The Sunday Times October 23, 2005
Focus: Was justice done?
A HUSH fell over the room as Lord Fraser of Carmyllie
steeled himself for the most dramatic announcement of his
life. In the august, dark wood-panelled rooms of the Crown
Office in Edinburgh, the then Lord Advocate revealed the
names of those accused of one of the world’s worst terrorist
atrocities.
Abdelbaset Ali Mohamed al-Megrahi and Al-Amin Khalifa Fhimah,
agents of the Libyan intelligence service, were wanted on
charges of murder and conspiracy to murder for the downing
of Pan Am flight 103 over the Dumfriesshire town of
Lockerbie on December 21, 1988, with the loss of 270 lives.
“Warrants have been issued,” Fraser revealed to the world’s
media packed into the cramped room. “The two accused should
surrender themselves for trial.” Fifteen years on, Fraser
should be reflecting on the successful administration of
justice. Following an unprecedented trial heard by three
Scottish judges sitting in the Netherlands, one of the two
Libyans, Megrahi, is now languishing in a Scottish jail,
serving a life sentence for the crime. His co-accused was
cleared of involvement.
As Scotland’s most senior legal officer when Megrahi was
indicted, Fraser played a crucial role in bringing the
Libyan to book. Yet he has now joined a growing number of
people to voice disquiet about the legal proceedings which
resulted in the subsequent conviction.
Fraser’s apparent concern over the reliability of Tony Gauci,
the principal witness in the trial upon whose evidence the
case against Megrahi hung, follows a recent steady drip of
“revelations” which have stoked the fires of conspiracy.
That Megrahi’s appeal to the Scottish criminal cases review
commission is imminent is perhaps no coincidence but some of
the new evidence appears more compelling than that presented
at his trial and subsequent appeal.
The Crown’s case rested on a theory that the Lockerbie bomb
was hidden inside a Toshiba radio-cassette player packed
inside a Samsonite suitcase and wrapped in clothing.
Fingertip searches of the crash site found remains of these
items covered in explosive residue. Investigators claimed
both the suitcase and clothing were linked to Megrahi.
However, earlier this year a senior Scottish police officer,
now retired, was reported to have accused American
intelligence agents of planting a circuit board fragment,
identified as part of a sophisticated explosive timing
device made by Swiss firm Mebo and only supplied to Libya
and the East German Stasi. The officer has given a statement
to Megrahi’s lawyers.
The commission will also be asked to consider the
reliability of Allen Feraday, an expert forensic scientist
who confirmed the circuit board fragment was part of a
detonator. At least three other convictions in which Feraday
gave evidence have been quashed.
The commission will also be asked to consider apparent
anomalies suggesting that forensic evidence presented by the
Crown came from tests conducted months after the terror
attack. To prove that the bomb was inside the case,
investigators set off a series of explosions using an
identical suitcase and contents to check how they would be
damaged. Megrahi’s lawyers believe material produced during
the tests was presented to the court as if it were the
original suitcase.
Earlier this month it was reported that the British,
American and Libyan governments were negotiating the
transfer of Megrahi to a prison in his home country on the
condition that he drops his appeal. It was a proviso of his
conviction that he serve his 27-year jail term in Scotland.
Such a deal would suggest the British and American
governments would prefer the case was not reopened,
especially given that a successful appeal could sour their
new détente with Libya and would prove highly embarrassing
for the Scottish judicial system.
Fraser’s intervention raises fresh questions about the
reliability of evidence presented by Gauci, a Maltese
shopkeeper who claimed he sold Megrahi the clothes that were
wrapped around the bomb.
Megrahi was charged following an international investigation
co-ordinated by detectives from Dumfries and Galloway
police. During their three-year investigation, and with help
from police and intelligence forces around the world, they
interviewed 15,000 witnesses, checked 20,000 names and
analysed 180,000 pieces of evidence.
They discovered Megrahi had travelled from Tripoli to Malta
on December 20, the day the suitcase containing the bomb and
clothing was believed to have taken the same route. It was
subsequently packed onto a plane bound for Frankfurt and
then Heathrow.
“The Crown had a situation because it was quite clear
Megrahi had travelled from Tripoli to Malta on the 20th and
back on the 21st but they couldn’t establish what he had
done in Malta or that he had done anything untoward,” said a
source who followed the case closely.
In interviews with detectives Gauci repeatedly described the
man who bought the clothes from his shop, Mary’s House, in
the Maltese capital, Sliema, as 6ft tall and around 50 years
old, while Megrahi is 5ft 8in tall and was 36 in 1988.
Gauci also claimed that Megrahi stuck in his mind because he
appeared to pay no attention to sizes. However Gauci also
picked out Mohammed Abu Talb, a convicted terrorist, from a
newspaper photograph, as the man who bought the clothes.
Like Megrahi, Talb travelled to Malta late in 1988, close to
the time when the clothing was purchased yet, despite the
discrepancy, Gauci’s evidence was accepted by the trial
judges.
