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Thursday 7 September 2017

The three Lockerbie judges almost got the date correct

What follows is excerpted from an item originally posted on this blog on this date ten years ago.

The following article appears on the Ohmynews English language website at http://english.ohmynews.com/articleview/article_view.asp?menu=c10400&no=380264&rel_no=1

Key Lockerbie Witness Admits Perjury

Ludwig de Braeckeleer

[They] have eyes to see but do not see, ears to hear but do not hear … --Ezekiel 12:2

The Lockerbie Affair has taken yet another extraordinary twist. Last Friday I received from Edwin Bollier, head of the Zurich-based company MeBo AG, a copy of a German original of an affidavit.

The document is dated July 18, 2007, and signed by Ulrich Lumpert, who worked as an electronic engineer at MeBo from 1978 to 1994. I have scrutinized the document carefully and concluded that I have no reason to doubt its authenticity or the truthfulness of its content.

Lumpert was a key witness (No. 550) at the Camp Zeist trial, where a three-judge panel convicted a Libyan citizen of murdering the 270 people who died in the bombing of Pan Am 103 over Lockerbie.

In his testimony, Lumpert stated that "of the three pieces of hand-made prototypes MST-13 timer PC-boards, the third MST-13 PC-board was broken and [he] had thrown it away."

In his affidavit, certified by Officer Walter Wieland, Lumpert admits having committed perjury.

"I confirm today on July 18, 2007, that I stole the third hand-manufactured MST-13 timer PC-board consisting of eight layers of fiber-glass from MEBO Ltd. and gave it without permission on June 22, 1989, to a person officially investigating in the Lockerbie case," Lumpert wrote. (The identity of the official is known.)

"It did not escape me that the MST-13 fragment shown [at the Lockerbie trial] on the police photograph No. PT/35(b) came from the nonoperational MST-13 prototype PC-board that I had stolen," Lumpert added.

"I am sorry for the consequences of my silence at that time, for the innocent Libyan Mr. Abdelbaset Al Megrahi sentenced to life imprisonment, and for the country of Libya."

In just seven paragraphs, the Lumpert affidavit elucidates the longstanding mysteries surrounding the infamous MST-13 timer, which allegedly triggered the bomb that exploded Pan Am 103 over Lockerbie on Dec 21, 1988.

The Discovery of the MST-13 Timer Fragment

In the months following the bombing of Pan Am 103 over Lockerbie, someone discovered a piece of a gray Slalom-brand shirt in a wooded area about 25 miles away from the town. According to a forensics expert, the cloth contained a tiny fragment -- 4 millimeters square -- of a circuit board. The testimony of three expert witnesses allowed the prosecutors to link this circuit board, described as part of the bomb trigger, to Megrahi.

There have been different accounts concerning the discovery of the timer fragment. A police source close to the investigation reported that it had been discovered by lovers. Some have said that it was picked up by a man walking his dog. Others have claimed that it was found by a policeman "combing the ground on his hands and knees."

At the trial, the third explanation became official. "On 13 January 1989, DC Gilchrist and DC McColm were engaged together in line searches in an area near Newcastleton. A piece of charred material was found by them, which was given the police number PI/995 and which subsequently became label 168."

The Alteration of the Label

The officer had initially labeled the bag "cloth (charred)" but had later overwritten the word "cloth" with "debris."

The bag contained pieces of a shirt collar and fragments of materials said to have been extracted from it, including the tiny piece of circuit board identified as coming from an MST-13 timer made by the Swiss firm MeBo.

"The original inscription on the label, which we are satisfied, was written by DC Gilchrist, was 'cloth (charred).' The word 'cloth' has been overwritten by the word 'debris.' There was no satisfactory explanation as to why this was done."

The judges said in their judgment that Gilchrist's evidence had been "at worst evasive and at best confusing."

Yet the judges went on to admit the evidence. "We are, however, satisfied that this item was indeed found in the area described, and DC McColm, who corroborated DC Gilchrist on the finding of the item, was not cross-examined about the detail of the finding of this item."

It has long been rumored that a senior former Scottish officer who worked at the highest level of the Lockerbie inquiry had signed a statement in which he claimed that evidence had been planted. U.K. media have confirmed the story. Thus, the Scottish officer has confirmed an allegation previously made by a former CIA agent. The identity of the officer remains secret and he is only known as "Golfer."

