Now here’s an interesting story

The following article has just appeared on the Guardian’s website, under the headline Libya may bar UK police from visiting to investigate Lockerbie bombing. The country’s interior minister Fawzi Abdel A’al should be applauded for highlighting the UK government’s hypocrisy and for overturning the assumption that the new regime will toe the UK/US line on Lockerbie.

 

Libya has all but closed the door on allowing British police to travel to the country to investigate the Lockerbie bombing and the killing of the police officer Yvonne Fletcher.

The interior minister, Fawzi Abdel A’al, said there was no treaty allowing UK police to visit Libya, and any agreement at some future date might depend on whether Britain answered questions about its past involvement with Muammar Gaddafi’s regime.

“There is no treaty between Britain and Libya to allow such a thing,” he said in an interview with the Guardian and Agence France Press.

“The Libyan people have questions for Britain when talking about this case,” he said of Fletcher’s death. “Why did they shut up about this all these years and bring it up now?”

Discussing Lockerbie and the release of the convicted bomber Abdelbaset al-Megrahi on compassionate grounds, he said: “Didn’t America and Britain accept millions of dollars from Gaddafi as the price to end this case? Who let Abdelbaset al-Megrahi go? Did we?

“Do you remember when Fletcher was killed? We are now in 2012. Where was the British government from 1984 until 2011?”

He said Britain needed to explain the reasons for the rapprochement between Britain and the Gaddafi regime in 2004, sealed when the former prime minister Tony Blair visited Libya.

“Why did the British government improve its relations with Gaddafi? Something happened in this case between the former Libyan regime and the British government to end this dispute. Didn’t the former British prime minister Tony Blair visit Libya more than one time? Saif al-Islam [Gaddafi’s son] came out one time in a statement to say that Blair was an adviser to his father. Blair was an adviser to Gaddafi after he left the government.”

Abdel A’al, a former Misratan district attorney who is seen by diplomats as a high flier in Libya’s cabinet, was appointed to the job in November and has access to tens of thousands of files detailing the Gaddafi regime’s dealings with foreign powers.

He said he might consent to an investigation by Libyan authorities without the involvement of UK police.

“We see that the best way to solve this now is that the British government ask the Libyan authorities to open an investigation inside Libya, and for the Libyan side to hand in all the information they have on this case so the Libyan authorities can start investigations.”

His statement is likely to be viewed as a setback to both the Metropolitan police, investigating the 1984 killing of Fletcher by shots fired from the London Libyan embassy, and Scottish police wanting to pursue the bombing of a Pan Am flight over Lockerbie in 1988.

In December the minister for the Middle East, Alistair Burt, met Abdel A’al in Tripoli and announced that Libya had agreed to allow UK investigators to visit Libya.

Instead, Libya’s authorities seem to have decided against it, although the governing National Transitional Council is due to hand over to an elected government in elections expected in June.

Abdel A’al said he had no animosity towards the British people. “Britain is loyal to the Libyan state and I don’t think the British politicians or the British people are trying to embarrass the Libyans by bringing up these cases at this time,” he said.

The interior minister also said he had armed units ready to attack a militia base in Tripoli to liberate two British journalists being held there, but wanted to give negotiations a chance.

The reporter Nick Davies and cameraman Gareth Montgomery-Johnson have been held by a Misratan militia at a base on Tripoli’s seafront since 23 February, accused of possible espionage.

“We have the capacity to raid this base, we are capable of applying a military solution, but this would cost a lot of blood so we continue to negotiate,” said Abdel A’al.

He said the Misratan militia unit had no authority for its capture and detention of the journalists. “The behaviour is completely illegal. Why do they detain journalists or anyone? We do not recognise any measures taken by this militia,” he said.

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And this year’s Pulitzer prize goes to …

The BBC has today run a story, by home affairs correspondent Reevel Alderson, based on the SCCRC’s statement of reasons. I don’t intend, at this point, to comment upon those aspects of the story that concern Abdelbaset’s private life, other than to say that: 1) they have no bearing upon the safety, or otherwise, of his conviction; and 2) I’m appalled that the BBC could be so insensitive towards his family.

The more significant element of the story is the ‘revelation’ that Abdelbaset could have travelled to Malta without using his passport. This has made its way into a number of newspapers, including the Scotsman, whose report can be read here.

Alderson attributes the revelation to ‘Previously secret documents, seen by BBC Scotland’. If he had bothered to read Megrahi: You are my Jury, he would have known that the story was in fact first told on page 114, in which Abdelbaset states:

Had I wished to enter Malta [on 20 December 1988] without a written record of my visit, I would not have bothered with a passport, as my flight dispatcher’s identification was still valid. This would have enabled me to travel as part of an LAA flight crew and thus bypass Passport Control and avoid having to fill out a disembarkation card. As it was, we flew by Air Malta, rather than LAA. In reality, even if there was no paper record of my entry, I couldn’t hope to enter Malta anonymously, as I had spend a lot of time at the airport over the previous four years and was therefore known by sight to plenty of Air Malta staff.

Alderson’s article reports:

… defence lawyers realised if the original trial had known how easily Megrahi could travel undetected to Malta it could have strengthened the prosecution case. The SCCRC document says: “If the applicant (Megrahi) had spoken to this in evidence it would have removed the need for the Crown to establish the date of purchase of the items from Mary’s House as 7 December 1988.”

This suggests that the SCCRC concurred with the defence lawyers. In fact the quoted passage was reporting the view of Abdelbaset’s junior counsel, John Beckett, who was interviewed by the SCCRC. The complete sentence, which appears in paragraph 18.50 of the statement of reasons, reads:

‘Mr Beckett considered that if the applicant had spoken to this in evidence it would have removed the need for the Crown to establish the date of purchase of the items from Mary’s House as 7 December 1988.’

Alderson omits to mention that the SCCRC fully considered this issue and concluded, at paragraph 27.108:

In the Commission’s view while such evidence might ultimately have proved
unhelpful to the defence it also begs the question as to why the applicant would not have chosen to travel to Malta by this means on the crucial dates in December 1988, assuming these visits were connected to the bombing. In other words, if the applicant did indeed purchase the clothing on 7 December 1988 it is difficult to understand why he travelled to Malta using a passport in his own name when there was an alternative means available to him which would have minimised the possibility of his movements being discovered. Similarly, while the applicant’s use of a coded passport on 20-21 December 1988 went some way to obscuring his presence in Malta during that visit, it still required him to complete embarkation cards, something which he could have avoided had he travelled in uniform.

The SCCRC might have added that Abdelbaset freely volunteered the fact that he could enter Malta without a passport. If he was a terrorist, he would surely have kept schtum.

