Abdelbaset al-Megrahi walked free yesterday, having been freed on
compassionate grounds by the Scottish executive. The US is outraged,
as, understandably are many families of victims of the Lockerbie
terrorist attack, and everyone, including Scottish First Minister Alex
Salmond, questioned the taste of the hero's welcome afforded Megrahi in
Tripoli.
The Libyans have pointed out that the welcome was not an official one but that's hardly going to convince the critics. But what
few people have mentioned is the fact that those that welcomed Megrahi were not necessarily gloating over the murder of 270 people but because they believe that Megrahi is innocent. And they're not the only ones.
There
are accusations flying about, most notably that Megrahi's release was
part of a deal the UK struck with Libya to further open the country up
to British oil companies. And Seif al-Islam Gaddafi, who holidayed with
deputy PM (and former EU trade commissioner) Peter Mandelson on
Corfu last month, says that's exactly what happened. Whitehall firmly
denies this, leaving us in the invidious position of deciding whether
we should believe the son of Muammar Gadaffi or a New Labour
government. There are those who rightly point out the shabby behaviour
of the British government in all this, who have been able to maintain
their good relations with Libya while letting the SNP-run Scottish
executive take the flak. Then there are others who suspect that the
compassionate release was timed to avoid uncomfortable truths emerging
in Megrahi's second appeal.
I'm not sure if I completely agree
with the matter of compassionate release in cases of such gravity, but,
as victim's father Dr Jim Swire says, that's neither here nor there
because, like him, I am convinced that Megrahi had nothing to do with
the bomb that brought down Pan Am flight 103. His conviction rests on
the flimsiest of circumstantial evidence and on the word of one man,
the Maltese shopkeeper Tony Gauci, who claims to have sold Megrahi the
clothing that was wrapped round the bomb. Gauci was interviewed by
police 17 times and gave conflicting evidence on a number of occasions.
It is also alleged he was offered a $2m reward in return for giving evidence, and that he was coached by police, and wined and dined by them in advance of giving his testimony.
Megrahi's
defence also argues that the forensic tests on the circuit board of the
timer were incomplete, relying on visual evidence rather than on
gaseous swabs. The credibility of the three forensic scientists
employed by the prosecution is also in doubt, not least because of them
Dr Thomas Hayes was involved in the framing of the Maguire Seven in
1976. The defence also says it has a secret document that disputes
prosecution claims that Megrahi bought a digital timer from a Swiss
company, Mebo and then planted the bomb on a flight from Malta to
Germany. In 2007 the Scottish Criminal Cases Review Commission
announced there was 'no reasonable basis' to place Megrahi in Malta at
the time in question. It has admitted new evidence to allow a second
appeal to go ahead, which Megrahi withdrew - needlessly - last week.
Its 800-page report has never been published.
The US and British
prosecutors originally targeted Mohammed Abu Talb, an associate of the
Popular Front for the Liberation of Palestine, who was allegedly
contracted by the Iranian government to blow up the plane in
retaliation for the downing of Iran Air Flight 655 by the US navy
cruiser Vincennes five months previously. But it seems realpolitik
intervened during the 1991 Gulf War when the US declined to antagonise
Tehran so as to be able to use its airspace during the attack on Saddam
Hussein's Iraq. The focus then turned to Libya, none too implausibly,
given Muammar Gaddafi's deep enmity towards the US and his previous
sponsorship of terrorism, including the LaBella nightclub bombing in
Berlin in 1986.
Gaddafi kept Magrahi and fellow suspect Lamin
Khalifah Fahima under house arrest for several years until, after
protracted negotiations with the US and the UK - and UN sanction - he
handed them over to Scottish prosecutors in the Netherlands, where they
stood trial, and Magrahi was convicted, in 2000. Since then Libya has
gradually eased itself out of its pariah-state status, agreed to scrap
its weapons of mass destruction, signed successions of trade deals with
Western investors and become Italy's de facto immigration policeman in
return for 'reparations' for Italy's colonial past in the country. The
fact that Libya accepted responsibility for the bombing in 2003 is
uncritically accepted as the cornerstone for the soundness of the case
against them, as if the word of a dictator who brutally suppresses
dissent at home and who sponsors terrorism abroad would ever be worth
anything. The Gaddafi regime has done well out of its co-operation with
the Lockerbie prosecution but it now seems to be having second-thoughts
with Prime Minister Shukri Ghanem telling the BBC in 2004 that the
admission was made - and $2.15billion dollars of compensation to
victims' families paid - as the 'price for peace'. Abdelbaset
al-Megrahi was the convenient patsy that took the fall for all this.
The case for Megrahi's innocence is not some obscure 9/11 'truther'-style conspiracy theory. UN observer Hans Köchler questioned the conduction of the trial,
detecting political motives. Former Scottish Labour MP Tam Dalyell has
long proclaimed Megrahi's evidence as have two British parents of
victims, Dr Jim Swire and Martin Cadman, both of whom described
Megrahi's trial as a farce. The Scottish Criminal Cases Review
Commission saw sufficient irregularities in the trial to allow a second
appeal while a retied Scottish police chief has testified
that evidence was fabricated by the CIA. All of this points to a strong
suspicion that the compassionate release was designed to sidestep
uncomfortable disclosures in the appeal. The evidence to hand is almost
overwhelmingly in favour of describing the conviction of Abdelbashet
al-Megrahi as a miscarriage of justice of such a scale that it makes
the framing of the Guildford Four, the Birmingham Six and the Maguire
Seven seem minor indeed.
But all of the above either falls on
deaf ears in the US or is never reported. Washington's protestations
have been matched by victims' families, with Susan Cohen, who lost her
daughter Theodora calling Megrahi's release a 'disgrace' and 'vile'.
