Sunday 4 October 2015

'Linking Megrahi to a new Lockerbie bombing suspect won't work ... he was innocent and his conviction is a stain on Scottish justice'

[This is the headline over an article by John Ashton published in today’s edition of the Sunday Herald. It reads as follows:]

Fifteen years ago, three Scottish law lords found Abdelbaset al-Megrahi guilty of the Lockerbie bombing. For many observers, including the majority of the relatives of the attack’s 270 victims, it was an unsatisfactory verdict. Megrahi’s co-accused, Lamin Fhimah, had been acquitted and there seemed little prospect of Megrahi’s alleged Libyan superiors being brought to trial.
For others, myself included, it was unsatisfactory for another reason –– the case against Megrahi was simply not credible. It relied on the claim that he had bought the clothes that were packed into the bomb suitcase from a shop in Malta. The shopkeeper consistently described a clothes buyer who looked nothing like Megrahi, and the evidence suggested that the purchase took place when he was not on the island.
In 2007 the Scottish Criminal Cases Review Commission referred the case back to the appeal court on no fewer than six grounds, among them that the trial court’s judgment was unreasonable. The terminally ill Megrahi abandoned the appeal two years later in order to aid his application for compassionate release, but the prosecution’s narrative has been on a life-support machine ever since.
Now it has been breathed new life by a three-part documentary for the US Public Broadcasting Service’s Frontline series. Trailed by a lengthy article in The New Yorker, the film suggests that Megrahi was, after all, involved in the bombing as an accomplice to a man called Abu Agila Mas’ud. I was a paid consultant during the early stages of the film’s production, but I disagree with its conclusions.
It reveals that Mas’ud was named by a German judge as the technician responsible for the bomb that destroyed the La Belle nightclub in Berlin two-and-a-half-years before Lockerbie, killing three people, including two American servicemen. That attack prompted US air raids on Libya ten days later, for which Lockerbie was supposedly revenge.
Megrahi was on the same flight as Mas’ud on at least three occasions prior to Lockerbie, including on the morning of the bombing when they flew from Malta to Libya. It was in Malta that Megrahi was alleged to have put the bomb onto an Air Malta flight to Frankfurt, which was supposedly transferred to a feeder flight to Heathrow and again at Heathrow to Pan Am 103. Megrahi and numerous other Libyan witnesses denied knowing Mas’ud, but the film suggests that Mas'ud was in the car that greeted Megrahi on his return to Libya. Earlier this year a Libyan court convicted Mas’ud of making booby-trapped car bombs during the country’s 2011 revolution.
So far, so convincing. Clearly there is a prima facie case against Mas’ud, just as there was against Megrahi. Now that his whereabouts are known, we must hope that he can be brought to trial and the new evidence tested in a Scottish court.
However, if that happens, the prosecution will face far greater difficulties than they did in trying Megrahi. The first is the lack of proof of Mas’ud’s involvement in the La Belle bombing. The main witness to implicate him, Libyan Musbah Eter, who was himself convicted of the bombing, was an extremely tricky customer. A 1998 German TV investigation revealed him to be an asset of the US Central Intelligence Agency — a crucial detail in light of the fact that, at the time of La Belle, the CIA was running a massive covert campaign against Libya in which disinformation was central.
Eter has reportedly now implicated both Mas’ud and Megrahi in the Lockerbie bombing and claims to have heard Mas’ud speak of travelling to Malta to prepare for the attack. It’s easy to imagine what a defence advocate would do with him in cross-examination. “Why did you wait 20 years before volunteering this information Mr Eter?” would be the obvious opening question.
The La Belle prosecution also relied on information held in the archives of the former East German security service, the Stasi. While these files showed that some of the Stasi's Arab informants corroborated Eter's account, they also revealed that non-Libyan terrorists were involved in the plot, some of whom were also believed to be connected to the CIA. One of them even claimed to the German TV producers that he had a relationship with the CIA’s close ally, the Israeli intelligence service, Mossad.
The US government claimed that intercepted messages sent to and from Libya's East Berlin Embassy around the time of the bombing proved Libyan involvement. However, former Mossad agent Victor Ostrovsky claimed in his 1994 memoir The Other Side of Deception that the intercepted messages had in fact been broadcast by an undercover Mossad team in Libya. Mossad never denied the claim, but the German prosecutor responsible for the La Belle case never interviewed Ostrovsky.
Proving the Lockerbie bomb came from Malta would present the Crown with an even bigger problem. The claim relies on documentary evidence from Frankfurt airport that appeared to show that a rogue bag had been transferred from an incoming Air Malta flight to the feeder flight to Heathrow. Megrahi’s prosecutors claimed the bag was further transferred at Heathrow to PA103, but there is no proof that it was. Furthermore, the trial heard that Air Malta employed unusually strict baggage procedures that required the head loader to physically count the hold luggage to ensure the total matched the number checked in. Documents from the flight to Frankfurt on to which the Libyans supposedly smuggled the bomb, showed that the number tallied with the number of legitimate check-in bags. More worryingly for the Crown, since Megrahi's trial a meticulous investigation by Scottish researcher Dr Morag Kerr has effectively proved that the bomb originated from Heathrow.
The forensic case against Libya is also in tatters. Central to it was a fragment of circuit board, allegedly from the bomb's timer, which was said at trial to match circuit boards used in timers supplied to Libya. Evidence uncovered shortly before Megrahi's return to Libya in 2009 showed that it did not in fact match — there was a crucial metallurgical difference that ruled out the fragment originating from one of the Libyan timers.
The dire security situation in Libya would probably make it impossible for prosecutors to gather evidence there. Even if the county was stable, it would likely be a fruitless mission, as nothing has emerged publicly to suggest that Libya was behind the bombing. At the start of the revolution in 2011 the former justice minister Mustafa Abdel Jalil told the Swedish newspaper Expressen that he had proof that Colonel Gaddafi was behind the bombing, but the best he could offer by way of evidence was the fact that the government had funded Megrahi's legal case. He later claimed that Expressen had misquoted him.
The most persuasive aspect of Frontline's case against Mas’ud is the denial by Megrahi and other Libyans of his existence. Clearly they calculated that it would be damaging to Megrahi and Fhimah's prospects if they were to be linked to a man named as a bomb-maker in the indictment against those accused of the La Belle bombing. However, lies do not prove guilt. In fear-governed societies like Gaddafi's Libya they are the lingua franca.
If Mas’ud received a fair trial for the Lockerbie bombing on the basis of Frontline's evidence, then he could not be convicted. However, in view of Megrahi's experience, that's a big ‘if’, because, as we now know, vital exculpatory evidence was withheld from the defence and the court was misled on a number of key points. The scandal has been worsened by the Scottish government's refusal to order an inquiry in to the Crown's conduct. The refusal prompted the Justice for Megrahi campaign group to make formal allegations of criminal misconduct against various Crown officials. No sooner had the allegations been made, than the Crown Office issued a statement declaring them to be “defamatory and entirely unfounded”. Unfortunately for the Crown Office, Police Scotland took them very seriously. Proving criminal intent will be a tall order, but the fact that a major investigation, known as Operation Sandwood, has been running for over 18 months seems to run contrary to claims that the allegations are baseless.
The fear is that the Frontline film’s claims will provide the Crown Office with a smokescreen, from behind which it can brief that Megrahi was guilty all along and that its failures were therefore immaterial. They were anything but and, until it is held to account for them, they will remain a terrible stain on Scottish justice.

