Showing posts with label innocent. Show all posts
Showing posts with label innocent. Show all posts

Friday, September 11, 2009

Lockerbie : Doesn’t the truth matter ?

SUMMARY

The casual dishonesty or ignorance of FBI Director Robert Mueller and much of the media ignores the evidence in the Lockerbie case shows Megrahi’s trial was a sham. The history behind Lockerbie also shows that sending our military abroad is as likely to put us in danger and cost civilian lives as to protect them, whether the Libyan government, the Iranian government, or both, were those seeking revenge.

Michael Shields, another man wrongly convicted of murder, has just been released on the orders of British home secretary Jack Straw, because he was innocent of the crime he was accused of. If his release doesn’t lead to outrage, why does Megrahi’s?

The Scottish government has so far not gone far enough towards facing the truth that Scottish judges were politically influenced and Scottish courts compromised, though that may be change if they back a public inquiry. The judges' verdict was entirely inconsistent, accepting the testimony of witnesses where it backed the prosecution case, while simultaneously rubbishing the same witnesses as unreliable where their testimony flatly contradicted the prosecution case.

The British and American governments meanwhile present the usual propaganda line about sending the military abroad making us safer. In fact the US government’s decision to arm and fund Saddam in the Iran-Iraq war led to the USS Vincennes shooting down an Iranian airliner, killing 298 civilians; and to the Iranian government believing this was a deliberate act. The Lockerbie bombing may well have been a revenge attack resulting from this. Far from making us safer our governments’ foreign policies have cost civilians’ lives abroad and caused terrorist revenge attacks. There are also serious questions about how the bomb got on the plane in the first place.

Many commentators, newspapers and TV stations have provided hard-hitting commentary on the Megrahi case. The problem is most of them either don’t know the facts or else have casual contempt for the truth. Gaddafi and Libyan intelligence may or may not have been involved in the Lockerbie bombing, but there is no solid evidence that they were.

One rule for foreigners, another for white, English speaking people?

Yesterday a convicted attempted murderer was released from prison on the orders of a politician. He was found guilty by a court of trying to beat a Bulgarian man to death with a paving slab. The freed man’s name is Michael Shields and he was released, rightly, on the orders of British Home Secretary Jack Straw, because the evidence showed he was innocent. I’m glad he’s been released. There was no outrage, because despite being convicted, he wasn’t guilty. Yet in Megrahi’s case it’s very different. Almost every news report, with no attempt at unbiased coverage, refers to him as “the Lockerbie bomber” or “convicted mass murderer”, ignoring the fact that his trial was a sham (1).

Ignorance at the highest level? : Or Casual Contempt for the Truth

FBI Director Robert Mueller claimed in his letter to Kenny MacAskill that Megrahi had been convicted by a “jury” under “due process” (2). The Observer newspaper meanwhile claimed that “there was enough incriminating testimony by others for a jury to find him guilty” (3).

The slight problem here is that there was no jury at Megrahi’s trial. There were three judges, appointed by the Lord Advocate, a political appointee. Are the Director of the FBI and the Editor of the Observer really so poorly informed and briefed that they hadn’t even checked the most basic facts? Or, in Mueller’s case, is he dishonest?

Are show trials with bribed witnesses and tampered evidence good enough?; Can the same witness be simultaneously reliable and unreliable

British human rights and newspaper columnist lawyer Geoffrey Robertson is one of those claiming that Megrahi was found guilty by a court of judges and so is guilty (4).

Robertson also lambasts the lack of “due process” in Megrahi’s trial, while Dominic Lawson says that “Justice was what the Scottish court honoured when sentencing the Libyan to imprisonment for life”(5).

The core argument is that Megrahi was convicted by a court and so he’s been proven guilty.

Would any of these people think it was fair if they were on trial and there was no jury?

Would they be happy if one of the prosecution witnesses was shown photos and articles identifying them as being guilty – and that witness then identified them – and was subsequently paid $2 million?

That’s exactly what happened in the case of Tony Gauci, one of the key witnesses at Megrahi’s trial, who was paid $2 million by the US government after the trial (6), (7), (8).

The Lockerbie verdict, which is available online, is full of statements by the judges that show that they accepted any evidence from any witness that supported the prosecution’s case, while dismissing testimony from the same witnesses – e.g Edwin Bollier – where it contradicted the prosecution case. It’s obvious from this that the judges were biased towards the prosecution and against the defence – and were not impartial in their judgement. It’s not impossible that witnesses were being threatened and or offered bribes by both sides – the CIA and Libyan intelligence – but to rubbish testimony from witnesses like Tony Gauci and Edwin Bollier as belonging “in the realm of fiction” where it contradicts the prosecution case and then taking it as gospel truth where it supports the prosecution case is not credible (9).

The verdict delivered by the judges at Megrahi’s trial included a self-contradictory reference to Gauci as a witness who tried to give “the false impression” that “his continued association with the American authorities was largely motivated by financial considerations” and that “information provided by a paid informer is always open to the criticism that it may be invented...and in our view this is a case where such criticism is more than usually justified”. (Of course there may well be reason to think Gauci’s boasting about being paid for his testimony wasn’t false) (10).

Hans Koechler, a UN observer at the trial, UN Observer Hans Koechler said the verdict was inconsistent due to British and American government political pressure on the judges (11), (12).

Would Mueller or Lawson be happy if evidence in their own trial was tampered with and expert witnesses’ opinions ignored? Edwin Bollier, who was brought in as a witness on the bomb timer fragment produced by the prosecution, says the fragment was tampered with between him first being shown it – and saying it didn’t match the type his firm sold to Libyan intelligence – and it being presented in court. He also says his views were ignored in court (13).

Scottish Law Professor Robert Black, who helped establish the trial, said that the prosecution case against Megrahi was so weak that “if the evidence had come out in front of a Scottish jury of 15 there is absolutely no way he would have been convicted” (14).

UN Observer Hans Koechler also said that the denial of Megrahi’s appeal for a re-trial in 2002 was “a spectacular miscarriage of justice” (15), (16).

The Scottish Criminal Cases Review Commission in 2007 found that there were many serious problems with the original trial and recommended that Megrahi be granted an appeal. It’s full report has never been published but a press release summarising it has (17).

Yet those who say Megrahi was guilty simply repeat that a court found him guilty (along with the inaccurate claims about juries and “due process”).

