said that the man who bought children’s dresses ‘really looked like’ [the purchaser]. Gauci seemed confused about the date of the visit.
18 March 1999 / 25 August 1999 (Precognition of Tony Gauci). Noted in DCI Bell’s words: ‘the man who bought the dresses looked like the purchaser but it was not the same person’.
Even minor details of Gauci’s testimony, including the collar sizes of shirts and the size of a jacket sold to the Libyan, drift consistently in favour of the Crown narrative.
It was not a secret that well before the Camp Zeist identification parade, Gauci had been exposed to newspaper articles featuring pictures of al-Megrahi including speculation about him as a suspect. In later SCCRC interviews, Gauci firstly admitted seeing the articles but could not recall specifics about them. Later he said that he could not recall seeing the articles at all, and later still he confirmed that he had not seen them - a transformation in the same, stepped fashion as most of his ‘recollections’ which at the very least, confirm his ineptitude as a witness.
Therefore, it is not merely the case (as has often been stated) that Gauci’s evidence was contradictory, but that in every aspect, it changed in favour of the Crown narrative, in some instances quite drastically. Gauci’s original, freshest recollections about the appearance of the Libyan purchaser and the time of his visit, would have, and should have, categorically eliminated al-Megrahi from suspicion.
Gauci’s testimony, the centrepiece of the case against al-Megrahi and, by implication, the principal Libyan connection to the crime, simply has no integrity whatsoever - nevertheless he was given a substantial financial reward for his latter evidence. These discrepancies render the entire case against al-Megrahi invalid. Of course this means that the considerable body of Camp Zeist testimony implicating al-Megrahi, such as the testimony of Majid Giaka, is false.
Monday 31 October 2016
Three dead men and their secrets
[This is the headline over an article by Kenneth Roy in today’s issue of the Scottish Review. It reads in part:]
Three of the key figures in the tangled politics of Lockerbie have now died within four years of each other: Abdelbaset al-Megrahi, the only person ever to have been convicted of the bombing (died 2012), Lord Fraser of Carmyllie, the Lord Advocate who initiated the criminal proceedings against al-Megrahi (2013) and Tony Gauci, the chief prosecution witness (a few days ago). To say that all three left unanswered questions would be one of the under-statements of our time.
Gauci was the owner of a clothes shop in Malta called Mary’s House. It was alleged that on 7 December 1988, a fortnight before the atrocity, al-Megrahi bought some clothes and an umbrella from his shop, that the clothes were wrapped round the device which brought down flight 103, and that al-Megrahi, a former head of security at Libyan Arab Airlines, collaborated with an official of the airline to breach the security at Luqa Airport and get the device on the first stage of its journey as an interline bag to Frankfurt.
But how reliable was Gauci? His credibility took a battering four years after the trial in a remarkable newspaper interview with Lord Fraser. The words attributed to Fraser – he never denied using them – were: 'Gauci was not quite the full shilling. I think even his family would say he was an apple short of a picnic. He was quite a tricky guy. I don’t think he was deliberately lying, but if you asked him the same question three times he would just get irritated and refuse to answer’.
When his successor as Lord Advocate, Colin Boyd, read this assessment of the Crown’s star witness, he asked Fraser to clarify his opinion of Gauci; others, including Tam Dalyell and al-Megrahi’s counsel, William Taylor QC, spoke out more strongly. If Fraser did clarify his opinion, the world was not made aware of it at the time.
Three years later, however, he gave Gauci a friendlier character reference in a television programme about the Lockerbie case: 'I have always been of the view, and I remain of the view, that both children and others who are not trying to rationalise their evidence are probably the most reliable witnesses and for that reason I think that Gauci was an extremely good witness’.
How this statement could be reconciled with his earlier disobliging view of the witness, Fraser did not divulge. But the remarks received little attention, for the story had moved on dramatically: al-Megrahi was now on his way home to Tripoli, released from a Scottish prison on compassionate grounds, having been diagnosed with terminal cancer, after serving eight years of a life sentence for mass murder.
Fraser’s re-evaluation of Gauci as 'an extremely good witness’ looked ridiculous on close scrutiny. When the Scottish Criminal Cases Review Commission had a detailed look at the case, it concluded that there was 'no reasonable basis’ for the judges’ opinion that the purchase of the clothes from Mary’s House took place on 7 December; the commission decided that they have must have been bought on some unspecified date before then.
