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Thursday 12 November 2015

Fresh twists in the Lockerbie case

[This is the headline over a long article by John Ashton on the Consortium News website. It reads in part:]

On Oct 15, Scotland’s prosecuting authority, the Crown Office, announced that two Libyan men are being treated as suspects in the 28-year-old Pan Am 103 bombing case. They were widely reported to be Abu Agila Masud, an alleged bomb-maker, and Abdullah Senussi, Muammar Gaddafi’s former security chief. Both were associates of the only person convicted of the bombing, Abelbaset al-Megrahi, who died in 2012.

The development came almost 15 years after Megrahi’s trial, but only two days after the broadcast by PBS Frontline of a three-part documentary My Brother’s Bomber. Trailed by a long article in the New Yorker, the film was made by Ken Dornstein, a former Frontline staffer whose older brother David was one of 270 who died when Pan Am 103 was destroyed over the Scottish town of Lockerbie on Dec 21, 1988.

The documentary reveals that Masud was named by a German judge as the technical expert responsible for the 1986 bombing of the La Belle nightclub in Berlin. That attack, which killed three, including two US servicemen, and injured many more, led to the US air strikes on Libya, for which Libya allegedly took revenge with the bombing of Pan Am 103.

Megrahi flew with Masud from Malta to Libya on the morning of the Lockerbie bombing having, according to the prosecution, placed a suitcase containing a bomb on an Air Malta flight to Frankfurt. The unaccompanied suitcase was allegedly transferred to a feeder flight to London Heathrow and again at Heathrow on to Pan Am 103.

Megrahi denied knowing Masud, yet the two men were on other flights in the run-up to Lockerbie and, according to the film, Masud was in the car that met him on his return to Libya in 2009, following his release from prison in Scotland. (...)

There is no doubt that Libya supported terrorist groups and that at least one Libyan, Musbah Eter, who was an official at the Libyan People’s Bureau in East Berlin, was involved in the La Belle bombing. Eter was convicted for his role following a confession in which he implicated his co-accused, Palestinian Yassar Chraidi, Lebanese-born German Ali Chanaa (both of whom worked at the People’s Bureau) and Chaana’s wife Verana.

He implicated a number of others, including Masud, whom he described as a bomb technician. Masud was never apprehended for the bombing and when German prosecutor Dethlev Mehlis went to Libya to interview witnesses all denied his existence — as did the Libyan witnesses in the Lockerbie case.

Less Straightforward
There is also no doubt that the La Belle case is far less straightforward than portrayed in the film. At the time of the bombing, the Reagan administration was involved in a large, secret and dirty war against Libya. From the time Reagan took office in 1981 his government exaggerated the country’s role in terrorism, which it claimed — falsely — was central to a Soviet-directed global conspiracy against the West.

At the same time, the Reagan administration downplayed the role of equally active terrorist states Syria and Iran. There were two reasons for this: firstly, those countries held far greater strategic power in the Middle East than Libya; and secondly, their militant proxies held US hostages in Lebanon. The hostages’ safe return was an obsession that led the administration into the Iran-Contra scandal.

Under the direction of CIA’s rabidly neocon director, William Casey, the Agency launched a massive covert campaign against Libya, aimed at toppling Gaddafi. It was run from the National Security Council by the same people who ran the Iran-Contra operation, including Oliver North.

Disinformation was central to the campaign. In 1981, the CIA put out a false story that Gaddafi has sent a hit squad to the US to assassinate Reagan. The White House played along using an unmarked car to drive Reagan while decoy limousines were used to dupe the non-existent gunmen.

By the mid-1980s, the White House hardliners were hungry for an excuse to attack Libya and NSC staff drew up plans to provoke Libya in to a response that would provide the excuse they needed. Naval exercises were conducted off the Libyan coast in which Libyan vessels were hit and territorial water repeatedly violated.

Gaddafi appeared not to take the bait. Then, on April 5, 1986, came the La Belle bombing. The White House soon announced that it had irrefutable evidence of Libya’s involvement. Nine days later came the air strikes against Libya, which came within a whisker of killing Gaddafi.

The “irrefutable evidence” was intercepts of incriminatory messages sent between the Libyan government and the East Berlin People’s Bureau. Libyan intelligence traffic was normally processed and evaluated by a group known as G-6 at the National Security Agency, before being forwarded elsewhere.

An investigation by Seymour Hersh for The New York Times established that the La Belle intercepts were never sent to G-6. An NSA official told him “The G-6 section branch and division chiefs didn’t know why it was taken from them. They were bureaucratically cut out and so they screamed and yelled.”

Another explained, “There is no doubt that if you send raw data to the White House, that constitutes misuse because there’s nobody there who’s capable of interpreting it. . . . You screw it up every time when you do it –– and especially when the raw traffic is translated into English from a language such as Arabic, that’s not commonly known.”

The eventual prosecution of Eter and his three co-accused was reliant upon Eter’s confession and corroborating material from the files of the former East German security service, the Stasi. (Chaana also confessed but his evidence was not considered as important and Eter’s.) The Stasi had a number of informants within Berlin’s Arab communities, including Chaana, and kept a close watch on the East Berlin Libyan People’s Bureau.

Double-Dealing
During the 1980s, Berlin was a pit of Cold War double-dealing. The Stasi files indicate that among the Arab communities survival and personal advancement often trumped loyalty to any particular cause. The information relayed to the Stasi by its Arab informants might be cast iron, but against this background it’s also possible that they were recycling each other’s inventions.

The East Berlin Libyan People’s Bureau, in particular, hosted numerous personal rivalries and little mutual trust. Eter was one of the more interesting vipers in the nest. According to the Stasi and a 1998 investigation by the German TV channel ZDF, he was a CIA asset. ZDF discovered that, at the time he made his confession in 1996, he was running a CIA front company in Malta.

The year before La Belle he was named as a suspect in the assassination in West Germany of a Libyan dissident called Jibril el-Dinali. (Der Spiegel reported at the time that dissidents believed that the German federal police, the BKA, had supplied their secret addresses to Libyan officials in return for intelligence about the German terrorist group the Red Army Faction, which had received Libyan support.)

Eter is Ken Dornstein’s key witness and will be central to any prosecution of Masud and Senussi. According to the film, since Dornstein made contact, he has told the FBI that Masud and Megrahi were pivotal to the Lockerbie plot. He claims that Masud told him personally that he was responsible for both the Lockerbie and La Belle bombings.

