A commentary on the case of Abdelbaset al-Megrahi, convicted of the murder of 270 people in the Pan Am 103 disaster.
Monday, 13 August 2012
John Ashton and Steven Raeburn respond to Magnus Linklater
Magnus Linklater’s article in today’s Scottish edition of The Times, ‘Has Scotland really swallowed this crazy conspiracy?’, misrepresents my position on the conviction of Abdelbaset al-Megrahi. It claims that I, and certain others who believe that Mr Megrahi was wrongly convicted of the Lockerbie bombing, have alleged a grand conspiracy to frame him and Libya, in which the police, the Crown Office, witnesses, judges, senior politicians and the intelligence services were all complicit. As I pointed out to Mr Linklater at the Edinburgh Book Festival on Saturday, had he read my book, Megrahi: You are my Jury, carefully, he would know that I have done no such thing.
Like the majority of Mr Linklater’s fellow audience members on Saturday, I have not swallowed a crazy conspiracy theory about Mr Megrahi’s conviction. Rather I have noted, among other things, that the Crown failed to disclose to Mr Megrahi’s defence team at least seven key items of exculpatory evidence; that two of the most important Crown witnesses were secretly paid millions of dollars by the US Government; and that the trial court’s judgment was, according to no less an authority than the Scottish Criminal Cases Review Commission, unreasonable. All these facts Mr Linklater’s article omits to mention.
If Megrahi was framed – a big ‘if’, but not inconceivable given their extraordinary antics in the 1980s – it would almost certainly have been done by one of the US intelligence services, without the knowledge of the other protagonists listed by Mr Linklater. It is a matter of public record that during the Eighties the US National Security Council and CIA waged a massive covert campaign against Libya, which involved, among other things, spreading disinformation. During the same decade the same organisations made secret deals with the original prime suspect in the bombing, Iran. One of the Crown’s most important witnesses was revealed to be a CIA informant and prior to Lockerbie the CIA had at least one of the Swiss timing devices that the Libyans were alleged to have used to detonate the bomb. As my book revealed, new forensic evidence proves that the famous fragment of circuit board found within the bomb debris could not have been from one of the timers that, according to the undisputed Crown case, had been supplied to Libya. We don’t know the origin of the fragment, but it is by no means crazy to suggest that it was a plant. According to the head of the FBI’s Lockerbie investigation, Richard Marquise, his opposite number in the Swiss police believed this to be the case. Indeed, Marquise admitted that this possibility also crossed his mind.
Whatever the truth about the fragment, in my view Mr Megrahi was convicted, not because of a grand conspiracy, but, primarily, because the police, Crown and judges, while no doubt all acting in good faith, failed to pursue the truth objectively. It’s a flaw to which newspaper columnists are equally vulnerable.
[2. What follows is a response to Magnus Linklater from Steven Raeburn, editor of Scottish lawyers’ magazine The Firm:]
Magnus makes some challenging points: thankfully, diligent reporting allows us to go through them. Shall we?
1) Magnus: “To demonstrate that Libya was framed, they have to prove that there was a calculated decision to do so….”
01 Mar 2012 Swire seeks meeting with Cameron: "Deliberate concealment of the truth" in Pan Am 103 case (link)
http://www.firmmagazine.com/news/2827/Swire_seeks_meeting_with_Cameron%3A_%22Deliberate_concealment_of_the_truth%22_in_Pan_Am_103_case.html
29 Mar 2011 What's Libya Got to Do With It...? (link)
http://www.firmmagazine.com/features/910/What's_Libya_Got_to_Do_With_It...%3F.html
2) Magnus: “That decision would have had to lead to the planting or suppression of forensic evidence…”
26 Mar 2012 Crown Office under pressure to explain withheld Pan Am 103 evidence (link)
http://www.firmmagazine.com/news/2850/Crown_Office_under_pressure_to_explain_withheld_Pan_Am_103_evidence.html
06 Jan 2010 UN explosives consultant says Pan Am 103 circuit board fragment could not have survived explosion (link)
http://www.firmmagazine.com/news/1834/UN_explosives_consultant_says_Pan_Am_103_circuit_board_fragment_could_not_have_survived_explosion.html
19 Dec 2011 Minister’s testimony ignored for 19 years is “nail in the coffin” of discredited Megrahi conviction (link)
http://www.firmmagazine.com/news/2739/Minister%E2%80%99s_testimony_ignored_for_19_years_is_%E2%80%9Cnail_in_the_coffin%E2%80%9D_of_discredited_Megrahi_conviction_.html
3) Magnus: “the control of witnesses by intelligence services…”
09 Jun 2011 Former Lord Advocate concedes key Pan Am 103 witness was bribed (link)
http://www.firmmagazine.com/news/2430/Former_Lord_Advocate_concedes_key_Pan_Am_103_witness_was_bribed.html
Exclusive: US Department of Justice won’t rule out investigation into FBI bribery of Pan Am 103 witnesses (link)
http://www.firmmagazine.com/news/2846/Exclusive%3A_US_Department_of_Justice_won%E2%80%99t_rule_out_investigation_into_FBI_bribery_of_Pan_Am_103_witnesses_.html
4) Magnus: “the approval of senior politicians….