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Scottish Review of Books review

The Scottish Review of Books has published the first substantial review of the book. Written by the SRB’s editor, Alan Taylor, it appears under the headline Who was the Lockerbie bomber? and can be read here or below.

There is only passage to which I feel I should respond. It reads:

Megrahi repeatedly insists his desire to offer his contribution comes not because he wants to point  blame at anyone for the killing of 270 people. That is understandable. If he didn’t do it that doesn’t mean to say he knows who did. It is odd, though, that in relating his own story he asks readers to take so much on trust. While one is not saying that men such as Bishari and Gaddafi are comparable to Nazis – though they may well be – they were clearly dangerous and had it within their power to decide who lived and who died, who thrived and who were deprived. At no point, however, in his account does Megrahi acknowledge this. Thus we are left dangling and wondering whether he was just another hapless cog in a terror-state’s wheel or whether he was much more savvy and involved than he would have us believe.

The first person sections of the book were all completed well before the Libyan revolution and I have had no contact with Abdelbaset since then. Given that he was reliant on the regime to protect his family, he could not afford to say anything remotely critical about Gadafy. Just about everyone in Libya worked for the state in some capacity and, as in all dictatorships, those who were well connected tended to thrive. Abdelbaset does not hide the fact that he was related to some powerful and reviled figures and that those connections sometimes worked to his advantage. He could easily have glossed over these relationships. He does not ask readers to take things on trust, rather he invites them to consider the evidence and make up their own minds.

 

Who Was The Lockerbie Bomber? – Alan Taylor

It happened in the second last year of the reign of Ronald Reagan. On the evening of 21 December 1988, Pan Am Flight 103 imploded above Lockerbie instantly killing the 259 passengers and crew. On the ground, in the Dumfriesshire town which then had a population of around 4,000, a further eleven people died, all residents of Sherwood Crescent, on to which fell the plane’s fuel-heavy wings. It was Britain’s, and therefore Scotland’s, worst ever aviation disaster. 

The majority of those on board were American, returning home for the Christmas holiday. In Megrahi: You Are My Jury, which John Ashton has written with interjections from Abdelbaset Al-Megrahi, the bomb that ripped through the plane’s fuselage is compared to the opening of a tin can. In his novel, Rabbit at Rest, John Updike allowed Harry ‘Rabbit’ Angstrom to offer a more colourful simile. It was, he reflected, like the ripping open of ‘a rotten melon’, which served also as a simile for the United States under Reagan.

‘Imagine sitting there in your seat being lulled by the hum of the big Rolls-Royce engines and the stewardesses bringing the clinking drinks caddy and the feeling of having caught the plane and nothing to do now but relax and then with a roar and giant ripping noise and scattered screams this whole cozy world dropping away and nothing under you but black space and your chest squeezed by the terrible unbreathable cold, that cold you can scarcely believe is there but that you sometimes actually feel still packed into the suitcases, stored in the pressurized hold, when you unpack your clothes, the dirty underwear and beach towels with the merciless chill of death from outer space still in them.’

Rabbit, alone among his Floridian golfing buddies, rather admired Reagan. What he liked in particular was the way he ‘floated above facts’ and his realization that there was more to government than facts. For Rabbit, a retired car dealer, heading towards a fatal heart attack before he was 60, life under Reagan was like being under an anaesthetic. By Rabbit’s lights, the world was a better place because of him. He had the magic touch. ‘He was a dream man.’

When Pan Am Flight PA103 blew up, Reagan was 76 years old. In his intimate memoir of him, Dutch, Edmund Morris makes no mention of Lockerbie and the plane with which it will forever be associated. Nor, indeed, does Margaret Thatcher in her autobiography, The Downing Street Years. It would appear that the two great leaders of the free world had bigger fish to fry. It is hard to avoid the conclusion that Lockerbie was not on their radar. In Reagan’s case, however, the omission, the oversight, is curious. Throughout his presidency he had been preoccupied with rogue states, prime among which were Iran, North Korea, Cuba, Nicaragua, and Libya. In a speech in 1985 to the American Bar Association, he said: ‘All of these states   are united by one simple criminal phenomenon – their fanatical hatred of the United States, our people, our way of life, our international stature… The American people are not – I repeat, not – going to tolerate intimidation, terror and outright acts of war against this nation and its people. And we are not going to tolerate these attacks from outlaw states run by the strangest collection of misfits, Looney Tunes and squalid criminals since the advent of the Third Reich…We must act together, or unilaterally if necessary, to insure that terrorists have no sanctuary – anywhere.’

Arguably the most hated of Reagan’s ‘misfits’ was Libya’s Colonel Gadaffi, whom he called ‘the mad dog of the Middle East’. Since he seized power of Libya, which has a population of around four million, in 1969, Gadaffi had acted as a ruthless and eccentric dictator.  The Central Intelligence Agency (CIA) was convinced it was Gadaffi who ordered the shootings in December 1986 of Americans at Rome and Vienna airports. There was, said Reagan, ‘irrefutable evidence’ for this. Less than a month later he ended all economic ties with Libya and ordered all Americans – about 1000-1500 – immediately to leave the country, telling them that if they stayed they would face repercussions when eventually they returned home.

Some interpreted this as a warning that force was about to be used against the Liby-ans but this was denied by the White House. As Richard Reeves, author of President Reagan: The Triumph of Imagination, noted, this was not true. ‘The President ordered the Sixth Fleet to once again conduct manoeuvres in the Gulf of Sidra, inside Gadaffi’s Line of Death along the coast of Libya. He wanted a repeat of the manoeuvres that had led to air combat and the shooting down of two Libyan jets in 1981. And he wanted assurances about a possible Soviet military response – “Could this lead us into trouble?” he asked the chairman of the Joint Chief of Staffs, Admiral William Crowe – but his military men were confident that action in the Mediterranean would not trigger a response. “All right,” the President said. “Let’s do it.”’

Every one of America’s allies thought this was not a good idea. Even Thatcher cautioned against it, deeming it a mere act of revenge and, moreover, a violation of international law that might stoke up trouble further down the line. Reagan went ahead anyway. Early in March 1986 US planes sank Libyan patrol vessels. Over the next few weeks, 56 Libyans were reported to have been killed and no Americans. On 5 April, in the early hours of the morning, a bomb went off in a nightclub in West Berlin killing one American and injuring 60 other men and women. Libya and Gadaffi were immediately identified as the perpetrators. The American response came ten days later. Deploying 18 F-111 bombers and the aircraft carriers America and Coral Sea, various targets in Libya were attacked. One parcel of bombs fell in a residential area of Tripoli, killing civilians and damaging the French embassy.

