Pan Am Flight 103
|Date||21 December 1988|
|Site||Lockerbie, Dumfries and Galloway, Scotland, United Kingdom|
|Fatalities||270 (259 in the aircraft, 11 on the ground)|
|Aircraft type||Boeing 747–121|
|Aircraft name||Clipper Maid of the Seas|
|Flight origin||Frankfurt am Main Airport, Frankfurt am Main, West Germany|
|1st stopover||London Heathrow Airport, London, England, United Kingdom|
|2nd stopover||John F. Kennedy International Airport, New York City, United States|
|Destination||Detroit Metropolitan Wayne County Airport, Romulus, Michigan, United States|
Pan Am Flight 103, also commonly referred to as the Lockerbie bombing, was the bombing of a Pan Am transatlantic flight from London Heathrow Airport to New York's John F. Kennedy International Airport on Wednesday, 21 December 1988. A Boeing 747–121, named Clipper Maid of the Seas, was destroyed by an explosive device killing all 243 passengers and 16 crew members. Large sections of the plane crashed into Lockerbie, in southern Scotland, killing an additional 11 people on the ground.
Following a three-year joint investigation by Scottish police and the U.S. Federal Bureau of Investigation, murder warrants were issued for two Libyan nationals in November 1991. Libyan leader Colonel Muammar Gaddafi eventually handed over the two men for trial at Camp Zeist, Netherlands in 1999 after protracted negotiations and UN sanctions. In 2001 Libyan intelligence officer, Abdelbaset al-Megrahi, was jailed for the bombing. In August 2009 he was released by the Scottish government on compassionate grounds after being diagnosed with prostate cancer. He died in May 2012 remaining the only person to be convicted for the attack.
In 2003 Gaddafi admitted Libya's responsibility for the Lockerbie bombing and paid compensation to the victims' families though he maintained he never personally gave the order for the attack. During the Libyan civil war in 2011, a former government official contradicted Gaddafi claiming the Libyan leader had personally ordered the bombing. Despite these assertions, numerous conspiracy theories have developed regarding responsibility for the destruction of Pan Am Flight 103.
The aircraft operating Pan Am Flight 103 was N739PA, a Boeing 747–121 named Clipper Maid of the Seas. The jumbo jet was the fifteenth 747 built and was delivered in February 1970, one month after the first 747 entered service with Pan Am. In 1988 it had undergone a complete overhaul.
The Clipper Maid of the Seas operated the transatlantic leg of Flight 103, which had originated in Frankfurt, West Germany, on a Boeing 727. At London Heathrow, passengers and their luggage on the feeder flight transferred directly onto the Boeing 747, along with interline luggage not accompanied by anyone. The aircraft lifted off at 18:25. Captain James Bruce MacQuarrie (55), a veteran with 11,000 flight hours, first officer Raymond Ronald Wagner (52), and flight engineer Jerry Don Avritt (46), flew northwest into the Daventry departure over the Midlands and leveled off at 31,000 ft about 25 miles (40 km) north of Manchester at 18:56. The 13 person flight attendant crew on duty were purser Mary Geraldine Murphy (51), purser Milutin Velimirovich (35) and flight attendants Siv Ulla Engstrom (51), Elisabeth Nichole Avoyne-Clemens (44), Noelle Lydie Campbell-Berti (41), Elke Etha Kühne (43), Maria Nieves Larracoechea (39), Irja Syhnove Skabo (38), Paul Isaac Garrett (41), Lilibeth Tobila Macalolooy (27), Jocelyn Reina (26), Myra Josephine Royal (30) and Stacie Denise Franklin (20). The flight attendants had between 28 years and 8 months seniority, with an average of 14 years apiece. Flight 103 was scheduled to continue from New York/JFK to its terminating point in Detroit, Michigan, with a change of equipment and crew to another Boeing 727 at JFK.
The Clipper Maid of the Seas approached the corner of the Solway Firth at 19:01 and was observed as it crossed the coast at 19:02 UTC. On scope, the aircraft showed transponder code, or "squawk," 0357 and flight level 310. At this point, the Clipper Maid of the Seas was flying at 31,000 feet (9,400 m) on a heading of 316 degrees magnetic, and at a speed of 313 kn (580 km/h) calibrated airspeed. Subsequent analysis of the radar returns by RSRE concluded that the aircraft was tracking 321° (grid) and travelling at a ground speed of 434 knots (804 km/h).