"Golfer" has told Megrahi's legal team that Gilchrist had told him that he had not been responsible for changing the label.

The New Page 51

According to documents obtained by the Scotland on Sunday, the entry of the discovery is recorded at widely different times by UK and German investigators. Moreover, a new page 51 has been inserted in the record of evidence.

During the Lockerbie investigation Thomas Hayes and Allan Feraday were working at the Defense Evaluation and Research Agency (DERA) forensic laboratory at Fort Halstead in Kent.

Hayes was employed at the Royal Armament Research Development Establishment (RARDE). In 1995, RARDE was subsumed into the DERA. In 2001, part of DERA became the Defense Science and Technology Laboratory (DSTL).

Hayes testified that he collected the tiny fragment of the circuit board on May 12, 1989. He testified that the fragment was green. (Keep in mind that the board stolen from Lumpert is brown.) His colleague, Alan Feraday, confirmed his story at the Zeist trial.

The record is inserted on a loose-leaf page with the five subsequent pages re-numbered by hand. Hayes could not provide a reasonable explanation for this rather strange entry, and yet the judges concluded that: "Pagination was of no materiality because each item that was examined had the date of examination incorporated into the notes."

The argument of the court is illogical as the index number Hayes gave to the piece is higher than some entry he made three months later.

And there is more. In September 1989 Feraday sent a Polaroid photograph of the piece and wrote in the attached memorandum that it was "the best he could do in such short time." So, are we supposed to believe that it takes forensic experts several months to take a Polaroid picture?

Hayes could not explain this. He merely suggested that the person to ask about it would be the author of the memorandum, Feraday.

This, however, was not done. At the young age of 43, Hayes resigned just a few months after the discovery of the timer fragment.

Based on the forensic evidence Hayes had supplied, an entire family (the Maguire Seven) was sent to jail in 1976. They were acquitted in appeal in 1992. Sir John May was appointed to review Hayes' forensic evidence.

"The whole scientific basis on which the prosecution in … [the trial of the alleged IRA Maguire Seven] was founded was in truth so vitiated that on this basis alone, the Court of Appeal should be invited to set aside the conviction," said May.

In Megrahi's case, Hayes did not even perform the basic test that would have established the presence of explosive residue on the sample. During the trial, he maintained that the fragment was too small, while it is factually established that his laboratory has performed such tests on smaller samples.

Had he performed such a test, no residue would have been found. As noted by Lumpert, the fragment shown at the Zeist trial belongs to a timer that was never connected to a relay. In other words, that timer never triggered a bomb.

Feraday's reputation is hardly better. In three separate cases where men were convicted on the basis of his forensic evidence, the initial ruling was overturned in appeal.

After one of these cases in 2005, a lord of justice said that Feraday should not be allowed to present himself as an expert in the field of electronics.

According to forensic scientist Michael Scott, who was interviewed in the documentary The Maltese Double Cross -- Lockerbie, Feraday has no formal qualifications as a scientist.

The Identification of the MeBo Timer

Thomas Thurman worked for the FBI forensics laboratory in the late '80s and most of the '90s. Thurman has been publicly credited for identifying the fragment as part of a MST-13 timer produced by the Swiss company MeBo.

"When that identification was made, of the timer, I knew that we had it," Thurman told ABC in 1991. "Absolute, positively euphoria. I was on cloud nine."

Again, his record is far from pristine. The US attorney general has accused him of having altered lab reports in a way that rendered subsequent prosecutions all but impossible. He has been transferred out of the FBI forensic laboratory.

"He's very aggressive, but I think he made some mistakes that needed to be brought to the attention of FBI management," said Frederic Whitehurst, a former FBI chemist who filed the complaints that led to the inspector general's report.

"We're not necessarily going to get the truth out of what we're doing here," Whitehurst concluded.

The story shed some light on his formation. The report says, "Williams and Thurman merit special censure for their work. It recommends that Thurman, who has a degree in political science, be reassigned outside the lab and that only scientists work in its explosives section."

And the legal experts were just as fake as their scientific counterparts. In late 1998 Glasgow University set up the Lockerbie Trial Briefing Unit (LTBU) to provide impartial advice to the world media on the legal aspects of the complex and unique trial.

