Showing posts sorted by date for query senussi. Sort by relevance Show all posts
Showing posts sorted by date for query senussi. Sort by relevance Show all posts

Wednesday 18 January 2023

CIA Director's Libya visit prompts speculation about Senussi handover

[What follows is excerpted from an article headlined CIA Director’s visit to Libya Not Just a Visit published yesterday on The Libya Update website:]

The visit of the Director of the Central Intelligence Agency William J Burns to Libya was surrounded by a halo of mystery and a lack of details about its reasons, which opened the door to wide speculation, especially about its timing. The visit came weeks after the handover of Abu Agila Mohammad Mas’ud, suspected of making the bomb that destroyed a passenger plane over Lockerbie, Scotland, in 1988 that killed 190 Americans, amid rumors that more suspects will be extradited. (...)

The head of the Libyan government in Tripoli, Abd al-Hamid al-Dbeibeh, had received Burns, accompanied by the Chargé d’Affairs of the US Embassy and his accompanying delegation, in the presence of Libya’s Foreign Minister Najla El Mangoush, and the head of the intelligence service, Hussein al-A’eb. This was amid remarkable secrecy on what was discussed or agreed upon during the visit.

According to the media office of the Libyan government, Burns stressed “the need to develop economic and security cooperation between the two countries.” (...)

Ned Price, the Spokesperson for the US Department of State said he cannot comment on the visit of US Intelligence Director William Burns to Libya. (...)

This American secrecy about the reasons for this visit increased the interest of observers in Libya, with anticipation of its results soon. This is especially regarding the extradition of more suspects in the “Lockerbie” case, such as Abdullah al-Senussi, the former intelligence chief and brother-in-law of Colonel Gaddafi. He was the second man in the Gaddafi regime, who is currently in a prison in the Libyan capital. (...)

The visit of an American official of this level to Libya for the first time since 2012, amid a complex situation in the country, and weeks after the controversial handover of Mas’ud to Washington, all of this makes the visit worth the attention that has been focused on it, according to the Libyan academic and analyst, Abdul Ghani Atia.

“This visit will completely shuffle the cards in the Libyan scene. On the one hand, it was no surprise that many talk that Abdullah Al-Senussi will be handed over to the US,” Atia believes.

“If Al-Senussi, who is accused of war crimes inside Libya and considered a controversial figure in the country, is extradited, this will represent a cave of treasures in the Lockerbie case. The man was Gaddafi’s right arm, and he is even more dangerous than Saif al-Islam, the son of Gaddafi himself.” Atia said.

[A further article about the implications of the visit can be found in US spy chief gives his support to Libya PM as part of a deal over Lockerbie? by Martin Jay on the Strategic Culture Foundation website.]

Saturday 7 January 2023

Politics has obstructed justice for victims of the Lockerbie bombing

[This is the headline over an article by Kim Sengupta published today on the website of The Independent. It reads in part:]

The appearance of Agila Mohammad Masud al Marimi in an American court last month after being held captive in Libya has been portrayed as a vital breakthrough in the long pursuit of justice in the Lockerbie bombing.

It is nothing of the kind. It is, instead, continuation of a course of action which had resulted in a shameful miscarriage of justice; one which brings us no nearer to establishing the truth about the terrible atrocity in which 270 people were killed when their Pan Am flight was blown up just before Christmas in 1988.

The Libyan government – such as it is in the currently fractured country – has ordered an investigation into the abduction of the 71-year-old man from his home in Tripoli by a militia before he turned up in the US. The country’s attorney general did not issue an arrest warrant, and says the handover to American authorities is likely to have been illegal.

The “confession” that he was the Lockerbie bombmaker which Masud – a former Gadaffi regime agent – allegedly made to Libyan officials after he was seized in Libya a decade ago, has long been considered dubious by many with knowledge of the bombing and its subsequent investigation.

The US Secretary of State Antony Blinken insisted that the rendition of Masud was the “product of years of cooperation between US and Scottish authorities and the efforts of Libyan authorities over many years.” Officials in Washington have refused to furnish any details of how the transaction took place.

But it is not just possible abuse of procedure which is the main issue in this. The prosecution of Masud is predicated on the narrative that Abdelbaset al-Megrahi, a Libyan, was responsible for the attack.

But many of those closely involved in the case are convinced that his conviction, by a Scottish court, was fundamentally unjust, should have been overturned and have been campaigning for this over the years.

I saw Megrahi in the winter of 2011 in Tripoli, where he had been sent from his prison in Scotland after being diagnosed with terminal cancer. He was lying in bed attached to a drip, oxygen mask on his skeletal face, drifting in and out of consciousness. The medicine he needed had been plundered by looters in the chaotic aftermath of the fall of the Gaddafi regime; the doctors treating him had fled.

The vengeful pursuit of Megrahi, the feeling that he had escaped justice by failing to die in a cell, persisted among those who were adamant that he was guilty. He was faking his illness, they claimed right until his death; there were demands that the post-revolutionary Libyan government should arrest and send him back to Scotland or on to the US.

Megrahi died a few months later.

Members of some of the bereaved families in the bombing have long been convinced that his conviction was wrong. Dr Jim Swire, who lost his daughter, Flora was clear: “I went into that court thinking I was going to see the trial of those who were responsible for the murder of my daughter. I came out thinking he had been framed. I am very afraid that we saw steps taken to ensure that a politically desired result was obtained.”

I reported from the specially constituted Scottish court at Camp Zeist in the Netherlands, where Megrahi and his fellow Libyan defendant, Lamin Khalifa Fhimah, were tried and the flaws in the prosecution case became apparent very early.