This was an encouraging finding for the many defenders of al-Megrahi (myself included) who believed that 7 December was the date of his only visit to Malta. But in 2014, in a documentary for American television, Ken Dornstein, whose brother died at Lockerbie, produced evidence which undermined the case for al-Megrahi’s innocence. During 15 years of patient investigation, Dornstein discovered that al-Megrahi had been in Malta in the weeks leading up to the bombing, and that he had company: a Libyan bomb-maker, Abu Agila Mas’ud, who was among those who greeted him on his return to Libya. (...) [RB: It was never disputed that Megrahi had been in Malta earlier in 1988. What was disputed -- and what has never been proved -- is that he was there on 23 November, the other possible purchase date. On the Dornstein films, see John Ashton here and Kevin Bannon here.]
A number of fascinating secrets now go to the grave and seem destined to stay there. We shall never know what Peter Fraser really thought of the witness who was to prove so vital to his successful prosecution. We shall never know how much Tony Gauci was paid by the American authorities in return for his helpful evidence (or how much the Scottish authorities knew of the deal). And we shall never know what al-Megrahi was doing in Malta with Mas’ud if he was not there to facilitate the planting of the device.
There is a fourth 'we shall never know’ that can be stated with a sense of growing probability: that with the passage of time, and as the important players in the saga continue to fall off their perches, we shall never know the truth about Lockerbie.
Wednesday 21 November 2018
How Megrahi came to be convicted of the Lockerbie bombing
For the first time since 2011 a new item was published yesterday on Adam J Larson (Caustic Logic)'s magnificent blog The Lockerbie Divide. After a short introduction by Caustic Logic there follows a long article by Kevin Bannon entitled How Abdelbaset Ali Mohmed al-Megrahi became convicted of the 1988 Lockerbie bombing. The principal thesis of the article is that the representation accorded to Megrahi by his legal team at the Zeist trial and at the first appeal was gravely defective and that these deficiencies contributed in no small way to his wrongful conviction and to the failure of his appeal.
The article consists of copiously-referenced sections headed:
The bombing
Identification of al-Megrahi
From indictment to conviction
Supplementary evidence
A defence laid bare
The appeal
Petty cash and big money
Metamorphosis of testimony
A miscarriage
Postscript.
This is an important contribution that should be read by anyone with an interest in the Lockerbie bombing and the conviction of Abdelbaset al-Megrahi.
The article consists of copiously-referenced sections headed:
The bombing
Identification of al-Megrahi
From indictment to conviction
Supplementary evidence
A defence laid bare
The appeal
Petty cash and big money
Metamorphosis of testimony
A miscarriage
Postscript.
This is an important contribution that should be read by anyone with an interest in the Lockerbie bombing and the conviction of Abdelbaset al-Megrahi.
Tuesday 23 February 2016
The PFLP-GC chimera: Part Two
[What follows is Part Two of Kevin Bannon’s article on the chimerical PFLP-GC. Part One can be read here.]
Steve Emerson et al
In their book The Fall of Pan Am 103 (1990) Steve Emerson and Brian Duffy alluded to a suspicion that the Germans had secretly agreed with Syria to leave Palestinian suspects alone so long as no terrorist actions would be planned in Germany: ‘We will leave you alone if you leave Germans and German targets alone’ [Emerson & Duffy p124]. The notion of such a diabolical pact between Germany and a terrorist group is absurd and entirely incompatible with both West Germany’s Cold War position and its post-war attitude to terrorism. The Germans had in fact adopted a famously pro-Israeli position in the aftermath of The Holocaust. In this context, The murders of 11 members of the Israeli Olympic team at the 1972 Olympics in Munich by the ‘Black September’ group had been a catastrophe for the Germans just as it had been a disaster for Israel and for the Olympic movement. The suggestion that Germany would again entertain murderous terrorists in their midst on the condition that German citizens would not be amongst their victims is abject nonsense. Emerson & Duffy’s stated source for this theory is ‘Israeli and Western intelligence officials’ [pp124 & 139] which speaks volumes about the integrity and reliability of such sources. An article in The Guardian in April 2012 by veteran foreign journalist Luke Harding and Israel correspondent Harriet Sherwood, observed that ‘German politicians from both left and right have traditionally been supportive of Israel, for obvious historical reasons’ [p27, The Guardian 6 April 2012]. The revelations of Herbstlaub more strongly suggest that the West German government had tolerated the presence of an Israeli ‘sting’ operation in their jurisdiction, out of a sense of obligation.