Andrew Fulton, a British diplomat, was appointed as a visiting law professor to head the Unit. Fulton has no legal experience whatsoever. Prior to his appointment as head of LTBU, Fulton was MI6 station chief in Washington, DC

The Modification of the MST-13 Timer Fragment

Forensic analysis of the circuit board fragment allowed the investigators to identify its origin. The timer, known as MST-13, is fabricated by a Swiss company named MeBo, which stands for Meister and Bollier.

The company has indeed sold about 20 MST-13 timers to the Libyan military (machine-made nine-ply green boards), as well as a few units (hand-made eight-ply brown boards) to a Research Institute in Bernau known to have acted as a front to the Stasi, the former East German secret police.

The two batches are very different but as early as 1991 Bollier told the Scottish investigators that he could not identify the timer from a photograph alone. Yet, the Libyans were indicted in November 1991 -- without Bollier ever having been allowed to see the actual fragment -- on the ground that the integrity of the evidence had to be protected.

But in 1998 Bollier obtained a copy of a blown-up photograph that Thurman had shown on ABC in 1991. Bollier could tell from certain characteristics that the fragment was part of a board of the timers made for East Germany and definitely not one of the timers delivered by him to Libya.

In September 1999 Bollier was finally allowed to see the fragment. Unlike the one shown by Thurman on ABC, this one was machine-made, like the one sold to Libya. But it was obvious from the absence of traces of solder that the timer had never been used to trigger a bomb.

"As far as I'm concerned, and I told this to … [Scottish prosecutor Miriam Watson], this is a manufactured fragment," Bollier says. "A fabricated fragment, never from a complete, functional timer."

The next day Bollier was shown the fragment once more. You may have already guessed that it now had the soldering traces. "It was different. I'm not crazy. It was different!" says Bollier.

Finally, at the trial Bollier was presented a fragment of a circuit board completely burnt down. Thus, it was no longer possible to identify to which country that timer had been delivered. When he requested to explain the significance of the issue, Lord Shuterland told him that his request was denied.

How did the judges account for all the mysterious changes in the appearance of the fragment? They simply dismissed Bollier as an unreliable witness.

"We have assessed carefully the evidence of these three witnesses about the activities of MeBo and in particular their evidence relating to the MST-13 timers, which the company made. All three, and notably Mr. Bollier, were shown to be unreliable witnesses. Earlier statements which they made to the police and judicial authorities were at times in conflict with each other and with the evidence they gave in court. On some occasions, particularly in the case of Mr. Bollier, their evidence was self contradictory." (§ 45)

A Scenario Implausible on Its Face

"The evidence which we have considered up to this stage satisfies us beyond reasonable doubt that the cause of the disaster was the explosion of an improvised explosive device … and that the initiation of the explosion was triggered by the use of an MST-13 timer," wrote the three fudges. (§ 15)

Lockerbie experts, such as former CIA employee Robert Baer, have suspected that the MST-13 timer could have been given by the Stasi to the Popular Front for the Liberation of Palestine-General Command [PFLP-GL], a terrorist group based in Syria, funded by Iran and led by the terrorist Ahmed Jibril.

The allegation deserves attention as it is well known that the two organizations had strong ties. Moreover, the archives of the Stasi reveal that the agency had infiltrated the Swedish government, and it is well documented that Jibril's close collaborators were operating from Sweden. Yet I never believed for a moment that the Lockerbie bomb had been triggered by a timer.

No terrorist would ever attempt to bomb an airliner with a timer-triggered bomb, and definitely not during the winter season, let alone at Christmas time, where the timetables are absolutely useless as delays are the norm rather than the exception.

Don't take my word for it. Terrorists such as Jibril and counter-terrorists such Noel Koch have stated that much.

"Explosives linked to an air pressure gauge, which would have detonated when the plane reached a certain altitude or to a timer would have been ineffective," Jibril said.

"I know all about the science of explosives. I am an engineer of explosives. I will argue this with any expert that the bomb went on board in London. I do not think the Libyans had anything to do with this."

Noel Koch headed the US Defense Department's anti-terrorism office from 1981 to 1986. Koch ridiculed the idea that terrorists would gamble on the likelihood that unaccompanied luggage would be successfully transferred twice, first from Malta to Frankfurt, and then from Frankfurt to London.

