Showing posts sorted by date for query USS Vincennes. Sort by relevance Show all posts
Showing posts sorted by date for query USS Vincennes. Sort by relevance Show all posts

Wednesday 20 December 2023

"The final mysteries of the Lockerbie terrorist attack"

[This is an English version of the headline over a report published today on the website of the Austrian newspaper Kronen Zeitung. The report, translated into English, reads as follows:]

On December 21, 1988, a jumbo jet belonging to the iconic American airline Pan Am crashed into the small Scottish town of Lockerbie after a bomb exploded on board. 270 people lost their lives in a cruel way three days before Christmas. A Libyan was convicted of this terrorist attack, but not least thanks to the work of the Tyrolean university professor Hans Köchler, who critically observed the trial for the UN over 20 years ago, it is now considered very likely that a scandalous miscarriage of judgment was made at the time. The real perpetrator or perpetrators may still be at large. On the 35th anniversary of the attack, a book about this tragedy has now been published for the first time in German. It's called [translation from German] "Pan Am Flight 103: The Lockerbie Tragedy - Christmas Voyage to Death."  It was written by the Austrian aviation photographer and flight expert Patrick Huber. Krone+ publishes excerpts from it and spoke to the author.

The airline Pan American World Airways, better known as Pan Am, which slipped into bankruptcy in 1991 after 64 years of operation, was considered a pioneer of scheduled air travel and an American institution par excellence for decades. Whether New York, San Francisco, Tokyo, Berlin, Frankfurt, Beirut, Johannesburg, Salzburg, Vienna or Sydney - the aircraft with the distinctive blue and white globe and the US flag on the vertical tail were a familiar sight at airports all over the world.

The other side of the coin: as a prominent figurehead of the US, Pan Am was also a ‘popular’ target for terrorists. The worst attack on society occurred 35 years ago, on December 21, 1988, and simultaneously sealed its demise.

[A longer description of the book, also in German, appears on the Austrian Wings website. What follows is a translation into English:]

On December 21, 1988, a cold, inhospitable Wednesday three days before Christmas, a bomb exploded over Lockerbie at 7:02:50 p.m. in the front cargo hold of a Pan Am jumbo that was at an altitude of around 9,450 meters on the night flight from London Heathrow New York JFK was located. Some of the debris from flight PA103 fell directly into the residential areas of the small Scottish town of Lockerbie. The huge explosion of almost 100,000 kilograms of kerosene when the center part of the fuselage and the wings with the fuel tanks hit the ground set numerous houses on fire in a fraction of a second and ignited a veritable sea of ​​flames in the small community. In addition to the wreckage of the plane, passengers' luggage, freight containers and more than 200 human bodies fell from the dark sky and landed in meadows, in forests, on roofs, in garden hedges, on fences or in the middle of the front gardens of Lockerbie houses.

Inferno on the ground

It took the fire department until the early hours of the morning to put out the fires. Their use was made more difficult, among other things, by the fact that numerous power and telephone lines were destroyed when the plane crashed.

In addition to all 243 passengers and 16 crew members on board the Boeing 747-121 with the illustrious name “Clipper Maid of the Seas” (...) 11 residents also died in the incident. The youngest victim of this disaster was just 2 months old, the oldest was 82 years old. For some of the unfortunate, the flaming inferno left only ashes and charred bones. Since these dead could no longer be identified, their remains were finally buried in a common grave.

While the cause of the crash was quickly determined, it is still not clear who was actually behind the bomb attack. Although the Libyan Abdel Basit Ali al-Megrahi was sentenced to life imprisonment for the terrorist act in 2001, this guilty verdict was met with sharp criticism from both experts and many of the victims' relatives. The Austrian UN trial observer Hans Köchler, for example, immediately spoke of a “miscarriage of justice”. Nevertheless, the convicted man was imprisoned in Great Britain, and an initial appeal was promptly rejected.

Convicted Libyan probably victim of a miscarriage of justice

Around six and a half years after the guilty verdict, on June 28, 2007, a Scottish commission for the review of criminal convictions, the Scottish Criminal Cases Review Commission (SCCRC), declared that there was a “possible miscarriage of justice” in this case. cannot be ruled out. The widely accepted view is now that Al-Megrahi's conviction represents a miscarriage of justice. The SCCRC therefore authorized Al-Megrahi to bring new legal remedies, which he did.

In 2008, Al-Megrahi, who was still in prison at the time, was unexpectedly diagnosed with cancer. Officially for “humanitarian reasons,” he was offered release in 2009, but only if he withdrew his second appeal beforehand - which the desperate man then did so as not to have to risk dying in a Scottish prison without his To see his children and his wife in freedom once again. Shortly afterwards, the father of five, who was already severely affected by his illness, was actually released and was able to return home to his family in Libya.

Al-Megrahi died there of cancer on May 20, 2012, in the midst of the turmoil of the Libyan civil war - not without first protesting his innocence on his deathbed. He has not yet been legally rehabilitated. 

But if Al-Megrahi actually had nothing to do with the terrorist attack on Pan Am 103 - and there is indeed a lot to be said for his innocence - then who was it? Iran, as numerous indications pointed to? After all, the radical Islamic mullah regime had sworn bloody revenge for the accidental shooting down of an Iranian passenger plane (290 fatalities) by the American warship “USS Vincennes” in the summer of 1988 - six months before the attack on the Pan Am Jumbo. The Palestinians? Syria? Maybe Libya? Or was it ultimately about secret drug shipments from the Middle East to the USA, which were supposedly tolerated by the US authorities out of intelligence interests? There are witness statements that drugs were found at the scene of the accident. In any case, it was noticeable that a number of important politicians, military officials and secret service employees did not board flight PA103 at short notice that day, including the then South African Foreign Minister Pik Botha and his 22-member delegation.

The non-fiction book “Pan Am Flight 103: The Tragedy of Lockerbie - Christmas Voyage to Death” meticulously traces the last flight of the “Clipper Maid of the Seas” and illuminates the biographies of crew members, passengers and residents of Lockerbie down to the smallest detail. The author also focuses on the accident experts' investigations, the work of the judiciary and those people who did not take flight Pan Am 103 or who missed it by lucky coincidence - including the well-known British actress Kim Cattrall ("Police Academy", "Sex and the City”). The technical aspects of the accident are also discussed in detail.

Thursday 9 June 2022

The true perpetrators of this attack will probably never be known

[The Florida-based Pan Am 103 Lockerbie Legacy Foundation's re-vamped website contains a letter written by Victoria Cummock, the founder and CEO of the organisation. Her husband was a passenger on Pan Am 103. The letter reads in part:]

At the outset, various international groups claimed responsibility for the attack, which broadened the investigative scope beyond the 845-square-mile Lockerbie crime scene, to include various international state sponsors of terrorism and dozens of inter-continental suspects. 

There are significant differences between US and Scottish criminal law for admissibility of evidence, witness testimony and sentencing, and multiple jurisdictions routinely try criminals under applicable national/local laws. Aside from issuing the 1991 criminal indictments and 2020 criminal charges, why haven't US authorities ever arrested or prosecuted ANY suspects for the mass murder of 190 American citizens and the 69 others aboard a US flagship?

The 2001 Scottish criminal trial against two Libyan officials acquitted one, convicted the other and then was ultimately released after eight years on compassionate grounds. No one believes that if al-Megrahi did have a hand in this, he could have acted alone to perpetrate an attack of this magnitude. After decades of US politically pragmatic foreign policy, the true perpetrators of this attack will probably never be known since the US long ago quietly closed its investigation. Informants and witnesses die, memories fade, and evidence deteriorates or disappears.