Unfortunately for anyone tasked with prosecuting at a trial of the new suspects, the CIA connection and his murderous past leave Eter with a credibility problem. So too does the fact that he waited 19 years after confessing to talk about Lockerbie.

Other Stasi informants involved in the case had a relationship with the CIA, as did some of those originally implicated in the bombing. One was a close associate of Chraidi’s, Mahmoud Abu Jaber, who with his brother Mohamed ran a freelance Palestinian terrorist cell that was mistrusted by other Palestinians.

The Stasi learned that the CIA knew that Mahmoud Abu Jaber and another cell member, Khaled Shatta, were involved in the bombing. They mixed regularly with the Chraidi and the other defendants and hours before the attack they travelled to West Berlin. They were watched by the Stasi and KGB, both of which concluded that they were working for Western intelligence.

One declassified KGB document suggested that Mahmoud Abu Jaber was a CIA agent provocateur, who was used to create a case against Libya. Group member Mahmoud Amayiri, who was both Shatta’s brother and Mahmoud Abu Jaber’s right-hand man, confirmed to ZDF through his Norwegian lawyer that he had been working for Mossad. He had fled Germany for Norway in 1990, following the issuing of an arrest warrant, which was later dropped.

The idea that some of the La Belle plotters were western agents provocateur is not far-fetched. A 1997 investigation by British Channel 4 TV’s Dispatches series revealed that the CIA-funded anti-Gaddafi terrorist group Al-Burkan was involved in the 1984 murder of police officer Yvonne Fletcher, who was killed when staff at the London Libya People’s Bureau opened fire on a crowd of anti-Gaddafi demonstrators.

A member of a Berlin criminal gang connected to Al-Burkan described transporting the murder weapon to London and handing it over to an Al-Burkan member. The program uncovered evidence that the fatal shot was fired from a building adjacent to the People’s Bureau used by the UK intelligence services. It also claimed that Al Burkan had moles within the People’s Bureau.

Reluctant Cooperation
The US government was reluctant to share its intelligence about La Belle with the Germans and it was not until 1996 that it did. It appeared to be convincing and included transcripts of intercepted messages, allegedly between Tripoli and the East Berlin Libyan People’s Bureau. Among other things, these suggested that senior Libyan intelligence official Said Rashid, a friend and relative of Megrahi’s, coordinated the attack.

The US government may well have believed the intercepts to be genuine, but, according to former Mossad agent Victor Ostrovsky, they were an elaborate hoax. In his 1994 memoir, The Other Side of Deception, he claimed that the messages were in fact part of a Mossad disinformation operation codenamed Trojan.

Ostrovsky said that a few weeks before the bombing Israeli commandos secretly installed special communications equipment in an apartment near Colonel Gaddafi’s headquarters, which was subsequently used to broadcast phony terrorist orders. Neither German prosecutor Mehlis, nor the FBI, contacted Ostrovsky about his claims.

While none of this rules out Libyan sponsorship of La Belle, it does flash a warning that we should treat the official account with caution.

An even thicker fog surrounds Lockerbie. The CIA’s campaign against Libya did not end with the 1986 raids, indeed a few months after them President Reagan signed a secret National Security Decision Directive, which, according to a leak to Watergate journalist Bob Woodward, ordered “covert, diplomatic and economic steps designed to . . . bring about a change of leadership in Libya.”

In view of what we now know about Lockerbie, it’s not outlandish to suggest that those covert steps may have included manipulating the investigation behind the backs of the police and prosecutors.

Declassified US intelligence documents state as fact that the bombing was not Gaddafi’s revenge for the 1986 raids, but was rather Iran’s for the US Navy’s accidental shoot-down of Iran Air flight 655 over the Arabian Gulf, which killed 290 people six months before Lockerbie.

According to the documents, the Iranians contracted out the job to the Syrian-based Popular Front for the Liberation of Palestine — General Command, which had a track record of blowing up aircraft. One document, from 1991, stated, without naming the PFLP-GC, that the Iranian interior minister Ali Akbar Mohtashemi paid the bombers $10 million.

Former CIA agent Robert Baer has provided some of the details of the Iranian/PFLP-GC plot and another, Richard Fuisz, revealed in a court deposition that he was told by numerous senior Syrian officials closely connected to the PFLP-GC that the group carried out the attack.

Two months before Lockerbie members of the group were arrested in Germany, including bomb-maker Marwan Kreesat, who had made the bombs used in previous attacks. He admitted building bombs into Toshiba BomBeat radio cassette players — the same brand that housed the Lockerbie bomb —and said the group was planning to strike a western airliner. Other members of the group and at least one of his bombs evaded detection.

A Strange Warning
Less than three weeks before the bombing, the State Department’s Office of Diplomatic Security (ODS) warned that unnamed radical Palestinians in Europe were planning to target Pan Am. The warning came three days before the better known and entirely separate warning received by the U.S. embassy in Helsinki that an attack on Pan Am was imminent.

Whereas the Helsinki warning was written off as a hoax, the ODS warning, which was not revealed until seven years after the bombing, has never been adequately explained.

The key evidence that led the investigators away from Iran and PFLP-GC towards Libya was a small piece of circuit board known as PT/35(b), found within a blast-damaged piece of a Maltese-made shirt. The prosecution case at Megrahi’s trial was that it matched boards made to order for Swiss company Mebo by its supplier Thüring.

Crucially Mebo used the boards in timers called MST-13s, which it had designed and built 20 for the Libyan intelligence service. Megrahi was a partner in a Libyan company that rented part of Mebo’s Zurich offices.

Well before Lockerbie, the CIA had an MST-13 timer that had been seized in Togo in 1986 and photos of the one seized in Senegal in 1988. Prosecution statements by a CIA technical expert, disclosed six years after Megrahi’s conviction, revealed that the Agency was also aware before Lockerbie that the timers had been made by Mebo and supplied to Libya.

The Agency had a backchannel to Mebo boss Edwin Bollier via the Swiss police, so it’s likely that it knew of Megrahi’s connection to Mebo via his company ABH. (The Stasi, who had a relationship with Bollier from at least the early 1970s, were convinced by the late 1980s that he was a direct CIA asset.)

The story of the PT/35(b) fragment is ridden with evidential anomalies. Megrahi’s trial team highlighted a number of discrepancies concerning the fragment, including the fact that the handwritten description on the police label attached to the piece of shirt had been surreptitiously changed from “Cloth” to “Debris.”