Fraser was a prominent Conservative figure in the 1980s and
1990s, appointed solicitor-general by Margaret Thatcher in
1982 and later made minister of state in the Scottish
Office, where he served as health minister. Last year he was
appointed by Jack McConnell to head an independent inquiry
into the Holyrood parliament building debacle.
As early as November 1991 Fraser publicly denied speculation
that investigators into the Lockerbie bombing had been
placed under political pressure not to implicate countries
such as Syria and Iran.
“Speculative pieces have come dismayingly close to impugning
the integrity of the investigation which led to the issue of
warrants,” he said at the time, dismissing suggestions that
the charges had been “restricted to meet what might be
perceived as changing political expedience”. He added: “The
judicial process has begun and I insist, simply and bluntly,
that these two men be brought to face trial.”
Among the theories which have competed with the explanation
that Megrahi carried out the atrocity singlehandedly is that
the bombers were agents of the Syrian-backed Popular Front
for the Liberation of Palestine General Command.
Some even claim the attack was sponsored by Iran in revenge
for the shooting down of an Iranian civilian airliner by the
American warship USS Vincennes in July 1988 killing all 290
passengers and crew on board.
William Taylor QC, Megrahi’s defence advocate, said Fraser’s
latest comments are highly significant.
“For the first time in my life I find myself in agreement
with Lord Fraser,” he said. “I’ve always held the opinion
that Megrahi did not purchase clothing in Mary’s House.
“Without that there was insufficient evidence to convict
him.
“[Gauci] made so many errors between the descriptions he
gave of the man who bought the clothing at the time and his
identification some 14 years later. To say that the evidence
could in any way, shape or form be relied upon struck me as
being beyond belief.”
Tam Dalyell, the former Labour MP instrumental in organising
the trial at Camp Zeist, described Fraser’s comments as an
“extraordinary development”.
“I think there is an obligation for the chairman and members
of the Scottish criminal review body to ask Lord Fraser to
see them and testify under oath — it’s that serious,” he
said.
“Fraser should have said this at the time and if not then,
he was under a moral obligation to do so before the trial at
Zeist. I think there will be all sorts of consequences.”
Lisa Mosey, whose 19-year-old daughter, Helga, was one of
the victims, said: “I think it’s an amazing thing for him to
say. I’m surprised. “The trial of Megrahi did not convince
us of his guilt, it left more questions than answers. I hope
this encourages the commission to review Megrahi’s appeal.”
Professor Robert Black, emeritus professor of Scots law at
Edinburgh university also believes Fraser’s apparent shift
is important. “It’s very interesting that someone who was
Lord Advocate, the man who, with the attorney-general of the
United States, said ‘we know who did it’ is clearly less
confident now than he was back then. I am always pleased at
any sign of people coming round to the view of Lockerbie
which I have held since the trial.”
Meanwhile in Greenock prison, as Megrahi whiles away the
hours in his cell, where he is said to enjoy a range of
perks including unlimited telephone calls and access to
Arabic television, he may take some comfort from Lord
Fraser’s comments.
While Fraser is this weekend being criticised for failing to
voice his concerns sooner, Megrahi, who faces at least
another two decades in jail, can only wait and watch, and
perhaps allow himself a small hope. The Libyan may even dare
to believe that freedom is within his grasp. For those
convinced of his innocence, justice may yet prevail.
[enditem]
2005 Times Newspapers Ltd. - The Times - Scotland - Url.:
http://www.timesonline.co.uk/article/0,,2090-1839039,00.html
How matrix media work - Url.:
http://tinyurl.com/8g3dp
Earlier text:
FPF: The general manager of Al Arabiya television
Disinformation: What's Syria's Next Move
Sun Oct 23, 2005 12:27
80.56.52.141
Concerns: What's Syria's Next Move* - an item by Abdul
Rahman Al-Rashed
''Blessed are the poor in spirit, for theirs is the kingdom
of heaven''
The general manager of Al Arabiya television, Mr. Al Rashed
is also the former editor-in-chief of Asharq Al- Awsat, and
the leading Arabic weekly magazine, Al Majalla. He is also a
senior Columnist in the daily newspapers of Al Madina and Al
Bilad.
He is a US post-graduate degree in mass communications. He
has been a guest on many TV current affairs programs. He is
currently based in Dubai. - [And writes this lousy story. I
wonder who's paying. - HR]
Mr. Al Rashed:
In your article - which I do not agree with because it
contains very much disinformation - you write the following:
"the existence of clear evidence against Syria similar to
the evidence of Libya's involvement in the Lockerbie
bombing."
IS THIS WHAT YOU MEAN, AS PUBLISHED IN THE UK: "POLICE CHIEF
- LOCKERBIE EVIDENCE WAS FAKED"
The Scotsman by the way, is a rather conservative newspaper
- Url.:
http://news.scotsman.com/index.cfm?id=1855852005
This is the bad reality, which you - certainly with your job
- should/must know, and either you're an ignorant, or you
keep silent. Both is a shame.