Everything else is dismissed. So is any trial, however unfair, justice now? If so then the victim’s of Stalin’s show trials would have been guilty; after all, the judges said they were. If Megrahi’s trial is what passes for justice in Scotland then we should weep for shame. Those shouting most loudly about their “outrage” and “shame” at Megrahi’s release are the ones who should be ashamed of defending a show trial that jailed a man who may well be innocent for a decade while the guilty, whoever they may be, still go free.

I am not defending Gaddafi or his dictatorship. He has had dissidents in his country tortured, murdered and assassinated in exile. His own government has jailed many dissidents for decades without any fair trial. They would like to see their families just as much as Megrahi (18) – (20). (The US and British governments can’t criticise these as they have been complicit in many of them, gaining Libyan co-operation in ‘extra-ordinary rendition’ for torture and in murdering political pawns such as ‘curveball’ , silenced forever by Gaddafi to avoid US embarrassment over torturing nonsense ‘intelligence’ on Iraqi WMDs out of him (21) – (23).)

Gaddafi and Libyan intelligence were certainly involved in many terrorist acts, including, probably, the bombing of a French TWA flights and providing Semtex used by the IRA (24).

I don’t know what kind of a man Abdul Ali Basset Al Megrahi is. He was a member of Libyan intelligence under Megrahi. Libyan intelligence are not saints. They have been involved in torture, murder, assassination and terrorism. There is no evidence though that Megrahi or Gaddafi were involved in the Lockerbie bombing and in a democracy under the rule of law we don’t jail people without evidence they committed a crime. I have nothing against jailing any member of Libyan intelligence involved in terrorist acts. If they were involved they should be tried for those crimes – and Gaddafi too if he ordered those attacks.

I am not accusing the judges in the Lockerbie case of corruption either. They are more likely just to be biased political appointees and too easily influenced by the claims of the British and American governments and their intelligence agencies, which, despite being democratically elected, are no more honest or neutral than Gadaffi’s government.

Conspiracy theories ; and do foreign wars protect civilians from terrorism or get them killed by it?

Dominic Lawson rubbishes “the conspiracy theory” that Iran, not Libya, was behind the Lockerbie bombing, claiming that to believe it we would have to believe the US government wanted to protect the Iranian government, despite the hostility between the two.

He’s wrong, as usual. July 1988 was the last month of the Iran-Iraq war. It was also the month that the USS Vincennes, an American warship, shot down Iranian airliner, Iran Air flight 655, killing all 298 people on board. It wasn’t a coincidence that the war ended soon afterwards. The US government, along with many others, was backing, arming and funding Saddam Hussein’s dictatorship in Iraq against Ayatollah Khomeini’s in Iran, continuing the funding even after Saddam gassed the Kurdish town of Halabja in the same year. (25) – (31)

While claiming Iraqi attacks on oil tankers were legitimate (Reagan even saying that “we have always recognised that in a time of war the enemy’s commerce and trade is a fair target”) the US decided it would protect oil tankers from Iranian attacks. In 1988 it decided to provide US Navy escorts to oil tankers in the Gulf (with the exception of Iranian ones), allowing them to re-flag as American. The Vincennes was one of the escorts, but entered Iranian waters and began a fight with Iranian navy vessels. During this fight the Vincennes’ crew did not use their identification systems properly, resulting in them shooting down an Iranian passenger plane, Iran Air Flight 655, killing all 298 people aboard (32), (33).

Given American support for Saddam throughout the war the Iranian government did not believe this was an accident. They thought it was a deliberate act and a threat that US forces were joining the war on the Iraqi side. Khomeini sued for peace with Iraq (34) – (36).

The Vincennes’ crew were given routine combat medals at the end of their tour and the US government refused to apologise for the deaths, though it did say it “regretted” them and paid compensation. Khomeini vowed that “the skies will rain blood” and offered a large amount of money to anyone who could bring down a plane full of Americans (37).

The initial investigations of Lockerbie found that the PFLP-GC, a Palestinian terrorist group backed by the Syrian government, was contracted by them on behalf of the Iranian government to place a bomb on Pan Am Flight 103 (38) – (43).

The US government had deployed it’s military to defend Saddam. This led to almost 300 civilians being killed on Iran Air Flight 655, which resulted in the revenge attack which killed almost as many on Pam Am 103. This would not reflect well on them if it was reported internationally during a court case.

What’s more in the run up to the 1990 Gulf War the US wanted to isolate Saddam so that he couldn’t pose as defending the Arab world against them. It wanted Syria as part of the Coalition against Saddam and ideally Iranian neutrality and use of Iranian airspace. President Assad of Syria readily agreed (44).

So President Bush (senior) would announce that Syria “took a bum rap” on Lockerbie and Gaddafi and Libyan intelligence were responsible.

So the US government was not protecting the Iranian government, but itself and it’s military. Simultaneously it was showing that those governments who complied with US demands would be rewarded, just as those who refused to would be punished.

This does not mean that Libyan intelligence couldn’t also have been involved. Libyan intelligence co-operated with terrorist groups worldwide and was accused of bombing a disco in Germany in 1986, killing American soldiers. The US retaliation involved airstrikes on Tripoli in which it a military barracks, a school, houses and the French embassy, killing around 100 people, including Gaddafi’s adopted 1 year old daughter. The planes had been allowed to refuel in the UK, so Gaddafi certainly had a motive for revenge on both the American and British governments. No solid evidence of Libyan involvement in Lockerbie has emerged so far though (45), (46).

US intelligence agencies may also have had motives to obscure the truth about Lockerbie. In the 1980s the Iran-Contra scandal included revelations that Colonel Oliver North had been acting on behalf of the US Presidency to arm the Contra rebels in Nicaragua. As congress had passed a law banning any US funding for the contras money had to be found to pay for the arms. The same planes taking arms to the contras from the US brought drugs from central American countries to the US. Drug Enforcement Agency officers were informed by the CIA that they could not search these flights nor investigate them for reasons of national security. North was also in command of a US Defence Intelligence Agency operation relating to drug smuggling between Lebanon and Europe. Suitcases containing drugs were exempted from security checks at airports. If a bomb could be placed in one of the drugs shipments it wouldn’t be checked by airport security. Who placed the bomb remains unknown. Some say the PFLP-GC on behalf of Iran. Others believe that North and his associates had been rumbled by CIA officers who were going to reveal CIA involvement in drug smuggling from Lebanon – and that North had a bomb placed on the plane to silence them forever (47) – (53).