24 May 2011 Exclusive: Guildford Four and Birmingham Six solicitor condemns Tony Blair’s role in the “layers and layers of deceit” in Pan Am 103 case (link)
http://www.firmmagazine.com/news/2567/Megrahi_release_linkage_to_oil_deals_confirmed_to_BBC.html
07 Sep 2011 Megrahi release linkage to oil deals confirmed to BBC (link)
http://www.firmmagazine.com/news/2400/Exclusive%3A_Guildford_Four_and_Birmingham_Six_solicitor_condemns_Tony_Blair%E2%80%99s_role_in_the_%E2%80%9Clayers_and_layers_of_deceit%E2%80%9D_in_Pan_Am_103_case_.html
10 Sep 2009 "Al Megrahi was not the Lockerbie bomber" - former UK Ambassador (link)
http://www.firmmagazine.com/news/1699/%22Al_Megrahi_was_not_the_Lockerbie_bomber%22_-_former_UK_Ambassador.html
08 Dec 2010 Political interference in “compassionate” release laid bare (link)
http://www.firmmagazine.com/news/2190/Political_interference_in_%E2%80%9Ccompassionate%E2%80%9D_release_laid_bare_.html
5) Magnus: “the complicity of police officers….”
31 Dec 2011 Scottish police’s “desperate attempts” to block Megrahi miscarriage report to “hide” bribery revelations (link)
http://www.firmmagazine.com/news/2754/Scottish_police%E2%80%99s_%E2%80%9Cdesperate_attempts%E2%80%9D_to_block_Megrahi_miscarriage_report_to_%E2%80%9Chide%E2%80%9D_bribery_revelations_.html
Scottish MP Says Lockerbie Evidence Destroyed - Libyan Innocent (link)
http://rense.com/general21/lock.htm
6) Magnus: “a prosecution team prepared to bend every rule to secure a conviction….”
27 Oct 2008 Crown Office guilty of "obstructionist wheeze" and "appalling" treatment of Megrahi (link)
http://www.firmmagazine.com/news/1124/Crown_Office_guilty_of_%22obstructionist_wheeze%22_and_%22appalling%22_treatment_of_Megrahi.html
22 Dec 2011 “Blinkered” Lord Advocate “failing in his duty” over Pan Am 103 (link)
http://www.firmmagazine.com/news/2746/%E2%80%9CBlinkered%E2%80%9D_Lord_Advocate_%E2%80%9Cfailing_in_his_duty%E2%80%9D_over_Pan_Am_103_.html
08 May 2012 Exclusive: Crown Office under fire over “corruption of the trial court” in Pan Am 103 case (link)
http://www.firmmagazine.com/news/2898/Exclusive%3A_Crown_Office_under_fire_over_%E2%80%9Ccorruption_of_the_trial_court%E2%80%9D_in_Pan_Am_103_case.html
7) and a set of senior Scottish judges willing to go along with that….
13 Oct 2010 Justice system "available to manipulation" (link)
http://www.firmmagazine.com/news/2125/Justice_system_%22available_to_manipulation%22_.html
02 Oct 2009 Exclusive: Lockerbie judges under pressure to convict, despite unprecedented denial (link)
http://www.firmmagazine.com/news/1733/Exclusive%3A_Lockerbie_judges_under_pressure_to_convict%2C_despite_unprecedented_denial_.html
Now, any good sportsman knows that you should always play the ball, and not the man, but diligence also obliges me to point out a fascinating fact that Magnus Linklater himself revealed to us.
14 Aug 2009 Exclusive: Former Scotsman editor confirms government and CIA influence over Lockerbie investigation
http://www.firmmagazine.com/news/1638/Exclusive%3A_Former_Scotsman_editor_confirms_government_and_CIA_influence_over_Lockerbie_investigation_.html
Perhaps Magnus would consider debating these with me [Steven Raeburn] at a public event.
Tuesday, 8 October 2013
Scotland's Shame author responds to conspiracy theorist slur
Thursday, 15 December 2022
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.]
Sunday, 29 December 2013
Lockerbie, Megrahi, Ashton and Linklater
Wednesday, 13 August 2014
"Crazy conspiracy" slur remembered
Wednesday, 27 January 2016
Lockerbie and the claims of Magnus Linklater
Magnus Linklater’s article on the Lockerbie case 'We can be confident that the Scottish prosecutors got the right man’ (6 January) makes a number of inaccurate claims, including the suggestion that, when writing the biography of the alleged bomber, Abdelbaset al-Megrahi, I deliberately suppressed evidence that was unfavourable to Mr Megrahi.
This was that on the morning of the bombing, and on a couple of occasions prior, he shared a flight with Libyan Abouagela Masud, who was alleged by a Libyan witness to be the bomb-maker responsible for the La Belle night club bombing in Berlin in 1986. This particular flight was from Malta, which the prosecution alleged was the launchpad for the bomb.