Contact is lost
The Clipper Maid of the Seas' "squawk" then flickered off. Air Traffic Control tried to make contact with the flight, with no response. Where there should have been one radar echo on screen, there were five, fanning out. Comparison of the cockpit voice recorder to the radar returns showed that, eight seconds after the explosion, the wreckage had a 1-nautical-mile (1.9 km) spread. A British Airways pilot, flying the Glasgow–London shuttle near Carlisle, called Scottish authorities to report that he could see a huge fire on the ground; ATC screens were now full of returns moving eastward with the wind.
Disintegration of aircraft
The explosion punched a 20-inch (0.51 m)-wide hole on the left side of the fuselage, almost directly under the "P" in the "Pan Am" logo. Investigators from the U.S. Federal Aviation Administration (FAA) concluded that no emergency procedures had been started in the cockpit. Investigators from the Air Accidents Investigation Branch (AAIB) of the British Department for Transport concluded that the nose of the aircraft separated from the main section within three seconds of the explosion.
The cockpit voice recorder, located in the tail section of the aircraft, was found in a field by police searchers within 24 hours. There was no evidence of a distress signal; a 180-millisecond hissing noise could be heard as the explosion destroyed the aircraft's communications centre. Although the explosion was in the aircraft hold, the effect was magnified by the large difference in pressure between the aircraft's interior and exterior. Shock waves compounded as they traveled throughout the aircraft, knocking out the power.
The fuselage continued moving forward and down until it reached 19,000 ft (5,800 m), at which point its dive became nearly vertical.
As it descended, the fuselage broke into smaller pieces, with the section attached to the wings landing first (46.5 seconds after the explosion) in Sherwood Crescent, Lockerbie, where the 200,000 lb (91,000 kg) of kerosene contained inside ignited. The resultant fireball destroyed several houses.
Investigators were able to determine that both wings had landed in the crater after counting the number of large steel flap drive jackscrews that were later found there; there was no evidence of the wings found outside the crater itself. The British Geological Survey at nearby Eskdalemuir registered a seismic event measuring 1.6 on the Richter scale, which was attributed to the impact.
Another section of the fuselage landed about one half-mile northeast, where it slammed into a home in Park Place. The house was demolished, but the householder escaped.
|Trinidad and Tobago||1||0||0||1|
- Passengers and crew
All 243 passengers and 16 crew members were killed, as were eleven residents of Lockerbie. Of the 270 total fatalities, 189 were American citizens and 43 were British citizens. No more than 4 of the remaining 37 victims of the bombing came from any one of the 19 other countries. With 189 Americans killed, the bombing was the deadliest act of terror against the U.S. prior to 11 September 2001. Many of the passengers came from the states of New Jersey and New York.
The captain, first officer, flight engineer, a flight attendant, and a number of first-class passengers were found still strapped to their seats inside the nose section when it crashed in a field by a tiny church in the village of Tundergarth. The inquest heard that a flight attendant was found alive by a farmer's wife, but died before her discoverer could summon help. Two other passengers remained alive briefly after impact; medical authorities later concluded that one of these passengers might have survived if he had been found soon enough.
The flight deck crew was New York/JFK based, while the cabin crew was based at London Heathrow. Places of birth or nationality included: three from the USA, two from France, and one each from Sweden, West Germany, Spain, the Philippines, the United Kingdom, the Dominican Republic, Norway and Czechoslovakia. Many of these crewmembers had become naturalised US citizens while working for Pan Am. Some of them resided in the London area, while others commuted to Heathrow to report for their flight assignments from several European and US cities. Thirty-five of the passengers were students from Syracuse University returning home for Christmas following a semester studying in London at Syracuse's London campus.
- Notable passengers
Prominent among the passenger victims was the 50-year-old UN Commissioner for Namibia, Bernt Carlsson, who would have attended the signing ceremony of the New York Accords at the UN headquarters on 22 December 1988. Also aboard were: Volkswagen America CEO James Fuller and Volkswagen America Marketing Director Lou Marengo, who were returning from a meeting with Volkswagen executives in Germany; English musician Paul Jeffreys and his wife Rachel; poet and former girlfriend of musician Robert Fripp, Joanna Walton, credited with writing most of the lyrics on Fripp's 1979 album Exposure; Jonathan White, son of actor David White, who played Larry Tate on the sitcom Bewitched.
- U.S. government officials
There were at least four U.S. government officials on the passenger list with rumours, never confirmed, of a fifth on board. The presence of these men on the flight later gave rise to a number of conspiracy theories, in which one or more of them were said to have been targeted.