I don’t know which, if any, of these theories, is true.

However as Professor Robert Black wrote “for the judges to return verdicts of guilty they would require (i) to accept every incriminating inference that the Crown invited them to draw from evidence that was on the face of it neutral and capable of supporting quite innocent inferences, (ii) to be satisfied beyond reasonable doubt that the Maltese shopkeeper, Tony Gauci, positively identified Megrahi as the person who bought from his shop in Sliema the clothes and umbrella contained in the suitcase that held the bomb and (iii) to accept that the date of purchase of these items was proved to be December 7, 1988 (as distinct from November 23, 1988 when Megrahi was not present on Malta).

I went on rashly to express the opinion that, for the judges to be satisfied of all these matters on the evidence led at the trial, they would require to adopt the posture of the White Queen in Through the Looking-Glass, when she informed Alice: "Why, sometimes I've believed as many as six impossible things before breakfast." In convicting Megrahi, it is submitted that this is precisely what the trial judges did.” (54)

In other words the prosecution case at Megrahi’s trial was nothing but a conspiracy theory with no real evidence to back it up, requiring bribing witnesses and tampering with evidence to get even a politically appointed court with no jury to accept it.

What is certain is that Megrahi’s trial was unfair and manipulated by the US and British government and intelligence agencies. Whether they did this because they believed Megrahi and Gaddafi were guilty and didn’t have the evidence for a conviction, or because they wanted to avoid any link between Iran Air Flight 655 and Pam Am 103, or because they were covering up for official involvement in drug trafficking which allowed the bombers to get the device on the plane, I don’t know.

What seems certain is that Scottish courts were politically manipulated and the truth about the bombing of Pan Am Flight 103 has been denied to the families of those who died over Lockerbie – and that military action abroad often kills far more civilians directly – and indirectly by inciting terrorist revenge attacks – than it saves.

That holds whether you believe Iran carried out Lockerbie without Libyan involvement, or that Libya was involved in the Lockerbie bombing. If Libya was involved revenge for the one hundred people, many civilians and children, killed in the US air strikes on Tripoli on 15th April 1986, would have been a motive (55). Revenge is not justice, it just kills innocent people, but there is no doubt that military action abroad routinely kills civilians and creates terrorist revenge attacks that otherwise would not have been carried out. It does not protect us. As in the cases of the July 7th bombings in London (linked to the Iraq war) and the Lockerbie bombing (linked to Iran Air Flight 655 and/or the bombing of Tripoli) it puts us in more danger.



(1) = Guardian 09 September 2009 ‘Released Liverpool fan Michael Shields tells of 'living hell' in jail’,
http://www.guardian.co.uk/uk/2009/sep/09/liverpool-fan-michael-shields-pardoned

(2) = Times 23 Aug 2009 ‘Lockerbie bomber: Robert Mueller's letter to Kenny MacAskill’,http://www.timesonline.co.uk/tol/news/uk/article6806873.ece

(3) = Observer 23 Aug 2009 ‘The shameful silence over Lockerbie’,
http://www.guardian.co.uk/commentisfree/2009/aug/23/lockerbie-megrahi-gaddafi-pan-am
http://www.guardian.co.uk/commentisfree/2009/aug/23/lockerbie-megrahi-gaddafi-pan-am

(4) = Independent 02 Sep 2009 ‘Geoffrey Robertson: Megrahi should never have been freed’,
http://www.independent.co.uk/opinion/commentators/geoffrey-robertson-megrahi-should-never-have-been-freed-1780245.html

(5) = Independent 25 Aug 2009 ‘Dominic Lawson: The Prime Minister's silence over Lockerbie is eloquent’, http://www.independent.co.uk/opinion/commentators/dominic-lawson/dominic-lawson-the-prime-ministers-silence-over-lockerbie-is-eloquent-1776794.html

(6) = Guardian 03 Oct 2007 ‘Fresh doubts on Lockerbie conviction’, http://www.guardian.co.uk/uk/2007/oct/03/lockerbie.scotland

(7) = guardian.co.uk 28 Jun 2007 ‘Libyan granted new appeal over Lockerbie conviction’,
http://www.guardian.co.uk/uk/2007/jun/28/lockerbie.world

(8) = Scottish Criminal Cases Review Commission 28 Jun 2007 ‘NEWS RELEASE
ABDELBASET ALI MOHMED AL MEGRAHI’, http://www.sccrc.org.uk/ViewFile.aspx?id=293

(9) = Lockerbie Verdict 21 Jan 2002 ‘OPINION OF THE COURT delivered by LORD SUTHERLAND in causa HER MAJESTY’S ADVOCATE v ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA
FHIMAH,
http://www.scotcourts.gov.uk/library/lockerbie/docs/lockerbiejudgement.pdf

(10) = As (9) above, quoted and cited by Geoff Simons (2003) ‘Libya and The West’, Centre for Libyan Studies/I.B. Tauris, Oxford, UK, 2003, Chapter8 , pages 159-160

(11) = BBC News 21 Jan 2002 ‘Lockerbie verdict 'politically influenced'
http://news.bbc.co.uk/1/hi/in_depth/scotland/2002/lockerbie_appeal/1773868.stm

(12) = Independent 21 Aug 2009 ‘Hans Köchler: I saw the trial – and the verdict made no sense’,
http://www.independent.co.uk/opinion/commentators/hans-kchler-i-saw-the-trial-ndash-and-the-verdict-made-no-sense-1775217.html

(13) = Observer 02 Sep 2007 ‘Vital Lockerbie evidence 'was tampered with'’,
http://www.guardian.co.uk/business/2007/sep/02/theairlineindustry.libya

(14) = Herald 21 Aug 2009 ‘This shameful miscarriage has gravely sullied the Scottish criminal justice system’ Professor Robert Black , http://www.theherald.co.uk/search/display.var.2526665.0.this_shameful_miscarriage_has_gravely_sullied_the_scottish_criminal_justice_system.php ; also reproduced on his blog ‘The Lockerbie Case’ 21 Aug 2009 , http://lockerbiecase.blogspot.com/2009/08/this-shameful-miscarriage-has-gravely.html