There were numerous other discrepancies not raised at trial. These included German documents that reported that the Scottish police had told the German federal police that PT/35(b) had been found in January 1990, seven months after it was officially found.

In his memoir Scotbom: Evidence and the Lockerbie Investigation, the head of the FBI’s Lockerbie investigation, Richard Marquise, revealed that he and his Scottish counterpart, Stuart Henderson, speculated that the fragment was a CIA plant. They dismissed the suggestion on the grounds that “Neither of us believed the CIA or any government official would do such a thing.”

However, Marquise also revealed that their Swiss police counterpart suspected it was a plant. This is especially interesting in view of a claim made in an affidavit by Mebo technician Ulrich Lumpert, who designed the boards and produced prototypes, that a year before the Lockerbie investigators had linked PT/35(b) to Mebo the Swiss police visited him and took with them a prototype board.

Shortly before Megrahi’s trial, the Scottish prosecutors received information from witnesses in the US suggesting that an electronics company in Florida had made replica MST-13s for the CIA, but the lead was not properly investigated.

A Miscarriage of Justice
Documents unearthed by Scottish Criminal Cases Review Commission (SCCRC) — the statutory body that investigates alleged miscarriages of justice in Scotland — highlighted more anomalies. They included a police memo stating that PT/35(b) had been tested for explosive residues and found to be negative, which contradicted the court testimony of the Crown’s forensic experts, who said that no such tests had been done.

As Frontline’s documentary, My Brother’s Bomber, points out, the SCCRC investigated Bollier’s claim that the fragment was fabricated and found it to be baseless. However, the film fails to mention that both the SCCRC and Bollier missed the most important discrepancy concerning PT/35(b), which only emerged during preparations for Megrahi’s second appeal in 2009.

Metallurgical analysis showed that the fragment’s copper circuitry was plated with pure tin, whereas the boards made by Thüring, which were used in the timers supplied to Libya, were plated with a tin-lead alloy. Crown scientists had speculated that the explosion had changed the plating, but tests commissioned for the appeal disproved the theory. The work demonstrated beyond doubt that the Lockerbie fragment was not, as the court had accepted, a match for the Libyan MST-13s.

Other important forensic items had a dubious provenance. Among them was a collection of small charred circuit board fragments that apparently originated from a Toshiba BomBeat RT-SF16 radio cassette player.

A large proportion of the global production total of the model had been bought by the Libyan General Electrical Company, which was run by Said Rashid. The fragments appeared to be compelling evidence of Libyan involvement in the bombing, but, like PT/35(b), their origin is questionable. They were discovered by an air accident investigator within a folded piece of aluminum from the luggage container that housed the bomb suitcase.

Giving evidence at Megrahi’s trial, the investigator could not suggest how the blast could have caused the fragments to become trapped within the aluminum. He was sure that the fold had not occurred at the time of the explosion, which suggested that someone had placed the fragments within the aluminum after the blast.

Also of great importance to the prosecution case was a fragment of brown checked trousers containing a sewn-in label of a Maltese manufacturer called Yorkie. The item led the police to a shop in Malta called Mary’s House, where the proprietor, Tony Gauci, recalled selling a bundle of clothes — including brown checked trousers and other items found among the Lockerbie debris — to an oddly behaved Libyan a few weeks before the bombing.

Two years later, Gauci picked out Megrahi from a photo line-up, although he was considerably younger, smaller and lighter skinned than the man described by Gauci.

When the trouser fragment was first examined, the Yorkie label was seen by neither the forensic examiner nor the police officer present despite being easily visible. When questioned about it by the Scottish Criminal Cases Review Commission, both said they could not have missed it, which suggested that the label appeared after the examination.

The CIA not only knew before Lockerbie that Mebo had supplied MST-13 timers to Libya, they also knew that Megrahi regularly travelled to Malta, that he was related to Said Rashid and others high up within Libyan intelligence and security, and that Rashid was the head of the Libyan General Electrical Company. Much of this knowledge it attempted to conceal.

No Dissident
According to the former deputy chief of the US State Department’s counterterrorism division, the Diplomatic Security Service, Fred Burton, a CIA official told him before New Year in 1988 that the bomb was in a Maltese-originating brown Samsonite.

Burton is no Lockerbie dissident — he believes Megrahi and Libya were guilty — but, if true, his indiscretions throw a big wrench into the prosecution narrative, which held that the evidence to support the claim was uncovered by the police well in to 1989.

A number of rescue volunteers have described to me arriving in Lockerbie within two hours of the bombing to find a group of American agents already present. According to the official narrative, this never happened and the first US government staff only arrived three hours later.

Police officers reported concerns that Americans had unsupervised access to the crash site and a British helicopter crew member told me that the day after the bombing his crew ferried CIA agents around the site.

Some potentially significant forensic items found at the crash site disappeared, among them an AA battery with a piece of wire soldered to one of its terminals. German police photographs of the PFLP-GC’s Toshiba bomb showed that it incorporated AA batteries with wires soldered to their terminals.

Anyone raising these evidential anomalies gets branded a conspiracy theorist by the supporters of the official narrative, yet that narrative and the one newly minted by My Brother’s Bomber are themselves elaborate conspiracy theories.

When the theories and counter-theories are cast aside in favor of hard facts, the official narrative is no longer tenable. Not only did PT/35(b) not originate from one of the timers supplied to Libya, but Megrahi was clearly not the man who bought the clothes for the bomb suitcase and that purchase took place when he was not in Malta. New analysis of the baggage evidence demonstrates that the bomb suitcase originated from London Heathrow, rather than Malta.

Perhaps the hardest fact of all for the defenders of Megrahi’s conviction — which has barely been reported in all the coverage generated by My Brother’s Bomber — is that in 2007 the conviction was referred back to the appeal court by the Scottish Criminal Cases Review Commission on no fewer than six grounds.

One of these was that the trial court judgment, delivered by three of Scotland’s most senior judges, was unreasonable. Four of the other grounds concerned non-disclosure by the prosecution of important evidence.

The terminally ill Megrahi abandoned the appeal in the belief that it would aid his application for compassionate release from prison. Sadly, the commission this month rejected an application by family members and relatives of some of the British victims of Pan Am 103 for a further review of the conviction.

It may be that the only way to re-test the evidence against Megrahi will be a trial of the two newly announced suspects. If that happens, don’t hold your breath for a guilty verdict.