‘We have done what we have to do,” Reagan told the American people. ‘If necessary, we will do it again. Before Gadaffi seized power…the people of Libya had been friends of the United States. And I’m sure most Lib-yans are disgusted that this man has made his country a synonym for barbarism around the world… He counted on America to be passive. He counted wrong.’ Told by the CIA that Gadaffi used makeup and was believed to wear women’s clothes and high heels, Reagan quipped” ‘Maybe we could stop the terror by letting himself into Nancy’s closet.’

* *

Like Ronald Reagan and, for that matter, Margaret Thatcher, Abdelbaset Al-Megrahi was not unduly exercised by what happened over Lockerbie. Or at least no more than he was by other airline tragedies. As someone who had spent much of his adult life in the airline industry, he says he remembers seeing on television the ‘unearthly scenes’ of the site of the crash and the ‘raw grief’ of the bereaved. Similarly, he empathized with the staff of Pan Am, who he knew would be ‘deeply affected’. However, he insists his concern was simply that of the interested, concerned bystander, industry insider and fellow human being. That he might one day be accused of planting the bomb which blew flight PA103 out of the wintry night sky never in his wildest nightmares occurred to him. Why would it? Was he not a caring, loving man devoted to his family doing his best to get by in troubled times?

In Megrahi: You Are My Jury, Megrahi says he learned of the disaster a day after it happened. On what he describes as ‘an otherwise ordinary day’, the only remarkable event he can recall was a family gathering to celebrate the birth of his week-old niece. Nor, it would appear, did he think he had any cause to worry. It was not until more than two years later, in the spring of 1991, that Megrahi came to realize that his fate and future would be ‘inextricably linked’ to the bombing. It was then, he says, that he took a call from an unidentified colleague in Libyan Arab Airlines (LAA) who told him that he had been visited by representatives of the Federal Bureau of Investigation (FBI) and representatives of the Scottish and Swiss police who asked questions about Megrahi in connection with Lockerbie.  The colleague told them that Megrahi was ‘a normal, decent man’. For his part, Megrahi says he expressed a willingness to go to Switzer-land for questioning, which his LAA contact counselled against him doing.

Shortly thereafter, Megrahi says he received a call from a Maltese man named Vincent Vassallo, who ran a travel agency with Lamin Fhimah, who had formerly been an LAA colleague of Megrahi’s. Vassallo told him that the FBI and the Scottish policemen had visited his office and asked about Fhimah’s diary for 1988. Fhimah, notes Megrahi, was as ‘puzzled’ as he was over these developments. Nevertheless Fhimah said he was happy for the diary to be handed over and was willing to go to Malta, which is as near to Tripoli as Edinburgh is to York, for questioning. And there, says a ‘curious’ Megrahi, the matter lay dormant for several months. It was not until 14 November, 1991, and nearing the third anniversary of the Lockerbie bombing, that he received news via the BBC’s Arabic radio service that he and Fhimah were being charged with the murder of 270 people. ‘In an instant,’ he writes, ‘I was plunged into a nightmare from which there seemed no escape. Amid the mental firestorm, all I could think was “Why us?”. We were loving family men, who respected all human beings regardless of their nationality, religion or colour.’

* *

Who is Abdelbaset Al-Megrahi? In his own eyes, and those of many others, including his co-author, John Ashton, he is the victim of one of the greatest injustices ever perpetrated against someone who is innocent of the crime of which they have been accused, tried and found guilty. Among those who insist he did nothing wrong are the signatories to The Justice for Megrahi Campaign. They include Dr Jim Swire, whose daughter Flora was one of PA 103’s passengers, Archbishop Desmond Tutu and Cardinal Keith O’Brien, head of the Catholic Church in Scotland. Others, however, are just as adamantly convinced that he is culpable, claiming that if he did not act alone, then he was a willing instrument of Gadaffi’s murderous state. After a long, costly, historic and unprecedented trial at Camp Zeist in the Netherlands, three Scottish judges found him – but not his co-accused Fhimah – guilty and sentenced him to life imprisonment. In 2001, Megrahi unsuccessfully appealed his conviction. Still others remain to be convinced by either side.

Ashton, who was employed by Megrahi to work alongside his lawyers as they prepared the case to overturn his conviction, says that his ‘near certainty’ of his innocence is based on ‘my knowledge of the man himself’. That man, Megrahi reveals, was born in Tripoli in 1952, the third of eight siblings. His father worked for the Libyan customs service while his mother looked after the home. Initially, their house was shared with two other families. As a child Megrahi was sickly and had   twice daily injections for a chest infection.

‘Like most people in Libya,’ he writes, ‘I was brought up a faithful Muslim. Islam was, and remains, the binding force of our society; but, although we are a devout country, we have never been an extremist one. Sadly, that is a distinction that has been obscured by the hysterical rhetoric of the War on Terror. To me, and every Libyan I know, Islam is a religion of peace and charity, which can never be twisted to justify violence.’

After leaving school in 1970, he studied marine engineering at Rumney Technical College in Cardiff. Of his time there he offers few details. Marine engineering, it seems, did not greatly appeal to him but, in any case, he had no option but to abandon his studies and return home because of poor eyesight.  Back in Tripoli, he says he answered an advert for a job for a flight dispatcher with LAA – which has been described as ‘a known cover organization for Libyan intetlligence’ – and got it. Flight dispatchers are responsible for the safe and speedy turnaround of an aircraft. They must check that all the different departments have done their work properly to prepare aircraft between flights, including cleaning, refuelling and the loading of luggage. They must also ensure that other staff, such as cabin crew and engineers, have done their checks, and that all passengers have boarded the aircraft. Once satisfied that everything is as it should be the dispatcher is free to release the plane for ‘dispatch’.

Most of Megrahi’s training took place in Libya. At one point, though, he was sent to Pakistan to obtain a ‘Flight Operations Officers Licence’. Why Pakistan? He does not say. Nor does he explain why the training there ‘didn’t go well’. Subsequently, his training was completed in the United States. After four years in the job Megrahi had been promoted several times, first to Chief Flight Dispatcher, next to Controller of Operations at Tripoli Airport, and finally to Head of Training. Thereafter, he had a spell in academe but returned to work for LAA in 1979.

It was around this time, he says, that he got to know Lamin Fhimah. Like him, Fhimah had trained originally as a flight dispatcher, based at Tripoli Airport. Later, in 1982, he was appointed Malta Station Manager, where Megrahi would make a point of seeing him. ‘We would often go shopping together,’ he explains, ‘as he knew the best places to buy essentials and gifts that I wanted for my family. We were never close friends and didn’t socialise much together, but he was a nice man and good at his job. After the indictments were issued against us, one newspaper quoted an anonymous source who claimed he was a religious fanatic committed to destroying America. This was a total fabrication. Lamin loved life in Malta and the Western-style freedoms on offer there, including the chance to drink. He was popular and considerate, in short the last person who would commit mass murder in the name of Islam, or any other cause.’