Colin Boyd resigns as Lord Advocate

[On this date in 2006, Lord Boyd of Duncansby QC (Colin Boyd) resigned as Lord Advocate, an office he had held since 24 February 2000, some seven weeks before the Lockerbie trial started at Camp Zeist. An article by Steven Raeburn headed A private life was published some time later on the website of Scottish lawyers’ magazine The Firm. It reads as follows:]

There are many polarising figures in the Scottish legal profession. Take Donald Findlay for instance – many adore him while others dislike everything he stands for. Former Lord Advocate Colin Boyd is another such figure. some consider his time as Lord Advocate as one of great leadership while others think quite the opposite. Steven Raeburn speaks to Boyd to talk about his time in charge and his return to private practice.
You could almost be forgiven for believing Colin Boyd had retired. Or emigrated. Or died. Such is the contrast in his public profile since stepping down as Lord Advocate in 2006, after a six year tenure that saw him dodging bullets on an almost daily basis, as the twin firestorms of the Lockerbie debacle and the Shirley McKie fingerprints fiasco unfolded in the glare of the public arena. His stint in the Lord Advocate’s role had been the longest in modern times, and instead of stepping down and onto the bench, suitably bewigged as a High Court judge – the traditional destination of retiring senior law officers – Boyd instead went into private practice as a solicitor with Scotland’s largest firm, Dundas and Wilson.
Such was the character of Boyd’s time as Lord Advocate that both the timing of his departure and his destination were themselves subject to criticism and accusation. Nowadays, away from the public gaze he can be found shepherding conferences on his preferred area of practice, public law, or quietly ensconced in his Edinburgh office. As the first former Lord Advocate to make this transition – precisely reversing the path of his successor into the role – how is he adjusting to ordinary life behind a desk?
“There are two shifts,” he says. “One is from being a law officer, Lord Advocate, and then from being an advocate to being a solicitor. Occasionally I think “What is happening”, and I used to enjoy some of the perks that went with the job. But I don’t miss being Lord Advocate.”
Unless you are a masochist with a particular love of front page criticism, it is easy to see his point. Six years in the role had given him ownership and responsibility for some of the most significant state legal decisions that any incumbent is likely to see, with the ripple effect still likely to be felt for years to come.
“I had done long enough as Lord Advocate. I would have gone earlier had it not been for certain events, and it was time for me to move on and change.”
“Certain events” is an interesting euphemism for the cumulative stains on Scottish justice left by events such as the outcome of the Surjit Singh Chokhar trial – following which two independent reports identified failings in the way the case was handled by the police and the Crown Office and Procurator Fiscal Service; the Lockerbie trial, returned to the High Court after the Scottish Criminal Cases Review Commission adjudged that a miscarriage of justice may have taken place; and the Shirley McKie crisis, which questioned not only the efficacy of the Scottish Criminal Records Office, but the integrity of the police and the entire Crown Office administration of justice, that seemed unable to admit the possibility of a mistake, whilst failing to bring in a solid conviction in the murder of Marion Ross. The disturbing links between the evidential processes in both cases raised deeper, more disturbing questions about accountability and decision making in the heart of the Scottish Justice system. Boyd was not in office at the genesis of these events, but was responsible for many of the key decisions and most of the execution as they unfolded.
Less noticed during his six years were the introduction of the Sexual Offences (Procedure and Evidence) Act 2002, which aimed to minimise the distress caused to victims of rape testifying against their attackers, and the Bonomy reforms to the High Court, which have largely been welcomed as their effects have filtered through the judicial process. The reforms to the administration of justice appear to be the aspects of his tenure he is most keen to reflect upon.
“When I took over in 2000, I was faced almost immediately with the Lockerbie trial, and that really consumed my first year or so as Lord Advocate,” he says.
“Thereafter, there was a clear need to set about restructuring and modernising the Crown Office and Procurator Fiscal Service. That took a period of time. Once we embarked, we saw it is an on going process. There will never be a time when you can sit back and say it is fixed.”
Notwithstanding the scale of progress achieved in this area, Boyd nevertheless raised a few eyebrows by choosing to enter private practice, rather than the traditional route to the bench at the expiry of his term. The move was perceived by some as an attempt to find a safe harbour while the twin storms of Lockerbie and McKie blew. Boyd acknowledges that the level of press interest was a prominent factor at this time.
“I was the longest serving Lord Advocate for over 100 years. The workload for the Lord Advocate had gone up markedly, and the degree of scrutiny to which I was subject had increased very considerably.”
“I didn’t want to become a judge at this stage, and I didn’t want to go back to the bar and start a practice again. It seemed to me to be a good move to revert to being what I started out in professional life, a solicitor.”
Boyd’s careful modifier suggests that a place on the bench may be an ambition of his that has been merely postponed, rather than cancelled, and it seems likely that a place amongst the elite of the High Court remains his most likely final berth.
“I have never ruled out being a judge as an option. For a variety of reasons – some of them personal and some of them to do with my public profile when I went – I didn’t think it was the right thing for me to do at this stage. [RB: Boyd’s appointment as a judge of the Court of Session and High Court of Justiciary was announced on 1 June 2012.]
“The days when a Lord Advocate could appoint himself as a judge have gone, so I would have had to apply to the Judicial Appointments Board. One of the inhibiting features of that is that, with the best will in the word, it might have got out that I had made an application whilst Lord Advocate, and that might have undermined my position as Lord Advocate. I didn’t think that that would be good. I have no plans to make an application at the moment, and I am fully committed to Dundas and Wilson. I would never rule it out as a possible option for the future.”
Whatever his future plans, it is likely that Colin Boyd will never escape the three pronged shadows of Lockerbie, McKie and Chokhar which are likely to form his legacy, despite his body of achievement and efforts at reform. His successor, Elish Angiolini has firmly established herself as a Lord Advocate of considerable reach and power, although it is too early in her tenure to draw conclusions on her overall impact. In retrospect, Boyd remains positive about his time in the role.
“I do take some pride in the achievements of the restructuring and reforms that we have made, and I came to a point that I thought it was time now that somebody else took up the challenge.”
As others see him
Colin’s wealth of experience and his reputation for innovation were of huge appeal to Dundas & Wilson. His background in planning law and expertise in constitutional law have proved to be an excellent fit with what we were already doing with the public law initiative, and allowed us to pool a wide range of knowledge into a specialist public law practice, capable of tackling very complex, cross-disciplinary infrastructure projects. To move from the Bar into private practice was seen by some as an unexpected change of direction, but it makes perfect sense for D&W and our clients, as well as providing a new challenge for Colin’s considerable talents. Mike McAuley, Chairman of Dundas & Wilson
I always liked him, though. He seemed consistently courteous and reasonable. He was so softly spoken and self-effacing that when he was Solicitor General and we met at some Law Society do, I thought he said he was with the Solicitors Journal. I said, "Solicitors Journal?" and he said, "Solicitor-General" apologetically, as though it was his fault I hadn’t heard him, and not my fault for failing to recognise a senior law officer. This form of modesty is rare at the bar and endearing. Anonymous
Colin Boyd tried to balance what was known to his prosecution team of the famous ‘CIA telegrams’ in the court at Zeist, in the knowledge that the ‘star’ prosecution witness (Giaca) was also a worthless CIA quizzling. His struggles to meet his clear duty to truth and justice and fair dealing with the court and the defence, made a ‘rabbit in the headlights’ look cool and sagacious. Meantime his predecessor in office had made the wise choice of lolloping off to the safety of a secure burrow in the nick of time. Dr Jim Swire
Colin Boyd is a lawyer of the greatest intellect, ability and integrity. He is a man of principle. Despite his understated and modest demeanour he really is a very radical lawyer, a moderniser with a challenging vision for the future of the legal system and for the profession in Scotland. Elish Angiolini, Lord Advocate
As far as Scotland is concerned, he might as well have had a Union Jack shell suit and bowler hat. When it came to the Skye Bridge, he maintained a false line by saying the tolling licence had been examined and found to be in order. It wasn’t found to be in order. He took us absolutely nowhere and didn’t penetrate my consciousness in any positive way. Robbie The Pict
Colin Boyd took a thoughtful approach to every part of his work, always seeking to uphold the fundamental principles of Scottish Justice while being prepared to promote radical changes to improve the day to day operation of the system. Colin was not one for self promotion, and his quiet manner sometimes hid a keen sense of humour. I am glad that I had the opportunity to work with him. Cathy Jamieson, Former Justice Minister
I believe that history will view Colin Boyd’s reign as Lord Advocate as a shameful period where the independence of the Lord Advocate was sacrificed to the will of his political masters.
Two cases dominated his tenure – the Lockerbie Bombing and the Shirley McKie case. In both cases he stands accused of weakness and vacillation in the face of political pressure and a complete failure to act as, ‘the watchdog for justice’ – the role assigned to him by Lord McCluskey.
His dramatic overnight resignation in October 2006 has been seen by some as the captain jumping ship to save his skin. I hope that this accusation will be thoroughly tested during the planned judicial enquiry into my daughter’s case and in any future enquiry into the Lockerbie disaster. Iain A J McKie