Tuesday 10 November 2015

A response to the Dornstein documentary

[What follows is a commentary by Dr Kevin Bannon on Ken Dornstein’s documentary as broadcast on BBC Channel 4:]


I am loath to disparage an investigation by anyone who lost immediate family in such an atrocity as the bombing of Pan Am103. However, notwithstanding his otherwise pertinent observations, I think that John Ashton (in his recent blog) has been remarkably genteel in his response to Ken Dorntein’s pseudo-investigative documentary Lockerbie: My Brother’s Bomber. Dornstein’s faith in the conviction of al-Megrahi appears unshakeable as does his implicit belief that the co-accused, Fhimah was freed on a technicality.


To summarise his film, its recurring focus is the video of al-Megrahi’s return to Tripoli airport, over which Dornstein seethes, while he identifies several more potential Lockerbie suspects among the welcoming party. One of these is Abu Agela whose name also turns up in files found in Tripoli and in former East Berlin archives. Agela is also listed travelling twice on the same plane flights as al-Megrahi. These circumstances are backed by hearsay which identifies Agela as an explosives expert and then link him to the 1986 bombing of Berlin’s La Belle nightclub. To this, I can only add that Ken Dornstein is entitled to his suspicions.


I found more interesting what Musbah Eter had to say, because since his conviction 14 years ago for the La Belle bombing, there had been no apparent comment from him or his 3 accomplices about their convictions. Ken Dornstein gives him ample camera time to explain himself and Eter is shown looking around his old office - not at camera, and not exactly confessing, but thinking aloud, apparently regretting but simultaneously justifying his past:


“...here we conducted state terrorism, surveillance of enemies...and from here we launched the bombing of the Berlin nightclub, from the second floor...carrying with it the destruction and murder of the innocent...  What we did was wrong and I admit it. If I could go back in time I wouldn’t have done it. But the pressure from the state...and the direct orders from the security services...were [sic] the reason why so many Libyan youths were caught up in it.”


Years previously Eter had both admitted and denied having a role in the La Belle bombing as well as implicating his co-accused in court - then denying that too. His cynical mea culpa in the film does little justice to a premeditated act of violence which killed three and maimed and injured many more. Eter offers no explanation or proof of his role and in Ken Dornstein’s film he is not questioned at all on any such details. John Ashton’s recent blog notes Eter’s former CIA associations – it certainly puts the La Belle bomber’s meanders into a kind of perspective.


The film shows the investigating prosecutor in the La Belle case, Detlev Mehlis musing how he had difficulty spelling the name ‘Abugela’ (Abu Agela) “...sorry...I have no idea how to spell Abugela...I would probably spell it like ‘jelly’ or something...” Eter had written down the name for him ‘ABUGELA’ and next to it ‘NEGER’ which Mehlis pronounces “neeger” adding “...but here in German it doesn’t have that negative meaning as in the US.” Mehlis might not find this word negative, but he should know that since the seventies this has been regarded as a derogatory word among most educated Germans.


The Le Belle club specialised in soul music and had been particularly popular with Afro-American servicemen, two of whom were killed along with a Turkish woman - improbable targets by Libya seeking revenge on Washington. A bomb had exploded a week earlier outside Berlin’s German-Arab Friendship offices, (the DAFG), injuring several Arabs. Three Middle Eastern men who had been arrested as the initial suspects in the La Belle bombing were subsequently blamed for this attack; it was said that the motive had been antipathy towards the PLO which they apparently believed the DAFG had represented. However Ahmed Hasi (or Hazi) who placed the DAFG bomb, had no history a political zealot but rather a police record for abusing his wife and drug dealing.


In September 1980, Germany’s deadliest bombing attack on civilians since World War II killed 13 people at the ‘Oktoberfest’– a popular family festival held annually. The device had exploded prematurely, killing the bomber, Gundolf Köhler - a member of a Wehrsportgruppe Hoffmann - a banned neo-Nazi party. Had this bomb plant gone according to plan, one wonders who might have been blamed for the attack – targeting ordinary families and Bavarian provincial traditions – obviously not the far-right.


Ken Dornstein chooses to include a short news clip from al-Megrahi’s deathbed, an interview in which al-Megrahi, in his intermediate English, says that his name had been ‘exaggerated’ - Al-Megrahi wouldn’t have been familiar the words ‘slandered’ or ‘besmirched’ but in October 2011, his comment went viral in the West’s media, who made the interpretation that al-Megrahi’s role in the bombing plot had been exaggerated – which would have been tantamount to an admission of guilt. Al-Megrahi’s fervent denials of any involvement in the Lockerbie bombing were numerous and un-ambiguous. This ‘exaggerated’ statement was grossly misleading in its original broadcasts but more so in Dornstein’s reiteration of it - especially as in his film, it is presented as al-Megrahi’s final word.


Dornstein is also shown equipping himself with a hidden micro-video camera, having ingratiated himself with Jim Swire in hope of filming al-Megrahi himself – and he toys with the idea of demanding a confession or denial from al-Megrahi. To see Jim Swire - totally oblivious to Dornstein’s ruse - warmly welcomed by al-Megrahi’s son at the front door, before introducing Dornstein (who had to wait in the hall) is galling and acutely dishonest. Jim Swire’s openness and magnanimity is well-known and I would expect he forgave Dornstein – as a fellow-in-grief - but I’m not ashamed to say I wouldn’t have. A conversation afterwards with Jim Swire shows Ken Dornstein nodding ‘sympathetically’ as he listens to Jim Swire’s poignant lament for al-Megrahi - this makes Ken Dornstein look, frankly, two-faced.


An investigation of any kind requires elements such as definition, corroboration, credible testimonials or some kind of logical chain-of-evidence – a testable hypothesis or one that is falsifiable as the late Karl Popper would have described it.


I have no idea who planted the bomb – my emphasis is on who didn’t - a narrower focus and a simpler research problem with a more finite evidence basis.


What follows is all factual:


A - The prime witness


Al-Megrahi was originally linked to the Lockerbie bombing plot based only on the evidence eyewitness Antony Gauci a shopkeeper in Malta. There were at least 10 separate features or conditions pertaining to his evidence about items he had sold to a customer; their total cost; the date of sale; the weather on that day; the appearance and age of the customer etc. Fundamental aspects of each and every one of these evidence items or their conditions changed between the initial statements and the latter ones - changes 100% favourable to the prosecution case. The original evidence thoroughly discounted al-Megrahi as the customer in every aspect.


