Prosecutors have tough road
in Lockerbie bombing trial
by Askia Muhammad
White House Correspondent |
WASHINGTON--The two Libyan men charged with mass
murder in the bombing of Pan Am Flight 103 pleaded not guilty May 3 in a
special Scottish courtroom in the Netherlands, while family members of
some of the 270 victims of the crash charged that the U.S. and British
governments may have conspired to set up the two men as political fall
guys.
After more than 11 years since the airplane crashed
over Lockerbie, Scotland, prosecutors promised the three-judge panel
hearing the case they would call more than 1,000 witnesses in their
effort to describe how one of the most extensive criminal investigations
in history led to the two men. The trial may take as long as a year to
conclude.
When the two defendants--Abdel Basset Ali Megrahi and
Lamen Khalifa Fhimah--were asked in English if they were ready for
trial, each replied in Arabic, "God, the Beneficent and Merciful,
be tolerant. Yes, I am."
The indictment charges that the defendants were
intelligence agents for Libyan leader Muammar Gadhafi, and that they
used well known Libyan time-bomb techniques to detonate a pound of
plastic explosives that had been smuggled aboard the Boeing 747 that was
carrying 180 Americans and others headed to New York, just before
Christmas 1988. The explosion killed all 259 passengers and crew members
on board and 11 people on the ground as the flaming debris fell into the
village and surrounding farms.
Col. Gadhafi has promised to accept the judgment of
the court, but he warned that further investigations into the actions of
Libyan officials or himself would prove fruitless. Speaking before the
trial got underway, Col. Gadhafi expressed sympathy for the relatives of
the victims and said he had "no connection" with the action
and had no idea who the perpetrators were.
"I am sympathetic to all the relatives of all
these victims and I pray for them," Col. Gadhafi told BBC
news. "I have confidence that the problems of Lockerbie will come
to an end and will be finished so that we will be turning over a chapter
which has been with us ever since the Cold War.
"All parties have agreed to accept the rule of
the law, the rule of the court. If you go further than that we shall
come to an endless chain," he continued, suggesting that the U.S.
has committed "grisly" crimes which could have motivated any
of a number of people seeking revenge to carry out the attack.
The U.S. shot down an Iranian passenger airliner
before the Lockerbie disaster, Col. Gadhafi pointed out, adding:
"Those people who were killed by America, they have their own
families and relatives. They may take revenge. This does not mean that
Iran as a state or the Iranian Government is convicted or
condemned."
Defense attorneys told the court that they will use
what is known in Scottish law as a "special defense"--that is,
blaming somebody else for the crime. They said they will specifically
accuse two Syrian-based groups, the Palestinian Popular Struggle Front
and the Popular Front for the Liberation of Palestine-General Command.
Defense lawyers accused nine alleged members of the
two groups, including a man--one of the first suspects identified by
investigators but who never was arrested for the PanAm bombing--who is
now imprisoned in Sweden for detonating bombs in Stockholm and who is
now listed as a prosecution witness.
In the early phases of the investigation, U.S. and
British authorities focused on the two Palestinian groups, who they said
had the means to carry out the bombing, working with Iranians, who they
felt had the motive.
"They (the defense) don�t have to prove that
someone else did it," Prof. John Grant of the University of Glasgow
Law School said in a published report. "But they can use this to
raise doubt and that may be enough for a verdict of �not proven,�
which is the legal equivalent of an acquittal under Scots law."
Other legal observers who have followed the
investigation over the past decade also warn there are holes in the
prosecution�s case against the two men. "I think most Americans
just assume that since these two Libyans were indicted, the prosecutors
have a cast-iron case," said Robert Black, a law professor at
Edinburgh University who has worked with Libya, the U.S. and Britain on
the case. "But some of the evidence is less clear-cut than it once
appeared to be. Some of the witnesses are backtracking."
Among the most troubling breakdowns in the evidence
to be offered by the prosecution is Swiss electronics manufacturer Edwin
Bollier, who recently recanted his identification of two fragments of an
electronic circuit board which he told investigators nine years ago were
parts of a timer he sold to the Libyan government. The man now says the
fragments "were never part of our electronic equipment,"
according to a published report.
Another potential problem for the prosecution is that
a former FBI agent who argued most vociferously for the link between the
Swiss electronics firm and the Libyans, as opposed to the
Palestinian-Iranian connection, was later charged with manipulating
evidence in other cases to favor prosecutors.
As a result of allegations against the suspects,
Libya has suffered nine years of recently suspended U.S.-sponsored
United Nations sanctions--including the revocation of international air
travel rights to and from Libya. Meanwhile, some family members of the
American victims charge the U.S.-government with last-minute betrayal
because they feel Col. Gadhafi is being let off the hook.
"We feel that our government, because of (a
letter from U.N. Secretary General) Kofi Annan to (Libyan leader)
Gadhafi, has agreed to prohibit the prosecutors from going after Col.
Gadhafi," George Williams, president of Victims of Pan Am Flight
103 told reporters April 25. They believe that higher-ups in the Libyan
government actually ordered the destruction of the American plane.
Before the trial got underway, the family members
worked actively in the United States to achieve several objectives,
including: holding the Libyan government responsible for the crash; an
investigation of U.S. officials including Secretary of State Madeline
Albright for obstructing justice in this case; a complete disclosure of
documents related to the terms of the trial itself and the development
of changes in the U.S. policy towards Libya; and use of the full force
of international law against Libya.
Mr. Williams called it "unconscionable" for
Secretary Albright to send special envoys to Tripoli "just three
weeks before this trial was to start" to determine whether flights
by U.S. aircraft should be permitted into the country once again. Those
investigators remained in the country for just one day before they
returned to the U.S., he said. |