Saturday 3 October 2015

Non-disclosure by Crown at Lockerbie trial

[On this date in 2007 The Herald published a report headlined Revealed: CIA offered $2m to Lockerbie witness and brother. It reads as follows:]

The CIA offered $2m (£1m) to the Crown's key witness in the Lockerbie trial and his brother, sources close to the case have told The Herald.

Recently discovered papers show Scottish police officers investigating the 1988 bombing were aware the US intelligence service had discussed financial terms and witness protection schemes with Tony Gauci and his brother, Paul.

They documented the talks and it would have been standard practice for such information to have been relayed to the prosecution team before the trial of Abdelbaset Ali Mohmed al Megrahi, the Libyan serving 27 years for the bombing.

However, his defence team was never told of the CIA offer, in what critics say is another example of non-disclosure that undermines the credibility of Mr Gauci and, in turn, the Crown's case against Megrahi.

It has not been confirmed that the brothers accepted any money, but the fact that an offer was made is directly relevant to the credibility of Tony Gauci, who became the lynchpin of the case. Paul was never called as a witness.

The latest remarkable twist comes a day after The Herald revealed a top-secret document vital to the truth about Lockerbie was obtained by the Crown but never disclosed to the defence.

The Scottish Criminal Cases Review Commission found that document during its three-year investigation, which concluded earlier this year that Megrahi should have a fresh appeal.

The document, thought to be from the CIA, contains highly classified information about the MST13 timer which allegedly detonated the bomb. The Crown, for national security reasons, is still refusing to hand the material over to the defence.

An offer of remuneration by the US agency could be explained by the political imperative then for the US and Britain to secure a conviction for Lockerbie. At the time, Libya was very much a hostile nation, unlike the more relaxed links between Tripoli and the West which now prevail.

Yesterday in Edinburgh, the defence lodged its case with the appeal court and a preliminary hearing has been set for a week tomorrow.

The defence team also lodged a specification of documents order, demanding the Crown release the classified document. Prosecutors are expected to challenge the appeal, despite the weight of new evidence.

A source close to the case said: "We understand the commission found new documents which refer to discussions between the US intelligence agency and the Gaucis and that the sum involved was as much as $2m.

"Even if they did not receive the money, the fact these discussions took place should have been divulged to the defence."

The Herald has also seen copies of an agreement with the US government and signed by a senior member of the Crown Office, agreeing not to disclose certain material.

Norman McFadyen, then one of the leading members of the prosecution team and now the Crown Agent, signed the non-disclosure agreement on June 1, 2000.

James Chalmers, a senior lecturer in law at Edinburgh University, said if a member of the Crown agreed not to disclose material shown by a foreign government, it called its worth into question.

"This would raise questions about whether the right to a fair trial has been breached. And if a witness were offered money before giving evidence, this could undermine their credibility.

"It would certainly need to be put to the witness under cross-examination. If such information was not disclosed to the defence, that could give rise to a miscarriage of justice. It is an issue of credibility."

Dr Jim Swire, whose daughter Flora died in the tragedy, said: "It is shocking to me that if after 19 years of trying to get to the truth about who murdered my daughter, national security is being used as an excuse."

A spokesman for the Crown Office has previously declined to comment on the case saying it would be "wholly inappropriate" while it is before the appeal court.

Friday 2 October 2015

US paid reward to Lockerbie witness, Abdelbaset al-Megrahi papers claim

[This is the headline over a report published on this date in 2009 on the website of The Guardian. It reads as follows:]

Scottish detectives discussed secret payments of up to $3m made to witness and his brother, documents claim

Two key figures in the conviction of the Lockerbie bomber were secretly given rewards of up to $3m (£1.9m) in a deal discussed by Scottish detectives and the US government, according to legal papers released today.

The claims about the payments were revealed in a dossier of evidence that was intended to be used in an appeal by Abdelbaset al-Megrahi, the Libyan convicted of murdering 270 people in the bombing of Pan Am flight 103 in 1988.

