10.09
This conspiracy theory is based on the premise that key evidence presented at the trial (e.g. timer fragment, parts from a specific radio cassette model, clothing bought in Malta, bomb suitcase originating at Luqa Airport) could have been fabricated by the U.S. and Britain for the “political” purpose of incriminating Libya.
Recent Libyan history
Muammar al-Gaddafi’s regime in Libya has a long and well-documented history of support for rebel and paramilitary groups. During the 1970s and 1980s, Gaddafi supplied large quantities of Libyan weapons and explosives to the Provisional Irish Republican Army. Other incidents that have been attributed to Libya are not so clear cut:
- The 1984 murder of police constable Yvonne Fletcher outside the Libyan embassy in London was blamed on Libya and led to a long-term rupture of diplomatic relations. No prosecution has taken place, but Libya has paid compensation to WPC Fletcher’s family and recently allowed Scotland Yard to interview suspects in that country.
- US president Ronald Reagan was convinced that Libya was responsible for the 1986 Berlin discotheque bombing – in which two American servicemen were killed and another 50 injured – and, in retaliation, ordered the bombing of Tripoli in Operation El Dorado Canyon. In 2001, a Libyan and two Palestinians were convicted and imprisoned by Berlin’s Supreme Court, and in 2004 Gaddafi agreed to pay $35 million in compensation to the non-American victims of the Berlin bombing.
- It was alleged that Libya carried out the 19 September 1989 bombing of French UTA Flight 772 over the Sahara Desert, because France at the time supported Libya’s neighbour Chad in a border dispute. A Paris court convicted six Libyan nationals in absentia in 1999. With remarkable parallels to the Lockerbie trial, the Paris court heard that UTA Flight 772 was brought down by a Samsonite suitcase bomb triggered by a sophisticated timing device. However, according to French investigative journalist, Pierre Péan, it was a tiny PCB timer fragment, having supposedly been retrieved from the aircraft’s wreckage in the desert, that allowed FBI investigators to pin the blame for the UTA Flight 772 bombing on Libya.
- Libya supplied the Provisional Irish Republican Army (PIRA) with tonnes of Semtex — amongst other weapons. See also Provisional IRA arms importation#Libyan Arms.
At the end of the Pan Am Flight 103 bombing trial an international observer appointed by the United Nations, Hans Köchler, called the verdict a “spectacular miscarriage of justice”. Even though Libya never formally admitted responsibility for Pan Am Flight 103 or UTA Flight 772, Libya “accepted responsibility for the actions of its officials” and agreed to pay compensation to the relatives of the victims. In October 2008 Libya paid $1.5 billion into a fund which will be used to compensate relatives of the
- Lockerbie bombing victims with the remaining 20% of the sum agreed in 2003 ($2.7 billion);
- American victims of the 1986 Berlin discotheque bombing;
- American victims of the 1989 UTA Flight 772 bombing; and,
- Libyan victims of the 1986 US bombing of Tripoli and Benghazi.
Lord Advocate’s comment
In an address to a conference of law officers in August 2001 (seven months after the PA 103 verdict) the Scottish Lord Advocate, Lord Boyd, rejected any suggestion that Libya had been framed and denied that this was a politically-driven prosecution, instead blaming conspiracy theorists for such allegations:
- “Conspiracy theorists have alleged that the investigators’ move away from an interest in the PFLP-GC was prompted by political interference following a re-alignment of interests in the Middle East. Specifically it is said that it suited Britain and the United States to exonerate Syria and others such as Iran who might be associated with her and to blame Libya, a country which we know trained the IRA. Accordingly, evidence was ‘found’ which implicated Libya. This is best answered by looking at the evidence.”
The Lord Advocate went on to list the various pieces of evidence found to prove that the PA 103 investigators’ interest in Libya was “as a result of the evidence which was discovered and not as a result of any political interference in the investigation”. He reiterated: “There is no evidence whatsoever to suggest that there was political interference. The investigation was evidence-led.” Lord Boyd dealt with each piece of evidence, as follows:
- Toshiba radio cassette fragment:
- “evidence was obtained from Toshiba [by DERA's Alan Feraday] which showed that during October 1988 20,000 black Toshiba RT-SF 16 radio cassettes, the type used in the Pan Am bomb, were shipped to Libya. Of the total world-wide sales of that model 76% were sold to the General Electric Company’s subsidiary in Libya, whose chairman was Said Rashid.[information added]“
- Mebo timer fragment:
- “In June 1990, with the assistance ultimately of the CIA and FBI, Alan Feraday of the Explosives Laboratory was able to identify the fragment as identical to circuitry from an MST-13 timer. It was already known to the CIA from an example seized in Togo in 1986 and photographed by them in Senegal in 1988. That took investigators to the firm of Mebo in Zurich. It was discovered that these timers had been manufactured to the order of two Libyans Ezzadin Hinshin, at the time director of the Central Security Organisation of the Libyan External Security Organisation and Said Rashid, then head of the Operations Administration of the ESO.”
- Clothing material:
- “In September 1989 Tony Gauci, the shopkeeper, was interviewed by Scottish police officers. He convincingly identified a range of clothing which he had sold to a man sometime before Christmas 1988. Among the items he remembered selling were two pairs of Yorkie trousers, two pairs of striped pyjamas, a tweed jacket, a blue babygro, two slalom shirts collar size 16 and a half, two cardigans, one brown and one blue and an umbrella. He described the man, and subsequently identified him as Megrahi. More importantly at the time he was in no doubt that he was a Libyan.”
Reliance on forensic science
Warning against over-reliance upon forensic science to secure convictions, one of Britain’s foremost criminal lawyers, Michael Mansfield QC, in the BBC Scotland Frontline Scotland TV programme Silence over Lockerbie, broadcast on 14 October 1997, said he wanted to make just one point:
- “Forensic science is not immutable. They’re not written in tablets of stone, and the biggest mistake that anyone can make—public, expert or anyone else alike—is to believe that forensic science is somehow beyond reproach: it is not! The biggest miscarriages of justice in the United Kingdom, many of them emanate from cases in which forensic science has been shown to be wrong. And the moment a forensic scientist or anyone else says: ‘I am sure this marries up with that’ I get worried.”
A number of news media also investigated the bombing and the various theories that were put forward to explain it. One news team headed by Pierre Salinger accused the prosecution of disinformation, and of attempting to steer the investigation toward Libya.