(15) = BBC News 14 Mar 2002 ‘UN monitor decries Lockerbie judgement’, http://news.bbc.co.uk/1/hi/1872996.stm

(16) = The Firm (Scottish lawyers’ magazine) 10 Jun 2008 ‘UN Observer to the Lockerbie Trial says ‘totalitarian’ appeal process bears the hallmarks of an “intelligence operation”’, http://www.firmmagazine.com/news/901/UN_Observer_to_the_Lockerbie_Trial_says_%E2%80%98totalitarian%E2%80%99_appeal_process_bears_the_hallmarks_of_an_%E2%80%9Cintelligence_operation%E2%80%9D_.html

(17) = Scottish Criminal Cases Review Commission 28 Jun 2007 ‘NEWS RELEASE
ABDELBASET ALI MOHMED AL MEGRAHI’,
http://www.sccrc.org.uk/ViewFile.aspx?id=293

(18) = Amnesty International World Report 2009 ‘http://report2009.amnesty.org/en/regions/middle-east-north-africa/libya

(19) = Human Rights Watch World Report 2009 ‘http://www.hrw.org/en/node/79302

(20) = Geoff Simon (2003) ‘Libya and the West’, Centre for Libyan Studies/I.B. Tauris, Oxford, UK, 2003,p97-119

(21) = HRW 11 May 2009 ‘Libya/US: Investigate Death of Former CIA Prisoner’, http://www.hrw.org/en/news/2009/05/11/libyaus-investigate-death-former-cia-prisoner

(22) = Washington Post 12 May 2009 ‘Detainee Who Gave False Iraq Data Dies In Prison in Libya’, http://www.washingtonpost.com/wp-dyn/content/article/2009/05/11/AR2009051103412.html

(23) = Human Rights Watch 07 Jun 2007 ‘Off the Record
U.S. Responsibility for Enforced Disappearances in the “War on Terror”
http://www.hrw.org/en/reports/2007/06/07/record

(24) = Geoff Simon (2003) ‘Libya and the West’, Centre for Libyan Studies/I.B. Tauris, Oxford, UK, 2003, Chapter 7

(25) = Newsweek 13 Jul 1992 ‘Sea of Lies : Sea Of Lies : The Inside Story Of How An American Naval Vessel Blundered Into An Attack On Iran Air Flight 655 At The Height Of Tensions During The Iran-Iraq War-And How The Pentagon Tried To Cover Its Tracks After 290 Innocent Civilians Died’, http://www.newsweek.com/id/126358

(26) = Karsh, Efraim (2002) ‘The Iran-Iraq War 1980-1988’ Osprey, London, 2002, p20-22,44-45,53-55

(27) = Washington Post 22 Mar 1992, ‘Gonzalez's Iraq Expose: Hill Chairman Details U.S. Prewar Courtship, Washington Post archive article here ; full article also reproduced at the Federation of American Scientists' website here ; This gives an account provided by A US Congressman based on information provided to congressional committees by the CIA.

(28) = Washington Post 5 Aug 1992, ‘GOP Seeks Probe of Gonzalez Over Iraq Data, Washington Post archive article here ; also reproduced in full at the Federation of American Scientists’ website at http://www.fas.org/spp/starwars/congress/1992/h920325wp.htm
Far from disputing the accuracy of Gonzalez's claims the Bush (senior) administration and the CIA instead stopped providing Gonzalez with intelligence briefings and attempted to have him censured by congress for releasing the information to the public

(29) = 'U.S. chemical and biological warfare-related dual use exports to Iraq and their possible impact on the health consequences of the Persian Gulf War'/ A report of Donald W. Riegle, Jr. and Alfonse M. D’Amato of the Committee on Banking, Housing and Urban Affairs with respect to export administration, United States Senate (1994) - Link to Library of Congress record

(30) = National Security Archive Electronic Briefing Book No. 82, 25 Feb 2003 ‘
Shaking Hands with Saddam Hussein: The U.S. Tilts toward Iraq, 1980-1984’,
http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB82/

(31) = Freedman, Lawrence (2008) ‘A Choice of Enemies : America Confronts the Middle East’, Orion, London, 2008, chapter 8, Pages 152-166 of hardback edition

(32) = Freedman, Lawrence (2008) ‘A Choice of Enemies : America Confronts the Middle East’, Orion, London, 2008, chapter 10, Pages 194-206 of hardback edition

(33) = Newsweek 13 Jul 1992 ‘Sea of Lies : Sea Of Lies : The Inside Story Of How An American Naval Vessel Blundered Into An Attack On Iran Air Flight 655 At The Height Of Tensions During The Iran-Iraq War-And How The Pentagon Tried To Cover Its Tracks After 290 Innocent Civilians Died’, http://www.newsweek.com/id/126358

(34) = Takeyh, Ray (2006), ‘Hidden Iran - Paradox and Power in the Islamic Republic, Times Books, New York, 2006 - pages 170-174

(35) = Pollack, Kenneth M.(2004), ‘The Persian Puzzle', Random House, New York, 2005 paperback edition - pages 231-233

(36) = NYT 15 Jul 1988 ‘Iran Falls Short in Drive at U.N. To Condemn U.S. in Airbus Case’,

http://www.nytimes.com/1988/07/15/world/iran-falls-short-in-drive-at-un-to-condemn-us-in-airbus-case.html

(37) = Guardian 29 Jul 1995, SECTION: THE GUARDIAN WEEKEND, Page T22
‘INSIDE STORY: BODY OF EVIDENCE’, http://leninology4.blogspot.com/2007/06/paul-foot-john-ashtons-1995.html

(38) = See (37) above

(39) = Guardian 31 March 2004 ‘Lockerbie's dirty secret’, by Paul Foot,
http://www.guardian.co.uk/uk/2004/mar/31/lockerbie.libya

(40) = Paul Foot (1989-2001) ‘The Great Lockerbie Whitewash’ in Pilger, John (ed.) (2005) ‘Tell Me No Lies’, Vintage/Random House, London, 2005, pages 214-254

(41) = Sunday Times 01 Jul 2007 ‘Unpicking the Lockerbie truth’, http://www.timesonline.co.uk/tol/news/uk/article2009603.ece

(42) = Guardian 07 Apr 1999 ‘Lockerbie conspiracies: from A to Z ;
Based on a 1995 Guardian investigation by Paul Foot and John Ashton’,
http://www.guardian.co.uk/uk/1999/apr/07/lockerbie.patrickbarkham