Megrahi abandoned his appeal last month after the Libyan and Scottish governments struck a deal to free him on compassionate grounds because he is terminally ill with prostate cancer. Now in hospital in Tripoli, Megrahi said he wanted the public to see the evidence which he claims would have cleared him.

"I continue to protest my innocence – how could I fail to do so?," he said. "I have no desire to add to the upset of many people I know are profoundly affected by what happened in Lockerbie. My intention is only for the truth to be made known."

The documents published online by Megrahi's lawyers today show that the US Department of Justice (DoJ) was asked to pay $2m to Tony Gauci, the Maltese shopkeeper who gave crucial evidence at the trial suggesting that Megrahi had bought clothes later used in the suitcase that allegedly held the Lockerbie bomb.

The DoJ was also asked to pay a further $1m to his brother, Paul Gauci, who did not give evidence but played a major role in identifying the clothing and in "maintaining the resolve of his brother". The DoJ said their rewards could be increased and that the brothers were also eligible for the US witness protection programme, according to the documents.

The previously secret payments were uncovered by the Scottish Criminal Cases Review Commission (SCCRC), which returned Megrahi's conviction to the court of appeal in 2007 as a suspected miscarriage of justice. Many references were in private diaries kept by the detectives involved, Megrahi's lawyers said, but not their official notebooks.

The SCCRC was unable to establish exactly how much the brothers received under the DoJ's "reward-for-justice" programme but found it was after Megrahi's trial and his first appeal in 1992 was thrown out.

A memo written by "DI Dalgleish" to "ACC Graham" in 2007 confirms the men received "substantial payments from the American authorities".

The inspector claims the rewards were "engineered" after Megrahi's trial and appeal were over, but said there was "a real danger that if [the] SCCRC's statement of reasons is leaked to the media, Anthony Gauci could be portrayed as having given flawed evidence for financial reward." Instead, he claimed, the reward was intended to ensure the Gaucis could afford to leave Malta and start new lives "to avoid media and other unwanted attention".

However, the documents disclose that in 1989 the FBI told Dumfries and Galloway police that they wanted to offer Gauci "unlimited money" and $10,000 immediately. Gauci began talking of a possible reward in meetings with Dumfries and Galloway detectives in 1991, when a reward application was first made to the DoJ.

The evidence, which was due to be heard by the appeal court next month, also discloses that Gauci was visited 50 times by Scottish detectives before the trial and new testimony contradicting the prosecution's claims that Megrahi bought the clothes on 7 December 1988 – the only day he was in Malta during the critical period.

In 23 police interviews, Gauci gave contradictory evidence about who he believed bought the clothes, the person's age, appearance and the date of purchase. Two identification experts hired by Megrahi's appeal team said the police and prosecution breached the rules on witness interviews, using "suggestive" lines of questioning and allowing "irregular" identification line-ups.

Two new witnesses also disproved the prosecution claim that Megrahi was in Gauci's shop on 7 December, his lawyers said. Gauci said the area's Christmas lights were not on when the clothes were bought. The current Maltese high commissioner to the UK, Michael Rufalo, then the local MP, told the SCCRC the lights were switched on on 6 December, raising further inconsistencies in the prosecution case.

It has also emerged that Scottish police did not tell Megrahi's lawyers that another witness, David Wright, had seen two different Libyan men buying very similar clothes on a different day; evidence that psychologists believe may have confused Gauci and again clouded the prosecution case.

Dumfries and Galloway police said only a court could properly consider this material, and supported previous criticism of Megrahi's decision to release his appeal papers by Elish Angiolini, the lord advocate. "We will not be taking part in any discussion or debate concerning the selective publications made by Mr Megrahi," a statement said.

"We have nothing more to add other than to echo the lord advocate's recent comments pointing out that Mr Megrahi was convicted unanimously by three senior judges and his conviction was upheld unanimously by five judges, in an appeal court presided over by the lord justice general, Scotland's most senior judge. Mr Megrahi remains convicted of the worst terrorist atrocity in UK history."

A spokesman for the US Department of Justice also refused to comment, since Megrahi had voluntarily withdrawn his appeal. He said: "None of the allegations in the SCCRC referral, or the grounds of appeal filed by Megrahi, were finally adjudicated by the Scottish High Court of Justiary (the appropriate judicial forum) because Megrahi withdrew his appeal before the court could rule. Consequently, the US Department of Justice will not comment further on his aborted appeal."

Thursday 1 October 2015

The Pan Am 103 Fatal Accident Inquiry

On this date in 1990 the Fatal Accident Inquiry into the 270 deaths resulting from the destruction of Pan Am 103 over Lockerbie opened before Sheriff Principal John S Mowat QC in Easterbrook Hall, Crichton Royal Hospital, Dumfries. The Sheriff Principal’s 47-page findings were issued on 18 March 1991 and can be read here. Perhaps the most noteworthy feature of the evidence related to the positioning of the bomb suitcase in luggage container AVE4041. By the time of the trial at Camp Zeist the Crown’s stance (and its evidence) had altered significantly. For further details, see Dr Morag Kerr’s Adequately Explained by Stupidity? Lockerbie, Luggage and Lies.

Wednesday 30 September 2015

Sunday Times INSIGHT "The Lockerbie Files" 1990

[On this date in 1990 The Sunday Times published an article of almost 8000 words entitled The Lockerbie Files. It is no longer to be found on the newspaper’s website. What follows is taken from the version posted on 29 October 2012 on the International Skeptics website:]

It was the biggest murder ever committed in Britain. Tomorrow, 21 months after a bomb sent a PanAm jumbo jet plunging into the town of Lockerbie, the public inquiry into the deaths of the 270 victims will open, at last, before John Mowat, sheriff principal of South Strathclyde, Dumfries and Galloway. He will hear dozens of witnesses and scrutinise thousands of pages of evidence over the next three months.

Since the bombing, the Lockerbie investigators have probed the depths of terrorism, challenged powerful foreign interests and extended the frontiers of forensic detection. But most of the fruits of this painstaking police investigation will not be presented at the inquiry.

Lord Fraser, the Lord Advocate, the law officer leading for the crown at the inquiry, has decided not to present evidence that would cover such questions as how the bomb was put on the plane, who did it, and where. Nor will he introduce evidence uncovered by the extensive international criminal investigation evidence of security lapses at foreign airports and allegations of blunders by foreign police, including a bungle over a baggage loading list that may have enabled one of the terrorists to avoid capture by a matter of hours.

The inquiry is not equipped to probe the obstruction, bureaucracy, rivalry and incompetence that may have shielded the killers from justice. Nor is it able to consider the international political pressures behind the fact that today after an investigation costing Pounds 8.5m not one arrest has been made in direct connection with Lockerbie.