In the months and years ahead Megrahi’s associations and history and ability seemingly to travel unimpeded (and on occasion unrecorded) from one country to another, without even using a passport in his own name, would be used as arguments to condemn him. The irony, of which he is not oblivious, is that one of his responsibilities as a flight dispatcher was to keep abreast of terrorists threats, on which he was informed by the Jamahiriya Security Organisation (JSO), Libya’s intelligence and security service, which many western observers believe pulled the strings of the LAA and which is usually glossed with the word ‘feared’. While Megrahi is eager to distance himself from any involvement with the JSO he does concede that at one time, when he was Head of Security at LAA,  he was on ‘secondment’ to the JSO.

‘It was the only time I ever worked for the JSO,’ he writes, ‘yet the US and Scottish prosecutors branded me a senior intelligence agent, a claim slavishly parroted by the world’s media ever since.’ Yet, a few sentences later, he relates how he became coordinator of the Centre for Strategic Studies (CSS) in Tripoli, ‘which was the brainchild of the former Foreign Minister and JSO chief, Ibrahim Bishari, [and which] was intended to ensure the Government was better informed about world events.’

How well Megrahi knew Bishari, who throughout the 1980s was the alleged overseer of Gaddafi’s terrorism programme, and what his connection to him precisely was, he does not spell out. All he does say, is that the CSS, which did have at least three JSO members on its books, was a ‘straightforwardly academic’ organisation, its interests ranging from water resources in Africa to the economy of the Soviet Union. With one exception: a study of Islamic fundamentalism among young people in Libya: ‘There had been an upsurge of the phenomenon resulting in some violent disturbances, which had generated serious security concerns. The Centre was called upon to help the JSO, and the Government as a whole, to understand the problem. I met with some of the professors to discuss how they might best research the issue. It was agreed that we should gather as much international literature as possible on the subject. They also wanted to interview fundamentalists who had been jailed following the disturbances, but permission was refused, probably because the JSO didn’t trust the Centre to do its spying.’

Throughout Megrahi: You Are My Jury, the bulk of which is a meticulous, detailed and impressive piece of work written by John Ashton, Megrahi repeatedly insists his desire to offer his contribution comes not because he wants to point  blame at anyone for the killing of 270 people. That is understandable. If he didn’t do it that doesn’t mean to say he knows who did. It is odd, though, that in relating his own story he asks readers to take so much on trust. While one is not saying that men such as Bishari and Gaddafi are comparable to Nazis – though they may well be – they were clearly dangerous and had it within their power to decide who lived and who died, who thrived and who were deprived. At no point, however, in his account does Megrahi acknowledge this. Thus we are left dangling and wondering whether he was just another hapless cog in a terror-state’s wheel or whether he was much more savvy and involved than he would have us believe.

* *

For many Libyans, including Megrahi, Malta represented escape and refuge. You could buy things there, including nappies, bottled water, fruit and medicines, that you couldn’t buy in Libya where US-imposed sanctions often made life intolerable. Doubtless other, less savoury, opportunities presented themselves. For Megrahi, it appears to have become a home from home. On occasion, he says, he would travel there overnight, telling his wife, Aisha, that he was staying somewhere in Libya. She was not happy, it seems, with his frequent absences abroad, where he Abdelbaset Al-Megrahi: ‘You know me as the Lockerbie bomber. I know that I am innocent’was involved in businesses, such as importing cars, which entailed the transfer into his bank account of large sums of money. Sometimes he acted as a government intermediary, at other times he was engaged in his own interests. He says he did not like to upset Aisha by always telling her the truth about his whereabouts. Incredibly, he says he even managed to hide from her for a day the fact that he had been named as one of the prime suspects of the Lockerbie bombing. ‘I disliked deceiving her in this way,” he writes, regarding the foreign trips, ‘but neither did I wish to see her upset, so I considered it the lesser of two evils. At the time the Libyan telephone service was fairly poor, so, even if she wanted to, it would have been difficult to check up on me.’ Deception, it seems, came quite naturally to this Muslim family man.

It was because of his visits to Malta that Megrahi came to the attention of Scottish police. Items of clothing which were believed to have been wrapped around the fatal bomb were traced to a shop. As John Ashton puts it: ‘The Lockerbie investigation first tilted towards Malta on 22 May 1989, when RARDE [Royal Armaments Research and Development Establishment] forensic scientist Dr Thomas Hayes examined a blue and white mass of fabric labelled PK/669, which had been found in Northumbria a week after the bombing. On untangling it, he discovered that it consisted mainly of a clothing label, which read “Age 12–18… height 86 com…75% modacrylic…25% polyester…Rib 100% acrylic…Keep away from fire…Made in Malta.” Two facts were clear: the item was heavily blast-damaged and it originated from a children’s garment. There was also a plastic tag in the label, suggesting it had never been worn.’

Hayes deduced that the garment had been placed very close to the bomb along with the other luggage in the hold of PA103. If it could be traced back to its owner the identity of the bomber might be revealed. After a few months, the manufacturer of the clothing was found, as, soon thereafter, was the shop, Mary’s House, in the Maltese town of Sliema in which it was sold. All that was needed now was for whoever sold it to identify who’d bought it.  To the jubilation of DCI Harry Bell and Detective Sergeant William Armstrong, Tony Gauci, the son of the owner of Mary’s House, said he had a vivid recollection of the transaction. It had stuck with him, he explained, because the man who bought it had also bought several other items, none of which took much persuasion for him to purchase. ‘It was as if anything I suggested he buy he would take it,’ said Gauci.

But what did he look like? Gauci, whose job it was to assess someone’s measurements in an instant, barely hesitated. This is what he initially told the Scottish policemen. ‘He was about six feet or more in height. He had a big chest and a large head. He was well-built but he was not fat or with a big stomach. His hair was very black. He was speaking Libyan to me. I can tell the difference between Libyans and Tunisians when I speak to them for a while. Tunisians often start speaking French if you talk to them for a while. He was clean-shaven with no facial hair. He had dark-coloured skin. He was wearing a dark-coloured two piece suit. I think it may have been blue-coloured. His overall appearance was smart.’

Gauci, who would later be described by Lord Fraser of Carmyllie, the former Lord Advocate as ‘not quite the full shilling’ and ‘an apple short of a picnic’, was for the police the witness of their dreams. Having provided them with a portrait of the suspect, they now tried to get him to specify a date. A time proved easier. It was not long before the shop closed at 7 pm, perhaps about half an hour before. Gauci said that he was alone because his brother Paul was watching football on TV elsewhere. He also recalled that the bill came to £76.50 which, he said, was paid in cash.