The two men were charged with what amounted to joint enterprise, yet Megrahi was found guilty and Fhimah was freed. The prosecution evidence was circumstantial and contradictory. Key prosecution witnesses were shaky under cross-examination.

The evidence of a supposedly prime “CIA intelligence asset”, Abdul Majid Giaka (codename “Puzzle Piece”) – who turned up in court wearing a drag queen’s costume in an attempt to hide his identity – was widely ridiculed. It emerged later that important evidence had not been passed to the defence lawyers by the Crown.

There was scathing criticism from international jurists about the proceedings. Professor Hans Köchler, a UN appointed [observer], described them as an “inconsistent, arbitrary and a spectacular miscarriage of justice”. The Scottish Criminal Cases Review Commission subsequently identified six grounds where it believed “a miscarriage of justice may have occurred”.

Cynical realpolitik had played a key role in the prosecution. Both British and American officials initially claimed that Iran commissioned the attack on the Pan Am flight using the Palestinian guerrilla group PFLP (GC), based in Damascus, in retaliation for the shooting down of an Iranian airliner by the US.

That changed suddenly, however, after the first Gulf War when Syria joined the US sponsored coalition against Saddam Hussein: the same Western officials now held that Libya was the culprit state.

Colonel Gadaffi’s regime eventually paid out (...) compensation to the families of the victims; but that was seen by those unconvinced by the new theory as one just of the deals which, at the time, brought him back into the international fold.

An appeal to clear Megrahi’s name, backed some of the bereaved families and eminent lawyers, was turned down by the Appeal Court in Edinburgh in 2015 because the law was “not designed to give relatives of victims a right to proceed in an appeal for their own or the public’s interest”.

The US case against Masud is that he had colluded with Megrahi and Fhimah to carry out the bombing. It is claimed that he met the two men in Malta with the bomb which went on to the hold of the Pan Am plane through a connecting flight.

But, as we know, Fhimah was acquitted by the Lockerbie court, where the prosecution had insisted that he and Megrahi were the two bomb plotters in Malta.

Robert Black, KC, an eminent law professor born in Lockerbie who played a key role in organising the Camp Zeist trial, and subsequently became convinced that there had been a miscarriage of justice warned back in 2013 that British officials were trying to retrospectively manipulate information implicating Masud and buttressing the case against Megrahi. “It looks like the Crown Office is trying to shore up the Malta connection, which is pretty weak,” he said.

Much of the information implicating Masud as being linked to Megrahi is coming from a former Libyan security official called Musbah Eter, who the FBI has been interviewing.

Eter has had a chequered life. He was convicted of the bombing of the La Belle nightclub in Berlin in 1986; an attack which prompted Ronald Reagan to bomb Libya, with some of the warplanes flying from British bases. A German TV investigation subsequently revealed that Eter was a CIA “asset”.

We do not know why it took him more than two decades to come forward with the Lockerbie information, or what influence his relationship with US intelligence played in this.

As well as Masud, the Americans hold that Abdullah al-Senussi – who was both Muammar Gaddafi’s chief of intelligence and his brother-in-law – is involved in the bombing. He is in prison in Libya, and may also end up in the US.

We will see Masud, and probably Senussi as well, end up facing Lockerbie charges at a court, and we may yet see another CIA operative – Eter this time – doing a court turn in a drag queen’s wig. None of this, however, will bring us nearer to knowing the truth about the terrible Lockerbie massacre.

[RB: Further pieces on the Lockerbie case by Kim Sengupta can be accessed here.]

Wednesday 28 December 2022

Will Libya extradite ex-spy chief to US over Lockerbie?

[This is the headline over a report published yesterday on Voice of America's VOA Africa website. It reads in part:]

The recent handover of a former Libyan intelligence officer by the Tripoli-based government to the US for his alleged involvement in the 1988 Lockerbie bombing has sparked speculation that an ex-Libyan spy chief could be next.

Questions about the potential extradition of former Libyan spy chief Abdullah al-Senussi have been circulating after US authorities earlier this month announced Abu Agila Mohammad Mas'ud Kheir Al-Marimi, accused of making a bomb that killed 259 people aboard a Pan Am flight and 11 on the ground in Scotland, was in their custody.

The potential extradition of al-Senussi, currently serving time in Tripoli for his involvement in crimes committed under the Gaddafi regime, could lead to a trial for his alleged involvement in the Lockerbie bombing. This would mark a significant turning point in the long-standing investigation into the 1988 terrorist attack.

Al-Senussi's family has appealed to Prime Minister Abdul Hamid Dbeibah to release him.

"This is the final warning to the Libyan government: If Abdullah al-Senussi and his comrades are not freed, all viable resources in the south will be put to a halt," al-Senussi's son told local news on Monday.

Al-Senussi, who is also the brother-in-law of late Libyan leader Muammar Gaddafi, hails from al-Magarha, a tribe renowned for its ties with the former regime and its influence in southern Libya.

During a recent interview with Al Arabiya, a pan-Arab news channel, Dbeibah denied any intention of extraditing al-Senussi to the US.

"All of these are fabrications and media exaggeration," he said.

Political analyst Ibrahim Belgasem told VOA said that “Libyan law does not allow the extradition of Libyan citizens for trial in a foreign country,” adding that Libyan citizens “feel very sensitive about this case as they suffered years of sanctions and were isolated from the world.” (...)

In 1992, after Libya refused to extradite suspects al-Megrahi and Fhimah, the United Nations imposed an air travel and arms embargo on the country. This embargo was later broadened to include an asset freeze and a ban on the export of certain goods to Libya. (...)