According to Emerson, the Camp Zeist proceedings were ‘secured’ by Gaddafi, enabling the accused Libyans to get more ‘preferential treatment’ than they would were they tried in the US. He believed that the trial did not do justice to all the evidence, particularly ‘intelligence that could not satisfy the burden imposed’ by the ‘rules’ of proof and corroboration applicable to a court of law. Clearly a fountain of misconceptions - one could use coarser terms. [Steve Emerson, Terrorism on Trial: the Lockerbie Terrorist Attack and Libya: A retrospective Analysis, Case West Reserve Journal of International Law, Vol.36 no.2-3. 2004, 487-490].
Robert Baer, a former CIA man has made a successful second career out of writing about espionage and international intrigue. His take on the Lockerbie bombing does not contribute to a plausible or logical construct compatible with known facts, which genuine historical material tends to do. It is noteworthy that as a former CIA man, Robert Baer, for ‘security’ (i.e. strategic) reasons, cannot reveal most of the important things he must have knowledge of – hardly a position of strength for a writer of publications purporting to help unravel such mysteries.
In my own research, I did manage to find some novelties in Mark Perry’s The Last Days of the CIA (1992) – but referred to them only for their effect as ‘comic relief’.
The PFLP-GC and Ahmed Jibril
The moniker ‘PFLP-GC’ represents a cynical attempt to usurp the Popular Front for the Liberation of Palestine (PFLP) – an official and rational political party with international recognition as such.
The deadliest atrocity attributed to the PFLP-GC was said to be the in-flight bombing of Swissair Flight 330 en-route to Tel Aviv in February 1970, killing 47 passengers and crew. After the bombing, the PFLP-GC - or callers on its behalf - were reported as having claimed and (separately) denied responsibility for the atrocity, but it was suggested, implausibly, that the denial was only after the outrage the bombing had caused – an outcome which the actual bombers must surely have expected [New York Times, Feb 22, 1970]. The criminal investigation into the plane’s loss by the Swiss Federal Prosecutors Office ‘ceased definitively’ in November 2000 as no perpetrator had been identified. In response to a ‘demand’ for information about the investigations into the loss of Flight SR 330 filed in the Swiss Federal Council chamber in March 2009, the Federal Council’s response was: "There is little hope of bringing the bomber[s] to court because there are not enough clues for their identification and arrest. This was the case in 1970, and the passage of time has further blurred the evidence and reduced the chances of a successful prosecution" [Daniel Huber, “We are crashing - goodbye everybody” (E-paper) 20 Minuten 9 February 2010].
The PFLP-GC were retrospectively named or claimed as perpetrators of the Kiryat Shimona massacre of Israeli villagers in 1974, but those terrorists blew themselves up before they could be interrogated. Another attack in Israel using micro-light aircraft in the 1980’s also resulted in the deaths of the perpetrators. These terrorist acts were real enough, but the claim that the PFLP-GC were behind it, was no more than that.