Is the real culprit for all terrorism capitalism and the corruption and violence it fosters? Is political expediency for commerce, or business as usual, the only brand of American justice? Is this a case of deflected culpability for US military attacks such as the July 3, 1988, USS Vincennes warship missile shoot down of Iran Air flight 655, which killed 290 civilians in Iranian airspace? Or were the CIA agents aboard the targets and our loved ones merely collateral damage?

To date, the story of the terrorist attack against the US on December 21, 1988, is incomplete and in many ways inaccurate. The Foundation will explore our history more fully, via thematic timelines, to ensure the attack and its victims do not become a footnote that the memory of time erases. Our Community Forum will, for the first time, digitally connect the entire global Pan Am 103 Lockerbie community.

Tuesday 14 September 2021

"Is this a case of deflected culpability for US military attacks?"

[What follows is excerpted from an article headlined Victoria Cummock on the Lessons of the Pan Am 103 Litigation published yesterday on the website of Corporate Crime Reporter:]

It was December 21, 1988 and Victoria Cummock was in Miami awaiting the return of her husband John Cummock from London for Christmas. (...)

Victoria Cummock was the mother of three young children, aged three, four and six.

Her husband never made it home.

Pan Am 103 was blown out of the sky over Lockerbie, killing all 259 people on board. A bomb was put on the plane before takeoff and detonated over Lockerbie.

John Cummock was at the front of the plane in seat 3A.

Victoria knew her husband was on the plane when she saw the iconic photograph of the crashed nose cone of the plane lying in a field in Lockerbie. 

In front of the plane on the ground, Victoria could see John’s attache case. She had given it to her husband as a gift.

For thirty-three years, Victoria Cummock has been seeking justice for her husband and for her family.

She is the founder and CEO of the Pan Am 103-Lockerbie Legacy Foundation.

“On December 21, 1988, Pan Am Flight 103 was blown out of the sky,” Cummock recalled to Corporate Crime Reporter in an interview last month. “It was a flight from London to New York that blew up over Lockerbie, Scotland. It scattered the contents of the plane and the people in the plane over 845 square miles. Eleven people on the ground in Lockerbie, Scotland were killed when two residential neighborhoods were set ablaze.”

“This attack against America created the largest recorded crime scene and remains the oldest cold case of mass murder in US and UK history.”

“Terrorists have targeted the United States for decades. And threats still remain a constant today. The response by our government to this attack has impeded due process, justice and accountability for those who perpetrated this act.”

“Tragically, the US government has never led the investigation or prosecuted anyone regarding this case. The US government abdicated the lead role of the investigation and prosecution to the Scottish police, which happened to be the smallest police force in the UK as well as the least funded.”

“There was a criminal trial in 2003 at the International Court at the Hague, under Scottish law. That was in 2003.” [RB: The trial ran from 3 May 2000 to 31 January 2001 and was held in a Scottish court sitting at Camp Zeist near Utrecht.]

“I have always wondered, with America’s vast reach, power and might, why that wasn’t utilized to pursue justice and accountability for the murder of American citizens aboard Pan Am 103.”

“Aside from issuing criminal indictments in 1991 and criminal charges in 2020, the US has never pursued, arrested or prosecuted any suspect.”

“The family members wonder why the US quietly abdicated the lead role to Scotland, not even to the UK, and handed over full authority to Police Scotland, which had the smallest staff and least funded police force in mainland Britain, to lead an investigation and prosecution of international scope into multiple state terror sponsors and dozens of inter-continental suspects.” [RB: Police Scotland was formed on 1 April 2013. The Lockerbie investigation was conducted by Dumfries and Galloway Constabulary.]

“Knowing the limitations of Scottish law, the differences between Scottish and American law in terms of admissibility of evidence as well as witnesses, and the fact that the terrorists did not attack Lockerbie, we have always wondered why allow Scotland to ultimately decide who, how and when to criminally prosecute the mass murderer of Americans.” 

“To date, only one Libyan suspect – al-Megrahi – was convicted and then released after eight years on compassionate grounds.” 

“There is still an ongoing posthumous appeal to this conviction. No one believes that if al-Megrahi did have a hand in this, that he could have acted alone to perpetrate an attack of this magnitude. But after decades of US pragmatic foreign policy, the true perpetrators of this attack will probably never be known. Informants and witnesses die, memories fade, and evidence deteriorates or disappears.” 

“We wonder if the real culprit for all terrorism is capitalism and the corruption and violence it fosters? Is political expediency for commerce, or business as usual, the only brand of American justice? Is this a case of deflected culpability for US military attacks such as the July 3, 1988 USS Vincennes warship missile shooting down of Iran Air flight 655, which killed 290 civilians in Iranian airspace?” 

Thursday 8 July 2021

Lockerbie incriminee Ahmed Jibril dies in Damascus

[Ahmed Jibril has died in Damascus at the age of 83. What follows is the report published today on the Middle East Monitor website:]

Ahmed Jibril, leader of Palestinian Popular Front for the Liberation of Palestine-General Command passed away in the Syrian capital Damascus yesterday at the age of 83.

Jibril and his family were forced out of Yazour neighbourhood in the outskirts of the Palestinian city of Yafa in 1948.

In 1965, he established the Palestinian Popular Front, which was later merged with other leftist Palestinian factions and became the Palestinian Popular Front for the Liberation of Palestine (PFLP).

In 1969 he defected and formed the PFLP-General Command, which ten years later agreed to a prisoner swap with Israel

In 1979, the PFLP-General Command held a prisoner swap with Israel. Some 76 Palestinian detainees were released in exchange for one m Israeli soldier.

Jibril negotiated a prisoner swap between the PLO factions and Israel in 1985 when 1,150 Palestinian prisoners were released in return for three Israeli soldiers.

In 2002, Israel assassinated his eldest son Jihad in Lebanon.

Jibril was criticised for his support for the Assad regime in Syria, which didn't waiver in spite of the current war.

[None of the reports of Jibril's death that I have seen so far have mentioned his and the PFLP-GC's alleged responsibility for the bombing of Pan Am 103 over Lockerbie. What follows is a report by Richard Norton-Taylor and Ian Black in The Guardian on 4 May 2000:]

The finger of suspicion after the Lockerbie bombing was first pointed at Ahmed Jibril's Popular Front for the Liberation of Palestine - General Command, the very group implicated yesterday, more than 11 years later, by the two Libyan defendants.

In another extraordinary twist, they also implicated Abu Talb, once regarded by the Scottish police as a prime suspect but now a prosecution witness.

For years, western intelligence agencies believed in a simple explanation. The bombing was funded by Iran in retaliation for the mistaken shooting down of an Iranian airliner by an American warship, the USS Vincennes, over the Persian Gulf in July 1988, five months before the Lockerbie bombing.

It was assumed that the Iranians paid Jibril's Syria-backed group to carry out a revenge attack. The assumption appeared to be backed up by the arrest a few months before the bombing of 17 people in Frankfurt, where the bag containing the bomb is alleged to have been placed on the Pan Am airliner. It was reported later that those arrested in the operation, called Autumn Leaves, included Hafez Dalkamoni, a prominent member of the PFLP-GC with links to Palestinians in Uppsala, Sweden.

They also included Marwan Kreeshat, a Jordanian, found with explosives and a Toshiba cassette player in his car similar to the one believed to have contained the bomb that destroyed the Pan Am airliner. British intelligence was later astonished to learn that he had been released for lack of evidence.