In 1999, the Libyan government agreed to transfer the two suspects to the Netherlands for trial, following negotiations led by Nelson Mandela and the Saudi government with the US and UK.

In 2001, al-Megrahi was found guilty while Fhimah was acquitted and returned home.

In 2008, Libya reached an agreement with the US to establish a process for resolving claims by American citizens and companies against the Libyan government, thanks in part to the Libyan Claims Resolution Act (LCRA), a bill sponsored by then-Senator Joe Biden.

The LCRA was passed following the settlement reached between the Libyan government and the families of the victims, which included a payment of $2.7 billion.

Al-Megrahi, a former Libyan intelligence officer, was the sole individual to be convicted in connection with the Lockerbie bombing. Despite maintaining his innocence, he was sentenced to 27 years in prison and ultimately served only seven before being released on compassionate grounds due to terminal illness. He died in Libya in 2012.

In 2020, US Attorney General William Barr announced new charges against a former Libyan intelligence operative, Abu Agela Mas’ud Kheir Al-Marimi, for his role in building the bomb that killed 270 people.

Earlier this month, US law enforcement officials confirmed Al-Marimi was in custody for his alleged role in Pan Am Flight 103.

"The United States lawfully took custody of Abu Agila Mohammad Mas’ud Kheir Al-Marimi and brought him to the United States where he faces charges for his alleged involvement in the 1988 bombing of Pan Am Flight 103," the White House said in a statement on Dec 14.

Libya has no extradition agreement with the US and details about the handover remain unknown. (...)

It took the Libyan government three days to admit its role in the extradtion, causing hundreds of Libyans, including Al-Marimi's family, to protest condemning the prime minister.

Abdulmonem Al-Marimi, nephew and spokesperson of Masud’s family told The Associated Press that "everyone knows that this thing must be done according to Libyan laws, but unfortunately the government handed him over, bypassing all Libyan laws.”

"Our demand is from the Attorney General that we hope that he will take measures regarding the Prime Minister [Abdul Hamid Dbeibah], who admitted and said that he's the ones who extradited him,”Al-Marimi added.

If the possibility of extraditing al-Senussi to Washington arises, "there is concern that his supporters, who hold significant sway in sensitive areas of Libya such as the oil fields and water resources in the south, could cause unrest in the country," Belgasem said.

This concern is supported by the fact that al-Senussi's family has twice disrupted the water supply for over 2 million people in the city of Tripoli, once over the kidnapping of al-Senussi's daughter and the other when the family attempted to secure his release.

Political analyst Salah Al-Bakoush, however, told VOA that might not happen this time around and if it did, "General Khalifa Haftar controls the south, so the US could push him not to allow al-Sanussi's family to create any trouble in that region."

Al-Bakoush also said al-Senussi's extradition to Washington is "highly unlikely" at least until the public outrage over the extradition of Al-Marimi subsides.

Friday 23 December 2022

Libya aborted plan to hand Gaddafi spy chief to US at last minute

[This is the headline over a report in today's edition of The Guardian. It reads in part:]

Extradition of Abdullah al-Senussi over Lockerbie bombing would have closely followed that of Mohammed Abouagela Masud

The extradition to the US of Muammar Gaddafi’s most trusted and notorious aide was abruptly halted by Libya at the 11th hour this week for fear of public anger after the handover of another ex-senior Libyan intelligence operative, officials in Tripoli have told the Guardian.

Abdullah al-Senussi, a former intelligence chief and brother-in-law of Gaddafi, is blamed for a series of lethal bombings directed at western aviation as well as other targets.

The US want the 72-year-old, currently held in prison in Tripoli, to answer questions connected to the attack which brought down a US-bound aircraft over Lockerbie in Scotland in 1988. Senussi has long been suspected of masterminding the operation, which killed 270 people.

Earlier this month the US announced that another Libyan suspect in the Lockerbie bombing, Mohammed Abouagela Masud, was in its custody. Masud was taken from his Tripoli home by armed men on 17 November, held for two weeks by a militia and then handed over to US government agents in the port city of Misrata.

His family said he had been unlawfully abducted. In a statement on Tuesday, the US embassy in Libya said the process had been “lawful and conducted in cooperation with Libyan authorities”.

The handover of Masud has provoked outrage in Libya, putting the government of interim prime minister Abdul Hamid Dbeibeh under severe pressure and leading to the shelving of plans to transfer Senussi to US custody.

“The idea was to have Masud sent to the US first and then give them Senussi. There have been discussions for months about this. But then officials got worried,” said one Libyan official source with knowledge of the case. A second said Senussi was meant to be handed over at the weekend.

Known as “the butcher”, Senussi is being held in the Rawawa prison in Tripoli and is thought to be in ill health. He was sentenced to death in a mass trial that concluded in 2015.

Senussi was considered Gaddafi’s most trusted aide. (...)

The effort to secure the transfer of Masud and Senussi was launched under Donald Trump’s administration but has been revived over the last nine months through discussions between US officials and the Libyan government, the sources said.

In August an agreement about the transfer of Senussi and Masud was reached with Dbeibeh. Dbeibeh’s mandate expired last December and he has a clear incentive to win favour with the US, analysts say.

As Senussi is currently behind bars, a transfer by Libya to the US would have been administratively more straightforward than that of Masud, who was detained without a warrant by militia loyal to a commander accused of systematic human rights abuses.

“This is a completely different case,” said one Libyan official.

Senussi is also a widely reviled figure in Libya, and cannot be portrayed as a pawn simply following orders, as Masud has been by his supporters.