(43) = Time magazine 24 Jun 2001 ‘Pan Am 103 Why Did They Die?’, http://www.time.com/time/magazine/article/0,9171,159523,00.html

(44) = See (37) to (43) above

(45) = Geoff Simon (2003) ‘Libya and the West’, Centre for Libyan Studies/I.B. Tauris, Oxford, UK, 2003, Chapter 7, page 132 of hardback edition Ch7

(46) = Bovard, James (2003) ‘Terrorism and Tyranny’, Palgrave-MacMillan, NY,2003, Chapter 2, pages 24-26

(47) = Coleman, Lester K & Goddard, Donald (1993) ‘Trail of the Octopus: From Beirut to Lockerbie - Inside the DIA’

(48) = Levine , Michael (2000) Deep Cover uPublish.com , 2000 (Levine is a former US Drug Enforcement Agency agent)

(49) = Scott , Peter Dale & Marshall , Jonathan(1998) Cocaine Politics University of California Press , LA & London ,1998

(50) = McCoy , Alfred (1991) The Politics of Heroin - CIA complicity in the global drug trade Lawrence Hill , New York ,1991

(51) = Cockburn , Alexander & St.Clair , Jeffrey (1998) Whiteout - The CIA , Drugs & The Press Verso , London & New York , 1998

(52) = http://en.wikipedia.org/wiki/Oliver_North#Involvement_with_drug_trafficking
(this is a wikipedia entry but provides reliable sources - including the Kerry report - a congressional inquiry into links between drug traffickers, the contras and the CIA - and FBI investigations)

(53) = John Ashton & Ian Ferguson (2001) ‘Cover-Up of Convenience: The Hidden Scandal of Lockerbie’, Mainstream Publishing, 2001

(54) = Herald 21 Aug 2009 ‘This shameful miscarriage has gravely sullied the Scottish criminal justice system’ Professor Robert Black , http://www.theherald.co.uk/search/display.var.2526665.0.this_shameful_miscarriage_has_gravely_sullied_the_scottish_criminal_justice_system.php

(55) = Geoff Simon (2003) ‘Libya and the West’, Centre for Libyan Studies/I.B. Tauris, Oxford, UK, 2003, Chapter 7, page 132 of hardback edition

Sunday, August 23, 2009

Yes I’m ashamed and angry...that an innocent man was jailed until months before his death

It’s an outrage, according to some, that Abdelbasset Al Megrahi, “the Lockerbie bomber”, “a convicted mass murderer” has been released to die at home with his family, showing him a compassion “he never showed his victims”.

If Megrahi had been proven guilty of these crimes in a fair trial very few people could manage to avoid agreeing. However many of those who saw all the evidence presented at his trial – and much that wasn’t – including law professors, UN Observers and some relatives of the victims of the atrocity say the trial was a sham and that neither Megrahi nor the Libyan government were involved in any way.

Some say we should be ashamed that a man who murdered so many innocent Americans or people has been freed for political reasons which may include oil deals between Gaddafi’s government and British and American oil firms. Some mention only American lives lost, despite many of the dead having been Scottish or English or other nationalities. The 290 Iranians killed by the USS Vinciennes (more details later) don’t seem to be mentioned as of equal importance much either.

The trouble is that Megrahi was only tried for political and economic reasons, was framed in a managed show trial for the same reasons and was innocent of any involvement in that mass murder.

Those who say Megrahi is innocent are accused of being “conspiracy theorists” by the same people who have been persuaded to adopt the actual conspiracy theory, the very weak one presented by the prosecution at Megrahi’s fixed trial.

As a former member of Libyan intelligence under Gaddafi’s dictatorship Megrahi may or may not be guilty of many other crimes, since Gaddafi’s dictatorship is no less brutal towards dissidents among its own people than most. However speculating on that can’t justify punishing him for a terrible crime he most definitely did not commit – and Libyan intelligence is no more brutal or ruthless, no less involved in torture and murder, than some members of British and American intelligence, acting on the orders of their governments, have been over the decades.

It could possibly be the case, as FBI Agent Richard Marquise alleges in his book ‘Scotbom’ , that Libyan intelligence co-operated with others in carrying out the bombing. Certainly Gaddafi had motives to want revenge on the US and British governments. He had been in conflict with both over the US navy entering what he claimed as Libyan territorial waters and US ships had shot down Libyan aircraft which targeted them in those waters. In 1986 President Reagan attempted to assassinate Gaddafi by airstrike as retaliation for a bombing which killed American soldiers in Germany and which Reagan accused Gaddafi of being behind. The airstrikes ended up killing civilians including children. One was Gaddafi’s 6 year old adopted daughter. Others were in a nearby school hit by mistake. However the case against Megrahi amounts to little more than conspiracy theory backed up with bribed witnesses and tampered evidence – and Marquise was one of the FBI agents who built the case against Megrahi.

The Reality of Megrahi’s “conviction for mass murder”: no jury; bribed witnesses; evidence tampered with; a prosecution case that amounted to a conspiracy theory in place of evidence

There was no jury at Megrahi’s trial – only three judges appointed by the Lord Advocate, who at the time was a political appointee of the British government (1), (2). Professor Robert Black, who was involved in negotiating the terms of Megrahi’s original trial, has written of how appalled he was by the trial itself and by it’s verdict.

“for the judges to return verdicts of guilty they would require (i) to accept every incriminating inference that the Crown invited them to draw from evidence that was on the face of it neutral and capable of supporting quite innocent inferences...

for the judges to be satisfied of all these matters on the evidence led at the trial, they would require to adopt the posture of the White Queen in Through the Looking-Glass, when she informed Alice: "Why, sometimes I've believed as many as six impossible things before breakfast." In convicting Megrahi, it is submitted that this is precisely what the trial judges did.

I am absolutely convinced that if the evidence had come out in front of a Scottish jury of 15 there is absolutely no way he would have been convicted.” (3), (4).

So the conspiracy theory on Lockerbie was actually the case made by the prosecution in Megrahi’s trial – and the conspiracy theorists include the investigators, prosecutors and the three judges involved.