Iran appeared to be further implicated in the bombing when a US intelligence report referred to Ali Akbar Mohtashemi, a former Iranian interior minister who supervised Iranian funding of Middle East terror groups, paying out "10 million in dollars in cash and gold ... to bomb Pan Am flight 103 ... in retaliation for the US shoot-down of the Iranian Airbus".

The existence of the report, which was given to lawyers representing Pan Am, became known in 1995. This was after the two Libyans were indicted and officials in Washington and London played down its significance, describing it as low-grade information found to be incorrect.

The trail to Talb began when he was linked to a car belonging to to one of those arrested in Frankfurt. Talb was found guilty at Uppsala in December 1989 of planting a bomb at a synagogue in Copenhagen four years earlier.

Swedish police were reported to have found at Talb's Uppsala apartment an air ticket from Malta to Stockholm indicating that he was on the island at the time children's clothes - part of the evidence against the two Libyans - were bought.

British Lockerbie investigators were also alleged to have found clothes bought in Malta during a later raid on Talb's flat. Also found there was a diary with December 21 1988 - the date of the bombing - circled. He was named in the Uppsala court as being suspected in Scotland of murder or as an accessory to murder.

Yesterday, Egyptian-born Talb was described in the Camp Zeist court as a member of the Palestine Popular Struggle Front and witness number 963 for the Scottish prosecution. The PPSF was founded in 1969 with backing from Syria, and split in 1981. One of its two founders, Samir Ghosheh, left in 1981 to join the mainstream PLO and is now a minister in Yasser Arafat's Palestine Authority in Gaza.

Experts said last night that the PPSF was defunct and that little had been heard of it for at least two years.

According to Israel's Jaffee Centre for Strategic Studies, the PFLP-GC, which rejects a political settlement with Israel, has maintained links with Syria, Libya and Iran, serving as a proxy for those states in attacks in the international arena. It was suspected of carrying out the bombing of a French airliner in 1989 over Niger.

Ahmed Jibril declined to comment last night.

Some commentators say that attention over Lockerbie turned to Libya when the west wanted to improve relations with Iran and Syria after the Gulf war against Iraq. Washington and London dismiss this as conspiracy theory.

Saturday 8 May 2021

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Saturday 30 January 2021

"Independent" Lockerbie commentator "instructed and paid by Iran"

[What follows is excerpted from a report in today's edition of The Scotsman headlined Academic who defended Tehran against Lockerbie allegations accused of secretly working for Iranian government:]

Authorities in the US allege Kaveh Afrasiabi, a political scientist and veteran commentator on Iranian issues, of acting and conspiring to act as an unregistered agent of the Iranian state for more than a decade, during which time he made media appearances rejecting any suggestions that Iran was involved in the 1988 atrocity.

A complaint filed against Afrasiabi in a federal court in New York alleges that he was instructed over what to say to journalists by Iranian government officials assigned to the country’s permanent mission to the United Nations, before advocating positions and policies “favoured” by Iran.

The interviews included Afrasiabi’s views on a 2014 Al Jazeera documentary, entitled ‘Lockerbie: What Really Happened?’, which claimed the bombing was ordered by Iran and carried out by the Syrian-based terror group, the Popular Front for the Liberation of Palestine-General Command.

The documentary, which was subsequently screened in the Scottish Parliament, included testimony from Abolghasem Mesbahi, a former high-ranking Iranian intelligence agent, who said Iran had sanctioned the attack in revenge for the destruction in July 1988 of an Iranian airbus mistakenly shot down by USS Vincennes.

Afrasiabi, a former visiting scholar at Harvard University, went on to appear on an Al Jazeera interview, refuting the documentary’s premise. However, the complaint against him alleges he was advised on what to say by a press secretary at the Iranian mission, and told to state that he was giving his views as an “independent expert.”

During a phone call with the Iranian official on 11 March 2014, the complaint goes on, Afrasiabi was instructed “in sum and substance to explain that both the US and Britain completed their investigations” into the incident.

It also alleges that the day after the interview, Afrasiabi advised the Iranian government to threaten a $500 million lawsuit against Al Jazeera,” stating that it “would act as a brake on their current plan and might put a stop.” He added: “Soft diplomacy does not answer this specific situation.”

Afrasiabi also sent Al Jazeera an article prepared by his Iranian government contacts refuting the documentary’s claims, according to the complaint.

It adds that since 2007, Afrasiabi has “surreptitiously derived a significant portion of his income from compensation for services performed at the direction and under the control of the government of the Islamic republic of Iran,” claiming he received more than $265,000 over the period, as well as health insurance benefits.

The complaint also alleges Afrasiabi contacted an official in the US State Department, asking for its “latest thinking” on the Iran nuclear issue, without revealing the nature of his relationship with Iranian authorities.

Afrasiabi has described the allegations against him as “lies,” while Iran’s foreign ministry said the accusations were “baseless,” and accused the US of “a clear hostage-taking of Iranian nationals.”

Thursday 24 December 2020

The search for justice goes on and William Barr's actions are unlikely to help

[This is part of the headline over a long article by Kim Sengupta in The Independent. It reads in part:]

With great fanfare, on the anniversary of the Lockerbie bombing, the US has announced charges against the supposed bomb maker who blew up Pan Am flight 103, the worst act of terrorism in this country, with 270 lives lost.  

One of William Barr’s final acts as Donald Trump’s Attorney General, a deeply controversial tenure, is supposed to fit one of the final pieces of the jigsaw in the hunt for the killers.  

There are historic links between the Lockerbie investigation and the current, turbulent chapter of American politics. Barr was also the Attorney General in 1991, in the George W Bush administration, when charges were laid against two Libyans, Abdelbaset al-Megrahi, and Lamin Khalifa Fhimah, over the bombing. The inquiry was led at the time by Robert Mueller, the head of the Department of Justice’s criminal division.  

Mueller, of course, became the Special Counsel who examined if Trump was the Muscovian candidate for the White House. Barr was the Attorney General, in his second term in the post, accused of distorting the findings of Mueller’s report to protect Trump from accusations of obstruction of justice, which he denies.  

The charges which have been laid against Abu Agila Mohammad Masud, another Libyan, are intrinsically connected to Abdelbaset al-Megrahi, who is the only person to have been found guilty by a court of the bombing.  

Megrahi is now dead. There are good reasons to hold that the investigation, trial and verdict which brought his conviction were flawed and a miscarriage of justice has taken place. This is a view shared by bereaved families, international jurists, intelligence officers and journalists who had followed the case.  

Last month, an appeal hearing began at the High Court in Edinburgh to posthumously clear Megrahi’s name. This was the third appeal in the attempt to prove that the verdict against him was unsound, with his legal team focusing on the veracity of the prosecution evidence at his trial. 

Much of the case against Masud, a former Libyan intelligence officer, now charged, comes from an alleged confession he made in jail, where he had ended up after the fall of the regime of Muammar Gaddafi. Masud, according to the FBI, named Megrahi and Fhimah as co-conspirators, who had together manufactured an explosive device using Semtex during a trip to Malta. Masud has said that he had bought the clothing which had been wrapped around the bomb, hidden in a radio-cassette player, before being placed in a Samsonite suitcase which was put on the flight.  

There are two points which are immediately relevant. The same trial which convicted Megrahi had acquitted Fhimah of all charges. And one of the key allegations against Megrahi, which the judges said made them decide on the verdict of guilt, was that it was he who had bought the clothing put around the explosive device.  

These contradictions are among many, big and small, which have marked the official narrative presented by the US and UK authorities of what lay behind the downing of the airliner.  