The book examined the evidence used to convict Mr Megrahi. Like the Scottish Police and prosecutors, I was unaware of Mr Masud’s alleged connection to La Belle until told of it by filmmaker Ken Dornstein well over three years after completing that book. Mr Linklater could easily have checked this with me before defaming me, but chose not to. How, I wonder, could I have suppressed something of which I had no knowledge? My book did not dodge the fact that Mr Megrahi was connected to some unsavoury characters within the Gaddafi regime, including the alleged mastermind of La Belle and Said Rashid, yet Mr Linklater fails to mention this, preferring instead to accuse me of burying inconvenient truths.
As anyone who has followed the Megrahi case knows, it is the Crown that suppressed important evidence – lots of it – all of which was helpful to Mr Megrahi. On this scandal Mr Linklater has consistently remained mute.
He also suggests that my claim that Megrahi suffered a miscarriage of justice is based on speculation, rather than hard evidence. Had he read my book properly, he would see that all of its key claims are founded on hard evidence, the bulk of which was from the Crown’s own files. The same goes for Dr Morag Kerr’s book Adequately Explained by Stupidity?, which he breezily dismisses, without naming it, as having 'no concrete evidence’ to back it up.
He implies that I believe Mr Megrahi was the victim of a giant conspiracy in which judges and lawyers knowingly participated in a miscarriage of justice. As I have repeatedly made clear, including to Mr Linklater, I hold no such belief. If there was a conspiracy to frame Mr Megrahi – a big if, but by no means impossible – I don’t believe it would have involved the knowing participation of the Scottish criminal justice system.
Mr Linklater tells us: 'I like the famous Sherlock Holmes quote: "Once you eliminate the impossible, whatever remains, no matter how improbable, must be the truth"', yet applies it selectively. Hard evidence that has emerged since Mr Megrahi was convicted demonstrates the impossibility of the main planks of the prosecution case: that Mr Megrahi bought the clothes for the bomb suitcase from a Maltese shop a fortnight before the attack; that the fragment of bomb timer found at Lockerbie matched timers supplied to Libya by Swiss firm Mebo; and that the bomb began its journey In Malta. In contrast, the only evidence to support the conviction in 15 years is that concerning Abouagela Masud.
Two years ago I wrote an open letter to Mr Linklater, which posed a number of questions. He promised to reply, but never did. Maybe he would like to in the Scottish Review – he has had plenty of time to think of answers.
John Ashton
My book is stuffed to the eyeballs with concrete evidence that the bomb was introduced at Heathrow. I have repeatedly begged proponents of Megrahi’s guilt to explain to me in what way I am mistaken or what inferences I have missed that might admit of any plausible scenario whatsoever whereby the bomb suitcase might have flown in on the feeder flight. Nobody has answered me. I have specifically begged Mr Linklater in person to address this point, but he has ignored me in favour of yet another sally in the press denouncing 'conspiracy theorists'.
He repeatedly states that no evidence has emerged that would stand up in court. I am quite certain that the analysis I present would stand up in court, as would other evidence being highlighted by other interested parties. The problem is that it has not come before any court. Attempts to bring it to court have been mounted and indeed are ongoing, but so far these have been thwarted by procedural obstacles.
It is not enough simply to hand-wave away a detailed, evidence-based and non-conspiratorial dissection of the Lockerbie evidence with vague platitudes about 'nothing has emerged to give it ... validity'. What does he expect to emerge, from where and from whom, before he will do me the courtesy of actually addressing the substance of my thesis? One might imagine that it would be of some interest to a journalist who repeatedly invokes the name of the respected Sunday Times Insight series, but apparently not.
If, as I contend, detailed and logical analysis of the evidence gathered at Lockerbie (with no allegations of fabrication, substitution, evidence-planting, corruption, conspiracy or deliberate malpractice) demonstrates beyond reasonable doubt that the bomb was introduced at Heathrow, not Malta, this flips the entire 'was Megrahi guilty?' conundrum on its head. Rather than placing him at the scene of the crime, it provides him with a rock-solid alibi.
Ken Dornstein’s work, which impresses Mr Linklater so profoundly, relies absolutely and fundamentally on the unexamined assumption that the Lockerbie bomb was introduced at Malta. If it wasn’t, then he might as well produce eye-witness evidence that Elvis was checking in for a flight at Luqa airport that morning for all the relevance it would have. It doesn’t matter if Megrahi knew, or travelled with, or was related to any number of rank bad guys implicated in unrelated atrocities – if the scene of the crime that day was a thousand miles away, he didn’t do it. Worse still, the entire multi-million-pound Lockerbie investigation was up a gum tree from its earliest weeks, and due to its failure to investigate the real scene of the crime we simply have no idea who carried out the atrocity.
I challenge Mr Linklater to put up or shut up. To explain in detail where he thinks the mistakes or omissions are in my analysis that invalidate my conclusion that the bomb suitcase was already in the container an hour before the flight from Frankfurt landed, or to refrain from disparaging my work and myself in print.
Morag Kerr