Matthew Gannon, the CIA's deputy station chief in Beirut, Lebanon, was sitting in Clipper Class, Pan Am's version of business class, seat 14J. Major Chuck "Tiny" McKee, an army officer on secondment to the Defense Intelligence Agency (DIA) in Beirut, sat behind Gannon in the centre aisle, in seat 15F. Two Diplomatic Security Service special agents, acting as bodyguards to Gannon and McKee, were sitting in economy: Ronald Lariviere, a security officer from the U.S. Embassy in Beirut, was in 20H; Daniel O'Connor, a security officer from the U.S. Embassy in Nicosia, Cyprus, sat five rows behind Lariviere in 25H, both men seated over the right wing. The four men had flown together out of Cyprus that morning.
- Lockerbie residents
11 Lockerbie residents were killed on the ground when the wing section hit 13 Sherwood Crescent at more than 800 km/h (500 mph) and exploded, creating a crater 47 m (154 ft) long and with a volume of 560 m3 (730 cu yd), vaporizing the house and its occupants, Dora and Maurice Henry. Several other houses and their foundations were completely destroyed, and 21 others were damaged so badly they had to be demolished. Four members of one family, Jack and Rosalind Somerville and their children Paul, 13, and Lyndsey, 10, died when their house at 15 Sherwood Crescent exploded.
Kathleen Flannigan, 41, her husband Thomas, 44, and their daughter Joanne, 10, were killed by the explosion in their house at 16 Sherwood Crescent. Their son Steven, 14, saw the fireball engulf his home from a neighbour's garage, where he had gone to repair his sister's bicycle.
The fireball rose above the houses and moved toward the nearby Glasgow–Carlisle A74 dual carriageway, scorching cars in the southbound lanes and leading motorists and local residents to believe that there had been a meltdown at the nearby Chapelcross nuclear power station. Father Patrick Keegans, Lockerbie's Roman Catholic priest, was preparing to visit his neighbours at approximately 7 pm that evening, when the plane destroyed their home; there was nothing left of their bodies to bury. Keegans' house at 1 Sherwood Crescent was the only one that was neither destroyed by the impact nor gutted by fire.
Despite being advised by their governments not to travel to Lockerbie, many of the passengers' relatives, most of them from the US, arrived there within days to identify their loved ones. Volunteers from Lockerbie set up and manned canteens, which stayed open 24 hours a day and offered relatives, soldiers, police officers, and social workers free sandwiches, hot meals, coffee, and someone to talk to. The people of the town washed, dried, and ironed every piece of clothing that was found once the police had determined they were of no forensic value, so that as many items as possible could be returned to the relatives. The BBC's Scottish correspondent, Andrew Cassell, reported on the 10th anniversary of the bombing that the townspeople had "opened their homes and hearts" to the relatives, bearing their own losses "stoically and with enormous dignity", and that the bonds forged then continue to this day.
People booked who did not board
There were several people who were supposed to board Pan Am Flight 103 but arrived too late to do so, escaping the fate of those on board.
The Lucky Baby
Sony Mitchell was one of the youngest passengers who missed the flight. His father had purchased a watch at the Duty Free shop, and it took longer than expected to fit the band, which caused them both to miss the flight and escape death.
- The potential "271st victim"
Jaswant Basuta, a 47-year-old auto mechanic of Indian nationality, had checked in for Pan Am Flight 103, but arrived at the boarding gate too late. Having attended a family wedding in Belfast, he was returning to New York to start a new job. Friends and relatives from nearby Southall came to see him off at the airport terminal, and bought him drinks in the upstairs bar. When "gate closing" flashed on the departure screen, he hurried through security and sprinted to the gate, but the room was empty except for Pan Am ground staff who denied him access to the aircraft.
Basuta was initially considered a suspect, as his checked baggage had been on the flight without him. After questioning at a Heathrow police station, he was released without charge. Twenty years later, in an interview with the BBC, he talked about his narrow escape from death: "I should have been the 271st victim and I still feel terrible for all the other people who died."
- South African foreign minister
The South African foreign minister Pik Botha and a minor delegation of 22 were supposed to board Pan Am 103, but took the earlier Pan Am 101 flight instead. They were on their way to New York to sign the tripartite agreement, whereby South Africa agreed to hand control of Namibia to the United Nations. Bernt Carlsson, the UN commissioner appointed to take over, was among the victims of Flight 103 as mentioned above.