Over the following few weeks Gauci was interviewed numerous times. Then, on 26 September, Gauci informed the police that the mysterious stranger had been in the shop the previous day. Again he gave a description, confirming many of the details he’d given previously, but adding that the clothes buyer was around 50 years old when Megrahi was 36. He was also a few inches smaller than the man Gauci said he’d served, lighter skinned and with a receding hairline. Gauci said he hadn’t contacted the police immediately because his father and brother had warned him that ‘something bad’ might happen to him. Meanwhile, Paul Gauci settled on 7 December, 1988, as the day he had been watching football, over which there would be much debate during Megrahi’s trial. Even then, however, he declined to make a formal statement. All Tony could say was that the date was either in November or December.

For the police, the key breakthrough in this many-tentacled investigation came on 15 February 1991 when they put twelve photographs in front of Tony Gauci and asked him if any of them showed the man who had come into his shop. Gauci, writes Ash-ton, ‘studied all the photographs, then told [DCI Harry] Bell, “They are all younger than the man who bought the clothes.” Bell asked him to try to allow for any age difference and to judge which most closely resembled the man. Gauci looked again, at one point picking up the card. He studied Abdelba-set’s photo three times. [DC] Crawford subsequently described thinking to himself, “He’s gonna pick him.” And sure enough, Gauci  did. “I would say that the photograph at No. 8 is similar to the man who bought the clothing,” he said, adding, “the hair is perhaps a bit long. The eyebrows are the same. The nose is the same and his chin and shape of his mouth at are the same. The man in the photograph No. 8 is in my opinion in his thirty years. He would perhaps have to look about ten years or more older and he would look like the man who bought the clothes. It’s been a long time now [two and a quarter years] and I can only say that this photograph No. 8 resembles the man who bought the clothing, but it is younger.” At the end of the statement he added, “I can only say that of all the photographs I have been shown this photograph No. 8 is the only one really similar to the man who bought the clothing…other than the one my brother showed me.”’

This, adds Ashton, is a reference to Mohamed Abu Tald, another suspect whose photograph had appeared in the Sunday Times and which Paul had shown to Tony. But the police were not interested in that. They had their man, or so they supposed.

* *

It would be wrong to suggest that it was only Tony Gauci’s testimony which led to the conviction of Abdelbaset Al-Megrahi for the Lockerbie bombing. Equally it would be wrong to say that his conviction would have been obtained and upheld without it. Reading his statements to the police, which are included here as an appendix, what is instantly apparent is their unreliability. Taken together, remarks John Ashton, ‘they reveal a man with an unremarkable constellation of excusable human frailties: uncertainty, suggestibility, eagerness to please and, above all, inconsistency.’

For the police, however, and the prosecutors, and doubtless some politicians, Megrahi   was the perfect fit for a horrible crime. For a start, he was Libyan, and the bone American wanted to pick with that country still had plenty of meat on it. As an employee of LAA, an organization umbilically attached to Libya’s intelligence security service, he could come and go as he pleased. Moreover, as a flight dispatcher, he knew his way around airports, especially Malta’s, and aeroplanes.

But what’s missing is irrefutable evidence to tie him directly to the bombing on PA 103. Unlike other suspects, such as those attached to the PFLP-GC, a violent Palestinian splinter group founded by Ahmed Jibril, Megrahi had no track record as a terrorist, and there is nothing in his CV to link him with other terrorists. He did not know how to make bombs or set them to go off at the right moment. It’s possible that he could have been acting under the orders of Gadaffi and Bashiri but again there is no paper trail to follow or evidence to back this up. Those seeking to absolve Megrahi of blame see the unprovoked attack on 3 July 1988 on an Iranian plane by an American battle cruiser, the USS Vincennes, as significant and timely. En route from Bandar Abbas in Iran to Dubai, the plane was shot down over the Persian Gulf with loss of 290 people, many of whom were travelling to Mecca for the annual Hajj pilgrimage. Though George Bush, who was then vice-president, claimed that the ship had gone to the aid of a neutral vessel that was under attack from an Iranian gunboat, it was later revealed that the ill-fated plane was not descending but still climbing after take-off. It was also revealed that the gunboat in question was not involved in attacking another vessel but simply returned fire after the Vincennes – known, as even Updike’s Rabbit recalls, for its ‘aggressive and imprudent actions’ – attacked it. No apology or compensation, however, was forthcoming from the US. On the contrary, Ronald Reagan awarded the entire crew of the Vincennes the Combat Action Ribbon, and its captain later received the Legion of Merit for ‘exceptional meritorious conduct in the performance of outstanding service as commanding officer.’ As John Ashton writes, ‘The Iranian government was, unsurprisingly, enraged by the slaughter.  State radio warned that the deaths would be avenged “in blood-spattered skies” and President Ali Khamenei promised that the country would employ “all our might…wherever and whenever we decide”.’

Whether that remained an empty threat or was fulfilled with the destruction of PA 103 we may never know. Certainly, Megrahi, who is said to be close to death (as he has been since his release from Greenock Prison in the autumn of 2009) is determined not  to point blame at anyone. All that concerns him, he says, as he waits in life’s departure lounge, is the pursuit of truth and justice. It is up to the readers of this book, he insists, to decide whether he is guilty or innocent. Some, surely, will be persuaded that he is innocent while others will be unable to see how three eminent judges could make such a terrible mistake. Still others may be inclined to opt for a not proven verdict.

My inclination is to believe that he is an honest and sincere man caught up in a nightmare from which there is no possibility of awakening or ever forgetting what happened to those 270 homeward bound for the holidays. ‘How much did they know as they fell,’ wonders Rabbit, as he awaits the arrival of his son and his family at Southwest Florida Regional Airport, ‘through air dense like tepid water, tepid gray like this terminal where people blow through like dust in an air duct, to the airline we’re all just numbers on the computer, one more or less, who cares? A blip on the screen, then no blip on the screen. Those bodies tumbling down like wet melon seeds.’

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Sunday Herald interview

Today’s Sunday Herald carries an in-depth interview with me, which can be read here.  Please note that, if the case were to be referred back to the court of appeal by the SCCRC, it would effectively have to pass three tests, not, as stated, two.  A new ‘finality and certainty’ test was introduced under emergency legislation in 2010 in the wake of the Cadder case. Professor Black has written helpful critiques of the test, which can be read here and here.

 

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Response to MacAskill statement

Below is the statement made by Kenny MacAskill to the Scottish Parliament this afternoon. My comments are in regular typeface at the end of each section.