I went to Lockerbie on the night of the bombing, attended the trial of the two Libyan defendants, and met Megrahi at his home in the Libyan capital, Tripoli, where he had been allowed to return after suffering from cancer. I have followed the twists and turns of the case throughout.   

Soon after the downing of the Pan Am flight, American and British security officials began laying the blame on an Iran-Syria axis. The scenario was that Tehran had taken out a contract in revenge for the destruction of an Iranian civilian airliner, Iran Air Flight 655, which had been shot down by missiles fired from an American warship, the USS Vincennes, a few months earlier. The theory went that the contract had been taken up by the Popular Front for the Liberation of Palestine-General Command (PFLP-GC), which specialised in such operations.  

But the blame switched to Libya, then very much a pariah state, around the time Iran and Syria joined the US-led coalition against Saddam Hussein in the first Gulf War. Robert Baer, the former American intelligence officer and author, was among those who held that the Iranian sponsored hit was the only plausible explanation for the attack. This was the firm belief held “to a man”, he stated, by his former colleagues in the CIA.  

After years of wrangling, Megrahi, the former head of security at Libyan Airlines and allegedly in the Libyan security service, and Fhimah, allegedly a fellow intelligence officer, were finally extradited in 1999. (...)

The two men were charged with joint enterprise and conspiracy. Yet only Megrahi was found guilty. (...)

So, deprived of finding a partner in crime for Megrahi, the prosecutor switched to claiming, and the judges accepting, that he had conspired with himself.  

The prosecution evidence was circumstantial; details of the bomb timer on the plane were contradictory; and the testimony of a key witness, a Maltese shopkeeper, extremely shaky under cross-examination. Five years on from the trial, the former Lord Advocate, Lord Fraser of Carmville – who had been responsible for initiating the Lockerbie prosecution – described the witness, Tony Gauci, as “an apple short of a picnic” and “not quite the full shilling”. Gauci was, however, flush in dollars: the Americans paid him for his testimony.  

The performance and evidence of a supposedly prime “CIA intelligence asset”, Abdul Majid Giaka, codenamed “Puzzle Piece” who turned up in a Shirley Bassey wig, was widely viewed as risible. It emerged later that important evidence had not been passed on to the defence lawyers. Ulrich Lumpert, an engineer who testified to the validity of a key piece of evidence, admitted later in an affidavit of lying to the court.  

It has also emerged that Giaka had been described by his CIA handler, John Holt, in an official report as someone who had a “history of making up stories”.

Holt was denied permission to appear at court. Earlier this month he reiterated in an interview that, like his CIA colleagues, he believes the Libyan connection was a concocted red herring and culpability lay with PFLP (GC). "I would start by asking the current Attorney General, William Barr, why he suddenly switched focus in 1991, when he was also Attorney General, from where clear evidence was leading, toward a much less likely scenario involving Libyans”, he said.  

The observer for the UN at the trial, Hans Kochler severely criticised the verdict. Writing later in The Independent, he described a case based on “circumstantial evidence”; the “lack of credibility” of key prosecution witnesses who “had incentives to bear false witness against Megrahi”; the fact that one was paid cash by the Americans; and that “so much key information was withheld from the trial”.    

Robert Black, a law professor born in Lockerbie, who played an important role in organising the Camp Zeist proceedings, later became convinced that a great injustice had taken place, as have many other eminent jurists.  

Some who were in Lockerbie on that terrible night and dealt with the aftermath also felt the same way. Father Patrick Keegans, the parish priest at the time, joined the “Justice for Megrahi” campaign after meeting the convicted man’s family and has backed appeals to clear his name.  

Many members of the bereaved families feel that justice has not been done, among them Jim Swire, who lost his daughter Flora in the bombing and became a spokesman for “UK Families 103”.  

When there were objections to the severely ill Megrahi being allowed to return to Tripoli, he pointed out “the scandal around Megrahi is not that a sick man was released, but that he was even convicted in the first place. All I have ever wanted to see is that the people who murdered my daughter are brought to justice.”  

After the charging of Masud, Dr Swire said: “I'm all in favour of whatever he's got to tell us being examined in a court, of course I am. The more people who look at the materials we have available the better.”  

He wanted to stress: “There are only two things that we seek, really. One is the question of why those lives were not protected in view of all the warnings and the second is: what does our government and the American government really know about who is responsible for murdering them.”  

Some bereaved families have criticised the presentation and motivation of the US move. The State Department had sent an invitation for livestreaming of the event.  

Reverend John Mosey, who lost his 19-year-old daughter Helga in the bombing, said the “timing and particularly the choice of this specific day, which is special to many of us, to be bizarre, disrespectful, insensitive and extremely ill considered”. He added: “Why exactly, when the Attorney General is about to leave office, has he waited 32 years to bring charges?”  

Behind the controversy over who carried out the attack, the political manoeuvres and legal actions, lay the human tragedy of Lockerbie, a scene which is difficult to forget, even after three decades, for many of us who went there.  (...)

There is also the memory of Abdelbaset al-Megrahi, at his home in Tripoli in 2012. He lay in his bed attached to a drip, on red sheets stained by dark splashes of blood he had coughed up. An oxygen mask covered his skeletal face; his body twitched as he drifted in and out of consciousness. He was in the advanced stages of cancer: medicine he desperately needed had been plundered by looters; the doctors who had been treating him had fled. He died a few months later.  

The bitter accusations and recriminations over Lockerbie are unlikely to cease. But the search for justice for this terrible act of violence which took so many lives, and caused so much pain and grief, continues to remain elusive among the secrets and lies. 

Sunday 20 December 2020

"I wonder why they are still trying to blame the wrong people for my daughter’s death"

[What follows is excerpted from a long interview of Dr Jim Swire by Marcello Mega in today's edition of The Scottish Mail on Sunday:]

My daughter was murdered 32 years ago tomorrow on Pan Am Flight 103 over Lockerbie. For us, the anniversary is no different to the other 364 days. We remember Flora and feel her loss every day.

She would have celebrated her 24th birthday in America with her boyfriend the next day. I’m sure she would have been a mother by now. That day, our family lost a beloved daughter and sister, and all the future joy she would have brought us.


I have no doubt she would have had a wonderful career. She wanted to specialise in neurology and had done so brilliantly at nottingham University that she had been given time out to set up her own research project at Queen Square Hospital, London, l ooking at how HIV affected the brain.


I have many reasons to be angry. Much of my anger is directed at our Government and prosecution service, and the US authorities.


I wonder why they are still trying to blame the wrong people for my daughter’s death.


To hear last week the US intends to pursue another Libyan suspected of making the bomb that murdered 270 people fills me with despair, as does the news there is ‘fresh evidence’ linking a second suspect.


American investigators refuse to acknowledge the many flaws in the case that blamed Libya, and they continue the charade, ignoring all the evidence pointing to Iran. Now, cynically I believe, while five Scottish judges consider the posthumous appeal raised by the family of Abdelbaset Ali Mohmed Al Megrahi – the only man convicted of the bombing – outgoing US attorney-general William Barr will announce they want to try Abu Agila Mohammad Masud, allegedly a bomb-maker for the late Libyan leader Muammar Gaddafi.


The second suspect, Abdullah Al Senussi, is the ex-intelligence chief and brother-in-law of Gaddafi.


Mr Barr held the same position when Megrahi was first charged in 1991. Having suddenly and inexplicably changed the focus of the investigation from Iran to Libya in the beginning, he appears to have rounded the circle when no credible evidence remains against Libya. I wonder if the timing now was contrived to put pressure on the judges.