"I can tell you this much that I know about terrorism: it's simple," Koch says. "You don't complicate life. Life's complicated enough as it is. If you've got a target you want to get as close as you can to it and you don't go through a series of permutations that provide opportunities for failure and that provide opportunities for discovery. It doesn't work that way."

The Scottish Criminal Cases Review Commission

On Nov 13, 1991, two Libyans were indicted for the murder of 270 people who died in the Lockerbie bombing. The indictment was the outcome of a three-year U.S.-U.K. joint investigation.

Although Libya never acknowledged responsibility in the matter, decade-long U.N. sanctions forced Col. Muammar al-Gaddafi to handover the two men accused of the worst act of terrorism in the U.K. On April 5, 1999, they were transferred to Camp Zeist in the Netherlands, where they were judged under Scottish Law.

On Jan 31, 2001, a panel of three Scottish Judges acquitted one of them. They convicted the other for murder and sentenced him to life. Megrahi is serving his sentence in a prison near Glasgow.

Megrahi's appeal was rejected on March 14, 2002. (...)

In September 2003, he applied to the Scottish Criminal Cases Review Commission [SCCRC] for a legal review of his conviction. His request was based on the legal test contained in section 106(3)(b) of Scotland's Criminal Procedure Act of 1995.
The provision states that an appeal may be made against "any alleged miscarriage of justice, which may include such a miscarriage based on … the jury's having returned a verdict which no reasonable jury, properly directed, could have returned."

On June 28, 2007, the SCCRC decided to grant Megrahi a second appeal and to refer his case to the High Court. An impressive 800-page long document stating the reasons for the decision has been sent to the High Court, the applicant, his solicitor and the Crown Office. Although the document is not available to the public, the commission has decided "to provide a fuller news release than normal."

Is it too much to ask why the "fuller news release than normal" lists only four of the six grounds that justify the commission's conclusion that a miscarriage of justice might have occurred?

As recently pointed out by Hans Koechler, who was an international observer appointed by the United Nations at the Lockerbie trial, we may also wonder "why a supposedly independent judicial review body [the SCCRC] would try to exonerate 'preventively' officials in a case which is being returned to the High Court for a second appeal because of suspicions of a miscarriage of justice."

Indeed, the SCCRC's statement that "the commission undertook extensive enquiries in this area but found nothing to support that allegation or to undermine the trial court's conclusions in respect of the fragment [of the MST-13 MeBo timer]" is rather difficult to justify.

Toward a Criminal Investigation?

Jim Swire, who lost his daughter in the tragedy, describes the ruling on Megrahi as one of the most disgraceful miscarriages of justice in history, blaming both the Scottish legal system and US intelligence.

"The Americans played their role in the investigation and influenced the prosecution," Swire told The Scotsman.

Top-level UK diplomats tend to agree with him, such as Oliver Miles, a former British ambassador to Libya.

"No court is likely get to the truth, now that various intelligence agencies have had the opportunity to corrupt the evidence," Miles told the BBC.

The spectacular decision of the SCCRC is certain to give a second life to the dozen of alternative theories of the bombing of Pan Am Flight 103. Nearly two decades later, the case is back to square one.

Back to Square One

Let us give Lord Sutherland, Lord Coulsfield and Lord Maclean some credit. After hearing 230 witnesses and studying 621 exhibits during 84 days of evidence, spread over eight months, the three judges of the Lockerbie trial almost got the date of the worst act of terror in the UK correct.

In the first line of the first paragraph of the most expensive verdict in history (£80 million), they wrote: "At 1903 hours on 22 December 1988 Pan Am flight 103 fell out of the sky." As a matter of fact, Pan Am Flight 103 exploded on Dec 21.

Michael Scharf is an international law expert at Case Western Reserve University in Ohio. Scharf joined the State Department's Office of the Legal Adviser for Law Enforcement and Intelligence in April 1989. He was also responsible for drawing up the U.N. Security Council resolutions that imposed sanctions on Libya in 1992.

"It was a trial where everybody agreed ahead of time that they were just going to focus on these two guys, and they were the fall guys," Scharf wrote.

"The CIA and the FBI kept the State Department in the dark. It worked for them for us to be fully committed to the theory that Libya was responsible. I helped the counter-terrorism bureau draft documents that described why we thought Libya was responsible, but these were not based on seeing a lot of evidence, but rather on representations from the CIA and FBI and the Department of Justice about what the case would prove and did prove."