Within the same general period that Tony Gauci modified his testimony he had ‘expressed an interest in receiving money’ and the police discussed on more than one occasion - not in his presence - the possibility of substantial or immediate cash payments being made to him as an inducement: Example from a police memo: "if a monetary offer was made to Gauci this may well change his view and allow him to consider a witness protection programme...”


After the conviction of al-Megrahi, it became apparent that Tony Gauci received ‘in excess of $2 million’ as a reward for helping with the Lockerbie investigation.


B - The circuit board fragment


A fragment of charred cloth was found near Lockerbie about three weeks after the bombing. The item later yielded a tiny fragment of circuit board which forensic investigators linked to timing devices sold to the Libyan defence forces. To this day it remains unclear what date the crucial piece of circuit board was discovered and who discovered it.


No evidence of explosive residue examination of this item – supposedly the only piece of the explosive device found – was produced at trial or shown to have taken place.


Soon after it was first logged, the label attached to this evidence describing its contents was falsified so that its original description ‘Cloth’ then read ‘Debris’ (falsified – not merely ‘overwritten’).


An existing metallurgy test on this circuit board fragment, establishing that it was constitutionally different from the batch sold to Libya, was not introduced in court. Several years later another more advanced metallurgy test confirmed this – corroborating the elimination of the Libyan link to the explosive device.


False testimony drew al-Megrahi into the Lockerbie bombing indictment and corrupt procedures pertaining to the circuit board fragment nailed his conviction. The only rational explanation for this is that al-Megrahi was fitted-up in a conspiracy by individuals associated with the Lockerbie investigation and/or the subsequent prosecution and trial. It is perhaps no wonder why the Scottish and UK authorities are reticent to have the matter delved into any further.


Entirely un-mentioned in Ken Dornstein’s film is Moussa Koussa, former Libyan foreign minister, principal security adviser to Gaddafi himself, and subject of one of the greatest intelligence coups anywhere since 1945. Koussa, Gaddafi’s right-hand man, had been simultaneously a direct informant to the CIA and to MI6 since at least the 1990’s and almost certainly since the early 80s. In 1980 he had uttered, direct to a reporter of The Times in London, an open threat both to assist the IRA and to liquidate Libyan dissidents abroad – an incrimination of the Libyan regime from which it never recovered. This helps explain, better than anything else, the perception of Libya’s self-destructive international image during the 1980s.


On the 30 March 2011, at a decisive moment in the Libyan uprising, Koussa flew to the UK to be debriefed by MI6 and others – and was then allowed safe-passage to Saudi Arabia – into media silence and luxurious exclusion. This alone establishes that the contradictions surrounding Libya since 1980 are much more likely to lie with Western intelligence services rather than amidst Tripoli’s rubble.


When Ken Dornstein arrived in Tripoli the first time, the city had been shattered – the result of a Bay of Pigs--Contras-type CIA war led by Washington, dressed up, naturally as a popular revolt. This time the CIA had been ‘successful’ because they were backed by NATO air power and had the benefit of digital-age disinformation and news management – not to mention Moussa Koussa’s assistance at the outset. Even the overall casualty figures of this destruction-of-a-nation have been withheld – possibly not even enumerated at all. In either case this is in blatant contravention of universal law – because people, or military personnel, are supposed to know what they are doing and what they have done. The report of the UN Human Rights Council into the Libyan ‘rebellion’ was told by NATO that ‘aircraft flew a total 17,939 armed sorties with a “zero expectation” of death or injury to civilians’. The UN sampled 20 NATO airstrikes and counted 60 civilian deaths attributable to them – and left it at that; ‘Do the math’:  (17,939  ÷ 20)  x  60 = x


At least we know that there were ‘zero’ NATO casualties – “a new highpoint in technological warfare” as one Guardian letter-writer observed. We also know that - however shattered Tripoli was after the CIA and NATO had finished with it – conditions there subsequently worsened.


Lockerbie: My Brother’s Bomber is the second Libya-themed ‘documentary’ in the BBC’s appropriately named Storyville series. Its predecessor earlier this year Mad Dog: Gaddafi’s secret world featured a host of stomach-churning anecdotes - all uncorroborated. These included Gaddafi storing the bodies of his enemies in a fridge so he could gloat over them – in one instance 20 years later; a six year old girl having her lips cut off and bleeding to death for smiling inappropriately in Gaddafi’s presence; that Gaddafi was a rampant racist, and regarded dark-skinned Africans as an inferior people; a boy of about 14 filmed holding an ostensible human heart in his hands and promising to eat it; Gaddafi’s relentless appetite for seducing or raping school children, implicitly of both sexes. The narrative was artfully backed by a soundtrack like a horror film.


By contrast, a snuff-movie featuring the torture to death of Gaddafi himself is perfectly genuine. The Sun newspaper devoted a whole front-page to the image of his paraded corpse with the headline: “That’s for Lockerbie”.


It is profoundly disturbing that even the once ‘independent’ BBC broadcasts propagandist items such as Storyville as historical documentary. These will help authorise and sustain the successive armed interventions in the Middle East led by the United States under the false guises of ‘humanitarian assistance’ and ‘national security’.


Ken Dornstein’s film is not the core of the problem; it is the enormous international media backing the film has received. I suggest Ken Dornstein read Manufacturing Consent (Herman & Chomsky 1988) – just in case he has any delusions about why his narrative has received such extraordinary publicity.

Wednesday 4 November 2015

"The coverage of the film is more notable for what it omits than what it reveals"

[What follows is the text of an article by John Ashton headlined The Lockerbie Case published in today’s edition of the Scottish Review:]

Lockerbie is back in the news. On 15 October the Crown Office announced that the lord advocate and the US attorney general have agreed that two Libyan men should be treated as suspects. They have been named as Abu Agila Masud, an alleged bomb-maker whose identity was until now a mystery, and Abdullah Senussi, Colonel Gaddafi’s former security chief. Both men are currently in prison in Libya.

The announcement was prompted by the recent broadcast by the American PBS channel’s 'Frontline' series of a three-part documentary, My Brother’s Bomber, made by Ken Dornstein, who lost his brother David in the attack. Trailed by a long feature in The New Yorker, it suggests that the Libyan man convicted of the bombing, Abdelbaset al-Megrahi, was guilty and that he acted with Masud.