To believe the Crown’s case against Megrahi, you have to believe in a series of astonishing coincidences.


In October 1988 a European cell of the PFLP-GC terror group was raided by the German secret police in Neuss. Four bombs were recovered, all hidden in Toshiba cassette-recorders. Members admitted one device had been taken away by their leader.


The devices had a simple timer that ran for half an hour after being triggered by lowered air pressure at altitude. On a Boeing 747 this would occur seven minutes into the flight. The explosion was 37 minutes after take-off. The evidence label for the fragment supposedly linked to Libya was the only one of thousands of productions to be altered. Originally it read ‘charred cloth’, but the word ‘debris’ was overwritten, presumably when the debris itself was added.


The case for Iran as culprit is far stronger. Five months before Lockerbie, the USS Vincennes, a warship patrolling the Gulf, shot down an Iranian Airbus, killing all 290 on board. Iran vowed the skies would run with the blood of Americans. The US offered no apology.


Security warnings were shared by Western intelligence services from October 1988 that terrorists intended to bomb a US aircraft.


The later warnings were specific to Pan Am, prompting the US to offer embassy staff in Moscow the chance to fly home for Christmas with another airline. But the UK Government did nothing, failing to protect Flora and the other 269 victims, despite Heathrow having been notified of a bomb threat.


The story that saw Megrahi wrongly convicted of mass murder has the bomb on flights from Malta to Frankfurt and then on to Heathrow, but that did not happen. Even the judges who found Megrahi guilty in 2001 acknowledged the Crown had failed to show an unaccompanied bag flew on the flight from Malta. The Maid of the Seas, the Boeing 747 that would disintegrate over Lockerbie, was loaded from empty at Heathrow.


Evidence of a break-in at Heathrow the night before – which would have let someone plant the suitcase with the bomb in the relevant area – was known to the Scottish police, and must therefore have been known to the Crown, but was not revealed to Megrahi’s defence.


At the time, Heathrow had been notified by the UK department of Transport of the threat of bombs in Toshiba cassette-recorders.


We have a copy of a telex sent to Heathrow two days before Lockerbie, warning that such bombs would be hard to see on X-rays.


Incredibly, it told security staff at the airport that if an item looked uncertain on X-ray and was to be carried, it ‘could only be carried in the hold of the aircraft’.


The suppression of evidence that did not fit their case was a deliberate tactic of prosecutors.


They did not reveal that star witness Tony Gauci, owner of the shop that sold the clothing packed around the bomb, was to get $2 million (£1.5 million) for his testimony, even though he never once said the buyer was definitely Megrahi. The judges acknowledged his doubt in their verdict, but, uniquely in a criminal case where certainty is everything, made a virtue of it.


The statements Gauci made that didn’t fit the case were never shared but the judges later ruled on two matters Gauci was 100 per cent reliable on: the list of clothing and prices – not knowing that in an unseen statement he made in 1999 he had produced a different list – and that the buyer was Libyan.


The clothes purchase was agreed to have occurred on November 23, when Megrahi was in Malta. Other evidence, including Gauci’s brother Paul’s statement, pointed to december 7. Paul Gauci was not called to give evidence and received a $1 million (£740,000) reward. 


Megrahi received a life sentence.


The new appeal has not heard any of the considerable fresh evidence relating to the timer fragment.


The Scottish Criminal Cases Review Commission referred the case back to appeal but restricted the terms. There is copious evidence the fragment could not have been part of the bomb, yet the judges must decide if the conviction is safe without hearing it.


UK Families Flight 103 has always wanted to know why our loved ones were not protected despite the warnings, who killed them and why.


Our Government has always refused us a public inquiry. I am 84 and still hope to see justice done. It still brings tears to my eyes when I remember clearing out Flora’s London flat after her murder.


We found an offer to complete her studies at Cambridge, where I was an undergraduate. She would have been saving the news to tell us on Christmas day, or on her return from the States. I owe it to my wonderful daughter and to the man wrongly blamed for her death to keep fighting for the truth.

Monday 7 December 2020

Lockerbie questions that US Attorney General William Barr needs to answer

[What follows is excerpted from an article by John Schindler published today on the Top Secret Umbra website:]

With just six weeks left for the Trump administration, speculation is swirling that Attorney General William Barr may step down before the official presidential transition on January 20. Barr has fallen out of favor with the White House since his admission last week that the Department of Justice’s investigation of our November 3 election has uncovered no significant voting fraud, contrary to the loud claims of President Donald Trump and his enraged surrogates. A longtime liberal bugbear, Barr suddenly became the Oval Office’s new whipping boy instead, and the attorney general is reportedly tired of the public presidential abuse. 

That would be the second time that Barr steps down as the attorney general (...)

Before we get to his decisions as Trump’s attorney general, we should first ask Bill Barr about what happened the last time he headed the Justice Department.

Above all, why did Attorney General Barr back in mid-November 1991 decide to indict two Libyan spies for the downing of Pan Am Flight 103 over Lockerbie, Scotland on December 21, 1988, a terrible crime that killed 270 innocent people. Barr’s announcement stunned our Intelligence Community, which had investigated that terrorist atrocity for nearly three years in voluminous detail, yet never suspected that Libya stood behind the attack.

Three decades ago, the Lockerbie tragedy loomed large in American news. A bomb inside a suitcase stowed in the Boeing 747’s forward left luggage container tore the airliner apart as it cruised at 31,000 feet, headed for New York. All 243 passengers and 16 crew on the Pan Am jumbo jet died, as did 11 people in the town of Lockerbie, which was showered by the flaming wreckage of the shattered 747. One hundred and ninety of the dead were Americans, including 35 Syracuse University students headed home for Christmas after a European semester abroad.

It didn’t take long for diligent British investigators to find the remnants of the Samsonite suitcase which contained less than a pound of Semtex plastic explosive manufactured in Czechoslovakia and hidden in a Toshiba radio cassette recorder. That trail quickly led to the Popular Front for the Liberation of Palestine – General Command, a radical Arab terrorist group that was headed by Ahmed Jibril, a former Syrian army officer. In the eyes of Western intelligence, the PFLP-GC was little more than an extension of Syria’s security services.

Intriguingly, less than two months before the Lockerbie attack, West German police rolled up a PFLP-GC bomb-making cell around Frankfurt, seizing four bombs made of Semtex hidden in Toshiba radios. Since Pan Am 103 originated in Frankfurt and that was the exact same kind of bomb which took down the doomed airliner, none of this seemed coincidental. Western intelligence circles heard chatter in the autumn of 1988 that the PFLP-GC, whose fifth Frankfurt bomb was never found by police, was planning to blow up U.S. airliners. Plus, one of the men taken into custody was Marwan Khreesat, a veteran bomb-maker who was believed to be behind the downing of a Swissair jetliner back in 1970, a terrorist attack which killed 47 people.

Before long, American intelligence believed that Iran was really behind the downing of Flight 103, given known close connections between Syrian intelligence and Iranian spy agencies. Neither was Tehran’s motive difficult to ascertain. A few months before, on July 3, 1988, the cruiser USS Vincennes, on station in the Persian Gulf, mistakenly shot down an Iran Air Airbus, a terrible accident which killed all 290 people aboard, including 66 children. Iran’s revolutionary regime promised revenge, and the Intelligence Community assessed that they got it over Scotland. As I explained on the thirtieth anniversary of the Lockerbie horror, that Iran stood behind the attack:

Was the conclusion of US intelligence, particularly when the National Security Agency provided top-secret electronic intercepts which demonstrated that Tehran had commissioned the PFLP-GC to down Pan Am 103 (...) One veteran NSA analyst told me years later that his counterterrorism team “had no doubt” of Iranian culpability. Bob Baer, the veteran CIA officer, has stated that his agency believed just as unanimously that Tehran was behind the bombing. Within a year of the attack, our Intelligence Community assessed confidently that Lockerbie was an Iranian operation executed by Syrian cut-outs, and that take was shared by several allies with solid Middle Eastern insights, including Israeli intelligence.