"It was largely based on this inside guy [Libyan defector Abdul Majid Giaka]. It wasn't until the trial that I learned this guy was a nut-job and that the CIA had absolutely no confidence in him and that they knew he was a liar."

The Magic Luggage

According to the Lockerbie verdict, the bomb was hidden in a Toshiba radio, wrapped in clothes and located in luggage that was mysteriously boarded in Malta.

The court has examined this allegation in depth and the matter occupies 24 paragraphs of the final verdict (§ 16 to § 34). After reviewing all the evidence and testimonies, the three judges came to the following conclusions:

"Luqa airport had a relatively elaborate security system. All items of baggage checked in were entered into the airport computer as well as being noted on the passenger's ticket. After the baggage had passed the sniffer check, it was placed on a trolley in the baggage area to wait until the flight was ready for loading.

"When the flight was ready, the baggage was taken out and loaded, and the head loader was required to count the items placed on board. The ramp dispatcher, the airport official on the tarmac responsible for the departure of the flight, was in touch by radiotelephone with the load control office. The load control had access to the computer and, after the flight was closed, would notify the ramp dispatcher of the number of items checked in. The ramp dispatcher would also be told by the head loader how many items had been loaded; and if there were a discrepancy, the ramp dispatcher would take steps to resolve it.

"In addition to the baggage reconciliation procedure, there was a triple count of the number of passengers boarding a departing flight, that is there was a count of the boarding cards, a count by immigration officers of the number of immigration cards handed in, and a head count by the crew.

"The records relating to KM180 on 21 December 1988 show no discrepancy in respect of baggage. The flight log (production 930) shows that 55 items of baggage were loaded, corresponding to 55 on the load plan.

"On the face of them, these arrangements seem to make it extremely difficult for an unaccompanied and unidentified bag to be shipped on a flight out of Luqa.

"If therefore the unaccompanied bag was launched from Luqa, the method by which that was done is not established, and the Crown accepted that they could not point to any specific route by which the primary suitcase could have been loaded.

"The absence of any explanation of the method by which the primary suitcase might have been placed on board KM180 is a major difficulty for the Crown case."

An internal 1989 FBI memo indicates that there is no indication that unaccompanied luggage was transferred from Air Malta to Pan Am. Law authorities from Malta and Germany came to the same conclusion.

And yet, without any explanation, the judges wrote in the conclusion of the verdict that: "the absence of an explanation as to how the suitcase was taken into the system at Luqa is a major difficulty for the Crown case, but after taking full account of that difficulty, we remain of the view that the primary suitcase began its journey at Luqa." (§ 82)

The Maltese Storekeeper

According to the verdict, Megrahi bought the clothes in which the bomb was wrapped in Sliema, a small town of Malta in the Mediterranean Sea, including the "cloth" in which the fragment was "discovered" by Hayes. At first sight, the "cloth" appears to be part of a Slalom shirt sold in a little shop -- Mary's House -- located on the island.

However, upon closer examination, the "cloth" raises a series of issues. Firstly, the color of the label is incorrect. A blue Slalom shirt label should have blue writing, not brown.

Secondly, the breast pocket size corresponds to a child shirt, not the 16-and-a-half-sized shirt allegedly bought by Megrahi, for the pocket would have been 2 centimeters wider.

Thirdly, German records show the shirt had most of the breast pocket intact, while the evidence shown at Zeist had a deep triangular tear extending inside the pocket.

Lastly, the storekeeper initially told the investigators he never sold such shirts to whoever visited him a few weeks before the Lockerbie tragedy.

Storekeeper Tony Gauci's testimony was pivotal in the case against Megrahi. Gauci gave a series of 19 statements to the police that are fully inconsistent. Yet, the judges found him trustworthy. Allow me to disagree.

On Jan 30, 1990, Gauci stated, "That time when the man came, I am sure I did not sell him a shirt." Then, on Sept 10, 1990, he told the investigators, "I now remember that the man who bought the clothing also bought a Slalom shirt." And to make things worse, two of his testimonies have disappeared.

When Were the Clothes Bought?