Dr Hans Koechler wrote that:

“In my time as the UN's observer at Megrahi's trial, I watched a case unfold that was based on circumstantial evidence. The indictment against him and al-Amin Khalifa Fhimah went to great lengths to explain how they supposedly planted a bomb on Flight 103, and yet Fhimah was acquitted of all the charges against him. It made no sense that Megrahi was guilty when Fhimah was acquitted.” (5)

So the conspiracy theory used to convict Megrahi doesn’t even make sense.

Much of the evidence presented in court came from the CIA. Tony Gauci, the key witness in the case, saw a photo of Megrahi in a magazine in a piece suggesting Megrahi was the Lockerbie bomber days before he identified him from a line-up. He was offered $2 million by the US government to identify Megrahi as the guilty man – and took it with him to Australia after the trial. (5), (6)

The other key prosecution witness, Edwin Bollier, whose company sold timers to the Libyan military, says the timer shown to him as the one used in the bomb was not of the type he sold to the Libyans – and that when he was shown it again in court it had been tampered with.

Bollier said “I was a defence witness, but the trial was so skewed to prove Libyan involvement that the details of what I had to say was ignored. A photograph of the fragments was produced in court and I asked to see the pieces again. When they were brought to me, they were practically carbonised. They had been tampered with since I had seen them in Dumfries.” (7)

Would those who argue Megrahi is convicted and so guilty be happy if their own trial of that of one of their relatives had no jury and involved bribing the key witness against them and tampering with evidence? If not perhaps they should question whether “convicted” in this case really means “guilty”. To claim that “there is no question of his guilt”, as some have, suggests their claims aren’t based on the evidence.

After attending Megrahi’s 2002 Appeal Hearing, in which his appeal was rejected, Koechler wrote that the proceedings were “a spectacular miscarriage of justice”, and more like an intelligence operation than a legal hearing (8), (9), (10).

A review of the case by the Scottish Criminal Cases Review Commission in 2007 reported many serious problems with the evidence presented by the prosecution and recommended the Appeal Court look at whether there should be a re-trial. The timing – a month after Gaddafi gave BP an oil contract - could certainly be seen as political. The criticisms of the trial were legitimate though. However by the time this was possible Megrahi faced the choice of dying alone in prison in the hope the appeal would clear his name or giving up the chance of clearing his name in order to return home to see his family and friends before he died. (11).

Relatives of those murdered in the Lockerbie bombing, including Dr. Jim Swire and Martin Cadman, were also present at the trial and also reviewed all the available information on Lockerbie. They also came to the conclusion that Megrahi is not guilty. Others, such as Pamela Dix, are uncertain whether Megrahi was involved or not. Many American relatives, such as Susan Cohen, Stephanie Bernstein, Kathleen Flynn and Bob Monetti, remain convinced of Megrahi’s guilt. However Swire’s and Cadman’s conclusions are the same as those of independent observers like Black and Koechler (11), (12), (13).

One day Iran-Syria-PFLP-GC were responsible; the next Libya; and why

The British and American governments initially identified the Popular Front for the Liberation of Palestine General Command as those behind the bombing, contracted by the Syrian government on behalf of the Iranian government. In July 1988, during the Iran-Iraq war, in which the US was backing Saddam, the USS Vinciennes shot down an Iranian passenger plane – Iranian Air Flight 655 – killing all 290 people on board. The crew had entered Iranian waters, started an avoidable fight with Iranian gunboats and made serious errors with their target identification system. After the Vinciennes’ crew were awarded combat medals Ayatollah Khomeini offered a large cash reward for anyone who could bring down an American passenger jet, following the sadly common theory that killing one lot of innocent people makes up for killing another lot (14) – (20).

However after Iraq’s invasion of Kuwait in August 1990 the Bush (senior) administration wanted to make sure Saddam was isolated from Muslim and Arab countries before war on Iraq began. They wanted Syria as an Arab member of the Coalition and Iranian neutrality and ideally use of its airspace. Suddenly the PFLP-GC were no longer responsible for Lockerbie – now Libya and Gaddafi were behind it. Much of the media went along with this sudden change of story without batting an eye-lid, though there some honourable exceptions, like the late Paul Foot, writing for the Daily Mirror (16) – (20).

How did the bomb get through airport security?

There was also embarrassment over the details of how the bomb got on to Pan Am Flight 103. Why wasn’t it found by airport security? Possibly airport security was simply too lax.
However former US Defence Intelligence Agency operative Lester Coleman reported that certain CIA and DEA (Drug Enforcement Agency) agents’ bags were routinely allowed to pass through Frankfurt and London Heathrow airports unchecked in order to allow CIA drug trafficking paralleling that in Latin America discovered in congressional investigations of Iran-Contra. The PFLP-GC may well have discovered this and managed to include a bomb hidden inside one of the drugs shipments, or the bomb may have been intended to target the drug smugglers, with the other passengers and crew being “collateral damage”. (21) – (25).

John Ashton and Paul Foot’s investigation found that Jim Wilson, a farmer, of Tundergarth Mains Farm near Lockerbie, found a suit-case containing bags of white powder which he suspected were drugs among the debris on his land. He was not called to give evidence at the trial, at which the prosecution claimed cannabis had been the only drug on board. The name on the case was not on the passenger list for the flight. On the night of the bombing two bus loads of FBI agents arrived the same night at the site. Residents reported that they had a coffin on one of the buses. Scottish doctors and police had tagged 59 bodies. Only 58 were ever mentioned by the FBI and the prosecution. (26).

Political Fixes? All about Money and Power? Yes – right from the start

In light of all this the outcries about a ‘political fix’ to release Megrahi miss the point that Megrahi was only convicted and jailed for political reasons in the first place. In any case the Scottish devolved government and Home Affairs minister Kenny MacAskill are not from the same government or even the same political party that negotiated a deal to transfer Megrahi to a Libyan prison in return for Gadaffi having granted BP oil contracts in Libya. Those negotiations were carried out by the US government’s favourite British politician Tony Blair – and repudiated and rejected by the Scottish government, which is why Megrahi’s initial request for transfer to a Libyan prison was rejected.( However the British government’s deal with Libya did make it decide not to try to interfere with a devolved decision.) Those who believe Scottish legal processes can’t be politically influenced must explain not only the sham at Zeist but also why the Scottish Criminal Cases Review Commission recommended the appeal court should review Megrahi’s case one month after BP was given an oil contract in Libya for the first time in decades and Blair signed a prisoner transfer memorandum with Gaddafi (27) – (31)