The IC was therefore taken aback on November 14, 1991, when Attorney General Barr announced the indictment of two Libyan spies, Abdelbaset el-Megrahi and Lamin Khalifah Fhimah, for the downing of Pan Am 103. Libya denied the accusations, as did the two Libyan intelligence officers, and it took Britain almost a decade to bring the men to trial. In a unique arrangement, the trial was held in the Netherlands under Scottish law. In the end, the court did not convict Fhimah but did find Megrahi guilty of 270 counts of murder in early 2001. Megrahi maintained he was framed and, suffering from cancer, he was released on compassionate grounds in 2009. He returned to Libya and succumbed to cancer there in May 2012, protesting his innocence to the end.

Quite a few people who looked at the evidence believed that Megrahi really may have been innocent, including some relatives of Pan Am 103 victims. Many in intelligence circles had doubts too, particularly because the prosecution’s star witness, Abdul Majid Giaka, was another Libyan intelligence officer who became a CIA asset. Giaka claimed to have witnessed Megrahi and Fhimah’s preparations in Malta to take down Pan Am 103 with a bomb made by Libyan intelligence. The Scottish court found Giaka less than credible, yet his claims against Megrahi stood up adequately to produce a conviction.

CIA made Giaka available to the court as the star witness, while obscuring some of their clandestine relationship with the Libyan spy. Langley offered several of its own officers to the court as well, something CIA recounted with pride in its official telling of their support to the Lockerbie trial, but the agency was careful to only produce officials who endorsed the Libya-did-it hypothesis.

There was the rub. Some CIA officers who were close to Giaka did not find his claims about Pan Am 103 and his own intelligence service’s involvement to be credible; in fact, they considered their “star” to be an unreliable fabricator. However, this secret – which raises fundamental questions about the US government’s official position on Lockerbie since late 1991 – was kept confined to spy circles for decades. Until now.

John Holt, a retired CIA officer who served as Giaka’s handler three decades ago, has broken his silence, granting a detailed interview to British media about his role in this sensational case. The 68-year-old Holt spoke out for the first time about what really happened behind the scenes with Giaka, whom he dismissed as an asset who was prone to “making up stories.” Giaka was far from a reliable source and the former American spy opined that CIA kept Holt away from the trial, since agency leaders knew that his account contradicted the official US position on Lockerbie. As he explained:

I handled Abdul-Majid Giaka in 1989 for a whole year during which he never mentioned Libyan involvement in the bombing. My cables [back to CIA headquarters] showed he was a car mechanic who was placed by Libyan Intelligence as Malta Airport office manager with Libyan Arab Airlines and had very little information about anything to do with bombs – or Lockerbie. He felt humiliated by Megrahi, who was an official with the Libyan Intelligence Service. “I was treated,” he said, “like a dog when Megrahi came to the office.” That's all reported in my cables, so CIA knew Giaka had a grudge against Megrahi.

This was a personal vendetta, in other words, one that was driven by Giaka’s needs and his changing memory, as Holt elaborated:

Every time I met Giaka, which was each month or two, I would also ask him if he had any information at all about the Pan-Am bombing. All of us CIA and FBI field officers were asked by the CIA to keep pressing our assets for any answers or clues.  His answer was always: No.

I expressed my opinion to the FBI that Giaka was nothing more than a wannabe who was not a real Intel Officer for the Libyans. He had no information [about] Lockerbie, and I told the CIA all this in comments I made in my cables. He went back to Libya at the end of 1989 and I moved on to another assignment.  

In 1991, Giaka told the CIA that he had been exposed and the Libyans would kill him. When he was told he was useless to our intelligence services, he began making up stories. It was only when he needed desperately to get some financial and logistical support from the US to flee Libya in 1991 that he started telling the CIA things relevant to the Pan Am 103 bombing.

This fix was in, however, and Holt found his first-hand view of the case sidelined by his own agency. His cables which illuminated Giaka’s unreliability as a source were not shared by CIA with the Scottish court, while Langley declined to let Holt provide evidence at the trial. “We now all need to admit we got the wrong man, and focus on the real culprits,” Holt explained, pointing a finger at Bill Barr:

I have reason to believe there was a concerted effort, for unexplained reasons, to switch the original investigations away from Iran and its bomb-making Palestinian extremist ally the PFLP—General Command. Now we should focus a new investigation on the Iranians and their links with the bomber…I would start by asking the current attorney general, William Barr, why he suddenly switched focus in 1991, when he was also attorney general, from where clear evidence was leading, toward a much less likely scenario involving Libyans.

In May of this year, the Scottish Criminal Cases Review Commission ordered a fresh look into Abdelbaset el-Megrahi’s conviction. So far, this review has revealed claims that the prosecution presented a distorted version of the late Megrahi’s alleged role based on “cherrypicked” evidence in order to obtain a conviction. Bill Barr won’t be attorney general for much longer and he ought to avail himself of the opportunity to explain why credible information from veteran intelligence officers like John Holt was ignored to make a case against Megrahi, who may not be guilty of his supposed role in the murder of 270 innocent people.

Nearly a year ago, Attorney General Barr delivered remarks about the Pan Am 103 tragedy at a memorial service held at Arlington National Cemetery. He commemorated the dead of Lockerbie: “The Americans who died that day were attacked because they were Americans. They died for their country. They deserve to be honored by our nation.” Barr added that the case remains far from over for him: “In 1991, I made a pledge to you on behalf of the American law-enforcement community: ‘We will not rest until all those responsible are brought to justice.’ That is still our pledge. For me personally, this is still very much unfinished business.” The thirty-second anniversary of the Lockerbie attack is two weeks from today. If Barr meant what he said about resolving that tragedy’s unfinished business, John Holt’s testimony is an excellent place to commence the search for the full truth about what happened to Pan Am 103.

Wednesday 2 December 2020

The real perpetrators of Lockerbie bombing still to be brought to book

[This is the headline over a letter by Rev Dr John Cameron published on the website of the Belfast Telegraph on 1 December 2020. It reads as follows:]

In 1994 Nelson Mandela offered South Africa as a neutral venue for the Pan Am atrocity trial, but this was turned down by John Major.

His offer was also rejected by Tony Blair at the 1997 Commonwealth heads of government meeting in Edinburgh.

In words that still haunt our judiciary, Mandela warned “no one nation should be complainant, prosecutor and judge” in the Lockerbie case.

A life-long friend, the late Graham Cox, was Sheriff Principal of South Strathclyde, Dumfries and Galloway when Fhimah and Megrahi were arrested.

They appeared before him on April 6, 1999 at a makeshift Scottish court at Kamp Van Zeist in Holland.

In spite of his suspicion that the prosecution had arrested the wrong men, this court appearance starting off the subsequent legal proceedings.

Cox had no doubt the bombing resulted from the shooting down of Iran Air 655 by the USS Vincennes in July 1988, or that the Iranians recruited the PFLP-General Command.