- Air Force Wife
Mary Beth Kelleher and her two small children, Elizabeth and Matthew, were headed back to the states to spend Christmas with her family, but a change of plans kept her from flying that day.
The R&B singing group The Four Tops had been scheduled to board Pan Am Flight 103 to return to the United States for Christmas after completing their European tour, but were late getting out of a recording session and overslept.
Cara-Lyn Lappen was a student traveling home from Africa. She was detained in Somalia while trying to board a plane and missed her connection on Pan Am flight 103.
Punk rock musician John Lydon (Johnny Rotten) of the Sex Pistols and Public Image Ltd. and his wife, Nora, were also booked on Pan Am Flight 103, but missed it due to delays.
The No. 1 world tennis player in 1988, Mats Wilander, had made a reservation but did not take a seat on the flight.
The actress Kim Cattrall was also booked on the flight but changed her reservation shortly beforehand in order to complete some last-minute gift shopping in London.
Music producer Ed Stasium and recording engineer Paul Hamingson had planned to be on the flight, but were delayed due to a recording session with the rock band "The Muscle Shoal" at Comforts Place Studio in Lingfield, Surrey. They departed from Heathrow the following day on a different Pan Am flight.
A number of alerts were released shortly before the bombing.
- Helsinki warning
On 5 December 1988 (16 days prior to the attack), the Federal Aviation Administration (FAA) issued a security bulletin saying that, on that day, a man with an Arabic accent had telephoned the U.S. Embassy in Helsinki, Finland, and told them that a Pan Am flight from Frankfurt to the United States would be blown up within the next two weeks by someone associated with the Abu Nidal Organization; he said a Finnish woman would carry the bomb on board as an unwitting courier.
The anonymous warning was taken seriously by the U.S. government, and the State Department cabled the bulletin to dozens of embassies. The FAA sent it to all U.S. carriers, including Pan Am, which had charged each of the passengers a $5 security surcharge, promising a "program that will screen passengers, employees, airport facilities, baggage and aircraft with unrelenting thoroughness"; the security team in Frankfurt found the warning under a pile of papers on a desk the day after the bombing. One of the Frankfurt security screeners, whose job was to spot explosive devices under X-ray, told ABC News that she had first learned what Semtex (a plastic explosive) was during her ABC interview 11 months after the bombing.
On 13 December, the warning was posted on bulletin boards in the U.S. Embassy in Moscow and eventually distributed to the entire American community there, including journalists and businessmen. As a result, a number of people allegedly booked flights with carriers other than Pan Am, leaving empty seats on PA103 that were later sold cheaply in " bucket shops".
- PLO warning
Just days before the sabotage of the aircraft, security forces in a number of European countries, including Britain, were put on alert after a warning from the Palestine Liberation Organization (PLO) that extremists might launch terrorist attacks to undermine the then ongoing dialogue between the United States and the PLO.
Claims of responsibility
According to a CIA analysis dated 22 December 1988, several groups were quick to claim responsibility in telephone calls in the United States and Europe:
- A male caller claimed that a group called the Guardians of the Islamic Revolution had destroyed the plane in retaliation for Iran Air Flight 655 being shot down by U.S. forces in the Persian Gulf the previous July.
- A caller claiming to represent the Islamic Jihad Organization told ABC News in New York that the group had planted the bomb to commemorate Christmas.
- Other callers claimed responsibility for the " Ulster Defense League" and Mossad.
The list's author noted, "We consider the claims from the Guardians of the Islamic Revolution as the most credible one received so far," but the analysis concluded, "We cannot assign responsibility for this tragedy to any terrorist group at this time. We anticipate that, as often happens, many groups will seek to claim credit."
Muammar Gaddafi admitted Libya's responsibility for the Lockerbie bombing and paid compensation to the victims' families in 2003, though he maintained that he never personally gave the order for the attack. On 22 February 2011, during the Libyan civil war, former Minister of Justice Mustafa Abdul Jalil stated in an interview with the Swedish newspaper Expressen that Muammar Gaddafi had personally ordered the bombing. Jalil claimed to possess "documents that prove [his allegations] and [that he is] ready to hand them over to the international criminal court."
Gérard de Villiers claims that Gaddafi was persuaded by Iran to accept the blame but that Iran was responsible for the bombing.