What’s more oil and arms deals with dictatorships are a routine matter for the British and American governments, whether it’s the unelected, torturing, murdering Saudi monarchy or the election rigging, torturing, murdering President Mubarak of Egypt. When British citizens were tortured into giving false confessions to being behind bombing attacks on other Britons in Saudi Arabia the British government and most of the media did not come out with the kind of outrage about ‘political fixes’ to secure oil contracts that they have over Megrahi. While some American commentators talk of boycotting British oil companies or Scottish exports they ignore the fact that American oil companies were back in Libya in 2005 – two years before BP; and that US oil firms have been lobbying members of congress against US anti-terrorism laws targeting Libya (32) – (34)

Just as with Iraq and Saddam (who was funded and supported by the US and UK all through the 1980s) the real issue was not human rights or WMD but oil contracts. After 9-11 when the Bush administration began making threats Gaddafi rapidly agreed to scrap all ‘WMD projects’ while also dealing with the real issue by offering oil contracts to US firms while Saddam continued to give contracts only to the French, Russians and Chinese, believing the US and UK had double crossed him over Kuwait in 1990 and again in Desert Storm in 1998 (35) – (37).

President Obama’s suggestion that Megrahi should be placed under house arrest in Libya was particularly surreal, since, if the official US government line were true, he would be being held under house arrest by the same government that ordered him to carry out the Lockerbie bombing (38).

The oil companies may yet change from lobbying on behalf of Gaddafi to lobbying against him though, if he continues threats of nationalisation of Libya’s oil industry if they don’t give a greater share of oil contract profits to his government (39), (40).

The Real Outrages

The real outrages are that the Scottish justice system has been corrupted by the political and economic aims of the British and American governments; that large numbers of people have willingly subscribed to supporting a conspiracy and its supporting conspiracy theories because they preferred it the unpleasant truth the evidence suggested; that the guilty have been allowed to go unpunished; that the relatives of the dead have been denied the truth ;and most of all that a man was punished for a crime he never committed and kept from spending his time at home with his family and friends until he only had a few months to live.

There is considerably more evidence linking President George H.W. Bush to the killing of all the passengers of Iranian Air Flight 655, or Blair or Brown to deaths under torture in Iraq, or Obama and Bush to airstrikes killing thousands of civilians in Afghanistan and Pakistan, than there is that Abdelbasset Al Megrahi, or even Gaddafi, had anything to do with bombing Pan Am Flight 103.

If renewed oil deals with Libya threaten anyone’s rights it’s not relatives of those killed in the Lockerbie bombing, but ordinary Libyans who are now living under a dictatorship which is not only as brutal as it’s always been, but like so many others, is now backed by the US government and its allies in the EU. One Libyan who died in one of Gaddafi’s prisons shortly after Human Rights Watch questioned him was the man code-named “curveball”, who had been tortured into telling US intelligence what they wanted to hear – that Saddam had WMDs – and was used as a source by Colin Powell in his presentations to the UN. Shortly after they visited him HRW were informed that he had committed suicide (41) – (42).


(1) = New Statesman 17 Jan 2000 ‘Let's peeble the judges again’,
http://www.newstatesman.com/200001170028 (quotes Law Professor Robert Black of Edinburgh University)

(2) = BBC 19 Nov 1999 ‘Lockerbie trial judges named’,
http://news.bbc.co.uk/1/hi/526405.stm (see 5th and 6th paragraphs)

(3) = Herald 21 Aug 2009 ‘This shameful miscarriage has gravely sullied the Scottish criminal justice system’ Professor Robert Black , http://www.theherald.co.uk/search/display.var.2526665.0.this_shameful_miscarriage_has_gravely_sullied_the_scottish_criminal_justice_system.php

(4) = (3) above is also reproduced on his blog ‘The Lockerbie Case’ 21 Aug 2009 , http://lockerbiecase.blogspot.com/2009/08/this-shameful-miscarriage-has-gravely.html

(5) = Independent 21 Aug 2009 ‘Hans Köchler: I saw the trial – and the verdict made no sense’,
http://www.independent.co.uk/opinion/commentators/hans-kchler-i-saw-the-trial-ndash-and-the-verdict-made-no-sense-1775217.html

(6) = Paul Foot (1989-2001) ‘The Great Lockerbie Whitewash’ in Pilger, John (ed.) (2005) ‘Tell Me No Lies’, Vintage/Random House, London, 2005, pages 214-254

(7) = Observer 02 Sep 2007 ‘Vital Lockerbie evidence 'was tampered with'’, http://www.guardian.co.uk/business/2007/sep/02/theairlineindustry.libya

(8) = BBC News 14 Mar 2002 ‘UN monitor decries Lockerbie judgement’, http://news.bbc.co.uk/1/hi/1872996.stm

(9) = The Firm (Scottish lawyers’ magazine) 10 Jun 2008 ‘UN Observer to the Lockerbie Trial says ‘totalitarian’ appeal process bears the hallmarks of an “intelligence operation”’, http://www.firmmagazine.com/news/901/UN_Observer_to_the_Lockerbie_Trial_says_%E2%80%98totalitarian%E2%80%99_appeal_process_bears_the_hallmarks_of_an_%E2%80%9Cintelligence_operation%E2%80%9D_.html

(10) = Report on the appeal proceedings at the Scottish Court in the Netherlands (Lockerbie Court) in the case of Abdelbaset Ali Mohamed Al Megrahi v. H. M. Advocate by Professor Hans Köchler, international observer of the International Progress Organization nominated by UN Secretary-General Kofi Annan on the basis of Security Council resolution 1192 (1998)

(11) = Scottish Criminal Cases Review Commission 28 Jun 2007 ‘NEWS RELEASE
ABDELBASET ALI MOHMED AL MEGRAHI’,
http://www.sccrc.org.uk/ViewFile.aspx?id=293

(12) = PA 13 Aug 2009 ‘Lockerbie bomber 'may be released'’,
http://latestnews.virginmedia.com/news/infocus/2009/08/13/lockerbie_bomber_may_be_released?vmsrc=pamread
and
Scotsman 20 Aug 2009 ‘Lockerbie: Al Megrahi release welcomed by victims' relatives’,
http://latestnews.virginmedia.com/news/infocus/2009/08/13/lockerbie_bomber_may_be_released?vmsrc=pamread