Later, when Mandela asked the Kirk to intervene in a “serious miscarriage of justice”, Cox pointed me to the unsafe forensics, the unlikely use of a long-range timer and the fact that the bomb entered the system at Heathrow.

My report for the Kirk was used by Al Jazeera in a documentary which left no doubt of Megrahi’s innocence. [RB: Dr Cameron's report and the Al Jazeera documentary are referred to here, at the text accompanying footnote 46.]

Sadly, Cox warned against any hope that the verdict might be reversed.

Lord Fraser, then our senior law officer, had admitted the key witness Tony Gauci wasn’t “the full shilling”, had been paid $3m by the US and that the trial was a farce, but “nobody wants this can of worms opened”.

Thursday 26 November 2020

Who made the bomb? The full truth about Lockerbie is still not being told

[This is the headline over a long report by David Horovitz published today on the website of The Times of Israel. It reads in part:]

Megrahi went to his grave protesting his innocence, and his family continues to fight to clear his name. This week, Scotland’s highest criminal court is hearing his relatives’ latest appeal against his conviction, after an independent review determined that he might have been the victim of a miscarriage of justice. Among other flaws, the defense is highlighting that the Maltese shopkeeper who identified Megrahi as the man who purchased the incriminating clothing in the suitcase, and whose evidence has always been controversial, was paid for his testimony, a fact that was not disclosed to the defense in the original trial.

I have followed the Lockerbie case since the time of the bombing, when I was working for The Jerusalem Post as its London correspondent, and when I happened to see material in the early stages of the investigation that pointed not to Col. Gaddafi’s Libya, but rather to Iran and the Palestinian terrorist organization PFLP-GC — the Popular Front for the Liberation of Palestine-General Command. Earlier in 1988, the US Navy’s guided-missile cruiser USS Vincennes had shot down an Iran Air Airbus in the Persian Gulf, killing all 290 passengers and crew, in a tragic case of mistaken identity. The US said it had misidentified the civilian airliner as a fighter jet. Iran had promised to avenge the deaths. Ayatollah Khomeini had vowed that the skies would “rain blood.” (...)

Just weeks before the Lockerbie blast, four devices strikingly similar to the one that would soon be utilized to such devastating effect on Flight 103 had been found in the possession of PFLP-GC members arrested in a Frankfurt suburb. That PFLP-GC cell was reported at the time to have been planning to blow up planes heading to the US and Israel. Its bombs, like those the PFLP-GC had used in the past, and like the Lockerbie device, were detonated by a barometric pressure device and timer, activated when a plane reaches a certain altitude. A fifth bomb in the Frankfurt cell’s possession was said to have disappeared; this was presumed to be the device that blew up Flight 103.

The Lockerbie investigators were initially following these leads; then they shifted their focus to Libya. In 2003, Gaddafi accepted responsibility for the bombing — though he denied ordering it — and paid compensation to the victims’ families, in accordance with UN demands for the lifting of sanctions on his country.

Almost seven years ago, a colleague of mine at The Times of Israel noticed that a man named Marwan Khreesat, a Jordanian national, maintained an Arabic-language Facebook page in which he had taken to posting pictures of the Lockerbie bombing. Khreesat was the PFLP-GC’s bombmaker-in-chief, the alleged maker of those barometric-pressure devices. He was one of those who was arrested by the German authorities in Frankfurt, only to be inexplicably released soon afterward. Now he was promising to reveal the truth about Lockerbie — to “write about Pan Am 103,” including “who was on the flight and the circumstances of the incident.”

In his posts, Khreesat also connected himself to the bombing of an El Al plane from Rome to Tel Aviv in 1972, describing that attack as “a challenge to the Israeli intelligence agents who are responsible for searching luggage and everything that goes on a plane.” The 1972 El Al bomb — another barometric-pressure device — had been hidden in a record player that two British women were duped into carrying by two Arab men who were later arrested. Although the bomb exploded, the pilot was able to make an emergency landing. “It was a successful blow against the Israeli enemy,” Khreesat wrote in a March 14, 2014, Facebook post, in which he also described spending time with PFLP-GC chief Ahmed Jibril in Rome as they waited for the attack to unfold.

In several 2013-4 Facebook posts relating to Lockerbie, Khreesat recalled his arrest two months before the bombing. He posted pictures of the destroyed cockpit of the 747 after the explosion, the painstakingly reconstructed parts of the plane wreckage, and a radio-cassette recorder like the one that held the bomb. He also asked a series of unanswered questions about the attack. “Who did the operation?” he mused in a post on the 25th anniversary of the blast. “Israel? Iran? Libya? Who carried the Toshiba explosive device [in which the bomb was hidden]?… Did the explosive device come from Malta airport like the American intelligence agencies say?… When will these riddles be solved.”

This week’s appeal by the Megrahi family was green-lighted by the Scottish Criminal Cases Review Commission in part because of “nondisclosure” of evidence to the defense team in the original trial. Some of that documentary evidence is widely reported to have been provided by Jordan’s late King Hussein and to not only to implicate the PFLP-GC in the Lockerbie atrocity, but to specify that Marwan Khreesat built the bomb.

On Friday, however, the head of the Scottish judiciary, Lord Carloway, ruled that the documents must still be withheld on the grounds of national security. Accepting a secrecy order signed by British Foreign Secretary Dominic Rabb [sic], Carloway explained, “[Rabb’s] clear view is [that the release of the documentation] would cause real harm to the national security of the UK because it would damage counter-terrorism liaison and intelligence gathering between the UK and other states… The documents had been provided in confidence to the government. Their disclosure would reduce the willingness of the state, which produced the documents, to confide information and to co-operate with the UK.”

All manner of conspiracy theories surround the Lockerbie bombing, some of which do not rule out the involvement of Libya and Megrahi, most of which revolve around the fact that nobody has been prosecuted for making the bomb, and many of which focus on the PFLP-GC and Marwan Khreesat.

Over the years, I’ve had the opportunity to raise the question of the Lockerbie bombing with several former Israeli intelligence figures, who were in office at the time of the bombing and well aware of the activities of the PFLP-GC at the time. Two of them insisted without elaboration that “Libya did it” and brushed away further questions. A third, by contrast, told me it was “clear that Jibril prepared the operation.”

Israel was “listening in” on the PFLP-GC during the months prior to Lockerbie, he said, and hearing about preparations for what “we thought was a plan to target an Israeli plane.” There was a “huge alert” in the Israeli security establishment because of indications that the PFLP-GC was about to strike, this source went on. “We told the British and the Americans what we knew, which was that there was an intention to hit an Israeli plane… We didn’t warn about a British or an American plane because we didn’t know that,” he said.

The new appeal hearing is expected to continue until Friday, with a ruling at a later date. “It is submitted in this case that no reasonable jury, properly directed, could have returned the verdict that it did, namely the conviction of Mr Megrahi,” the defense lawyer Claire Mitchell told the judges on Tuesday. But that argument will be harder to make without those “Jordanian” documents, which the defense has said are central to the appeal. If his relatives fail to have Megrahi’s conviction overturned, their allegation of a miscarriage of justice will linger.

Marwan Khreesat died in 2016.

His Facebook page is still online.

But he never did tell the truth about Lockerbie.

Wednesday 18 March 2020

Pan Am 103 Lockerbie bombing: Fresh appeal launched to clear Megrahi

[This is the headline over an article by Steve James published today on the WSWS.org website. It reads in part:]

Relatives ... of Abdelbaset Ali Mohmed al-Megrahi have won the right to posthumously appeal his 2001 conviction for murder following a decision by the Scottish Criminal Case Review Commission (SCCRC). (...)