The film has provided the much-derided Crown case against Megrahi with the only significant boost it has had since he was convicted almost 15 years ago. That case, accepted by the three Scottish law lords who tried him, went as follows. Two weeks before the bombing, on 7 December 1988, he bought a selection of clothes from a shop in Malta called Mary’s House. On 21 December 1988, while travelling on a false passport he placed an unaccompanied brown Samsonite suitcase on board Air Malta flight KM180 from Malta to Frankfurt.

The suitcase contained the clothes and a bomb, and was labelled for New York on PA103. At Frankfurt it transferred to Pan Am feeder flight PA103A to London Heathrow, and at Heathrow to PA103. The bomb was allegedly built in to a Toshiba BomBeat brand RT-SF16 radio cassette player. A large percentage of the global total of this model had been imported by the Libyan General Electrical Company, which was run by Megrahi’s friend and relative Said Rashid, who was a senior figure in Libyan intelligence service, the JSO. More importantly, it was said to have been detonated by a timing device known as an MST-13, which had been designed and built to order for the JSO by a small Swiss company called Mebo, whose Zurich offices were shared by a Libyan company called ABH, in which Megrahi was a partner.

Before I go further, I should declare an interest. I worked for three years as a researcher for Megrahi, helping his lawyers prepare for his appeal against conviction, and following his return to Libya, at his request, I wrote his biography Megrahi: You are my Jury. I was also a paid consultant during the early stages of the film’s production in which capacity I was interviewed on camera (although the interview doesn’t appear in the film) and provided Ken with numerous documents. Although he and I hold very different views about the case, I like and respect him.

He has a profound need for clear answers about who killed his brother. He always believed that Megrahi was guilty and that he had acted on behalf of the Libyan state. He used the opportunity opened by the Libyan revolution to pursue the other alleged state players.

He accepts that the evidence suggesting Megrahi was the clothes purchaser was flawed. Not only was he very much younger, smaller and lighter-skinned than the man described by the shopkeeper, Tony Gauci, but the evidence also suggested that the purchase date was not, as the crown alleged, 7 December 1988, but two weeks earlier, when Megrahi was not in Malta. Ken considers that these weaknesses in the Crown case are relatively insignificant when set again the other evidence that he has unearthed, the most important of which concerns Abu Agila Masud.

We have always known that on the morning of the bombing Masud was on the same flight as Megrahi from Malta to Tripoli and that they had been on other flights together in the previous weeks. Megrahi denied knowing him, as did the Libyans interviewed by Lockerbie investigators prior to Megrahi’s trial. The film reveals that, according to a German court judgment, Masud was the technical mastermind behind the 1986 bombing of La Belle nightclub in Berlin. That attack prompted US air strikes on Libya, which in turn, according to the official Lockerbie narrative, prompted Libya to bomb Pan Am 103. Furthermore, the film suggests, Masud was in the car that greeted Megrahi at the airport on his return to Libya in 2009. Then, earlier this year, a Libyan court convicted him of making booby-trapped car bombs during the 2011 revolution.

The film also focuses on another alleged plotter, Said Rashid, who greeted Megrahi on the steps of the aircraft on his arrival home. Ken got access to Rashid’s abandoned house, where he found diaries in which he had described Malta as a launch pad for terrorism against the west. Malta, of course, was where the Libyans allegedly launched the Lockerbie bomb.

Megrahi was always open about his close relationship with Rashid and other notorious senior security figures, including the newly named suspect Abdallah Senussi, who, like Rashid, was a relation. Megrahi: You are my Jury made clear that both Rashid and Senussi were allegedly involved in terrorism – in Rashid’s case the La Belle bombing.

The evidence that Ken has assembled is substantial and I do not dismiss it out of hand, but, for reasons set out below, I believe the conclusions he has built upon it are unsustainable.

His film has prompted an avalanche of media coverage, almost all of it uncritical. The Crown Office’s chief media cheerleader, Times columnist Magnus Linklater, has even declared that '[it] is time to extinguish the last embers of controversy that have heated the Lockerbie case for so long'. 

Anything that places Lockerbie back in the spotlight is to be welcomed. Unfortunately, however, the coverage of the film is more notable for what it omits than what it reveals.

The first significant omission is a consideration of the evidence from Libya and of Megrahi’s behaviour. At the start of the Libyan revolution four years ago, the former justice minister Mustafa Abdel Jalil claimed to have proof that Colonel Gaddafi ordered the bombing. Since then nothing has emerged publicly from the country’s security archives to implicate the Gaddafi regime and Megrahi in the bombing. Jalil later claimed he had been misquoted and the best he could offer by the way of evidence was the fact that the regime had paid Megrahi’s legal bills. Said Rashid’s papers implicated Rashid in terrorism, but there was nothing new and substantial to demonstrate that he had a role in Lockerbie.

The only genuine document to emerge from the ruins of the old regime that speaks directly to the suspects’ private views on the case is a letter by Megrahi to Senussi, reported on by The Wall Street Journal, in which he protested his innocence. (The WSJ speculated that he might have expected the prison staff to check his mail, but that didn’t happen, as he was free to hand over correspondence to the Libyan consulate staff who frequently visited him.)

Megrahi continued to plead his innocence following his return to Libya in 2009. By then there was nothing for him to lose in admitting his guilt, yet he wouldn’t and he spent much of his remaining time cooperating with me in writing his biography – hardly the actions of a guilty man. The Gaddafi regime also had nothing to lose. In 2004 it made a formal admission of responsibility and paid compensation for the bombing, but only because it was obliged to do so in order to free itself of crippling UN sanctions, which had been imposed under US and UK sponsored Security Council resolutions passed in the early 90s. It never made an unambiguous admission of guilt.

Megrahi didn't act like a terrorist when he was in Malta. Although he travelled on a coded passport under a false name, he went to visit his co-accused Lamin Fhimah’s Maltese business partner, whom he had never met before, and introduced himself under his real name. He then stayed the night at the Holiday Inn, rather than at one of the island’s Libyan-owned hotels, despite having stayed there for two nights only a fortnight earlier under his own name. He kept the passport for 11 years until he went to The Netherlands to stand trial and handed it over to the prosecution; again, not what one would expect of a terrorist.

Megrahi told a number of lies, not least, it seems, about his relationship with Masud, but lies do not prove guilt. Truth telling is a luxury of liberal democracies. In countries like Gaddafi’s Libya it can be fatal.

