Thread: CIA Involvement: Police chief: Lockerbie evidence was faked

CIA Involvement: Police chief: Lockerbie evidence was faked
CIA planted tiny fragment of circuit board crucial in convicting a Libyan for the 1989 mass murder of 270 people


by Marcello Mega
The Scotsman - 2006-08-28


This report was published by the Scotesman exactly three years ago. "the CIA planted the tiny fragment of circuit board crucial in convicting a Libyan for the 1989 mass murder of 270 people."


A former Scottish police chief has given lawyers a signed statement claiming that key evidence in the Lockerbie bombing trial was fabricated.

The retired officer - of assistant chief constable rank or higher - has testified that the CIA planted the tiny fragment of circuit board crucial in convicting a Libyan for the 1989 mass murder of 270 people.

The police chief, whose identity has not yet been revealed, gave the statement to lawyers representing Abdelbaset Ali Mohmed Al Megrahi, currently serving a life sentence in Greenock Prison.

The evidence will form a crucial part of Megrahi's attempt to have a retrial ordered by the Scottish Criminal Cases Review Commission (SCCRC). The claims pose a potentially devastating threat to the reputation of the entire Scottish legal system.

The officer, who was a member of the Association of Chief Police Officers Scotland, is supporting earlier claims by a former CIA agent that his bosses "wrote the script" to incriminate Libya.

Last night, George Esson, who was Chief Constable of Dumfries and Galloway when Megrahi was indicted for mass murder, confirmed he was aware of the development.

But Esson, who retired in 1994, questioned the officer's motives. He said: "Any police officer who believed they had knowledge of any element of fabrication in any criminal case would have a duty to act on that. Failure to do so would call into question their integrity, and I can't help but question their motive for raising the matter now."

Other important questions remain unanswered, such as how the officer learned of the alleged conspiracy and whether he was directly involved in the inquiry. But sources close to Megrahi's legal team believe they may have finally discovered the evidence that could demolish the case against him.

An insider told Scotland on Sunday that the retired officer approached them after Megrahi's appeal - before a bench of five Scottish judges - was dismissed in 2002.

The insider said: "He said he believed he had crucial information. A meeting was set up and he gave a statement that supported the long-standing rumours that the key piece of evidence, a fragment of circuit board from a timing device that implicated Libya, had been planted by US agents.

"Asked why he had not come forward before, he admitted he'd been wary of breaking ranks, afraid of being vilified.

"He also said that at the time he became aware of the matter, no one really believed there would ever be a trial. When it did come about, he believed both accused would be acquitted. When Megrahi was convicted, he told himself he'd be cleared at appeal."

The source added: "When that also failed, he explained he felt he had to come forward.

"He has confirmed that parts of the case were fabricated and that evidence was planted. At first he requested anonymity, but has backed down and will be identified if and when the case returns to the appeal court."

The vital evidence that linked the bombing of Pan Am 103 to Megrahi was a tiny fragment of circuit board which investigators found in a wooded area many miles from Lockerbie months after the atrocity.

The fragment was later identified by the FBI's Thomas Thurman as being part of a sophisticated timer device used to detonate explosives, and manufactured by the Swiss firm Mebo, which supplied it only to Libya and the East German Stasi. At one time, Megrahi, a Libyan intelligence agent, was such a regular visitor to Mebo that he had his own office in the firm's headquarters.

The fragment of circuit board therefore enabled Libya - and Megrahi - to be placed at the heart of the investigation. However, Thurman was later unmasked as a fraud who had given false evidence in American murder trials, and it emerged that he had little in the way of scientific qualifications.

Then, in 2003, a retired CIA officer gave a statement to Megrahi's lawyers in which he alleged evidence had been planted.

The decision of a former Scottish police chief to back this claim could add enormous weight to what has previously been dismissed as a wild conspiracy theory. It has long been rumoured the fragment was planted to implicate Libya for political reasons.

The first suspects in the case were the Syrian-led Popular Front for the Liberation of Palestine - General Command (PFLP-GC), a terror group backed by Iranian cash. But the first Gulf War altered diplomatic relations with Middle East nations, and Libya became the pariah state.

Following the trial, legal observers from around the world, including senior United Nations officials, expressed disquiet about the verdict and the conduct of the proceedings at Camp Zeist, Holland. Those doubts were first fuelled when internal documents emerged from the offices of the US Defence Intelligence Agency. Dated 1994, more than two years after the Libyans were identified to the world as the bombers, they still described the PFLP-GC as the Lockerbie bombers.