 

Presiding Officer, can I once again put on record my sympathy for the relatives of all those lost in the Lockerbie atrocity. Whether it is American and the many other nationalities murdered in the air or Scots lost on the ground, the anguish remains with them constantly.  However, I have been asked by the opposition to make a statement to Parliament on this matter once again and am willing to do so. Both myself and this Government have always sought to be as open and transparent as we can be on all matters relating to Lockerbie. The need for this statement relates to claims made in a book written by a former researcher with Mr Al‑ Megrahi’s legal team.  

Presiding Officer, these claims are wrong. Minutes of meetings relating to Mr Al‑Megrahi were made at the time and have, except where permission was not given by other Governments, been published. A minute of my meeting with Libyan representatives is one of them.  Unlike the claims of recent days, these minutes are not hearsay but an accurate record made at the time.  The minute of the relevant meeting, which took place on 10 August 2009, runs to just 1 page, at least a third of which is taken up by the list of attendees, and contains only five points. It cannot possibly be described as a full minute. You can view it here. The minister should state who produced the minute and whether they did so contemporaneously.

This minute has been in the public domain since September 2009.   It is quite clear and refutes the assertions made. The minute quite clearly refutes nothing. The alleged conversation in question would almost certainly not have been minuted

These records are made by impartial civil servants to ensure there is a proper historic record of important discussions.  See first comment above.

In addition to the minute kept, Presiding Officer, let me be quite clear. Scottish Government officials were present throughout my meeting with Mr Al-Obeidi.  This does not preclude Mr MacAskill telling Mr Obedi that it would be easier for him to grant compassionate release if Abdelbaset dropped his appeal.

At no time did I or any other member of the Scottish government suggest to Mr Obeidi, to anyone connected with the Libyan government, or indeed to Mr Megrahi himself, that abandoning his appeal against conviction would in any way aid or affect his application for compassionate release. This is close to an absolute  denial of Obedi’s claim. However, according to Abdelbaset, Obedi said that MacAskill told him dropping the appeal would make it easier for him to grant compassionate release, not that it would aid or effect the application. This is a subtle difference, which may or may not be significant.

 Let us remember what the two different processes were:  One process was an application under the Prisoner Transfer Agreement, made by the Gaddafi regime.  This required an end to any appeal proceedings before a transfer could happen. The second process was an application for compassionate release made by Mr Al-Megrahi himself, to which no such condition applied. We vigorously opposed the Prisoner Transfer Agreement, negotiated by the then UK Government with the Gaddafi regime, not least because it represented interference in the Scottish legal process. We wrote to the UK Government no fewer than eight times, between June 2007 and September 2008 setting out our opposition. I considered but rejected the application for Prisoner Transfer made in respect of him. And I granted a request for compassionate release submitted by him as I believed it adhered to the laws and values we hold in Scotland. I did so on the evidence before me from the Parole Board, the Prison Governor and Director of Health and Care in the Scottish Prison Service. The Scottish Government had no interest whatsoever in Mr Al-Megrahi’s appeal being abandoned .  Really? Even though it would have dragged the reputation of the Crown Office through the mud?

I had no involvement in Mr Al-Megrahi’s decision to drop his appeal against conviction – that was entirely a matter for him and his legal team. It was, in fact, a matter for Abdelbaset alone.

 However Presiding Officer, one thing that is now clear from this new book as detailed on page 352, is that Mr Al‑Megrahi signed a provisional undertaking to abandon his appeal on March 23 2009. It is clear therefore he was considering dropping his appeal several months before either the two applications were put before me. At the time Mr Al-Megrahi had no way of knowing what my decision would be, either on compassionate release or on PTA.  However, he did know that a prisoner transfer application would have been refused had there been any ongoing legal proceedings. So what? Abdelbaset was desperate and was willing to do whatever it took to get home.

The author of the book John Ashton has himself accepted on BBC radio yesterday that the claim in the book is “hearsay”.     This gives the misleading impression that my radio interview constituted a climbdown. In fact what I said in that interview is entirely consistent with the book, which makes clear that the claim was hearsay.

 This Government has shown consistently we want to be as open and transparent as we can be on all aspects surrounding the Al-Megrahi case.  That is why we have brought forward the Criminal Cases (Punishment and Review) Bill to aid publication of the Statement of Reasons. As assertion by the author is that we, the Scottish Government, do not want the Statement of Reasons published.  Presiding Officer, nothing could be further from the truth.  This legislation, introduced by this Scottish Government, will enable the Scottish Criminal Cases Review Commission to decide whether it is appropriate to disclose information in cases they have investigated where a subsequent appeal has been abandoned. The legislation helps leave the Commission as the decision maker as to whether they publish their report on the Al-Megrahi case. Under the legislation, the Commission have to decide whether, in the whole circumstances, it is appropriate to disclose their Statement of Reasons.  There will be a range of factors the Commission will want to consider when deciding whether it is appropriate to disclose information. One key factor is likely to be how much of the Statement of the Reasons is already in the public domain.  With the publication of the book and television documentaries containing what apparently may well be significant material from the Statement of Reasons, this could be an important factor which the Commission may want to consider when they decide whether it is appropriate to disclose information they hold. As members know, we are limited within the powers of this Parliament as to how far our legislation can go in freeing up the Commission to disclose information. Data protection, which is a reserved matter, is a key obstacle to disclosure. I first spoke with Kenneth Clarke back in September 2010 on this issue.  And since our Bill was introduced, I have already written to him on three occasions on this issue. We are now faced with publication of material that is apparently from the Statement of Reasons. This means that the case for an exception to data protection rules is now overwhelming, but this is for the UK Government to act upon. That is why I have today written again to Kenneth Clarke urging that the UK Government now make a decision for an exception to be made to the normal statutory data protection rules for this unique case.  This will help ensure the wider public interest can be served and the road to publishing the Statement of Reasons is further cleared. Let no one be in any doubt. We want the Statement of Reasons published and are doing all that we can, within the powers of this Parliament, for this to happen.  I am not qualified to comment in depth on the legal issues raised here, however, a number of better qualified commentators have observed that the government, despite what it claims, has littered the road to publication with more obstacles than are necessary.  It seems as if – much like Abdelbaset’s appeal – the whole process has been complicated in the hope that the delay will draw some of the sting from publication.

 Mr Al-Megrahi was convicted in a court and that is the only place where his guilt or innocence should be determined. We recognise that some have concerns regarding the wider issues relating to the atrocity.  The wide-ranging and international nature of the issues involved means that there is every likelihood of issues arising which are not devolved, which would require either a joint inquiry with or a separate inquiry by the UK Government. We remain ready to co-operate on an inquiry. Why not hold an inquiry into the devolved issue of the Crown Office’s handling of the case?