After an INSIGHT inquiry ranging over the whole breadth of police investigations in Britain and Germany, The Sunday Times is able to tell the story that the official inquiry will not hear. It is a story full of questions that the investigators still cannot answer. They may never be resolved.

Nobody noticed the undercover police officers as they sat in their unmarked cars in a quiet suburban street in the West German city of Neuss. It was Monday, October 24, 1988. Members of the anti-terrorist unit of the federal police the Bundeskriminalamt (BKA) were watching a block of grey council flats at 16 Isarstrasse in the city's Arab quarter. Their targets were terrorists belonging to the Popular Front for the Liberation of Palestine-General Command (PFLP-GC).

This group had been dormant since the early 1970s, when it carried out spectacular attacks on Western airliners. But, alerted by Israeli tip-offs that the group had smuggled weapons into Europe to attack Israeli and American targets, the BKA had begun round-the-clock surveillance of 16 suspects across West Germany. The police called the operation Autumn Leaves.

The Isarstrasse flat belonged to an Arab greengrocer. But the BKA was more interested in his visiting brother-in-law, Hafez Kassem Dalkamoni, 43, and a recently arrived companion, Marwan Abdel Khreesat, also 43.

Dalkamoni was a Syrian terrorist identified by the Israelis as leader of the PFLP-GC's European network. He had been captured by the Israelis after losing a leg during a cross-border raid in 1969 and released 10 years later in a prisoner exchange arranged by Ahmed Jibril, leader of the PFLP-GC.

Officially, the limping, grey-haired Palestinian was in Germany for medical treatment. But the BKA suspected him of smuggling detonators into the country in his artificial leg.

Khreesat's presence was even more alarming to the BKA. He had arrived on October 13 with his wife and two bronze Samsonite suitcases. Inside one, Dalkamoni admitted later, was a black Toshiba ''bombeat 453'' radio cassette recorder. Remains of a similar model were later found among the debris at Lockerbie.

Balding and paunchy, Khreesat seemed typical of the thousands of Arabs who regularly visit the large Middle Eastern community in West Germany. He was silent for most of his stay, rarely leaving his room except to listen to his hosts' young son practising on a small electric piano in the living room. His wife explained that he liked music and that he owned a television repair shop back in Amman.

But Khreesat was no ordinary TV repairman. He was one of the world's most skilled aviation bombers. Italian secret service files showed he was wanted in connection with the bombing of an Israeli airliner in 1972, when ammonium nitrate concealed in a Philips record player had exploded minutes after take-off from Rome airport.

The BKA wondered, in October 1988, whether Khreesat was now planning an attack against a target in West Germany. As the surveillance team followed Khreesat and Dalkamoni on shopping trips around Neuss and Frankfurt, they began to fear the worst. Why else were the two men buying clocks, batteries, switches and glue?

BKA wiretappers heard Dalkamoni telephone Khreesat from Frankfurt to tell him that an accomplice would deliver ''black boxes with lids'', ''gloves'' and ''paste''. Dalkamoni also promised to bring ''at least seven white pointed aluminium buttons, four of which would be electric''.

On the morning of October 24, as the BKA monitored the flat, Khreesat settled himself at a table in his bedroom with a screwdriver and a pair of pliers. Dalkamoni arrived with some packages covered in aluminium foil and sealed with black sticky tape. Khreesat opened the back of his Toshiba radio cassette player and set to work.

He worked alone for the rest of the day and the whole of the next; others in the flat were told he was putting together an amplifier. Then Khreesat made a long distance call to Damascus, monitored by the BKA, and said: ''I've made some changes to the medication. It's better and stronger than before.''

Fearing an attack was imminent, the BKA moved in next day. Manfred Klink, its senior anti-terrorism officer, was taking no chances. Armed officers seized Dalkamoni and Khreesat near their green Taunus car. In its boot they found a black Toshiba radio cassette recorder armed with about 300 grammes of Semtex-H high explosive and a barometric trigger designed to close an electric circuit at altitude.

''The detonating mechanism ... is suited to detonate explosives automatically in an aircraft,'' the BKA reported later. ''When the necessary operating height has been reached the fall in pressure connected with it will start the timing mechanism, and when the delay period has elapsed the detonator will be activated''.

The BKA simultaneously raided addresses in Frankfurt and four other cities, seizing 14 more supects and a lethal arsenal that included an anti-tank gun, sub-machine guns, mortars, rifle and hand grenades, TNT and five kilos of plastic explosives.

The Germans also issued an international alert to airline and airport security chiefs about the possibility of other Toshiba radio bombs made by Khreesat. They had reason to congratulate themselves. It seemed a massive plot to bomb an aircraft had been foiled and a terrorist cell taken out.

Events swiftly proved otherwise. For, in an astonishing decision that Scottish detectives would later believe had a direct bearing on the Lockerbie disaster, Khreesat was set free.

After holding him for two weeks on suspicion of conspiracy to commit a crime, the German police needed a new warrant to keep him in custody. On November 10, Dr Christian Rinne, an investigating judge of the federal high court in Karlsruhe, let Khreesat go.

Rinne said there was insufficient evidence to connect him with the Autumn Leaves gang's arsenal; nor had it been possible ''to discover a target or location for a crime of explosion''. If the BKA suspected Khreesat of involvement in earlier bombings, they did not disclose that to Rinne. ''According to the facts known so far, the accused is certainly suspected of the alleged charge. The strong suspicion of crime necessary for a warrant of arrest is, however, lacking,'' said Rinne.

Dalkamoni and one other suspect had been positively linked with the Frankfurt arsenal and were still under arrest. They would later be charged for bomb attacks aimed at American military trains. But the other suspects seized in the Autumn Leaves round-up were all out of custody. Marwan Khreesat, master bomb-maker, walked out of the courthouse and vanished without trace.

Seven weeks later, a terrorist bomb weighing less than a bag of sugar exploded on flight PA103 as it flew six miles high over Lockerbie. It was 7.03pm on Wednesday December 21, 1988. Many of the passengers were Americans going home for Christmas. All 259 people on board were killed; so were 11 Lockerbie residents.

The following day, from his temporary headquarters in the Lockerbie Academy, John Boyd, the chief constable of Dumfries and Galloway police, Britain's smallest force, began a vast search and recovery effort. He appointed Detective Chief Superintendent John Orr to head a team of 130 detectives to hunt down the bombers. Orr had no experience of airline bombings; but he quickly focused on three lines of inquiry.

One was that a suicidal terrorist had smuggled a bomb aboard. But tests on the bodies of the victims showed no indication that any of them had recently handled explosives. ''Profiling'' of their backgrounds by Special Branch revealed no terrorist connections.

Another possibility was the ''mule theory'': an innocent passenger had been duped into taking the bomb aboard. This was only ruled out after every single bag belonging to every passenger had been shown not to contain a bomb.

Lastly there was the ''inside man'' theory: an airport worker had managed to smuggle a bomb on to the aircraft in unaccompanied baggage.