A source close to Megrahi's defence said: "Britain and the US were telling the world it was Libya, but in their private communications they acknowledged that they knew it was the PFLP-GC.

"The case is starting to unravel largely because when they wrote the script, they never expected to have to act it out. Nobody expected agreement for a trial to be reached, but it was, and in preparing a manufactured case, mistakes were made."

Dr Jim Swire, who has publicly expressed his belief in Megrahi's innocence, said it was quite right that all relevant information now be put to the SCCRC.

Swire, whose daughter Flora was killed in the atrocity, said last night: "I am aware that there have been doubts about how some of the evidence in the case came to be presented in court.

"It is in all our interests that areas of doubt are thoroughly examined."

A spokeswoman for the Crown Office said: "As this case is currently being examined by the SCCRC, it would be inappropriate to comment."

No one from the Association of Chief Police Officers in Scotland was available to comment http://news.scotsman.com/index.cfm?id=1 ... rmat=print

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Lockerbie Investigator Disputes Story
Richard Marquise led the U.S. task force that investigated the bombing


by Ludwig De Braeckeleer
October 6, 2007
Ohmynews


"Proper judicial procedure is simply impossible if political interests and intelligence services -- from whichever side -- succeed in interfering in the actual conduct of a court … The purpose of intelligence services -- from whichever side -- lies in secret action and deception, not in the search for truth. Justice and the rule of law can never be achieved without transparency." --Hans Koechler, U.N. observer at the Zeist trial On Sept. 6, OhmyNews International published a story related to a sensational document known as the Lumpert affidavit. (See "Key Lockerbie Witness Admits Perjury.)

Ulrich Lumpert was a key witness (No. 550) at the Camp Zeist trial, where a three-Judge panel convicted a Libyan citizen of murdering 270 persons who died in the bombing of Pan Am 103 over Lockerbie.

"I confirm today on July 18, 2007, that I stole the third hand-manufactured MST-13 Timer PC-board consisting of 8 layers of fiberglass from MeBo Ltd. and gave it without permission on June 22, 1989, to a person officially investigating in the Lockerbie case," Lumpert wrote.

On Sept. 7, the agent who led the Lockerbie investigation for the FBI wrote to me and criticized the article on several grounds, but most importantly, he alleged that the Lumpert affidavit was a "total fabrication."

Richard Marquise led the U.S. task force that investigated the Lockerbie bombing. He has authored a book on the subject: Scotbom: Evidence and the Lockerbie Investigation. He wrote to me:

"Lumpert's new statement is a total fabrication. He was interviewed several times, including at a judicial hearing in Switzerland as well as the trial itself and he never wavered in his story. His statement that he gave a "stolen timer" to a Scottish officer in 1989 does not even fit the timeline since we had no idea about the origins of PT-35 at that time. We identified MeBo in the summer of 1990. With all due respect, I must state very unambiguously that I remain convinced that the document is authentic and that the story is not a hoax. Moreover, I have obtained a document that strongly suggests that the timeline of the events related to the identification of the MST-13 timer has been fabricated."

Since the publication of the article, a well-informed source has told me that Lumpert has signed four affidavits. The documents were certified by notary Walter Wieland under Nr. 2069 to 2072.

I am now in possession of one of these four documents and I have received confirmation from the proper Swiss authority that Wieland indeed certified these documents on July 18 and that he is competent for doing so.

Although I was initially very skeptical of the Lumpert affidavit, I came to the conclusion that I have no reason to doubt its authenticity or the truthfulness of its content.

Indeed, both the timing of Lumpert's admission of perjury, his motivation for doing so as stated in the affidavit, as well as the content of the document led me to believe that the story is not a fabrication.

Lumpert wrote that he wishes to clear his conscience and that he can no longer "be prosecuted for stealing, delivering and making false statements about the MST-13 Timer PC-board, on grounds of statutory limitation."

Moreover, as I explained at length in the Sept. 6 article, the Lumpert affidavit, in just seven paragraphs, elucidates all of the longstanding mysteries surrounding the infamous MST-13 timer, which allegedly triggered the bomb that exploded Pan Am 103 over Lockerbie on Dec. 21, 1988.

Conspiracy Theory?

I wish to add that I am obviously not the only one who had reached such a conclusion. The possibility that evidence has been fabricated in order to secure the conviction of the Libyans has gained support among many people who could hardly be described as conspiracy theorists.

Jim Swire, Robert Black and Hans Koechler are among the best-informed people about the extremely complex Zeist trial.

