-Caveat Lector-

http://www.guardian.co.uk/Archive/Article/0,4273,4206312,00.html

Lockerbie was an impossible verdict

The conviction left a disturbing list of unanswered questions

by Richard Norton-Taylor

Guardian (London)
Tuesday June 19, 2001

On  January  31,  after  an  eight-month trial, three Scottish judges,
sitting  in  a special court at Camp Zeist in the Netherlands, found a
Libyan  intelligence  officer, Ali Al-Megrahi, guilty of the Lockerbie
bombing  -  Britain's  biggest mass murder - acquitting his colleague,
Khalifa Fhimah.

Two  days  earlier, senior Foreign Office officials briefed a group of
journalists  in London. They painted a picture of a bright new chapter
in  Britain's  relations  with  Colonel  Gadafy's regime. They made it
quite  clear  they  assumed  both  the  Libyans  in  the dock would be
acquitted.

The  FO  officials were not alone. Most independent observers believed
it was impossible for the court to find the prosecution had proved its
case against Megrahi beyond reasonable doubt.

It  was  not  only  the  lack  of hard evidence - something the judges
admitted  in  their  lengthy  judgment.  The case was entwined, if the
judges were right, in a sequence of remarkable coincidences.

Doubts  about  the  prosecution's  case  and  the  judges' verdict are
spelled  out  in  Cover-Up  of  Convenience,  published this week. Two
journalists, John Ashton and Ian Ferguson, examine in detail what Paul
Foot  has  already succinctly written in Private Eye's special report,
Lockerbie, The Flight from Justice.

                    ***************************
For  more  than  a  year, western intelligence agencies pointed to the
Popular  Front  for the Liberation of Palestine - General Command, led
by  Ahmed  Jibril.  It  is  not hard to see why. Two months before the
Lockerbie disaster, German police arrested members of the PFLP-GC near
Frankfurt  where, according to the prosecution, the bag containing the
bomb was placed on the Pan Am airliner.

Among   those  arrested  was  Marwan  Khreesat,  who  was  found  with
explosives  and  a  Toshiba cassette player similar to the one said to
have  contained the bomb. Khreesat was released. It was later revealed
he was a Jordanian double agent.

The  Jordanians did not allow him to appear as a witness at the trial.
Instead, he was interviewed by an FBI agent, Edward Marshman. Marshman
described  how Khreesat told him how he infiltrated the PFLP-GC, how a
second  Toshiba  bomb  had  gone  missing, and about his contacts with
another  member  of Jibril's group, Abu Elias, said to be an expert in
airline security.

Elias  is mentioned in a report written by Mobdi Goben, another member
of  the  PFLP-GC,  shortly before he died. The Goben memorandum claims
Elias  planted  the  bomb  in the luggage of Khalid Jaafar, a Lebanese
American    passenger    allegedly    involved   in   a   CIA-approved
heroin-smuggling  operation. The luggage used for these operations, it
is claimed, bypassed normal security screening.

The prosecution asked a "foreign government", believed to be Syria, to
hand  over information about Goben's allegations. Syria refused. Syria
was central to the original explanation. This was that the bombing was
funded  by  Iran  in  retaliation for the mistaken shooting down of an
Iranian  airliner  by an American warship, the USS Vincennes, over the
Persian Gulf in July 1988.

                        ****************************

There  is a widespread view that the US and Britain changed their tack
when they badly needed Syria's support, and Iran's quiescence, for the
Gulf  war  after  the  Iraqi  invasion  of  Kuwait  in 1990. They thus
fingered  the  two  Libyans,  insisting  they  placed  the  bomb in an
unaccompanied bag at Malta's Luqa airport, where it was transferred to
the  Pan  Am  plane  at Frankfurt. An earlier Palestinian suspect, Abu
Talb, had also visited Malta. He was later held in Sweden on terrorist
charges and identified by the British as a prime suspect.

You  don't  have to look for conspiracies - maybe Jaafar's presence on
the  plane  has  an  entirely  innocent  explanation - to question the
prosecution's  version  of  events.  US authorities issued a series of
specific  warnings  about  a  bomb threat before Lockerbie. These, and
intelligence  reports  implicating Iran, were dismissed as speculative
or hoaxes.

The  evidence  of  Tony  Gauci,  the  Maltese shop owner was extremely
shaky.  He was uncertain about dates and the weather that day. He told
the  police  the purchaser was "six foot or more" and over 50. Megrahi
was five foot eight inches and 37 at the time.

According  to Ashton and Ferguson, replica MST-13 timers - implicating
Megrahi  but  only  presented  as  evidence  after a long delay - were
manufactured  by  the  CIA  but that information was not passed to the
defence. The evidence of Abdul Giaka, a Libyan who defected to the CIA
and  star prosecution witness, was described by the judges as "at best
exaggerated, at worst simply untrue".

The   judgment   is   littered  with  assumptions  and  criticisms  of
prosecution witnesses. They refer to a "mass of conflicting evidence".
Megrahi has lodged an appeal. The Scottish appeal judges surely owe it
to   the  victims'  families  to  explain  the  string  of  unanswered
questions.

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