According to the verdict, Megrahi bought the clothes on Dec 7, 1989. Gauci remembered that his brother had gone home earlier to watch an evening football game (Rome vs Dresden), that the man came just before closing time (7 pm), that it was raining (the man bought an umbrella) and that the Christmas lights were on.

The game allows for only two dates: Nov 23 or Dec 7. The issue is critical for there is no indication that Megrahi was in Malta on Nov 23, but he is known to have been on the island on Dec 7.

The chief meteorologist of Malta airport testified that it was raining on Nov 23 but not on Dec 7. Yet the judges determined the date as Dec 7. This rather absurd conclusion from the judges raises two other issues.

The Dec 7 Rome-Dresden game was played at 1 pm, not in the evening. What is more, Gauci had previously testified that the Christmas lights were not up, meaning that the date had to be Nov 7.

On Sept 19, 1989, Gauci stated, "The [Christmas] decorations were not up when the man bought the clothing." Then, at the Lockerbie trial, Gauci told the judges that the Christmas lights were on. "Yes, they were … up."

Who Was the Mysterious Buyer?

"We are nevertheless satisfied that his identification, so far as it went, of the first accused as the purchaser was reliable and should be treated as a highly important element in this case," wrote the judges.

In fact, Gauci never identified Megrahi. He merely stated that Megrahi resembles the man to whom he had sold the clothes, but only if he were much older and two inches taller. Gauci, however, had identified another man: Abu Talb.

Talb was a member of the Popular Front for the Liberation of Palestine-General Command (PFLP-GC), the terrorist group led by Jibril.

In late October 1988 the senior bomb maker of the PFLP-GC, Marwan Khreesat, was arrested in Frankfurt in the company of Hafez Dalkamoni, the leader of the organization's German cell.

Dalkamoni had met Talb in Cyprus and Malta the week before. In the car the two men used, police found a bomb hidden in a Toshiba radio. Khreesat told the police that he had manufactured five similar improvised explosive devices (IEDs).

Each device Khreesat had built was triggered by a pressure gauge that activated a timer -- range 0 to 45 minutes -- when the plane reached a cruising altitude of 11,000 meters. The timers of all recovered bombs were set on 30 minutes. It takes about 7 minutes for a 747 to reach cruising altitude. Pan Am 103 exploded 38 minutes after take-off from London.

German police eventually recovered four of the IEDs Khreesat had built. No one seems to know what happened to the fifth one, which was never recovered. When police raided Talb's apartment in Sweden, they found his appointment notebook. Talb had circled one date: Dec 21.

Contrary to Jibril's statement, and surely he must know better, a bomb triggered by a pressure gauge set at 11,000 meters would not have detonated during the Frankfurt to London flight as the airliner does not reach cruising altitude on such a short flight.

Then again, such a device would not have detonated at all if it had been located in the luggage area, as the hold is at the pressure of the passengers' zone and never drops below the pressure equivalent of 2,400 meters.

This is why when the judges were presented with the undisputable and undisputed evidence that a proper simulation of the explosion -- taking proper account of the Mach stem effect -- would locate the explosion outside the luggage hold they simply decided to dismiss the existence of a scientifically well-established fact.

"We do not consider it necessary to go into any detail about Mach stem formation," the judges wrote.

Had the judges deemed it "necessary to go into the details regarding Mach stem formation," they would have been forced to acknowledge that the position of the bomb was fully incompatible with the indictment. That magic unaccompanied luggage went mysteriously through airport security was "plausible." That it jumped on its own out of the luggage hold at London airport was a little too much to believe.

In truth, a proper simulation of the explosion locates the bomb just a few inches away from the skin of the plane, a position fully consistent with the very specific damages left by the explosion.

The truth was inconvenient. The three judges had to dismiss it in order to justify a verdict that had been decided more than a decade before the first day of the Zeist trial.

Shame on those who committed this horrific act of terror. Shame on those who have ordered the cover-up. Shame on those who provided false testimony and those who suppressed and fabricated the evidence needed to frame Libya. And shame on the media, whose silence made it an accomplice.

And to those who seek the truth, I advise them to follow the drug trail on the road to Damascus.

Ludwig De Braeckeleer has a PhD in nuclear sciences. He teaches physics and international humanitarian law. He blogs on The GaiaPost.