Members will want to know whether there is a mechanism for an appeal still to be heard, even posthumously. Presiding Officer, I can confirm to the Chamber that there is.  It would involve an application being made for a further reference by the SCCRC, the Commission deciding to make a reference and for the High Court to accept such a reference.  These, of course, are not matters for me as Justice Secretary to decide upon. These are decisions for others to make, but I think it is important that we as a Parliament are aware of the position.  Presiding Officer, as I neither sought the abandonment nor continuation of Mr Al Megrahi’s appeal, it is not for me to either seek or oppose a potential appeal, posthumous or otherwise. That is correctly a matter for others,  and I would have every confidence in the Scottish criminal justice system were there to be another appeal.   That is a matter I would be entirely comfortable with. I doubt that the Crown Office would be so comfortable with a new appeal given that it would be accountable to the High Court for its failure to disclose exculpatory evidence to Abdelbaset’s original defence team.

We want the Commission’s report to be in the public domain to help ensure public confidence is retained in our justice system. This Government is doing all that we can to bring disclosure of the Statement of Reasons. I urge all members to support these efforts by supporting our Bill; and supporting our efforts to get the UK Government to make an exception to data protection rules.

 

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MacAskill’s statement to parliament – the key issues

The Scottish Justice Secretary, Kenny MacAskill, will later today (29 February) make a statement to the Scottish Parliament.  The move is in response to – or, more accurately, in response to media reports and political statements relating to – the following passage of Megrahi: You are my Jury (which appears on p.354):

On 10 August, MacAskill and his senior civil servants met a delegation of Libyan officials, including Minister Al-Obedi, the Libyan Supreme Court Judge Azzam Eddeeb, and the London Chargé d’Affaires Omar Jelban. By this time I was desperate. The 90-day limit for considering the prisoner transfer application had passed and, although I had some vocal public supporters, MacAskill was coming under considerable pressure to reject both applications. After the meeting the Libyan delegation came to the prison to visit me. Obedi said that towards the end of the meeting, MacAskill had asked to speak to him in private. Once the others had withdrawn, he stated that MacAskill gave him to understand that it would be easier to grant compassionate release if I dropped my appeal. He said he was not demanding that I do so, but the message seemed to me clear. I was legally entitled to continue the appeal, but I could not risk doing so. It meant abandoning my quest for justice.

It’s clear from this passage that Abdelbaset does NOT allege either that MacAskill said anything along those lines to him directly, or that MacAskill offered to grant compassionate release in return for Abdelbaset dropping his appeal.  It’s a common trick of politicians to deny allegations that have not been made. Let’s hope that MacAskill’s statement doesn’t.

MacAskill will also be facing questions from MSPs. There is only one question that he must answer: did he at any point indicate to Obedi that it would be easier for him to grant Abdelbaset’s compassionate release application if he dropped his appeal?

If the answer is a categorical no, then it is Obedi’s word against his and there, perhaps, the matter will rest. If it is anything less than a flat denial, then the question is unlikely to go away.

The Scottish Government has, of course, already made a statement about the matter.  On Monday a spokesman claimed that the book is “third-hand hearsay” and stated:

These claims are wrong – and officials were present at all meetings the Justice Secretary had on this matter at all times. The minutes of this meeting and indeed all other meetings, including with Mr Megrahi in Greenock Prison, were published by the Scottish Government and have been in the public domain since September 2009.  We can say categorically that neither did the Scottish Government have any involvement of any kind in Mr Megrahi dropping his appeal, or indeed any interest in it. That was entirely a matter for Mr Megrahi and his legal team.

MacAskill himself said: It was always a decision for Mr al-Megrahi whether he maintained or abandoned his appeal, the decision I made was not predicated in any case on that, but that was a matter for him and his legal team.

I’ll deal with these points in turn.

Third-hand hearsay. Abdelbaset is clear in this section of the book that the conversation was hearsay, albeit not third-hand.

These claims are wrong. It’s not clear exactly what claims the Government was responding to. It’s very unlikely that they had a copy of the book, so it’s probable that the spokesman was responding to a report – possibly an inaccurate one – of its contents. (A number of media reports claimed, wrongly, that the book alleges that a deal was done.)

 … officials were present at all meetings the Justice Secretary had on this matter at all times” If this is true, the question remains: did Mr MacAskill at any point, whether out of the earshot of others or not, say to Mr Obedi that it would be easier for him to grant Abdelbaset compassionate release if Abdelbaset dropped his appeal?

The minutes of this meeting and indeed all other meetings, including with Mr Megrahi in Greenock Prison, were published by the Scottish Government and have been in the public domain since September 2009. This is hardly relevant. If MacAskill asked to have a conversation in private, we might infer that he meant, inter alia, that it would not be minuted. It also raises the question, were the minutes contemporaneous?

We can say categorically that neither did the Scottish Government have any involvement of any kind in Mr Megrahi dropping his appeal, or indeed any interest in it.  This falls well short of a denial that the conversation reported by Obedi took place. It is disingenuous of the Government to claim that it had no interest in Abdelbaset’s decision. Had the appeal gone ahead, it would have cast the Scottish criminal justice, and the Crown Office in particular, in a very poor light.

That was entirely a matter for Mr Megrahi and his legal team. In fact it was entirely a matter for Abdelbaset. His legal team made clear to him that he was under no obligation to drop his appeal and did not advise him that it might help his application for compassionate release.

It was always a decision for Mr al-Megrahi whether he maintained or abandoned his appeal No one has claimed otherwise.

 … the decision I made was not predicated in any case on that, but that was a matter for him and his legal team. Abdelbaset quite clearly does not claim that MacAskill’s decision was predicated on whether or not he dropped the appeal.

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Al Jazeera documentary now on You Tube

Last night’s Al-Jazeera, which features important new evidence from the book, is now on You Tube. You can view it here.

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Second Scottish Review article

I have a new article in The Scottish Review, which can be read here, or below.

The Scottish Government does not doubt the safety of the conviction of Mr Al-Megrahi. Their words, not mine. Their exact words in fact. That, as it happens, is also the position of the lord advocate. You wouldn’t think that Megrahi’s trial court judgement was described as incomprehensible by the UN trial observer and unreasonable by the Scottish Criminal Cases Review Commission (SCCRC), and that numerous informed commentators consider the guilty verdict to be an indelible stain on the reputation of Scotland’s judiciary.

Of course, an SNP government will never easily admit that the country’s foremost independent institution, its criminal justice system, made an almighty hash of Europe’s biggest terrorist case. However, if it continues to stand shoulder to shoulder with the Crown Office, Lockerbie will one day rear up and bite it very hard. Why? Because, as ‘Megrahi: You Are My Jury’ lays bare, the Crown Office failed to disclose to Megrahi’s lawyers, numerous major items of exculpatory evidence. This has the potential to be the biggest scandal of Scotland’s post-devolution era.