Black QC FRSE (Queen's Council and Fellow of the Royal Society of Edinburgh) has been Professor of Scots Law in the University of Edinburgh since January 1981, having previously been in practice at the Scottish Bar. He is now professor emeritus.

For various periods he served as head of the Department of Scots Law (later Private Law). He has been an advocate since 1972 and a QC since 1987. From 1987 to 1996 he was general editor of The Laws of Scotland: Stair Memorial Encyclopedia (25 volumes). From 1981 to 1994 he served as a temporary sheriff (judge).

He has taken a close interest in the Lockerbie affair since 1993, not least because he was born and brought up in the town, and has published a substantial number of articles on the topic in the United Kingdom and overseas. He is often referred to as the architect of the Lockerbie trial at Camp Zeist in the Netherlands.

Black's support for the story is obvious from the fact that he posted my article on his Web site. In a comment posted on OMNI, Black went out of his way to express his agreement with the 18-page analysis of the consequences of the Lumpert affidavit. "A masterly review of the weaknesses in the Lockerbie court's conviction of [Abdelbaset Al] Megrahi," Black wrote.

In April 2000, professor Koechler was appointed by U.N. Secretary General Kofi Annan as international observer at the Lockerbie bombing trial that was held at Camp Zeist, Netherlands.

Koechler has also posted the article on his Web site. He wrote this comment on OMNI:

This is a well-researched analysis which precisely reveals the serious mistakes and omissions by the official Scottish investigators as well as the carelessness and lack of professionalism of the judges in the Lockerbie case. The Scottish judicial authorities are under the obligation to investigate possible criminal misconduct in the investigation and prosecution of the Lockerbie case. On July 4, 2007, Koechler wrote to Scottish First Minister Alex Salmond, reiterating his call for a "full and independent public inquiry of the Lockerbie case."

Dr. Swire, who lost his daughter in the Lockerbie bombing, is a founder and the spokesperson of the U.K. Families 103, which campaigns to seek the truth about the worst act of terror ever committed in the U.K. In a letter addressed to my editor, he wrote that the article was "one of the best informed and most realistic" he had seen.

I promised Richard Marquise that I would make an effort "to see things from the other side." And I will. But for now, we must agree to disagree. I leave him with a comment posted by Iain McKie -- someone who knows all about the consequences of forensic mistakes.

Another Lockerbie mystery is why, given this latest opportunity [Megrahi's second appeal] to uncover the truth about this terrorist outrage that claimed the lives of people from 21 countries (including 189 Americans), and given the U.S. and British high profile "war on terror," is the political silence so deafening?

I find it increasingly difficult to argue with Dr. De Braeckeleer's conclusion: "Shame on those who committed this horrific act of terror. Shame on those who have ordered the cover-up. Shame on those who provided false testimony, and those who suppressed and fabricated the evidence needed to frame Libya. And shame on the media for their accomplice silence." The McKie's know best than most the cost of injustice. Shirley McKie was a successful policewoman until her life was shattered in February 1997 when four experts from the Scottish Criminal Records Office incorrectly identified a thumbprint from a crime scene as hers.

Marquise has made other comments about the article that I will discuss at a later time. However, I wish to point out that Marquise is right to state that the quotes attributed to Michael Scharf, formerly of U.S. State Department's Office of the Legal Adviser for Law Enforcement and Intelligence, although correct do not represent exactly his opinion, as they have been printed out of context by the British media. (Scharf helped draft the sanctions against Libya.)

Scharf wrote to me:

"The text of the quotes is more or less accurate but is out of context, giving the misimpression that I thought that the two Lockerbie defendants were innocent and the U.S. government knew this all along. In fact, I referred to them as "fall guys" because I felt the case should not have focused exclusively on them, but rather should have gone up the chain of command all the way to Khadaffi [Muammar al-Qaddafi], and should also have focused on the possible involvement of third countries.

It is true, as your quote indicates, that I felt the evidentiary case presented at Camp Zeist was not as strong as the Department of Justice had led the Department of State to believe it would be at the time we were pushing for sanctions against Libya in the U.N., but that is not to say that I thought the defendants were actually innocent of wrong doing, which is the impression left by the quotes. If there is one thing we can all agree on, it is the fact that no one except the judges is satisfied with the Lockerbie trial."

Meanwhile, new extraordinary revelations have surfaced that support my view that the Lockerbie trial was engineered by Western intelligence services to frame Libya.

'Secret' Lockerbie Report Claim

Crucial information in the possession of the CIA that is related to the timer issue was withheld from the defense. The Heraldof Glasgow revealed on Oct. 2 that "a top secret [CIA] document vital to unearthing the truth about the Lockerbie bombing was obtained by the Crown Office but never shown to the defense team."