The following is a comment about this article posted on the Ohmynews website by Dr Hans Koechler:

Hans Koechler, 2007/09/07 00:40
This is a well researched analysis which precisely reveals the serious mistakes and omissions by the official Scottish investigators as well as the carelessness and lack of professionalism of the judges in the Lockerbie case. The Scottish judicial authorities are under the obligation to investigate possible criminal misconduct in the investigation and prosecution of the Lockerbie case.

Dr Hans Koechler
University Professor
International observer, appointed by the United Nations, at the Lockerbie Trial in the Netherlands

Thursday 22 June 2017

Inconsistencies and contradictions of Lockerbie

[This is part of the heading over a lengthy item posted on this date in 2009 on the Ed's Blog City website. Reproduced below is the bulk of the text of the post.]

Since the release of the Dutch TV documentary, Lockerbie: Revisted, a number of curious unexplained inconsistencies in the accounts given by many of those who led the investigation have remained unchallenged. Officially anyway. The documentary maker Gideon Levy asked a number of important questions, crucial to the investigation and pivotal to the whole case, which were quite clearly not satisfactorily answered. Even more astounding, given the position and power of those in the investigation, some of the answers given by those entrusted to find those guilty of the bombing in 1988 directly conflicted with one another.

Mr Levy's first unexplained question relates to the PFLP-GC cell which was exposed by the German BKA and who's members were arrested in Neuss, Germany in October 1988, two months before the Pan Am bombing. They had been discovered with an array of weapons including a radio cassette manipulated into a bomb designed specifically for targeting aircraft. The key member of this group Marwan Khreesat, seemingly known to be the bomb maker, and part of a group planning on attacking American targets, was inexplicably released without charge and was thought to have left Germany for Jordan. After the bombing over Lockerbie, and it was determined that the bomb had been concealed in a radio cassette player, naturally suspicion focussed on the cell that had been exposed in Germany.

Lord Fraser, the former Lord Advocate entrusted in leading the investigation into the bombing, claims that the Scottish authorities were never given the opportunity to question Khreesat at any point with regard to any connection or knowledge about the Lockerbie bombing. Mr Khresat's involvement with the PFLP group and yet subsequent release can only be explained by deducing he was involved with very powerful individuals with the capability of securing such a release, and we can only conclude that the chance to question him was denied due to Khreesat's complex and unclear association with various intelligence and government agencies.

Richard Marquise, head of the FBI investigative team, states that he does not know why Khreesat was released by the Germans, and it is a matter Mr Levy should take up with the German government to clarify. Mr Marquise considers an explanation may be that Khreesat was working for the Palestinian group, as a bomb maker targeting US trains, bases and aircraft, but was also involved with the Jordanian intelligence services who enabled his release from Germany. Lord Fraser however, suggests that the only plausible explanation was that Khreesat was working for the Palestinian group while also involved with US intelligence therefore facilitating his release from Germany and proving someone who the Scottish authorities could not gain access to interview.

This in itself seems a disturbing chain of events and assumptions by those investigating the bombing of 103, and even more inexplicable to those who expect honest endeavour when seeking truth and justice from the investigators, especially given the nature of Khreesat's activities in Germany and his apparent history of expertise in bomb making. This cynicism is merely strengthened when Mr Fraser had stated unequivocally that neither he nor the Scottish prosecutors had ever gained access, despite repeated attempts, "they (the PFLP-GC cell) had simply disappeared", to interview Khreesat, while Mr Marquise seems quite indifferent to the fact that the German authorities had simply released a man of extremely dubious background clearly engaged in activities to cause serious harm to American citizens and institutions.

Mr Marquise does however state that to his knowledge Scottish prosecutors did in fact interview Khreesat, as did the FBI in 1989, clearly contradicting Lord Fraser's position, and that Scottish investigators were happy to accept Khreesat's word during an interview that he knew nothing of the Lockerbie bombing. That a key figure such as Khreesat, the man that according to Mr Marquise was "building the bombs", with the motive, method and capability of attacking US targets, and whether investigators had interviewed him or not, is not conclusively known to either of the two people leading the investigation, is simply incomprehensible.

Mr Levy then enquires about the possibilty of financial payments made to witnesses before, during or subsequent to the trial at Zeist in Holland where Al-Megrahi was found guilty. Inducement had been made to the public by the US authorities to "Give up these terrorists, and we'll give you upto $4 million" by the way of posters with photographs of the two Libyans, and presumably, naturally, by those investigating while interviewing suspects or witnesses. Even if not explicitly offered to those potential witnesses by investigators, the witnesses would be well aware of the financial reward that was available for the successful conviction of the two Libyan's.