The Lockerbie attack came only six months after an Iranair Airbus, IR655, was shot down in an unprovoked act of mass murder, by the US missile cruiser, the USS Vincennes. In that instance 290 passengers and crew were killed. At the time, most commentary and media coverage assumed that the Lockerbie atrocity was an act of revenge.

From the outset, however, it was apparent there was some level of foreknowledge or complicity on behalf of the US and British intelligence services. Warnings of an attack on Pan Am flights had been issued. PA103, flying just before Christmas, was half empty because of cancellations. On the crash site in Scotland, numerous reports emerged of unrecorded activity by the FBI, items of wreckage being removed under armed guard, and luggage interfered with.

In 1990, UK citizen Martin Cadman, whose son Bill was killed on the flight, attended a briefing at the US Embassy for relatives of victims of the attack. Cadman was, without prompting, told by an unnamed member of the US President’s Commission on Aviation Security and Terrorism, “Your government and ours know exactly what happened and they are never going to tell.”

By 1991, around the time the Iranian government declared its neutrality during the US Desert Storm war on Iraq, the British and US authorities shifted responsibility for Lockerbie to Libya.

Pinning the blame on Libya served to isolate and pressure the government of Colonel Muammar Gaddafi and provided a pretext for punitive economic sanctions, which undermined the North African country’s oil-based economy.

Magrahi’s trial, at Camp Zeist in the Netherlands, was held under Scots law as part of a deal brokered by South African leader Nelson Mandela between the British and Libyan governments. Its purpose was to allow some veneer of legal process on the rapprochement between the two countries, as Gaddafi abandoned his former radical posturing and US and British imperialism eyed the country’s oil resources.

The trial, however, revealed extraordinary inconsistencies in the Scottish Crown Office case. Not least was that there was no proof that Megrahi, a former Libyan intelligence officer, had ever loaded a comparable suitcase in Luqa airport in Malta, no proof that any unaccompanied suitcase had travelled from Malta via Frankfurt to Heathrow, to be loaded onto PA103, and no explanation of how Luqa airport’s rigorous security was overcome.

Nevertheless, Magrahi was convicted and sentenced to 20 years imprisonment, later increased to 27.

In another of countless inconsistencies, Megrahi’s co-accused, Llamen Fhimah was set free. For his part, Gaddafi duly offered compensation to the attack’s victims without accepting Libyan responsibility. [RB: Libya accepted "responsibility for the actions of its officials" and nothing more.]

Megrahi had an initial appeal rejected in 2002, but the passage of time has only increased the perception that he was the victim of a politically motivated frame-up and show trial.

In 2007, the SCCRC authorised another appeal, reporting there was “no reasonable basis” to place Megrahi in Malta where he had been identified as allegedly purchasing clothing identified as being in a suitcase containing the bomb. However, in 2009 Megrahi, in prison in Greenock, was diagnosed with terminal cancer. He was allowed to return to Libya following an understanding reached with the Scottish government that his appeal should be dropped. Megrahi died in 2012, still protesting his innocence.

In 2011, 10 years after the trial, US, French and British imperialism launched a bloody neo-colonial war to overthrow Gaddafi. It ended with Gaddafi being hunted down and butchered. The country was pitched into a catastrophic civil war, which continues to this day.

This latest appeal was launched by Megrahi’s family and [supported by] the Justice for Megrahi (JFM) campaign. This includes relatives of several victims of the disaster such as Dr Jim Swire, who has steadfastly campaigned for the truth around his 23-year-old daughter’s murder on PA103.

JFM members include Robert Black, a lawyer and one of the architects of the original Camp Zeist trial. Another member is former police superintendent Iain McKie, whose daughter Shirley was the subject of a debacle which, in the end, discredited the Scottish Criminal Records Office entire finger-printing methodology. Shirley McKie was charged with perjury before finally being exonerated and compensated.

A SCCRC press statement reported grounds for allowing the new appeal. Referring to the identification of Megrahi as the purchaser of clothing in the bomb suitcase by Maltese shopkeeper Tony Gauci, the SCCRC concluded that “a miscarriage of justice may have occurred because no reasonable trial court, relying on the evidence led at trial, could have held the case against Mr Megrahi was proved beyond reasonable doubt.”

The SCCRC statement found that the Crown failed to “disclose a statement and a police report” confirming that Gauci had photographs of Megrahi in his possession before he identified him. This “deprived Mr Megrahi a real chance of an acquittal.” The commission also found that “reward money to be paid to Mr Gauci under a scheme administered by the US Department of State” meant that “Mr Megrahi was denied a fair trial.”

Gauci was coached by the Scottish police and bribed by the US government—$2 million was eventually said to have been handed over.

The SCCRC rejected further grounds for appeal relating to:

The date on which Megrahi was identified as having been in Gauci’s shop in Malta

* Evidence emerged of the date at which Christmas lights were switched on in Sliema, Malta and which contradicts the prosecution claim that Megrahi made the purchases. Yet, the SCCRC “decided that the fresh evidence in question is not likely to have assisted Mr. Megrahi’s cause.” In a repeated theme, the SCCRC’s pointed to the fact that Megrahi’s defence team “chose not to lead it in connection with his appeal in 2002.”

The metallurgical characteristics of circuit board fragment PT/35(b)

* This fragment was claimed to be part of an MST-13 timer constructed by MEBO AG of Switzerland. The fragment appeared late in the investigation with records of its discovery apparently altered. PT/35(b)’s significance in the case against Megrahi is that it implicated the Libyan government, which had purchased 20 such timers.

Evidence emerged, and was available early in the investigation, to confirm that the MST-13 circuit board fragment could not have been part of the batch of timers sold to Libya, as the board’s soldering had different characteristics from control samples provided by MEBO. When this was made available to Megrahi’s original defence team, they again, for reasons unclear, declined to use it.

The SCCRC nevertheless found that “the decision by the defence team to proceed without investigating the metallurgy issue did not mean that Mr. Megrahi’s defence was not presented to the court.”

Suitcase ingestion at Heathrow

* This is most damaging to the entire case against Megrahi and was clearly explained in the 2013 book Adequately Explained by Stupidity? by JFM member, Dr Morag Kerr.

Kerr makes a detailed and methodical examination of the recorded progress of all items of luggage through Luqa, Frankfurt and Heathrow airports, their position in the luggage container AVE4041 at Heathrow airport, and their subsequent condition and location when discovered on the hills around Lockerbie. Her conclusion is that the bomb suitcase, a Samsonite Silhouette 400, was introduced in London prior to a feeder flight, PA 103A, arriving from Frankfurt carrying any luggage from Malta.

Kerr makes clear that, despite the vast and complex investigation, this suitcase has no known provenance and its owner has never been identified. It was noticed by several airline staff prior to and during transfer to PA 103. It appeared the day after a highly unusual break-in to the Heathrow luggage storage area adjacent to where AVE4041 was loaded.

The SCCRC agreed that “If accepted, this would fatally undermine the Crown case,” but claimed the allegation lacked information highlighted by Operation Sandwood—a four-year police inquiry into allegations of police criminality during the Lockerbie investigation made by JFM.

This counterclaim is not substantiated. Operation Sandwood concluded in 2018 that “no criminality” had been found. Its report has not been published, nor the basis of its findings released.

Learning of the news of the appeal being allowed, Megrahi’s youngest son, Ali, told The Times “If the world discovers the identity of the true bomber, it will have to accept that it was not my father. Those who lost their loved ones deserve to know the truth, who was responsible and why it happened.”