In the early 1980s, while Senussi ran Gaddafi’s internal security services, many opponents of the regime were killed in Libya and overseas. Libyans hold him responsible for the 1996 massacre of about 1,200 inmates at the Abu Salim prison while a court in France convicted him in absentia in 1999 for his role in the 1989 bombing of a passenger plane over Niger that killed 170 people.

Senussi, then head of Libya’s external security organisation, has long been accused of recruiting and managing Abdel-Baset al-Megrahi, the man convicted of the 1988 Lockerbie bombing. (...) [RB: In August 2011 The Wall Street Journal published a letter from Megrahi to Senussi that was found in the latter's archives after the fall of the Gaddafi regime. Megrahi wrote "I am an innocent man" and blamed his conviction on "fraudulent information that was relayed to investigators by Libyan collaborators".]

Successive Libyan governments insisted on prosecuting Senussi on home soil. The ICC decided in 2013 that as Libya had put Senussi on trial it would halt its own proceedings against him. The former intelligence chief was eventually condemned to death in July 2015 in a process that was severely criticised by human rights campaigners.

It is unclear if the transfer of Senussi to the US has been shelved indefinitely, or merely postponed.

Alia Brahimi, an expert on Libya with the Atlantic Council, said the case demonstrated a tension between the demands of the law and the demands of justice.

“Senussi is suspected of a great many crimes and the possibility that he might answer for one of them, an act of mass murder no less, is extraordinary,” Brahimi said. “Any transfer would generate enormous controversy, whatever the circumstances, as did that of Masud, and rightly so. But the lasting story will be about the long arm of American justice, and it will be heard around the world.

“Successive transitional governments [in Libya] have struggled to hold members of the old regime accountable in a transparent and ordered way, because of the chaos which has prevailed since the revolution but also because of the continuing power of regime interest groups.”

The family of Senussi and tribes still loyal to him have threatened unrest if he is transferred to the US.

Thursday 21 October 2021

A matter of sorrow, disappointment and anger

[What follows is a further extract from chapter 15 of The Colonel and I: My Life with Gaddafi by Daad Sharab. Articles about this book can be found in The National here and here. The previous extract on this blog can be read here.]

In 2005, al-Megrahi was transferred to the more relaxed surroundings of Greenock prison, where he served the rest of his sentence. I wasn’t surprised to find that he was depressed. In the early days of his captivity his family relocated to Scotland to be near him, but they encountered hostility from locals and soon moved back to Libya. The separation from his loved ones had clearly affected his mental health and he was not sleeping well. Al-Megrahi, who had five children, was most upset about missing the wedding of his only daughter. He told me that she’d come to Scotland with the marriage papers, for him to sign according to Arab custom. He’d cried for a week after her visit, he told me, adding: ‘Every day I spend here my children are growing up. My daughter was a child when I left Libya and now she is a woman. Please remind President Gaddafi.’

We spoke about al-Megrahi’s journey from Malta, where he worked for Libyan Arab Airlines, to the special court at Camp Zeist in The Netherlands where he was convicted in 2001. He was alleged to have used his position to evade lax security and smuggle the bomb into a suitcase on a flight which connected with Pan Am 103. At the prison I was interested to learn that he’d never met Gaddafi face-to-face and all his dealings, prior to being handed over for trial, had been with Abdullah Senussi in the intelligence office.


Al-Megrahi told me: ‘Senussi came to see me and said to me: “There is an agreement with the West to send you for trial, which the leader says you are free to accept or reject. No one will force you to go and you will be protected by us.”’


He gave himself up for his country but at the time he was sure he would not spend long behind bars, and this was eating away at him. He did not believe he’d received the fair trial that had been promised.


From what I observed, al-Megrahi was well treated and, in return, was a model prisoner. He was able to cook his own Halal food and sometimes used the prison gym, although he devoted most of his spare time to reading and researching his case. Satellite television was installed in his cell so that he could watch Arab stations, delighting other inmates who also had access to a host of new channels. Rather predictably, his unit became known as ‘the Gaddafi café’.


I was allowed to take a camera into my meeting with al-Megrahi at Barlinnie. Returning to Libya to present my report, I first showed Gaddafi photographs of myself with the prisoner. Until I explained his identity, the Colonel seemed to show no recognition of the man at my side. For anyone who still believes Gaddafi personally instructed the Lockerbie bomber, interpret that how you will.


I told Gaddafi of his countryman’s dismay about the passing years and apparent inaction by the Libyan government. He replied: ‘Meet him again. Tell him that I received his message and I will find a solution. Tell him that I promise he will be home soon.’ From that moment, the Colonel did everything possible to keep his case in the spotlight, also funding lawyers for his appeal and paying for investigators to gather new evidence.


When I next visited al-Megrahi, he was a frightened man. He’d become convinced there was a plot to assassinate him, by deliberately leaving the doors to his secure unit unlocked. ‘The other prisoners hate me,’ he told me. If what he was saying was true I knew he had good reason to be terrified, because the Lockerbie bomber was a prize scalp. I promised to pass on his concerns and, to the best of my knowledge he never suffered any harm in either prison.


In Libya he was regarded as a martyr. The Colonel’s wife, Safia, took Al-Megrahi’s wife, Aisha, under her wing. She was treated like a VIP, often appearing at functions and on Libyan television.


I liked al-Megrahi and we kept in touch. He had my mobile telephone number and occasionally I’d receive calls. We’d speak for a few minutes about the case and we exchanged letters. I used to urge him to keep his spirits up, and reassure him that he was always in Gaddafi’s thoughts.