It would take months and a tortuous journey through more than 9,250 leads before Orr would discover the answer. [...]

They found that a small magnet had been fused by the heat of the explosion into the metal frame of one damaged suitcase. A tangled piece of scorch-marked clothing in another case yielded a fragment of black-painted loudspeaker grille. A tiny screw melted into a third suitcase was a further pointer. By mid-February 1989, Feraday had identified a crucial piece of evidence pointing to the bomber the tiny piece of circuit board.

''I am completely satisfied that those fragments originate from a Toshiba-brand radio cassette recorder types RT 8016 or RT 8026,'' he wrote to Orr. ''The fragments are shattered in a manner consistent with their intimate involvement in an explosion and I therefore conclude that the bomb was contained in the aforementioned Toshiba-type portable radio cassette player.''

A charred instruction manual written in Arabic and English indicated that the radio had been sold in the Middle East. But there was no prospect of tracing the buyer.

Orr assigned a specialist search team to trawl five square miles of bush and shrubland on the western fringes of Newcastleton forest 23 miles from Lockerbie. It was laborious work. But the team members were fired up by the belief that they might bring the killers to justice.

They eventually found 27 pieces of a suitcase that Rarde was able to establish had contained the bomb. The pieces of scorched or melted brown plastic were all, Rarde concluded, part of a hard-sided brown Samsonite, the kind Khreesat had with him at the bomb flat in Neuss.

Harry Bell, a detective chief inspector, flew to Samsonite's headquarters in Denver, Colorado, where the suitcase was identified as an Antique Copper System Four Samsonite. The model had been manufactured between 1985 and 1988 and sold in the Middle East. But more than 3,500 had been made and there was no way of tracing the buyer. As with the fragments of the Toshiba bomb, the remains of the Samsonite seemed to lead to a dead end.

It was time to look elsewhere for clues. Since the first days after the bombing, Orr had been aware of a possible connection between Lockerbie and the Autumn Leaves operation in West Germany. On his advice, a formal British request went to the BKA for all possible assistance. But as February turned to March, Scottish detectives began to complain of BKA obstructiveness. At first it just seemed like bureacratic red tape. ''There were delays in answering our specific requests,'' said one detective. ''Later it became deliberate prevarication.''

The BKA at first rejected requests to interview detainees connected to the Autumn Leaves gang. When interviews finally did take place, the BKA insisted on asking the questions, and in German. Orr complained privately that the Germans were withholding the full Autumn Leaves files.

It was a delicate situation. A provincial Scottish police force, with little previous experience of terrorism, was challenging the counter-terrorism department of West Germany's equivalent of the FBI; the BKA is probably Europe's most efficient police organisation.

Matters came to a head in late March at a co-ordinating meeting of Scottish and German investigators at the inquiry headquarters in Lockerbie, where Orr outlined the growing evidence of connections between the PFLP-GC in West Germany and the Lockerbie bombing.

Evidence from Autumn Leaves proved conclusively that the group was once more planning to attack aircraft, said Orr. The Toshiba radio bomb, Samsonite suitcase and the use of Semtex were common factors pointing to links between the cell and the Lockerbie bombing. Orr also pointed out that, although Dalkamoni had been in custody when flight PA103 exploded, other members of the gang, including Khreesat, had been free for seven weeks.

Orr argued that it was essential to know the whereabouts of the Autumn Leaves gang after they had been released. ''It is vital to know where the PFLP-GC people arrested and then released were from 2829 October 1988 onwards; the whereabouts of their associates; if all the property capable of being used in bomb-making had in fact been recovered?'' Orr demanded that the BKA release their full files on Autumn Leaves.

''He made it clear,'' notes of the meeting read, ''that while he did not wish to interfere in any way with the investigation of the crimes committed by these people in West Germany, his first priority lay in solving the murder of 270 people in Scotland.''

The following month the long-delayed Autumn Leaves files at last arrived in Lockerbie from the BKA. They held some surprises for Orr. For weeks, he had been puzzled by Judge Rinne's decision to free Khreesat. Now, as he sifted through hundreds of pages of the English translation of Autumn Leaves, his bewilderment turned to horror.

The prima facie case against Khreesat appeared to be overwhelming. Dalkamoni had told the BKA that Khreesat had built bombs not just inside the Toshiba radio that police had seized but also in two tuners and a video screen. He modestly explained: ''Mr Khreesat was the expert. I brought him specially to Germany from Amman.''

Traces of explosives had been found on the table where Khreesat had worked in the Autumn Leaves flat, and Khreesat himself had revealed to police an extensive knowledge of the workings of the PFLP-GC. He had admitted that, about a month previously he had been in Dalkamoni's office in Damascus when he overheard a discussion by four PFLP-GC members about an attack on an American club.

But the really stunning discovery was that on November 5, while still in custody, Khreesat had telephoned Jordan. The call was monitored by an Arab-speaking intelligence officer who reported that Khreesat appeared to be taking orders from an official of the Jordanian intelligence service.

Suddenly the whole investigation took on a different complexion. Was Marwan Khreesat, television repairman and master bomber, also a Jordanian spy? More disturbingly, had a decision been made to let the bomb-maker go free because German intelligence knew he was employed by the Jordanians as an informer on Palestinian terrorism in Europe? Had he even helped the German police to break up Dalkamoni's group?

Perhaps this explained why the case to remand Khreesat had collapsed. Had the evidence against him been ''badly led'' by the police? Did Khreesat's ambiguous role lie behind the apparent reluctance of the BKA to hand over the Autumn Leaves file? It would certainly explain why the BKA was so keen to deny any link between the Autumn Leaves gang and the PanAm bombing.

For the detectives in the Lockerbie schoolhouse, this was a glimpse of a world they knew little about, where the priorities of police work and intelligence diverged, and morality played a subordinate role.

Further shocks lay ahead. In May 1989, police searchers returned from Newcastleton Forest in triumph with the lock to the Samsonite suitcase that had contained the bomb. If the key could be found, it could lead to the Samsonite's owner.

More than 100 luggage keys were scattered among the estimated 10,000 items from the wreckage stored in the investigators' warehouse. Superintendent Angus Roxburgh, the man in charge of the property store, spent the next 48 hours wrestling to fit one key after another into the lock. But none fitted. So Orr asked the BKA about keys he knew had been recovered in the Autumn Leaves raids. Perhaps one would fit: a terrific breakthrough. But the Germans prevaricated. They said no keys had been found, then that they had been house keys, and then that they had been destroyed.

Angrily, the Lockerbie detectives pursued the suitcase connection, and their suspicions about the BKA grew even stronger.

They were intensely interested in the bronze Samsonites which Khreesat had brought to Germany. One of Dalkamoni's relatives had told police that, just minutes before Dalkamoni and Khreesat were arrested, he had seen a bronze Samsonite in the boot of their car. Between this sighting and the arrests, Dalkamoni had parked the car and Khreesat had made a call from a street telephone.