(13) = Herald 13 Aug 2009 ‘Lockerbie families divided over possible release of Abdelbaset Ali Mohmed Al Megrahi’, http://www.heraldscotland.com/news/home-news/lockerbie-families-divided-over-possible-release-of-abdelbaset-ali-mohmed-al-megrahi-1.822758#

(14) = NYT 15 Jul 1988 ‘Iran Falls Short in Drive at U.N. To Condemn U.S. in Airbus Case’,
http://www.nytimes.com/1988/07/15/world/iran-falls-short-in-drive-at-un-to-condemn-us-in-airbus-case.html

(15) = Newsweek 13 Jul 1992 ‘Sea of Lies : Sea Of Lies : The Inside Story Of How An American Naval Vessel Blundered Into An Attack On Iran Air Flight 655 At The Height Of Tensions During The Iran-Iraq War-And How The Pentagon Tried To Cover Its Tracks After 290 Innocent Civilians Died’, http://www.newsweek.com/id/126358

(16) = Guardian 31 March 2004 ‘Lockerbie's dirty secret’, by Paul Foot,
http://www.guardian.co.uk/uk/2004/mar/31/lockerbie.libya

(17) = Paul Foot (1989-2001) ‘The Great Lockerbie Whitewash’ in Pilger, John (ed.) (2005) ‘Tell Me No Lies’, Vintage/Random House, London, 2005, pages 214-254

(18) = Sunday Times 01 Jul 2007 ‘Unpicking the Lockerbie truth’, http://www.timesonline.co.uk/tol/news/uk/article2009603.ece

(19) = Guardian 07 Apr 1999 ‘Lockerbie conspiracies: from A to Z ;
Based on a 1995 Guardian investigation by Paul Foot and John Ashton’,
http://www.guardian.co.uk/uk/1999/apr/07/lockerbie.patrickbarkham

(20) = Guardian 29 Jul 1995, SECTION: THE GUARDIAN WEEKEND, Page T22
‘INSIDE STORY: BODY OF EVIDENCE’,
http://leninology4.blogspot.com/2007/06/paul-foot-john-ashtons-1995.html

(21) = Coleman, Lester K & Goddard, Donald (1993) ‘Trail of the Octopus: From Beirut to Lockerbie - Inside the DIA’

(22) = Levine , Michael (2000) Deep Cover uPublish.com , 2000 (Levine is a former US Drug Enforcement Agency agent)

(23) = Scott , Peter Dale & Marshall , Jonathan(1998) Cocaine Politics University of California Press , LA & London ,1998

(24) = McCoy , Alfred (1991) The Politics of Heroin - CIA complicity in the global drug trade Lawrence Hill , New York ,1991

(25) = Cockburn , Alexander & St.Clair , Jeffrey (1998) Whiteout - The CIA , Drugs & The Press Verso , London & New York , 1998

(26) = Guardian 29 Jul 1995, SECTION: THE GUARDIAN WEEKEND, Page T22
‘INSIDE STORY: BODY OF EVIDENCE’,
http://leninology4.blogspot.com/2007/06/paul-foot-john-ashtons-1995.html

(27) = BBC News 18 May 2007 ‘BP returns to Libya in $900m deal’,
http://news.bbc.co.uk/1/low/business/6700255.stm

(28) = BBC 07 Jun 2007 ‘'No deal' over Lockerbie bomber’,
http://news.bbc.co.uk/1/hi/scotland/6731739.stm

(29) = Herald 25 Jul 2009 ‘Megrahi requests release from jail on compassionate grounds’
http://www.theherald.co.uk/news/news/display.var.2521983.0.megrahi_requests_release_from_jail_on_compassionate_grounds.php
(refers to May 2007 referendum between Blair and Gadaffi on transfer of ‘Libyan prisoners’ back to Libya)

(30) = Guardian 18 Jun 2007 ‘New doubt over conviction for Lockerbie bombing’, http://www.guardian.co.uk/uk/2007/jun/18/libya.lockerbie

(31) = Scottish Criminal Cases Review Commission 28 Jun 2007 ‘NEWS RELEASE
ABDELBASET ALI MOHMED AL MEGRAHI’,
http://www.sccrc.org.uk/ViewFile.aspx?id=293

(32) = Guardian 31 Jan 2002 ‘Saudi bomb victim's torture ordeal - and Britain's silence’,
http://www.guardian.co.uk/world/2002/jan/31/saudiarabia.politics

(33) = BBC News 13 Jan 2005 ‘US oil companies return to Libya’,
http://news.bbc.co.uk/1/hi/business/4219623.stm

(34) = NYT 22 Apr 2008 ‘U.S. oil firms want Libya exempted from terrorism compensation law’,
http://www.nytimes.com/2008/04/22/world/africa/22iht-libya.1.12217056.html?_r=1

(35) = Financial Times 16 Sep 2002 ‘Libya denies US allegations over weapons’

(36) = SABC (South African Broadcasting Company) News 22 Dec 2003 ‘Libya wants US oil companies back’

(37) = Washington Post 15 Sep 2002, 'In Iraqi War Scenario, Oil Is Key Issue : U.S. Drillers Eye Huge Petroleum Pool', http://www.washingtonpost.com/ac2/wp-dyn?pagename=article&contentId=A18841-2002Sep14

(38) = Guardian 21 Aug 2009 ‘Barack Obama attacks decision to free Lockerbie bomber’, http://www.guardian.co.uk/uk/2009/aug/20/lockerbie-bomber-release-libya-obama

(39) = AP 03 Mar 2009 ‘Libya Wants Greater Share of Its Oil Revenue’, http://www.cnbc.com/id/29494495

(40) = Forbes Magazine 22 Jan 2009 ‘Is Libya Going To Boot U.S. Oil Companies?’, http://www.forbes.com/2009/01/22/libya-gaddafi-oil-biz-energy-cx_ch_0122libya.html

(41) = HRW 11 May 2009 ‘Libya/US: Investigate Death of Former CIA Prisoner’, http://www.hrw.org/en/news/2009/05/11/libyaus-investigate-death-former-cia-prisoner

(42) =Washington Post 12 May 2009 ‘Detainee Who Gave False Iraq Data Dies In Prison in Libya’, http://www.washingtonpost.com/wp-dyn/content/article/2009/05/11/AR2009051103412.html