Al-Megrahi was ultimately granted a second appeal, which I’m convinced would have cleared his name. The already weak case against him was gradually being dismantled, as it emerged key witnesses had been paid millions of dollars to testify. Tony Gauci, the Maltese shopkeeper who picked out al-Megrahi as the man who bought the clothes which were found in the suitcase containing the bomb, was discredited. There was doubt he was even in Malta at the time, which would have blown the entire case out of the water.


Few people who have studied the evidence in any depth truly believed al-Megrahi was the bomber, or that Libya was behind the attack. Had the appeal gone ahead it would have been very embarrassing for the West and there was a good chance al-Megrahi would have ended up receiving compensation for wrongful imprisonment. There was also talk in Libya of suing Britain for the economic damage caused by the years of sanctions against Libya. Can you imagine that?


I was shocked when he was diagnosed with prostate cancer in 2008. He was released by the Scottish government on compassionate grounds on 20 August 2009, when he was said to be terminally ill. Six days earlier he withdrew his appeal, explaining: ‘I have been faced with an appalling choice: to risk dying in prison in the hope that my name is cleared posthumously or to return home still carrying the weight of the guilty verdict, which will never now be lifted. The choice which I made is a matter of sorrow, disappointment and anger, which I fear I will never overcome.’ It was just one more political deal over Lockerbie and his early release, after eight and a half years in prison, brought condemnation from the US. ‘We think it is a mistake,’ said President Barack Obama.


Many of the relatives of the Lockerbie victims were also angry but the decision was welcomed by Jim Swire, the doctor whose daughter was among the dead. As usual he gave a measured response, stating: ‘I feel despondent that Scotland and the West didn’t have the guts to allow this man’s second appeal to continue because I am convinced that had they done so it would have overturned the verdict against him.’


A survey in The Times revealed that 45 per cent of British people believed his release had more to do with oil. I don’t disagree. I’d urge anyone who is interested in the case to look at Dr Swire’s website, Lockerbietruth.com.


[to be continued]

Sunday 17 October 2021

Former Gaddafi aide 'never doubted that Megrahi was innocent’

[What follows is taken from a report by Greg Russell in today's edition of The National:] 

A Jordanian business-woman who was Colonel Muammar Gaddafi’s chief troubleshooter and fixer for more than 20 years has said she never doubted that Abdelbaset al-Megrahi was innocent. 

Daad Sharab visited the only man convicted of the Lockerbie bombing several times during his time in prison. 

Sharab has told how the Libyan leader appeared not to recognise al-Megrahi when she showed him a picture of the two of them taken when she visited him in Glasgow’s Barlinnie prison. 

However, she said that when she told Gaddafi of his countryman’s dismay about the passing years and apparent inaction by the Libyan government, he told her: “Meet him again. Tell him that I received his message and I will find a solution. Tell him that I promise he will be home soon.” 

From that moment, Sharab said he did everything possible to keep the spotlight on the case, funding lawyers for his appeal and paying for investigators to gather new evidence. 

Her narrative comes in an autobiography, The Colonel and I: My Life with Gaddafi, due to be published next week – 10 years after Gaddafi was killed in his home city of Sirte during the Arab Spring uprisings – and to which The Sunday National has had access. 

Professor Robert Black QC, the architect of the Camp Zeist trial in the Netherlands, where al-Megrahi was convicted and his co-accused Al-Amin Khalifa Fhimah cleared, told this newspaper it strengthened his belief that al-Megrahi was wrongly convicted. 

He said: “What Daad Sharab says completely matches the views that I formed through my many meetings with Libyan government officials, including Gaddafi himself, my meetings over many years with the Libyan and Scottish lawyers representing al-Megrahi, and in the course of my one meeting (in HMP Greenock) with al-Megrahi himself. 

“It reinforces my view that al-Megrahi was not only wrongly convicted but had no involvement at all in the Lockerbie bombing. 

“It remains a disgrace that the Scottish criminal justice system has failed to rectify this clear injustice.” 

Sharab said the Lockerbie bombing was the single issue that most occupied Gaddafi’s mind and, in 2003, she was sent to Scotland to meet Megrahi. 

She said he had been supported by a small Libyan government office in Glasgow, and when she arrived one of the staff took her to Barlinnie, where a prison guard ushered her into a small room, where “a bespectacled man, in his early 50s with grey flecks in his brown hair and wearing a baggy tracksuit” was sitting in one of the room’s two chairs. 

“Before him there’s a large file of documents and as I enter he stands to shake my hand,” she said. “His grip is gentle and he appears a little nervous. When he speaks it’s almost in a whisper, although we are not being overheard.” 

She said Libya had always regarded him as a sacrificial lamb, with the West needing someone to blame to be able to claim justice had been done and Gaddafi seeking a way out of the mess of sanctions. This benefited everyone except for al-Megrahi and his family. 

“In the West there was growing unease about the safety of his conviction, and the expectation in Libya was that he would soon be coming home,” said Sharab. 

“Britain wanted rid of him but, unusually, was in disagreement with the US which was taking a much harder line.” 

Al-Megrahi said he had not been coerced by Gaddafi to hand himself in for trial, said Sharab, but she said the pressure must have been unbearable because solving the Lockerbie problem was key to Libya’s future relations with the US and Britain, as well as securing the removal of sanctions against the country. 

The compromise entailed handing over the two accused for trial at a neutral venue, agreeing that Libya paid $2.7 billion (£1.9bn) in compensation and a “carefully worded statement” in which she said: “Libya ‘accepted responsibility for the actions of its officials’ but did not admit guilt for bringing down Pan Am Flight 103 in 1988. 