No reference to a Samsonite appeared in German police files. The BKA had reported finding a Toshiba bomb in the boot, but no suitcase What had happened to it?

The Lockerbie police conjectured: ''It is possible that the brown suitcase was delivered to another person while Dalkamoni was 'parking the car', and that the suitcase contained another IED (bomb) and that the suitcase referred to is the brown Samsonite suitcase which contained the IED on PA103.''

In other words, the Scottish detectives suspected that the vanished suitcase was the missing link between Germany and Lockerbie. They surmised that, perhaps unknown to Khreesat himself, one of the bombs he had made had eventually sent 270 people to their deaths.

Such was the atmosphere in the Lockerbie incident control centre (LICC) over this question that Orr ordered an examination of the BKA's scene-of-crime photographs of the car. These showed cigarette packets and other litter in the interior yet a spotlessly clean and empty boot where the Samsonite had been seen. Suspicious, the Scots examined the film, and discovered that the picture of the boot had been taken on a separate roll. The BKA said it had run out of film. The Scots suspected dirty tricks.

What were the Germans up to? As the Lockerbie team chewed over such facts and as it knew about the arrest of Khreesat and Dalkamoni, another suspicion took shape. If Khreesat had been a known informer for the Jordanians, had he actually tipped off German intelligence that he had made his bombs and that it was time to arrest the Autumn Leaves gang before Dalkamoni could distribute them?

That might explain the BKA's apparent efforts to obfuscate what had happened. If it knew about Khreesat's double identity, it would have had to detain him to maintain his cover.

Dalkamoni also had suspicions on these lines. Months later, as he sat in a high security cell in Hessen, he reflected on whether a man he had regarded as a trusted associate in the cause of Palestinian terrorism had all along been working for the West. During a prison visit by his wife in April 1989, he told her that he thought Khreesat had ''played a double game''. [...]

Once again the imperatives of a team of detectives pursuing mass murderers had clashed with those of the intelligence community. The Scottish investigators were under public and political pressure to get at the truth of a dreadful crime; but no intelligence service would willingly unmask its operatives to prying eyes. In their schoolhouse, some of the Scots felt that they were fighting a losing war against encircling secrecy.

Their sense of helplessness grew with the realisation that the tide of international politics was also turning against them. The West was moving towards better relations with Syria, host to the PFLP-GC, and with Iran, whose radical former interior minister, Ali Akbar Mohtashemi, was suspected of instigating the Lockerbie bombing in revenge for the American destruction of an Iranian airbus in July 1988.

Orr had been told that he would be unable to produce a shred of evidence against Iranian or Syrian officials in court. But he told his men not to worry about politics.

''He repeatedly told us to keep our heads down and get on with the job,'' said one detective. ''But only a fool could ignore the implications if we got a successful result.''

While gloom spread at Lockerbie, the forensic team at Rarde was trying to resolve another dispute between the two police forces. Had the suitcase packed with the bomb slipped past airport security at Heathrow or at Frankfurt, where a feeder flight to PA103 had originated?

Britons and Germans were blaming each other, and Orr was under pressure from the joint intelligence steering group of the Cabinet Office, which co-ordinates intelligence and security policy, to resolve the disagreement. There was a danger that the festering dispute would compromise co-operation between the Secret Intelligence Service (MI6) and its German counterparts in the hunt for IRA terrorists on the European mainland.

It was a three-dimensional jigsaw puzzle. Luggage pallet AVE4041, holding the bomb in the Samsonite suitcase, had been loaded at Heathrow; but Special Branch detectives had established that none of the bags in it had originated in London. Most had been transferred off feeder flight PA103A from Frankfurt, apart from seven or eight bags in the bottom layer which had come direct from Cyprus and other airports.

If the scientists could establish the exact location of the bomb suitcase within the pallet, this would indicate the airport where it had been loaded.

Feraday, Rarde's expert, flew to America for a series of secret tests at the US Navy's explosive ordnance disposal technology centre at Indian Head, Maryland. Pointedly, the Germans were not invited.

Moulding varying amounts of Semtex into Toshiba 8016 radios, Feraday built five bombs which were wrapped in clothes and packed into five Samsonite suitcases. Each suitcase was loaded into luggage pallets similar to AVE4041 and the bombs were blown up.

The test report concluded: ''Results clearly indicate that the case containing the IED (the bomb) was not ... in the bottom layer of passenger baggage.'' This meant the bag had come from Frankfurt. It was a rare victory for the Scots.

For the BKA, one embarrassment followed another. Returning in April to a greengrocer's shop owned by Dalkamoni's brother-in-law, which it had already searched during the Autumn Leaves raids the previous October, the BKA found that it had overlooked two home-made bombs in a Sanyo data monitor and an Ultrasound radio tuner. Primed with Semtex, both had barometric pressure switches linked to time delays.

To Orr's men, this discovery was more evidence that the Autumn Leaves gang had been planning attacks against aircraft using bombs made by Khreesat and powerful support for the theory that the Pan Am device had been put aboard PA103A at Frankfurt.

The Germans disagreed, and a battle of scientific memoranda began. The BKA now had three bombs in its possession: one seized with Khreesat and Dalkamoni in October, the other two found in the greengrocer's. It asked its forensic section, ST33, to report if these could survive a flight from Frankfurt to London (flight time 1 hour 18 minutes) without detonation, and then explode, as the Pan Am bomb had done, 38 minutes after take-off from Heathrow.

Unfortunately, one of the bombs blew up while being examined at BKA headquarters, killing a junior technician; and in the resulting panic, another exploded after being rushed outside and blasted with water from a firehose.

Although the BKA was left with only one fully functioning example of Khreesat's bombs, it reported that all three had a time delay of between 30 and 45 minutes, and concluded: ''Presupposing that an explosive device of the same construction was used in the attack, then this must have been taken on board for the first time in London, or at least made acute by insertion of the master switch.''

Bombs built by Khreesat had a maximum time delay of 45 minutes, argued the BKA. Therefore, if he had made the PA103 bomb it must have been loaded at Heathrow. It could not have been loaded at Frankfurt, on a flight of more than an hour, because it would have activated within 45 minutes; so it could not have been made by Khreesat and was not overlooked by the BKA during the arrest of the Autumn Leaves gang. Either way, the BKA had not been responsible.

This logic infuriated senior Lockerbie detectives, who complained that the BKA was ignoring a wealth of circumstantial forensic evidence pointing to Khreesat, Dalkamoni and the rest of the Autumn Leaves gang. [...]

Between the rows there was important progress. By August, after months of painstaking work, Hayes and Feraday had drawn up a detailed list of clothing that had been with the bomb in the suitcase. This gave the police the strongest clue yet to its owner.