"The Scottish Criminal Cases Review Commission (SCCRC) has uncovered there is a document which was in the possession of the crown and was not disclosed to the defense, which concerns the supply of MST-13 timers. Moreover, the commission has determined the decision to keep the document from the defense may have constituted a miscarriage of justice," the paper reported a source as saying.

The prosecutors have refused to make public the ultra secret document on the basis of national security. Many have been wondering what national security has to do with the Lockerbie bombing. "It is shocking to me that after 19 years of trying to get to the truth about who murdered my daughter national security is being used as an excuse," said Swire.

After having seen the CIA document, the Scottish Criminal Cases Review Commission team that investigated the conviction of Abdelbaset Al Megrahi decided to grant him a second appeal. The document has not yet been seen by the defense. The document is thought to dispute the pivotal fact that the bomb was triggered by the MST-13 timer that linked the case to Libya.

The non-disclosure agreement was signed by Norman McFadyen, then one of the leading members of the prosecution, on June 1, 2000.

In an exclusive interview earlier this week, Koechler told Gordon Brewer of the BCC's "Newsnight Scotland,"

The withholding of evidence by the investigators and the prosecution from the defense at the Lockerbie court is a serious breach of the fundamental norms of a fair trial. If such action occurs on the basis of a written commitment given to a foreign intelligence service, as has now been revealed concerning crucial evidence related to the timer that allegedly triggered the explosion of Pan Am 103 over Lockerbie, the judicial nature of the entire proceedings is to be put into question.

If a foreign intelligence service is allowed to determine what evidence may be disclosed in court and what not, judicial proceedings before a court of law are perverted into a kind of intelligence operation the purpose of which is not the search for the truth, but the obfuscation of reality. Black has said,

If a foreign intelligence agency says they would be prepared to give the crown access only if they promise to keep the information secret, then it is the responsibility of the crown to say we cannot do that. They have an ethical responsibility not to sign such agreements.

This tends to indicate that the crown has not changed its fundamental stance that says they will decide what the public interest is and what information should or should not be disclosed. That is fundamentally wrong. The source in the Herald's report agrees: "The commission was unable to obtain authority for its disclosure. Without access to this document, the defense is disabled from putting before the court full and comprehensive grounds of appeal as to why the conviction should be quashed."

CIA Offered $2m to Lockerbie Witnesses

It now appears that huge amounts of money were offered by U.S. officials to at least three key witnesses. The defense was never told that the CIA had offered millions of dollars to their star witnesses.

"We understand the commission found new documents which refer to discussions between the U.S. intelligence agency and the Gaucis [Tony and his brother Paul] and that the sum involved was as much as $2m," a source close to the case told The Herald, according to an Oct. 3 report. "Even if they did not receive the money, the fact these discussions took place should have been divulged to the defense." Tony Gauci was an instrumental witness in the case.

On Oct. 5, Edwin Bollier, head of the Zurich-based company MeBo, told Koechler that during a visit to the headquarters of the FBI in Washington, D.C., at the beginning of 1991, he was offered an amount of up to $4 million plus a new identity in the U.S. if he would testify in court that the timer fragment that was allegedly found on the crash site around Lockerbie stemmed from a MST-13 timer that his company had delivered to Libya.

Media Silence

Will the media finally cover this extraordinary affair? Perhaps. In France, Le Figaro has published a couple of stories, one of which was entitled: "And if Libya Was Innocent …" Television channel France 3 reported the story of the Lumpert affidavit.

In the U.K., The Herald has picked up the latest developments in the story. The BBC has published a few lines about it. The London journal Private Eye is rumored to be running the story in its next edition. U.S. media remain amazingly silent.

Quo Vadis?

"In view of all these revelations and serious allegations, Koechler renewed his call for an independent international investigation of the handling of the Lockerbie case by the Scottish and British authorities," wrote Gordon Brewer of the BCC's "Newsnight Scotland."

"It remains to be seen whether the Scottish judicial and political system will live up to the challenge and whether the authorities will allow a full and objective inquiry," Brewer said. I have very little hope that the Scottish judicial and political system will allow an independent international investigation.

For now, I encourage my readers to reflect upon a Persian saying. "Shame on those who committed the deed. Shame on those who allowed the deed to be committed."

Ludwig De Braeckeleer has a Ph.D. in nuclear sciences. He teaches physics and international humanitarian law. He blogs on "The GaiaPost."

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Was Libya Framed for Lockerbie Bombing?