“It was often wrongly interpreted as a full admission, but anyone reading the words closely could see that was not the case. It was a fudge and, in my view, represented diplomacy at its most cynical. 

“Libya bought peace with the West, which framed an innocent man.” 

Sharab said that when the January 2001 verdict was delivered by three Scottish judges, she was in Tripoli, where Gaddafi told her: “It’s what I expected. They could not lose face by releasing both men.” 

Al-Megrahi felt let down by his country, she said, and urged her to use her connections with the royal family of Jordan. He gave her a letter to King Abdullah, protesting his innocence and pleading to be transferred to a prison in any Arab territory until he was proved innocent. 

In 2005, Megrahi was transferred to Greenock prison where he served the rest of his sentence while battling depression and then prostate cancer, before being released on compassionate grounds by then Scottish justice secretary Kenny MacAskill, who told The Sunday National

“It confirms the international nature of the tragedy and the role that oil played in UK/USA attitudes. 

“I agree that Megrahi wasn’t the bomber but he had a role in the action perpetrated by Libya.” 

The pressure group Justice for Megrahi (JFM) said there was nothing Sharab had written that contradicted their position over the years, and her first-hand account of the stance of Gaddafi and Abdullah Senussi, Libya’s intelligence chief, lent weight to their position. 

JFM said: “On many levels The Colonel and I provides us with a fascinating and plausible insider’s insight into the culture and philosophy of the Gaddafi regime and reveals how the dictator was wooed by the oil hungry British and American leaders like Tony Blair and George Bush. 

“Sadly, after 33 years, Scotland’s Court of Appeal appears more interested in obscure points of law than in removing this indelible stain on the Scottish justice system.” 

For Sharab, and others, one burning question remains – if al-Megrahi was innocent, who brought down Pan Am flight 103? 

“At the time of the Lockerbie bombing there were loose alliances between various states and organisations,” she said. 

“They were generally opposed to the ideals of the West, and pooled resources … I don’t carry a smoking gun but al-Megrahi, who knew the case inside out and had access to Libya’s files on Lockerbie, was convinced that it was a joint enterprise between Iran, Syria and the Popular Front for the Liberation of Palestine (PFLP).

The shooting down of the Iranian passenger jet by the American warship Vincennes, six months before Lockerbie, was too much of a coincidence. 

“It was the crucial link, but by the time the evidence began to stack up no one wanted to point the finger at Iran or Syria, who had helped Western coalition forces in the first Gulf War … Sadly I never got the opportunity to see al-Megrahi following his release but I know he intended to present fresh evidence at his appeal, insisting he had nothing to fear or hide. 

“He said: ‘I had most to gain and nothing to lose about the whole truth coming out’.” 

[A more general article by Greg Russell on the book also appears in today's edition of The National under the headline Colonel Muammar Gaddafi memoir author: ‘Judge him for yourself’.]

Monday 4 January 2021

Crown Office not happy for US to take lead on new Lockerbie trial

[The following article has been contributed by Marcello Mega and expands upon his report in The Mail on Sunday yesterday:]

Scotland will argue that any future trial relating to the Lockerbie bombing should be conducted under Scots Law before Scottish judges. 

Outgoing US Attorney General William Barr appeared to stake his country’s claim by announcing, just before he left office last month, that efforts would be made to extradite and try two more Libyans. 

But well-placed sources in law enforcement have revealed that Lord Advocate James Wolffe QC believes that while both Scotland and the US can claim jurisdiction as both countries lost many citizens, Scotland has the greater claim. 

Abu Agila Mohammad Masud, allegedly bomb-maker for the late Libyan leader Muammar Gaddafi, and Abdullah al-Senussi, former intelligence chief and Gaddafi’s brother-in-law, are the untried suspects. 

Mr Barr was Attorney General in 1991 when the blame for the Lockerbie bombing, which claimed 270 lives on 21 December 1988, was first shifted from Iran to Libya.  

In virtually his final act in his final stint as Attorney General, he again put the spotlight on Libya, and appeared to presume the US would lead efforts to prosecute either or both of the suspects. 

One source said: “It’s early days but already there have been discussions among senior figures in the Crown Office and the Lord Advocate seems to have arrived at a position where he would not be happy to see the US lead on this. 

“Both countries lost many citizens, but the crime happened over Scottish soil. Primacy has to be decided, but our argument should be the stronger.” 

He added that it was unlikely a Scottish trial would involve a jury and would be more likely to follow the precedent established by the trial of the late Abdelbaset Ali Mohmed Al Megrahi, the only man convicted of the atrocity. 

He and his co-accused, Lamen Khalifa Fhimah, who was acquitted, were tried under Scots law in the Netherlands, a neutral third country, by a panel of three Scottish judges without a jury. 

The source said: “Lockerbie was a unique event in Scottish criminal history, and the extraordinary measures taken were partly out of necessity to persuade the accused they would have a fair trial. 

“If there were to be a second trial, it would be very unlikely that ordinary people would be put under pressure to decide a trial involving international terrorism.” 

He added that only two of Scotland’s current crop of High Court judges had no prior involvement with Lockerbie – five are currently considering a posthumous appeal brought by Megrahi’s family – but more judges could be appointed. 

Robert Black QC, Professor Emeritus of Scots Law at Edinburgh University and the architect of the first trial in a neutral country, said that Libya would be far more likely to co-operate with Scotland than the US. 

He said: “There is no way Libya could be seen to send one or more of its citizens to be tried abroad in a country that has the death penalty. 