The Crown case was that on the morning of 21 December 1988 Megrahi placed a bomb into a suitcase, which he then labelled for onward transfer to New York via Pan Am 103 and smuggled on board a flight from Malta to Frankfurt, where it was transferred onto a Pan Am feeder flight to Heathrow. Crucially, it was alleged that on 7 December he bought the clothes that surrounded the bomb from a small shop in Malta called Mary’s House and that the bomb was activated by a timer, which was one of a batch of 20 that were designed and made to order for the Libyan intelligence service by Swiss company Mebo.

There were two key witnesses. The first was shopkeeper Tony Gauci, who on three occasions picked out Megrahi as resembling the clothes purchaser: the first, three years after the bombing from a photospread; the second, in 1999 from an ID parade; and the third time in court. The second was forensic expert Allen Feraday, who said that a fragment of circuit board found within a blast-damaged Maltese shirt was ‘similar in all respects’ to circuit boards used within the 20 Libyan timers.

In their 80-page opinion, the trial court judges, Lords Sutherland, Coulsfield and Maclean described Gauci as a ‘careful witness’ who:
‘applied his mind carefully to the problem of identification whenever he was shown photographs, and did not just pick someone out at random…From his general demeanour and his approach to the difficult problem of identification, we formed the view that when he picked out the first accused at the identification parade and in court, he was doing so not just because it was comparatively easy to do so but because he genuinely felt that he was correct in picking him out as having a close resemblance to the purchaser’.

What the judges didn’t know, because the Crown failed to disclose it, was that before picking out Megrahi’s photo Gauci had asked the police about being rewarded for his evidence. According to previously secret police reports, he was ‘aware of the US reward monies which have been reported in the press’ and was strongly under the influence of his brother Paul who ‘has a clear desire to gain financial benefit from the position he and his brother are in relative to the case’ and ‘is anxious to establish what advantage he can gain from the Scottish police’.

The Crown also concealed the fact that, for months prior to the ID parade, Gauci had a copy of a magazine article that not only carried a photo of Megrahi, but also detailed inconsistencies between the Crown case and Gauci’s police statements – inconsistencies that his subsequent court testimony went some way towards ironing out.

The judges accepted that Gauci sold the clothes on 7 December 1988, the only date upon which Megrahi could have bought them. What they didn’t know, again because the Crown failed to disclose it, was that, in his pre-trial Crown precognition statement, Gauci said that he thought the date was 29 November, because he recalled rowing with his girlfriend that day. Had that evidence been adduced at trial, the judges would have had no choice but to acquit Megrahi.

After the trial the Dumfries and Galloway police sought massive rewards for the Gauci brothers from the US department of justice. In a letter to the DoJ, dated 19 April 2002, the senior investigating officer wrote: ‘At the meeting on 9 April, I proposed that $2 million should be paid to Anthony Gauci and $1 million to his brother Paul. These figures were based on my understanding that $2 million was the maximum payable to a single individual by the rewards programme. However, following further informal discussions I was encouraged to learn that those responsible for making the final decision retain a large degree of flexibility to increase this figure.’

It has never been denied that the brothers received at least $2 million and $1 million. The letter revealed that, at the request of a US official, the senior investigating officer had consulted with the Crown Office about the reward. He reported: ‘The prosecution in Scotland cannot become involved in such an application. It would therefore be improper for the Crown Office to offer a view on the application, although they fully recognise the importance of the evidence of Tony and Paul Gauci to the case’. In other words, the Crown Office was prevented by its own rules from seeking a reward, but apparently had no intention of preventing the police from doing so.

All this, and more, was uncovered by the Scottish Criminal Cases Review Commission during its four-year review of Megrahi’s case, following which it referred the conviction back to the appeal court on no fewer than six grounds. Small wonder that the Scottish Government, which claims that it wants the commission’s 800-page report to be published, is using legislative ruses to delay publication.

Unfortunately, the commission failed to properly investigate Feraday’s claim about the Lockerbie circuit board fragment. As my book reveals, had it done so, it would have learned that there was forensic evidence that proved the fragment could not have originated from one of the timers supplied to Libya. Tests overseen by Feraday demonstrated that the metallic content of the fragment was different to that of a control sample circuit board of the type used in the Libyan timers. The results were not disclosed to Megrahi’s legal team until a month before his return to Libya. Police labels indicated that they had been handed to the police on 8 November 1999, six months before the opening of Megrahi’s trial.

All these issues would have been aired in the High Court during Megrahi’s second appeal. The Crown Office was no doubt hugely relieved when he abandoned the appeal in order to smooth his application for compassionate release. However, the relief will only be temporary. The scandal will not go away and as the depth of the cover-up is laid bare, sooner or later the government will be forced to distance itself from the Crown Office and abandon the fiction that Megrahi’s conviction is safe.

 

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The Prime Minister speaks

A number of press reports of the book launch, such as this one, on the Daily Record’s website, carry the following quote by the Prime Minister:

“This is yet another reminder that Alex Salmond’s government’s decision to free the UK’s greatest mass murderer was wrong. Writing a book three years after he was released is an insult to the families of the 270 people who were murdered.”

As well as being factually inaccurate – Abdelbaset didn’t write the book, I did – the statement begs a huge question: how can Cameron possibly comment upon a book that he hasn’t read? If he did read it, he would learn that Abdelbaset was convicted on shaky evidence; that the Crown failed to disclose many items of exculpatory evidence from the defence; that the real Lockerbie bombers evaded capture; and that the Libyan people endured 12 years of UN sanctions on the basis of evidence that ranged from shaky to concocted. Of course, those are things that he would rather not know, because they expose the hypocrisy and vacuity of his position on Lockerbie. Maybe I should send him a copy (I assume he can read, after all, he had an excellent education).

 

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Media coverage of the book launch

This Birlinn and I launched the book at a press conference in Edinburgh. It generated a huge amount of press coverage, which you can read here.

Much of the coverage centres on Abdelbaset’s decision to drop his appeal and the influence that the Scottish justice secretary, Kenny MacAskill might have had upon that decision. To be clear, Abdelbaset does not allege that MacAskill demanded that he drop his appeal. Rather, he recounts a conversation that he had with the Libyan minister al-Obedi, shortly after Obedi and a party of Libyan officials had met with MacAskill and some of his officials. Obedi told him that MacAskill had given him to understand that it would be easier to grant Abdelbaset’s compassionate release application if he dropped his appeal. Abdelbaset also makes clear that he did not want to abandon the appeal, but felt he could not risk continuing with it.

It’s to be hoped that the media press the Scottish government on the far more important question of why the Crown Office withheld so much exculpatory evidence.

 

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