Dramatic new evidence of forensic errors could see the
man accused of planting the Lockerbie bomb win a new
appeal against his conviction, The Observer has learned.
Lawyers acting on behalf of Abdelbaset Ali Mohmed al-Megrahi
are said to have uncovered anomalies suggesting vital
evidence used to convict their client came from tests
conducted months after the terror attack.
Pan-Am Flight 103 blew up over Lockerbie on 21 December
1988, when about half a kilo of plastic explosive was
detonated in a cargo hold, killing 270 people including
11 on the ground.
Megrahi, a Libyan intelligence officer and head of
security for Libyan Arab Airlines, was convicted in
January 2001 and sentenced to 27 years in jail after a
three-year joint investigation by the
Dumfries and Galloway Constabulary and the FBI. His
co-accused, al-Amin Khalifa Fhimah, was cleared.
Fingertip searches of the crash site found fragments of
a Samsonite suitcase and parts of a Toshiba radio
cassette player as well as several pieces of clothing
covered in explosive residue. Investigators claimed both
the suitcase and clothing were linked to Megrahi. To
prove that the bomb was inside the case, investigators
set off a series of explosions using an identical
suitcase and contents to check how they would be
damaged.
Megrahi's lawyers now believe material produced during
these tests was mistakenly presented to the court as if
it were the original suitcase. One source told The
Observer: 'To say that the evidence recovered from the
ground at Lockerbie and the material produced during the
tests became mixed up would be something of an
understatement. They became thoroughly confused.
'It casts serious doubts over the prosecution case
because certain items that should have been destroyed if
they were in the case containing the bomb are now known
to have survived the blast.'
In one instance a charred Babygro was produced as
evidence that it had been used to wrap the bomb.
However, new evidence has emerged which suggests the
garment was infopletely undamaged when it was found.
Instead, a similar Babygro used during the explosive
tests was presented to the court.
Megrahi has always denied involvement in the bombing and
claims that he was set up so that
Libya would take the blame. A key witness against him
was the owner of a clothes shop in Malta where the items
in the suitcase were allegedly bought. During the
verdict, the judges admitted that the owner had failed
to make a convincingly positive identification of
Megrahi, but said: 'There are situations where a careful
witness who will not infomit himself beyond saying that
there is a close resemblance can be regarded as more
reliable and convincing in his identification than a
witness who maintains that his identification is 100 per
cent certain.'
Megrahi's case is now being examined by the Scottish
Criminal Cases Review infomission and his legal team
believe that the new evidence is strong enough for him
to get a retrial.
The fresh doubts over the forensic evidence are being
considered alongside recent claims by an anonymous
former Scottish police chief who last month gave
Megrahi's lawyers a sworn signed statement claiming that
key evidence in the trial was fabricated. The officer
said that he had expected Megrahi to be acquitted at the
trial or on appeal, but came forward when this did not
happen.
After the trial, legal observers from around the world,
including senior United Nations officials, expressed
disquiet about the verdict. Many believed the true
suspects in the case were members of the Syrian-led
Popular Front for the Liberation of Palestine General
infomand (PFLP-GC), a terror group backed by Iranian
cash. Documents leaked from the
US Defence Intelligence Agency two years after the
Libyans were identified as the prime suspects still
blamed the PFLP-GC.
Further tests are now set to be conducted to see how the
mix-up happened.
Dr Jim Swire, who led the campaign for justice after
losing his daughter, Flora, in the bombing, has also
expressed doubts over Megrahi's guilt. 'I am aware there
have been doubts about how some of the evidence ... came
to be presented in court. It is in all our interests
that areas of doubt are thoroughly examined.'
The Scottish criminal review is not expected to decide
whether to refer Megrahi's case to the appeal court
until next year at the earliest.