There has been further outcry from newspaper editorialists and from
commenters on blogs. But references to questions over the soundness of
the conviction are few and far between. One can forgive victims'
families their bitterness - and Megrahi, while maintaining his
innocence, has done that
- and one can also forgive the average American their ignorance,
considering the other side of the case is so poorly reported in the
media over there. One might cynically point out that a substantial
number of Americans still believe Saddam Hussein had a hand in
September 11th and that there were weapons of mass destruction in Iraq
in March 2003, but my intention is not facile Yank-bashing. The US
media are however culpable of a shocking irresponsibility in their
coverage of the affair from start to finish. One might expect nothing
less from the likes of Fox News and the Wall Street Journal, whose
stock in trade is lies and libel. But the behaviour of other media
outlets, both old (The New York Times, Washington Post
and the Chicago Tribune) and new (Huffington Post) has been
exceptionally remiss with all the self-righteous editorialising
completely ignoring the strong evidence there is for a miscarriage of
justice. Instead Steve Chapman at the Chicago Tribune says 'Libyans celebrate mass murder', a pundit on CNN wonders if the Libyans who cheered Megrahi's return home were terrorists. The Philadelphia Inquirer says Megrahi showed no compassion to his victims. The paper of record says questions arise
after Megrahi's release but, of course, these questions pertain only to
a possible deal done between London and Tripoli. Megan McArdle at the
Atlantic is similarly coy (or ignorant) about the dubiousness of the conviction, while her colleague Eric Tarloff breaktakingly says 'Assuming
Megrahi received a fair trial -- and I have read nothing to indicate
otherwise -- a life sentence seems the minimal appropriate punishment
for a crime of such enormity.' If Tarloff has failed to read
anything that casts doubt on whether Megrahi received a fair trial, you
have to question his fitness to hold a press card. The Boston Globe
similarly omits to mention
the flimsiness of the evidence against Megrahi. Even left-wing media
are reticent on the matter, with no mention even of Megrahi's release
to be found in The Nation, Mother Jones or In These Times. Only the New
York Times' Lede blog gives any airing to questions raised in the media the other side of the Atlantic while the Daily Kos wonders, tentatively if there might be something wrong with the conviction.
So
why is the US media reporting the story - and opinionating on it - with
an almost unanimous disregard for the facts and with moral cowardice,
as if questioning Megrahi's guilt would in some ways be an insult to
the victims and their families? Why is the US media so uncritical and
supine in its acceptance of what is clearly a flawed judgement? Why is
it abdicating its responsibility to investigate a story that is crying
out for media attention? It proves that David Simon's fears of a compliant, unquestioning media
that doesn't do its job properly is already with us. My suspicion is
that the US media and those outraged by Megrahi's release are willfully
deluding themselves, repressing unwelcome truths in order to facilitate
a narrative, to bring 'closure' to the bereaved, who are,
understandably never going to recover from what was a terrible loss. An article in the Chicago Tribune
says that Megrahi's release 'erases some of the victims' closure'.
Larry Wild, whose stepdaughter Miriam Woolf died in the bombing says
'we thought we had judicial closure'. It's natural that grieving
relatives should feel this way but the fact that this 'closure' was
provided by Megrahi's dubious conviction does not make it right. Some
of the US families accept that Megrahi was probably not ultimately
responsible but they are still happy to accept his conviction, for want
of a bigger fish in the net. In this psychodrama, Megrahi functions,
both literally and metaphorically, as a scapegoat, and his role as the
villain of the piece has symbolic value even for those who suspect he
might not actually be the right guy. And the US media feeds all this.
The role of responsible news-reporting is not to provide comfort and
succour, not even to those who, like the families who lost loved ones
in the Lockerbie bombing; its role is to investigate and query when
there are reasonable grounds for doubt. The case against Megrahi is
thin, the evidence so circumstantial that it would probably fail to
meet probable cause for prosecution in a US court.
Relatives of
British victims have been much more objective and clear-eyed in their
reaction to Megrahi's conviction. This is understandable, as unlike
American families, they have more immediate access to the investigation
and have been able to follow it more closely. The fact that it was a
Scottish court that produced the miscarriage of justice also gives them
an extra vested interest in seeing something more than summary justice
done. But the intransigence of some American families, while
understandable, is harmful. Jim Swire says he has been unable to have a
meaningful conversation with the US families since the 2000 trial and
he also says the families were groomed, prepped and isolated by US
authorities throughout the trial. Martin Cadman said last week that
American families convinced of Megrahi's guilt need to 'get real' - a
harsh comment but Cadman, like Swire and Rev John Mosey, knows that the
show trial has deepened rather than assuaged the pain and hurt caused
by the attack. Swire has been said to be suffering from Stockholm
Syndrome by Lord Fraser, the Lord Advocate who oversaw the Camp Zeist
trial, an outrageous smear on someone who rightly questions the
conviction, and who is supported by many top Scottish legal minds,
including Robert Black, who first proposed holding the trial in the Netherlands.
Lost
in the diplomatic outrage, the headlines and the motives of Libya -
which, again, are not implausible - is a simple matter of legal
rectitude. Libya may or may not have been responsible for the attack -
its previous admissions of responsibility are not to be taken at face
value - and Megrahi is probably no angel either, as few people working
for the Libyan secret service (or any secret for that matter) are. The
problem is one of due process and the irregularities are so glaring
that Scotland's own legal review board has called the conviction into
question. Convictions can only be secured on available evidence and
testimony, which, in this case, are flimsy to threadbare. We mightn't
like it (or like Gaddafi's squalid, brutal regime) but it is highly
unlikely that Abdelbaset al-Megrahi planted the bomb on Pan Am Flight
103. That the US media is failing to report this side of the story is a
dereliction of journalistic duty.
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