Gulf News - 2007-09-04


On December 21 1988, a Pan Am plane mysteriously exploded over Scotland causing the death of 270 people from 21 countries. The tragedy provoked global outrage. In 1991, two Libyans were charged with the bombing.

In the event, only Abdulbaset Ali Mohammad Al Megrahi, a Libyan agent, was pronounced guilty by a panel of three judges, who based their decision on largely circumstantial evidence. Al Megrahi and the Libyan government have protested their innocence all along.

Nevertheless, after suffering punitive UN sanctions which froze overseas Libyan bank accounts and prevented the import of spare parts needed for the country's oil industry, Tripoli reluctantly agreed to pay $2.7 billion to victims? families ($10 million per family), on condition the pay-out would not be deemed as admission of guilt.

In February, 2004, the Libyan prime minister told the BBC that his country was innocent but was forced to pay-up as a "price for peace".

Al Megrahi is currently serving a life sentence but earlier this year the Scottish Criminal Cases Review Commission ruled there may have been a miscarriage of justice on the basis of lost or destroyed evidence.

Later this month, a Scottish appeals court is due to revisit the case and is expected to overturn Al Megrahi's conviction as unsafe.

The Libyan leader's son Saif Al Islam recently said he is confident Al Megrahi will soon be found innocent and will be allowed to return home.

On Sunday, an Observer expose written by Alex Duval Smith reported "a key piece of material evidence used by prosecutors to implicate Libya in the Lockerbie bombing has emerged as a probable fake" with allegations of "international political intrigue and shoddy investigative work" levelled at "the British government, the FBI and the Scottish police".

The Observer story maintains Ulrich Lumpert a Swiss engineer who was "a crucial witness" has now confessed that he lied about the origins of a timer switch.

Recently, Lumpert gave a sworn declaration to a Swiss court, which read "I stole a prototype MST-13 timing device" and "gave it without permission on June 22, 1989 to a person who was officially investigating the Lockerbie affair".

The owner of the company that manufactured the switch - forced into bankruptcy after being sued by Pan Am - says he told police early in the enquiry that the timer switch was not one his company had ever sold to Libya.

Moreover, he insists the timer switch shown to the court had been tampered with since he initially viewed it in Scotland, saying the pieces appeared to have been "carbonised" in the interim. He also says the court was so determined to prove Libya's guilt it brushed aside his evidence.

In 2005, a former Scottish police chief signed a statement alleging the CIA had planted fragments of a timer circuit board produced at trial, evidence supporting earlier claims by a former CIA agent to the effect his agency "wrote the script" to ensure Libya was incriminated.

There are also allegations that clothing allegedly purchased by the bomber in Malta before it was wrapped around the bomb, was intact when discovered but by the time it reached the court it was in shreds.

Life sentence

The shopkeeper who sold the item made a statement to the effect Al Megrahi had never been a customer. Instead, he identified an Egyptian-born Palestinian Mohammad Abu Talb - now serving a life sentence in Sweden for a synagogue bombing.

Professor Hans Koechler, appointed by the UN to be an observer at the trial, has termed its outcome "a spectacular miscarriage of justice". Koechler has repeatedly called for an independent enquiry, which, to date, the British government has refused to allow.

Oliver Miles, a former British ambassador to Libya, insists "no court is likely to get to the truth, now that various intelligence agencies have had the opportunity to corrupt the evidence".

Jim Swire, the father of one of the Lockerbie victims, said "Scottish justice obviously played a leading part in one of the most disgraceful miscarriages of justice in history."

Craig Murray, a former British ambassador, who was earlier second-in-command of Britain's Aviation and Maritime Department from 1989 to 1992, writes about a strange incident on his website.

Murray says a colleague told him "in a deeply worried way" about an intelligence report indicating Libya was not involved in the Pan Am bombing. When he asked to see it, his colleague said it was marked for named eyes only, which Murray describes as "extremely unusual". Earlier, a CIA report that had reached a similar conclusion had been conveniently buried.

If Al Megrahi walks, as is likely, Libya will be vindicated and would presumably be able to reclaim monies paid in compensation along with its reputation.

This would also be a highly embarrassing turn of events for Britain and the US not to mention their respective intelligence agencies, and would leave the question of who bombed Pan Am Flight 103 unanswered.In a perfect world, Libya should also receive an apology from its accusers and should be allowed to sue for damages for all that it lost as a result of UN sanctions.

But in a world where political expediency often triumphs, the appeal has no foregone conclusion despite the exposure of dubious "evidence" and suspect "witnesses".

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