Lockerbie - as I wrote in Holland - is a $2.7 billion Sham
and Shame
UN quote: "This has been a political court case, where the
verdict already was decided upon in advance", a shocked
Professor Köchler - UN-observer at the Scottish Lockerbie
Court in the Netherlands - stated.
"A SPECTACULAR MISCARRIAGE OF JUSTICE " THE UN OBSERVER
CALLED IT.
Url.:
http://www.informationclearinghouse.info/article4460.htm
This should change your point of view, if you're not totally
victimized by the matrix many live in.
With the main questions: Who profits? Who's guilty?*
The Matrix story can be found at - Url.:
http://tinyurl.com/cvzeb
YOU'LL UNDERSTAND REALITY - AND THE ROLE YOU PLAY IN LIFE -
MUCH BETTER WHEN READING THIS BOOK: "AMERICA'S 'WAR ON
TERRORISM' - by Michel Chossudovsky [ISBN 0-9737147-1-9] -
Url.:
http://globalresearch.ca/globaloutlook/truth911.html
AND CAREFULLY READING AND TRYING TO UNDERSTAND THE
INHUMANITY BEHIND THE MATRIX, AND THE STORIES BEHIND THE
LINKS BELOW.
In case you feel like answering:
FOREIGN PRESS FOUNDATION
Editor : Henk Ruyssenaars
http://tinyurl.com/66dmo
The Netherlands
FPF@Chello.nl
* Syria's Next Move - by Abdul Rahman Al-Rashed - Url.:
http://aawsat.com/english/news.asp?section=2&id=2308
* FPF-HR - The Dutch author this far has worked abroad for
international media for more than 4 decades, as a fully
independent foreign correspondent, of which 10 years - also
during Gulf War I - in the Arab World and the Middle East.
Seeing worldwide that every bullet and every bomb breeds
more terrorism.
* The Nuremberg principles: "Any person who commits an act
which constitutes a crime under international law is
responsible therefor and liable to punishment." - Url.:
http://tinyurl.com/byurp
* 'The war in Iraq is illegal' - BBC: video & text-interview
of the United Nation's Secretary General Kofi Annan - Url.:
http://tinyurl.com/5pl2v
* The leaked 'Downing Street Memos' expose the criminal lies
by war criminals like Bush, Blair, Berlusconi(It.)
Balkenende(NL) - their collaborating media and other
malignant ilk - Url.:
http://www.downingstreetmemo.com/
* MSNBC - Poll: Ninety-four (94) percent believes that
George Bush and the neocon media mislead the nation to go to
war with Iraq - Url.:
http://www.msnbc.msn.com/id/8248969/
* ''The Lancet'' and the ''Johns Hopkins Bloomberg School of
Public Health'' report: ''Over 100.000 killed in the illegal
Iraq war''-Url.:
http://tinyurl.com/5gys7
* Bush interview. ABC: No WMD's but many killed: "It was
worth it" - Url.:
http://tinyurl.com/6bal9
* Former Secr. of State Madeleine Albright in her comment on
half a million dead children in Iraq: "We think it's worth
it" On CBS 60' Minutes - Url.:
http://tinyurl.com/2vmc8
* The must-see three-part BBC Documentary, "The Power of
Nightmares," puts it bluntly: "Al-Qaeda is a (neocon) myth."
- See Url.:
http://www.guardian.co.uk/terrorism/story/0,12780,1327904,00.html
* In Indonesia they steal millions, making and 'fighting'
their own terror - Url.:
http://tinyurl.com/cq36f
* Wayne Madsen: ''What has Israel to do with 9/11?'' - Url.:
http://tinyurl.com/bj754 - 'American neocons' - Url.:
http://tinyurl.com/b5vsb - The US Federal Reserve and
the private banks owning it - Url.:
http://tinyurl.com/d3ntq
* Are their Corporate News Media Incompetent, Criminally
Negligent or Complicit? - Url.:
http://tinyurl.com/cqpfe
* Brainwashed? - Take the free 'Gullibility Factor' test to
find out if you're really a mind slave, or not - Url.:
http://tinyurl.com/cbgnc
* Colin Powell: 'It is not anti-Semitic to criticize the
policies of the state of Israel' - Url.:
http://tinyurl.com/22p6c
* Neoconservatism as a Jewish Movement - Url.:
http://tinyurl.com/5k7vx
* American car magnate Henry Ford investigated 85 years ago
the global problem - Url.:
http://tinyurl.com/2xz35
* Help all the troops of whatever nationality to come back
from abroad! We need them badly at home in many countries -
AND WITH ALL THEIR WEAPONS, WHICH WE PAID FOR BY TAXES - to
fight with us against our so called 'governments' and their
malignant managers - Url.:
http://www.bringthemhomenow.org/
* The World Can't Wait! - Drive out the neocons and their
'Bush Regime' - Mobilize for November 2, 2005! - Url.:
http://www.worldcantwait.org/
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