As a matter of historical comparison, the Israelis famously sought out and liquidated most of the ‘Black September’ group responsible for the murders of members of the 1972 Munich Israeli Olympic team. It must be significant that Ahmed Jibril, the PFLP-GC leader, ostensibly responsible for murdering many more Jewish and Israeli non-belligerents, has not only remained at large but has been openly accessible, enjoying a high profile, and giving filmed interviews to news teams (See Francovitch The Maltese Double Cross 1994). In May 1985 the Israelis actively promoted Jibril as go-between in a spectacular deal involving the release of well over 1,150 Palestinian ‘and other’ prisoners in exchange for 3 Israeli soldiers said to have been held by the PFLP-GC – whoever they were. [Ze'ev Schiff, ‘The Prisoner Exchange’ Journal of Palestine Studies, Vol 14, No. 4, (Summer, 1985) University of California Press, pp176-180]. The agreement greatly enhanced Jibril’s prestige and status, confirming him as the ‘Palestinian’ that the Israeli’s could do business with, but if Jibril had been what he claimed to be, the Israeli’s would surely have eliminated him. In that event, the Palestinians would have shed few tears as Ahmed Jibril has been persona non grata in Gaza and the West Bank for decades. Gaza-based Mohammed Suliman writing for the pan-Middle Eastern website Al-Monitor, quoted two Palestinian residents in Syria in December 2012, while the Syrian civil conflict was on-going. One PFLP official, Mariam Abu Dakka criticized Jibril’s faction as unrepresentative. “Everyone knows the true size of PFLP-GC. They are not representative of the Palestinians. Their acts only represent them[selves], and in fact their membership in the Palestine Liberation Organization has been frozen for some time now,” Similarly, Rabah Mhanna, a senior member of the political bureau of the PFLP, affirmed the same position. “Ahmed Jibril does not even belong to the Palestinian Left. He is closer to the extremist right-wing groups than to revolutionary leftist ones” [Mohammed Suliman, Al-Monitor: 27 December 2012]. This explains Israel’s promotion of Jibril, whose principal contribution has been to help associate the Palestinians primarily with indiscriminate mass killings, rather than their pursuit of statehood.
Defence counsel in the Lockerbie trial ventured to present the Frankfurt bomb factory, PFLP-GC and the Goben memorandum as crucial to their case. In fact these diversions played a significant role in making the entire defence case eventually look ridiculous.
Steve Emerson et al
In their book The Fall of Pan Am 103 (1990) Steve Emerson and Brian Duffy alluded to a suspicion that the Germans had secretly agreed with Syria to leave Palestinian suspects alone so long as no terrorist actions would be planned in Germany: ‘We will leave you alone if you leave Germans and German targets alone’ [Emerson & Duffy p124]. The notion of such a diabolical pact between Germany and a terrorist group is absurd and entirely incompatible with both West Germany’s Cold War position and its post-war attitude to terrorism. The Germans had in fact adopted a famously pro-Israeli position in the aftermath of The Holocaust. In this context, The murders of 11 members of the Israeli Olympic team at the 1972 Olympics in Munich by the ‘Black September’ group had been a catastrophe for the Germans just as it had been a disaster for Israel and for the Olympic movement. The suggestion that Germany would again entertain murderous terrorists in their midst on the condition that German citizens would not be amongst their victims is abject nonsense. Emerson & Duffy’s stated source for this theory is ‘Israeli and Western intelligence officials’ [pp124 & 139] which speaks volumes about the integrity and reliability of such sources. An article in The Guardian in April 2012 by veteran foreign journalist Luke Harding and Israel correspondent Harriet Sherwood, observed that ‘German politicians from both left and right have traditionally been supportive of Israel, for obvious historical reasons’ [p27, The Guardian 6 April 2012]. The revelations of Herbstlaub more strongly suggest that the West German government had tolerated the presence of an Israeli ‘sting’ operation in their jurisdiction, out of a sense of obligation.
According to Emerson, the Camp Zeist proceedings were ‘secured’ by Gaddafi, enabling the accused Libyans to get more ‘preferential treatment’ than they would were they tried in the US. He believed that the trial did not do justice to all the evidence, particularly ‘intelligence that could not satisfy the burden imposed’ by the ‘rules’ of proof and corroboration applicable to a court of law. Clearly a fountain of misconceptions - one could use coarser terms. [Steve Emerson, Terrorism on Trial: the Lockerbie Terrorist Attack and Libya: A retrospective Analysis, Case West Reserve Journal of International Law, Vol.36 no.2-3. 2004, 487-490].
Robert Baer, a former CIA man has made a successful second career out of writing about espionage and international intrigue. His take on the Lockerbie bombing does not contribute to a plausible or logical construct compatible with known facts, which genuine historical material tends to do. It is noteworthy that as a former CIA man, Robert Baer, for ‘security’ (i.e. strategic) reasons, cannot reveal most of the important things he must have knowledge of – hardly a position of strength for a writer of publications purporting to help unravel such mysteries.