The clothing included a white singlet; brown tartan trousers marked ''Yorkie, size 34''; a grey shirt or blouse; a blue and white pin-striped shirt or blouse; a grey herringbone pattern jacket; a coarse herringbone pattern skirt, a cream and brown striped jacket and a blue Babygro romper babysuit. They all showed scorch marks. Fibres from them had been fused into parts of the Samsonite suitcase. The Babygro provided the single most important lead in the whole inquiry. It was labelled ''Malta Trading Company''.

Rarde had also identified a second category of bomb-damaged clothes. None of the clothing showed traces of the radio bomb or the Samsonite suitcase. But the damage was so intense that the clothes must have been inside or at least very close to the bomb suitcase.

These other clothes included: a pair of white jogging trousers or longjohns; a multicoloured headscarf; a purple sweatshirt; a tartan pattern grey jacket a white singlet, a white bra and part of a green slip- on tennis shoe. Most revealing of all was a pair of cream jogging trousers marked "Noonan". The passenger list revealed that Karen Elizabeth Noonan, a 20-year-old American student from Potomac, Maryland, had been on board. Her background revealed she had spent time in Vienna and had befriended an Arab called Bilbassi.

The point did not escape Hayes. "We are therefore able to conclude," he wrote, "that all of the above clothing, much of which could be regarded as lady's clothing, could have originated from within the prime suitcase and, in the case of the first listing above, in all probability did originate from within the prime suitcase,." Had Noonan been a "mule"?

Follow-up inquiries on the Babygro indicated it had been sold at outlets throughout Europe, including Dublin. Noonan had been to Dublin just weeks before the bombing to watch her college team play football.

Hayes's memo caused a stir of excitement at the Lockerbie Academy. During one of his daily phone calls to Douglas Gow, the FBI's supervisory officer in Washington, Orr made it clear that the Noonan lead was the strongest yet, Gow agreed. Noonan fitted the profile of a "mule" perfectly. Could she provide the answer the Scots were looking for?

On the morning of August 16, the telephone rang in John Orr's office. He switched the device on to the orange scrambling machine. Detective Inspector Watson McAteer, deputy liaison officer with the BKA, said the Germans had at last produced the baggage loading list for PA103A, the feeder flight from Frankfurt.

The computerised printout was an itemised list of 111 bags which had been loaded on the afternoon of December 21. Orr had been asking for it since early Janaury. "First the Germans said it didn't exist; then they said they had lost it. Finally they said it had been destroyed," claimed one detective.

This was the goldmine Orr had been waiting for. Casting his eye down the left side of the list, he saw a handwritten cross in the margin beside one entry. It referred to a bag, numbered S0009, which had been entered into the computer at 13.07pm. A separate typewritten worksheet showed that this bag had gone through handling station 206. A third worksheet revealed only one bag had been recorded at station 206 at 13.07pm. It was from Air Malta flight KM180, which had left Valletta at 9.45am that morning, docking at Frankfurt's terminal B at 13.40pm. [...]

Police in Scotland and Germany hope the shifting allegiances and faction fighting within the world of Palestinian terrorism will produce and evidence they need. "It won't be today or tomorrow, but I'm confident that one of these days somebody involved will break their silence," said one Western intelligence official.

But as the fatal accident inquiry opens in Dumfries tomorrow, the Scots and the Germans are still far apart in their theories about what that evidence will be.

The Scots police remain convinced that the Pan Am bomb was one of those made by Marwan Khreesat as he sat at his bedroom table on October 24 and 25, 1988. They suspect the BKA missed this device when it seized the Autumn Leaves gang and that the device was subsequently smuggled out of the country and, somehow, taken to Malta via Cyprus. But this is a theory with several holes.

Principally, how could the bomb have been taken to Malta? There is the Talb link, and there is a report of a member of the Autumn Leaves gang traveling by train to Vienna with a Toshiba radio under his arm after his release from custody. But would terrorists take a homemade bomb with a propensity to go wrong halfway around Europe, rather than move a bomb-maker to the point where the device was needed?

Furthermore, if the bomb was a barometric device made by Khreesat, why did it explode neither on the Malta-Frankfurt flight nor on the Frankfurt-London flight? The fact that it blew up 38 minutes our of Heathrow when, but for a diversion caused by high winds, PA103 would have been over the Irish sea suggests that it was precisely primed to send the plane plunging into deep water, where no evidence would ever be found.

As a result, the Germans treat the argument implicating Khreesat with a mixture of irritation and contempt. They argue that a bomb originating in Malto must have been constructed to a different design by another bomb-maker.

"The Scottish evidence is rather flimsy," said one senior German security official in charge of the case. "If you have a point and you like that point you try to fit everything into that scheme. That's what they are doing." He said evidence pointing away from Khreesat is in the hands of the Scottish police, "they might not like it, but it's there". Yet just what this evidence is he would not say.

Twenty-one months on, while the police bicker, the political steam has started to go out of the Lockerbie issue. Morale amount the investigators has plummeted, and men and resources have been diverted elsewhere. Just 35 of the original team of 130 detectives remain at the Lockerbie Academy; Orr has been promoted to deputy chief constable of the region. In Germany, Klink's Lockerbie team has dropped from 20 to just a handful.

On Thursday, as Sheriff Mowat's fatal accident inquiry enters its fourth day, Hafez Dalkamoni will appear before Frankfurt high court accused of possessing weapons and membership of a terrorist organization. He is expected to plead guilty to possessing one of Khreesat's bombs. But he insists this was meant for a target in Israel. With remission for good behaviour and the time already spent in custody, Dalkamoni can expect to be free within a few years.

Khreesat himself, television repairman and bomb-maker, is believed to be living in Amman, almost certainly under the protection of the Jordanian government. Senior Western intelligence officials refuse to discuss his real allegiances.

"We never confirm or deny the identity of our agents, " said one intelligence official who has supervised the Lockerbie case. "All I can say is that if Khreesat is a penetration agent, I wish we could have many of his sort."

Compromised by such sentiments, the hunt for the truth about the Lockerbie disaster faces an even greater obstacle: the Gulf crisis.

When James Baker, the American secretary of state, visited Syria earlier this month seeking solidarity against Iraq, he indicated that the CIA and West German intelligence had extensive evidence linking the Damascus-based PFLP-GC to the Lockerbie bombing, and he asked President Assad to expel the organization from Syria. Baker said American-Syrian relations could not be normalized until Assad acted.

The Syrians replied that if there was hard evidence to link any person or group in Syria with any terrorist acts, then those responsible would be placed on trail. But pressure to make the Syrian fulfil that promise is increasingly unlikely.

For, in a world suddenly endangered by the Gulf crisis, Syria and Iran have become unexpected partners with the West against Saddam Hussein. When Syrian troops stand shoulder-to-shoulder with British and American soldiers, the 270 victims of Lockerbie take second place in the struggle for justice.