“There would also be an absolute certainty among Libyans that America would find a way to convict. 

“We did not cover ourselves in glory with the conduct of Megrahi’s trial, with so much evidence that would have helped his case being withheld from the defence, but I still think Libya is more likely to trust Scotland than the US.” 

Dr Jim Swire, who lost his daughter Flora on Pan Am 103 a day short of her 24th birthday, marked the 32nd anniversary last month by saying he was sick of the ‘charade’ of blaming Libya. 

He said: “I have already written to William Barr warning him that if the US persists on pursuing a second trial against Libya for Lockerbie, he’d be as well building a palace on the slopes of Mount Vesuvius. It will crumble soon enough.” 

He argued that the International Criminal Court would be the only tribunal that could guarantee a fair trial.  

He added: “Any future prosecution certainly should not be in the hands of US prosecutors. The accused would not get a fair trial, and you cannot have that when the death penalty is likely to follow. 

“The prosecution of Megrahi was a disgrace, but at least he was treated humanely and when diagnosed with advanced cancer, he and his family were shown compassion and he was allowed to go home to his loved ones. 

“The Americans would not have allowed that. 

“Scottish and American prosecutors need to stop posturing. None of the evidence they used against Libya stands up to scrutiny, yet they persist when there is a much stronger case against Iran.” 

The Crown Office said it had no comment to make ‘given that the Scottish criminal investigation is ongoing and there is an appeal before the court in relation to this crime’. 

Monday 21 December 2020

Why now?

[What follows is the texr of a statement by Aamer Anwar Lockerbie appeal lawyer for the family of the late Abdelbaset al-Megrahi, Dr Jim Swire and the Rev'd John Mosey:]

On Thursday information was released through The Wall Street Journal that the US Attorney General William Barr was due to unseal indictments against two other possible suspects for the Lockerbie Bombing.

On Friday evening we were informed by some of the British relatives that instruct us, that they had received an email from the Crown Office Lockerbie Appeal Team that the US Department of Justice, the US Attorney’s Office, the FBI, Attorney General William Barr was inviting all the families of the victims of the Pan Am Flight 103 attack, to join him for an important public announcement and update regarding the investigation on Monday December 21, 2020, at 10:30 am EST/3:30 pm GMT. Internet live stream: http://www.justice.gov/live.

The families I represent are horrified at the intrusion on their grief, on the day that they wish to remember their loved ones. The fact that the outgoing Attorney General William Barr thinks it is appropriate to invite families to watch his ‘grandstanding’ at a press conference is deeply disrespectful to the families and victims.

Many of the families will refuse to do so and suspect the motivation of choosing to prosecute 32 years after the bombing.

The Rev'd John Mosey father of 19 year old Helga who was murdered on Pan Am Flight 103 wrote to the Crown Office and Attorney General to express his disgust at the invitation:

We consider the timing and particularly the choice of this specific day, which is special to many of us, to be bizarre, disrespectful, insensitive and extremely ill considered.

Why exactly when the Attorney General is about to leave office, has he waited 32 years to bring charges?

Why would you use the anniversary of our daughter Helga’s death along with 269 others to parade once more a highly suspect prosecution…..

Your own Department, and perhaps some parts of the Scottish legal system, should also investigated for spending over three decades trying to divert the course of justice and hide the truth.

Ali Megrahi the son of the late Abdelbasset Al-Megrahi whom I represent in the appeal had the following to say:

Monday is just another desperate excuse to accuse Libya and after 32 years want to accuse another Libyan. Why now?

Where were they in the past 32 years, especially when we have been fighting for an appeal over the last 6 years, so why release this information now? 

They want to perpetuate lies against Libya and will not let us live in peace- I lost my father and yet America continues to cause our family as well as those of the victims more pain.

As for the  American families of the victims of this atrocity, you lost loved ones and I lost my father, I am not against what you are doing, but I assure you that your government have lied to you for the past 32 years and my family and I will not give up  fighting for truth and justice.

Robert Black QC stated:

I wonder... why now? Masud’s name (and Senussi's) has featured in the Lockerbie case since the very beginning, when charges were brought against Megrahi and Fhimah in 1991. I think the answer is that Bill Barr, the US Attorney General, is wanting to go out with a bang.

He’s now about to leave the scene and he wants his name to be remembered: Lockerbie at the beginning of his career and Lockerbie at the end. 

The other possibility is that it is a blatant attempt to influence the Scottish judges when they have got the latest Megrahi appeal before them and we await their judgement.

To conclude, the actions of the US Department of Justice can only be described as a cynical attempt to use 270 dead victims for propaganda purposes.

The Attorney General must know that if the conviction of the late Al-Megrahi is overturned then the case against Abu Agila Masud is likely to fall apart. The real questions at 3.30pm will be is why now and what ‘dirty deals’ have taken place behind closed to doors to engineer these indictments.

Both the British and US Governments know that if the conviction is overturned then real questions would need to be answered as to why an innocent man Al-Megrahi was sent to prison whilst also punishing the people of Libya for a crime they did not commit.  

As we await the decision of the appeal court on the Megrahi case it would be inappropriate to comment any further.

Sunday 20 December 2020

"I wonder why they are still trying to blame the wrong people for my daughter’s death"

[What follows is excerpted from a long interview of Dr Jim Swire by Marcello Mega in today's edition of The Scottish Mail on Sunday:]

My daughter was murdered 32 years ago tomorrow on Pan Am Flight 103 over Lockerbie. For us, the anniversary is no different to the other 364 days. We remember Flora and feel her loss every day.