A second omission is the strong evidence that points away from Megrahi and Libya. Unlike the Libyans, the original suspects in the bombing, the Syrian-based Popular Front for the Liberation of Palestine-General Command (PFLP-GC), had a track record of bombing aircraft. Moreover, they made bombs into Toshiba BomBeat radio cassette players, the same brand – although a different model – that was used to destroy Pan Am 103. According to their bomb-maker Marwan Khreesat, who was arrested in Germany with other members of the group two months before Lockerbie in an operation code-named Autumn Leaves, his fellow arrestee Hafez Dalkamoni had come to Germany to coordinate an attack on a western airline and had shown a particular interest in Pan Am. 

The German cell also had a link to Malta through the Swedish-based terrorist Mohamed Abu Talb, some of whose associates had visited Dalkamoni and Khreesat’s German apartment two weeks before the Autumn Leaves raids, and who himself visited Malta around the same time. 

There have been suggestions that the PFLP-GC and the Libyans somehow joined forces and that the Libyans were responsible for the plot’s final execution. This would make sense if the Autumn Leaves arrests had halted the PFLP-GC’s operation. However, other evidence suggests that it continued. Khreesat told the German police that other members of the group had evaded arrest, including one called Abu Elias, who, Khreesat gleaned, was to have an important role in the planned attack. Another PFLP-GC member called Mobdi Goben, who led the group's Yugoslavian cell and was visited by members of the German cell shortly before their arrest, later claimed that the bombing had been coordinated by Abu Elias. 

Further evidence that the PFLP-GC’s plot remained active after the Autumn Leaves raids came in a warning circulated by the US State Department's bureau of diplomatic security three weeks before Lockerbie (and a few days before the better known and allegedly hoax Helsinki warning). It stated that a group of radical Palestinians in Europe was planning to target Pan Am, adding 'Timeframe is present'. 

A number of declassified US intelligence documents have stated as fact that the bombing was commissioned from the PFLP-GC by Iran in revenge for the accidental shoot-down of Iran Air flight 655 by US battlecruiser the USS Vincennes six months earlier. Former CIA agent Robert Baer revealed specific details of the Iranian/PFLP-GC attack, which he said came from a number of reliable sources. Another, Richard Fuisz, revealed in a court deposition that he was told by numerous senior Syrian officials who were close to PFLP-GC leader Ahmed Jibril that the group was behind the bombing. 

None of this rules out Libyan involvement in the attack: Libya backed the PFLP-GC and may well have provided logistical and material support to the bombers. This scenario was one that neither the Lockerbie prosecutors nor the Libyans themselves would wish explored. 

A third omission is the evidence suggesting that the La Belle bombing was not a straightforward act of Libyan terrorism. Three of the four people convicted of the bombing worked at the Libyan People’s Bureau in East Berlin: Palestinian Yassar Chraidi, Lebanese-born German Ali Chanaa and Libyan Musbah Eter. Eter confessed to his role in the bombing in 1996 and became the key prosecution witness (Chanaa also confessed but his evidence was not relied upon by the prosecution). Also central to the case were files from the former East Germany security service, the Stasi, which documented information provided by its network of informers within Berlin’s Arab community.

The files appeared to corroborate Eter’s claim that Masud was a bomb technician and indicated that he was in Berlin around the time of the bombing. The Libyan witnesses in the Lockerbie case all denied knowledge of Masud. Also important to the case were intercepts of incriminatory messages supposedly sent between the Libyan government and the East Berlin People’s Bureau. Said Rashid was identified as the main voice behind the instructions from Tripoli. Ostensibly, all this was convincing evidence of Masud’s and Libya’s guilt. But other evidence suggests the bombing had some very murky undercurrents.

The Stasi files suggested that the staff of the East Berlin Libyan People’s Bureau were far from being a close band of Gaddafi loyalists. Most startlingly, they showed that Musbah Eter had a long-standing relationship with the CIA. A 1998 investigation by the German TV channel ZDF alleged that, at the time of his confession in 1996, he was running a CIA front company in Malta.

Some of the Stasi’s Arab informants also had a relationship with the CIA. So too did a number of non-Libyans, whom the Stasi files implicated in the wider La Belle plot, but who escaped justice. One key informant, Mahmoud Abu Jaber, and his brother Mohamed, both of whom were both close to Chraidi, ran a freelance Palestinian terrorist cell that was mistrusted by other Palestinians. The Stasi learned that the CIA knew that Mahmoud and another cell member, Khaled Shatta, were involved in the bombing. In the months prior to the attack the cell lived in East Berlin and met the defendants almost daily. Hours before the attack they travelled to West Berlin. Their movements were monitored by both the Stasi and the Soviet intelligence service, the KGB, who concluded that they were working for Western intelligence. A declassified KGB document indicated that Jaber was suspected of being an agent provocateur, who was being used by the CIA to concoct a case against Libya. The KGB reported that, two days before the bombing, he told his CIA contacts that it would cost $30,000, rather than the previously quoted amount, $80,000. Another member of the group admitted to ZDF that he was a Mossad asset.

All this is important in the light of the widely reported and well documented fact that throughout the Reagan presidency the CIA ran a massive covert campaign against Libya. In the run up to the La Belle attack, the US navy conducted aggressive exercises off the coast of Libya, which were clearly designed to provoke a Libyan military response, although none came. The bombing gave the White House hawks the excuse they craved to strike. 

When the US released the incriminatory intercepts to the German authorities a decade after the attack they appeared to be genuine. However, according to former Mossad agent Victor Ostrovsky the Americans were duped by a Mossad, who broadcast phony messages from Tripoli. Neither the La Belle prosecutor Detlev Mehlis nor the FBI bothered to interview Ostrovsky about his claims. 

To be clear, I do not claim that Libya, Said Rashid and Abouagela Masud were not involved in La Belle – I would not be surprised if they were – I merely caution against taking a black and white view of the case.

The fourth major omission in the recent media coverage is the evidence that demonstrates that the Lockerbie bomb did not originate in Malta. To remind you, Megrahi's conviction rested on the belief that he had managed to smuggle a bomb contained in an unaccompanied suitcase on board Air Malta flight KM180 from Malta to Frankfurt and that this case had been transferred to Pan Am feeder flight PA103A to Heathrow, where it was transferred to PA103. The claim relied upon two documents from Frankfurt airport, which, according to the Crown, demonstrated that an unaccounted-for suitcase had been transferred from KM180 to PA103A.