In my own research, I did manage to find some novelties in Mark Perry’s The Last Days of the CIA (1992) – but referred to them only for their effect as ‘comic relief’.
The PFLP-GC and Ahmed Jibril
The moniker ‘PFLP-GC’ represents a cynical attempt to usurp the Popular Front for the Liberation of Palestine (PFLP) – an official and rational political party with international recognition as such.
The deadliest atrocity attributed to the PFLP-GC was said to be the in-flight bombing of Swissair Flight 330 en-route to Tel Aviv in February 1970, killing 47 passengers and crew. After the bombing, the PFLP-GC - or callers on its behalf - were reported as having claimed and (separately) denied responsibility for the atrocity, but it was suggested, implausibly, that the denial was only after the outrage the bombing had caused – an outcome which the actual bombers must surely have expected [New York Times, Feb 22, 1970]. The criminal investigation into the plane’s loss by the Swiss Federal Prosecutors Office ‘ceased definitively’ in November 2000 as no perpetrator had been identified. In response to a ‘demand’ for information about the investigations into the loss of Flight SR 330 filed in the Swiss Federal Council chamber in March 2009, the Federal Council’s response was: "There is little hope of bringing the bomber[s] to court because there are not enough clues for their identification and arrest. This was the case in 1970, and the passage of time has further blurred the evidence and reduced the chances of a successful prosecution" [Daniel Huber, “We are crashing - goodbye everybody” (E-paper) 20 Minuten 9 February 2010].
The PFLP-GC were retrospectively named or claimed as perpetrators of the Kiryat Shimona massacre of Israeli villagers in 1974, but those terrorists blew themselves up before they could be interrogated. Another attack in Israel using micro-light aircraft in the 1980’s also resulted in the deaths of the perpetrators. These terrorist acts were real enough, but the claim that the PFLP-GC were behind it, was no more than that.
As a matter of historical comparison, the Israelis famously sought out and liquidated most of the ‘Black September’ group responsible for the murders of members of the 1972 Munich Israeli Olympic team. It must be significant that Ahmed Jibril, the PFLP-GC leader, ostensibly responsible for murdering many more Jewish and Israeli non-belligerents, has not only remained at large but has been openly accessible, enjoying a high profile, and giving filmed interviews to news teams (See Francovitch The Maltese Double Cross 1994). In May 1985 the Israelis actively promoted Jibril as go-between in a spectacular deal involving the release of well over 1,150 Palestinian ‘and other’ prisoners in exchange for 3 Israeli soldiers said to have been held by the PFLP-GC – whoever they were. [Ze'ev Schiff, ‘The Prisoner Exchange’ Journal of Palestine Studies, Vol 14, No. 4, (Summer, 1985) University of California Press, pp176-180]. The agreement greatly enhanced Jibril’s prestige and status, confirming him as the ‘Palestinian’ that the Israeli’s could do business with, but if Jibril had been what he claimed to be, the Israeli’s would surely have eliminated him. In that event, the Palestinians would have shed few tears as Ahmed Jibril has been persona non grata in Gaza and the West Bank for decades. Gaza-based Mohammed Suliman writing for the pan-Middle Eastern website Al-Monitor, quoted two Palestinian residents in Syria in December 2012, while the Syrian civil conflict was on-going. One PFLP official, Mariam Abu Dakka criticized Jibril’s faction as unrepresentative. “Everyone knows the true size of PFLP-GC. They are not representative of the Palestinians. Their acts only represent them[selves], and in fact their membership in the Palestine Liberation Organization has been frozen for some time now,” Similarly, Rabah Mhanna, a senior member of the political bureau of the PFLP, affirmed the same position. “Ahmed Jibril does not even belong to the Palestinian Left. He is closer to the extremist right-wing groups than to revolutionary leftist ones” [Mohammed Suliman, Al-Monitor: 27 December 2012]. This explains Israel’s promotion of Jibril, whose principal contribution has been to help associate the Palestinians primarily with indiscriminate mass killings, rather than their pursuit of statehood.
Defence counsel in the Lockerbie trial ventured to present the Frankfurt bomb factory, PFLP-GC and the Goben memorandum as crucial to their case. In fact these diversions played a significant role in making the entire defence case eventually look ridiculous.
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