She would have celebrated her 24th birthday in America with her boyfriend the next day. I’m sure she would have been a mother by now. That day, our family lost a beloved daughter and sister, and all the future joy she would have brought us.


I have no doubt she would have had a wonderful career. She wanted to specialise in neurology and had done so brilliantly at nottingham University that she had been given time out to set up her own research project at Queen Square Hospital, London, l ooking at how HIV affected the brain.


I have many reasons to be angry. Much of my anger is directed at our Government and prosecution service, and the US authorities.


I wonder why they are still trying to blame the wrong people for my daughter’s death.


To hear last week the US intends to pursue another Libyan suspected of making the bomb that murdered 270 people fills me with despair, as does the news there is ‘fresh evidence’ linking a second suspect.


American investigators refuse to acknowledge the many flaws in the case that blamed Libya, and they continue the charade, ignoring all the evidence pointing to Iran. Now, cynically I believe, while five Scottish judges consider the posthumous appeal raised by the family of Abdelbaset Ali Mohmed Al Megrahi – the only man convicted of the bombing – outgoing US attorney-general William Barr will announce they want to try Abu Agila Mohammad Masud, allegedly a bomb-maker for the late Libyan leader Muammar Gaddafi.


The second suspect, Abdullah Al Senussi, is the ex-intelligence chief and brother-in-law of Gaddafi.


Mr Barr held the same position when Megrahi was first charged in 1991. Having suddenly and inexplicably changed the focus of the investigation from Iran to Libya in the beginning, he appears to have rounded the circle when no credible evidence remains against Libya. I wonder if the timing now was contrived to put pressure on the judges.


To believe the Crown’s case against Megrahi, you have to believe in a series of astonishing coincidences.


In October 1988 a European cell of the PFLP-GC terror group was raided by the German secret police in Neuss. Four bombs were recovered, all hidden in Toshiba cassette-recorders. Members admitted one device had been taken away by their leader.


The devices had a simple timer that ran for half an hour after being triggered by lowered air pressure at altitude. On a Boeing 747 this would occur seven minutes into the flight. The explosion was 37 minutes after take-off. The evidence label for the fragment supposedly linked to Libya was the only one of thousands of productions to be altered. Originally it read ‘charred cloth’, but the word ‘debris’ was overwritten, presumably when the debris itself was added.


The case for Iran as culprit is far stronger. Five months before Lockerbie, the USS Vincennes, a warship patrolling the Gulf, shot down an Iranian Airbus, killing all 290 on board. Iran vowed the skies would run with the blood of Americans. The US offered no apology.


Security warnings were shared by Western intelligence services from October 1988 that terrorists intended to bomb a US aircraft.


The later warnings were specific to Pan Am, prompting the US to offer embassy staff in Moscow the chance to fly home for Christmas with another airline. But the UK Government did nothing, failing to protect Flora and the other 269 victims, despite Heathrow having been notified of a bomb threat.


The story that saw Megrahi wrongly convicted of mass murder has the bomb on flights from Malta to Frankfurt and then on to Heathrow, but that did not happen. Even the judges who found Megrahi guilty in 2001 acknowledged the Crown had failed to show an unaccompanied bag flew on the flight from Malta. The Maid of the Seas, the Boeing 747 that would disintegrate over Lockerbie, was loaded from empty at Heathrow.


Evidence of a break-in at Heathrow the night before – which would have let someone plant the suitcase with the bomb in the relevant area – was known to the Scottish police, and must therefore have been known to the Crown, but was not revealed to Megrahi’s defence.


At the time, Heathrow had been notified by the UK department of Transport of the threat of bombs in Toshiba cassette-recorders.


We have a copy of a telex sent to Heathrow two days before Lockerbie, warning that such bombs would be hard to see on X-rays.


Incredibly, it told security staff at the airport that if an item looked uncertain on X-ray and was to be carried, it ‘could only be carried in the hold of the aircraft’.


The suppression of evidence that did not fit their case was a deliberate tactic of prosecutors.


They did not reveal that star witness Tony Gauci, owner of the shop that sold the clothing packed around the bomb, was to get $2 million (£1.5 million) for his testimony, even though he never once said the buyer was definitely Megrahi. The judges acknowledged his doubt in their verdict, but, uniquely in a criminal case where certainty is everything, made a virtue of it.


The statements Gauci made that didn’t fit the case were never shared but the judges later ruled on two matters Gauci was 100 per cent reliable on: the list of clothing and prices – not knowing that in an unseen statement he made in 1999 he had produced a different list – and that the buyer was Libyan.


The clothes purchase was agreed to have occurred on November 23, when Megrahi was in Malta. Other evidence, including Gauci’s brother Paul’s statement, pointed to december 7. Paul Gauci was not called to give evidence and received a $1 million (£740,000) reward. 


Megrahi received a life sentence.


The new appeal has not heard any of the considerable fresh evidence relating to the timer fragment.


The Scottish Criminal Cases Review Commission referred the case back to appeal but restricted the terms. There is copious evidence the fragment could not have been part of the bomb, yet the judges must decide if the conviction is safe without hearing it.


UK Families Flight 103 has always wanted to know why our loved ones were not protected despite the warnings, who killed them and why.


Our Government has always refused us a public inquiry. I am 84 and still hope to see justice done. It still brings tears to my eyes when I remember clearing out Flora’s London flat after her murder.


We found an offer to complete her studies at Cambridge, where I was an undergraduate. She would have been saving the news to tell us on Christmas day, or on her return from the States. I owe it to my wonderful daughter and to the man wrongly blamed for her death to keep fighting for the truth.