Both Lord Fraser and Mr Marquise deny any financial reward, as promised in the posters and adverts issued, was made before or during the trial. However, while Lord Fraser is unaware of any payment subsequent to the trial, Mr Marquise will not comment. The only implication that can be made from this is that the reward offered before the trial and during the investigation was indeed paid to some witnesses after the trial. Any financial reward or inducement to those providing statements would surely render any testimony or information as lacking credibility and does not enhance the supposed search for 'truth' when life changing amounts of money are used as enticement.

So concerned with the implication of rewards to witnesses that Lord Fraser is reluctant to even comment on the suggestion that money was paid to witnesses after the trial without his knowledge.

The focus of the documentary then turns to the most pivotal and crucial piece of evidence found during the investigation and presented at the trial in Zeist. The fragment of microchip discovered 6 months (although the exact period has been disputed) after the disaster, and determined to be the most significant piece of evidence linking the bomb to a Swiss timer manufacturer who had links to Megrahi and Libya.

This particular piece of evidence, the microchip fragment, already somewhat controversial given the unexplained altering of the labels on evidence bags containing the 'charred' fragments, was examined and concluded had originated with the Swiss company called 'Mebo'. They had supplied these timers, it was claimed, to Libya, and Megrahi with his connections and dealings with Mebo, had used this timer in constructing the bomb which he then placed on a flight in Malta, later finding it's way onto the Pan Am flight from Heathrow.

Now it seems, neither Lord Fraser or Mr Marquise can conclusively explain who exactly made this identification of the timer fragment, and where this identification was made. In the UK or in Washington? By Mr Thurman or Mr Feraday? The fragment itself, or as part of the larger circuit board from where the fragment came? By photograph or the actual fragment?

Mr Marquise is certain that this evidence was transported from the UK to the US, and taken to the FBI labs in Washington, by a member of RARDE, thought to be Alan Feraday were the identification was made. The photograph of the tiny piece of fragment of the microchip (evidence PT35b) on a persons finger is claimed to be that of Thomas Thurman of the FBI, who was also the scientist who uncovered the microchips origin and connection to the circuit board made by Mebo. He claims in Mr Levy's film that the microchip was "brought over by UK authorities" to the United States were identification was made, and was conclusively re-identified in the UK by RARDE (Royal Armament Research and Development Establishment).

However, once again there are contradictions in the accounts given. Lord Fraser is adamant that no evidence recovered from the Pan Am debris has ever left his authority or the UK mainland. This would have compromised the whole investigation and could have resulted in accusations of manipulation and, or, contamination of any evidence purity. Detective Chief Supt Mr Stuart Henderson, head of the UK police investigation, also states that the evidence relating to Pan Am 103, any evidence, but specifically the fragment of microchip, never left the UK mainland, but in actual fact the US investigators and the FBI had travelled to the UK to identify the fragment at RARDE with Mr Feraday.

When the public are asked to trust the integrity of those we commend with providing the truth and justice our democratic society demands, expectations can be, on occasion, somewhat unrealistic. Especially when dealing with highly complex issues of international politics, international crimes of nation states and multi-national business corporations. The public however, do expect a genuine and honest search for these truths, and those we charge with this responsibility to fulfil those simplest and most honourable tasks to have carried out their duty, with conscience and integrity.

Those who died over Lockerbie, and the families of the victims deserve at least this. With the pain of a lost loved one however, the relatives of those who died have also had to endure the persistent inaccuracies, the constant contradictions, and the inexplicable decisions taken with respect to those who carried out the atrocity and how their government failed in their loved ones protection. Not by those who wish to seek conspiracies were there are none, and not by those who have ulterior motives for continuing to ask questions. But by the very investigators, police, professionals, experts, lawyers and those in power entrusted with upholding their faith in human kind and seeking justice in the supposed democratic nation we live in today. For those fundamental expectations and hopes are diminished with every conflicting statement, every unexplained area of the investigation, and every inscrutable and unaccountable decision taken by those with power in relation to finding the true perpetrators who organised and carried out the crime over Lockerbie in 1988.