However, that claim in turn relied upon a number of shaky inferences about the documents and the surrounding events at Frankfurt (which are documented in Megrahi: You are my Jury and, more exhaustively, in Dr Morag Kerr's book, Adequately Explained by Stupidity?).

Megrahi's conviction depended upon two still more unlikely assumptions. The first was that he had struck very lucky. Forensic evidence suggested that the bomb's position within luggage container AVE4041 was such that it was as close as it could be to the skin of the aircraft and that had it been any further away it would not have penetrated the skin and caused the plane to disintegrate. 

The second was that he had managed to circumvent Air Malta's baggage loading procedures. Unlike Pan Am's these were unusually strict; they required the head loader to physically count all the bags to make sure the total tallied with the number checked in. To ensure that he had done so, he was not told this number, but instead had to report the total to the flight's ramp dispatcher, who would check it against the checked-in total. KM180's records showed that the numbers had matched. The police investigation established that all these bags had made it onto the flight and been collected by their owners, which ruled out the possibility that Megrahi or an accomplice had managed to swap the bomb suitcase for a check-in bag prior to the head loader's count.

The only witness from any of the three airports investigated by the police who could recall seeing a brown Samsonite case of the type that contained the bomb was a Pan Am loader at Heathrow called John Bedford. On the day of the bombing he was based in the so-called interline shed, which processed bags transferred from other flights, but not those from PA103A from Frankfurt, which allegedly carried the suitcase from Malta.

When interviewed by the police he remembered clearly that it was lying flat in the luggage container AVE4041 in the approximate position that the explosion later took place. He said he noticed it when he returned from his tea break at around 16.45 and that a colleague, Sulkash Kamboj, had told him that he had placed it there. (Kamboj subsequently had no recollection of doing so and there is no suggestion that he was part of the bomb plot.) 

Crucially, Bedford went off duty before PA103A arrived from Frankfurt, so the suitcase he saw could not have originated from that flight and could therefore not have been a rogue suitcase from the Air Malta flight KM180. Equally crucially, he and the two other loaders who saw AVE4041 were sure that, by the time it was taken to PA103A to be topped up with baggage from Frankfurt, the base of the container was covered by a single layer of baggage, which consisted of at least five cases standing vertically along the back and two lying flat at the front.

These details were important because two police memos uncovered during preparations for Megrahi's second appeal showed that only six legitimate interline bags would have been loaded into AVE4041, none of which matched that described by Bedford. Clearly then, the Bedford suitcase was rogue and, to the best of his recollection, it matched the one that contained the bomb.

Further evidence that the bomb was planted at Heathrow has been unearthed and compiled in an exhaustive investigation by researcher Dr Morag Kerr in her book Adequately Explained by Stupidity?. Taken together, the Heathrow evidence is far more convincing evidence of the bomb's origin than the fact that Megrahi and Abouagela Masud left Malta together on the morning of the bombing.

The final important omission is the evidence that destroys the Crown’s central claim that the Lockerbie bomb contained an MST-13 timer from a batch supplied by the Swiss company Mebo to Libya. The claim relied upon a fragment of circuit board known as PT/35(b), which was found within the Lockerbie debris.

According to the Crown, it matched the boards used in the Libyan batch, which had been made for Mebo by another Swiss company, Thüring. However, there was a crucial difference, which was not revealed to the trial court: PT/35(b)’s copper circuitry was plated with pure tin, whereas the boards in the timers supplied to Libya were plated with a tin-lead alloy. In 2008 Thüring’s production director confirmed to Megrahi’s lawyers that the company had only every used tin-lead alloy plating. It meant that the fragment could not have been from one of the MST-13s supplied to Libya. 

As well as omitting such vital evidence, the media coverage surrounding 'My Brother’s Bomber' has swerved an urgent question: given that Abu Agila Masud apparently linked the La Belle attack and Lockerbie, why did the Lockerbie investigators never make anything of the fact? It's clear from the statements of Scottish police officers that Masud was a prime suspect from 1991 onwards. In 1997 he was named in the indictment against the La Belle accused. Had the Lockerbie prosecutors known of the link, they should have used it to bolster the weak circumstantial case that they had assembled against Megrahi and his co-accused, Lamin Fhimah. The fact that they did not looks like a major cock up, which the announcement of the pursuit of the two new suspects has effectively concealed. The Crown Office claims that there is now a 'proper basis' in Scots law to treat the two men as suspects, implying that there wasn’t previously. In fact, such a basis has existed since 1991.

The initiative has already descended into farce. The Crown Office has discussed getting access to the suspects with the internationally recognised government in Tobruk, which is powerless to help, because they are being held by the rival government in Tripoli. That government is willing to allow the Crown Office to interview the suspects, but has heard nothing from them. As leading Libya observer Jason Pack has observed, given the very delicate political situation in the country, which the UN is attempting to resolve by brokering the formation of a national unity government, the Crown Office’s announcement seems 'particularly ill-timed and naïve'.

I can believe that the police and FBI failed to be sufficiently curious about La Belle, but find it hard to believe that the CIA missed the Masud link with Lockerbie. In the official narrative, the two bombings were umbilically linked. The CIA of all people should therefore have been alert to the possibility that there were common players between the two attacks. They could not have been unaware that Masud had been implicated in La Belle if the man who implicated him, Musbah Eter, was one of their own.

Why, then, was it not until 19 years after Eter named Masud, and 18 years after he was named in the La Belle indictment, that the Lockerbie connection was made? And why did it fall to one of the Lockerbie victims' relatives to make the connection? Clearly the Libyans kept silent about Masud because they knew that the La Belle connection, whether genuine or not, would damage Megrahi and Fhimah's prospects at trial, but why the apparent silence from the CIA?

We are unlikely to get answers to these and the many other questions that cloud Lockerbie. We should applaud Ken Dornstein for adding some pieces to the jigsaw. He has seen a picture that he finds convincing, but when I look at the other pieces, I am equally sure he is wrong and that, if we ever get to see the complete picture, the part he has illuminated may prove to be peripheral.

We must nevertheless hope that Masud and Senussi are handed over to the Scottish authorities, unlikely as that prospect may currently seem. The case urgently needs reopening and a trial of the two men may be the best way of achieving it. Should there be one, the prosecution would have to re-run most of the discredited case that convicted Megrahi, and the defence would be armed with vital exculpatory evidence that the Crown previously withheld. The result, I predict, would be a deepening rather than an answering of Lockerbie’s mysteries.