The initial investigation into the crash site by Dumfries and Galloway Constabulary involved many helicopter surveys, satellite imaging, and a search of the area by police and soldiers. More than 10,000 pieces of debris were retrieved, tagged and entered into a computer tracking system. The perpetrators had apparently intended the plane to crash into the sea, destroying any traceable evidence, but the late departure time of the aircraft meant that its explosion over land left a veritable trail of evidence.
The fuselage of the aircraft was reconstructed by air accident investigators, revealing a 20-inch (510 mm) hole consistent with an explosion in the forward cargo hold. Examination of the baggage containers revealed that the container nearest the hole had blackening, pitting, and severe damage, indicating a "high-energy event" had taken place inside it. A series of test explosions were carried out to confirm the precise location and quantity of explosive used.
Fragments of a Samsonite suitcase believed to have contained the bomb were recovered, together with parts and pieces of circuit board identified as components of a Toshiba Bombeat radio cassette player, similar to that used to conceal a Semtex bomb seized by West German police from the Palestinian militant group Popular Front for the Liberation of Palestine - General Command two months earlier. Items of baby clothing, which were subsequently proven to have been made in Malta, were also thought to have come from the same suitcase.
The clothes were traced to a Maltese merchant, Tony Gauci, who became a key prosecution witness, testifying that he sold the clothes to a man of Libyan appearance. Gauci was interviewed 23 times, giving contradictory evidence about who had bought the clothes, that person's age, appearance and the date of purchase but later identified Abdelbaset al-Megrahi. As Megrahi had only been in Malta on 7 December, that date was assumed to be the purchase date. This date is in doubt as Gauci had testified that Malta's Christmas lights had not been on when the clothes had been purchased, and it has since been found they had been switched on 6 December. Scottish police had also failed to inform the defence that another witness had testified seeing Libyan men making a similar purchase on a different day. An official report, providing information not made available to the defence during the original trial, stated that, on 19 April 1999, four days before identifying al-Megrahi for the first time, Gauci had seen a picture of al-Megrahi in a magazine which connected him to the bombing, a fact which could have distorted his judgment. Gauci was shown the same magazine during his testimony at al-Megrahi's trial and asked if he had identified the photograph in April 1999 as being the person who purchased the clothing; he was then asked if that person was in the court. Gauci then identified al-Megrahi for the court stating – "He is the man on this side. He resembles him a lot".
A circuit board fragment, allegedly found embedded in a piece of charred material, was identified as part of an electronic timer similar to one found on a Libyan intelligence agent who had been arrested 10 months previously for carrying materials for a Semtex bomb. The timer was allegedly traced through its Swiss manufacturer, Mebo, to the Libyan military, and Mebo employee Ulrich Lumpert identified the fragment at al-Megrahi's trial. Mebo's owner, Edwin Bollier, testified at the trial that the Scottish police had originally shown him a fragment of a brown 8-ply circuit board from a prototype timer which had never been supplied to Libya. Yet the sample he was asked to identify at the trial was a green 9-ply circuit board that Mebo had indeed supplied to Libya. Bollier wanted to pursue this discrepancy, but was told by trial judge Lord Sutherland that he could not do so. Bollier later revealed that in 1991 he had declined an offer of $4 million from the FBI to testify that the fragment was part of a Mebo MST-13 timer supplied to Libya. On 18 July 2007, Ulrich Lumpert admitted he had lied at the trial. In a sworn affidavit before a Zurich notary public, Lumpert stated that he had stolen a prototype MST-13 printed circuit board from Mebo and gave it without permission on 22 June 1989, to "an official person investigating the Lockerbie case". Dr Hans Köchler, a UN observer at the Lockerbie trial who received a copy of Lumpert's affidavit, said: "The Scottish authorities are now obliged to investigate this situation. Not only has Mr Lumpert admitted to stealing a sample of the timer, but to the fact he gave it to an official and then lied in court." Traces of high explosives RDX and pentaerythritol tetranitrate (PETN) were found in close proximity to the explosion.
A documentary entitled " Lockerbie Revisited" aired on 27 April 2009, in which the film's director and narrator, Gideon Levy, interviewed officials involved with the case. Former FBI Laboratory scientist Fred Whitehurst described the FBI laboratory itself as a "crime scene," where an unqualified colleague Thomas Thurman would routinely alter his scientific reports. The interviews also revealed that the timer fragment had never been tested for explosives residue due to "budgetary reasons." Thurman, who led the forensic investigation and identified the fragment's Libyan connection, confirmed that it was the "only real piece of evidence against Libya". When asked about the importance of the timer in the conviction of al-Megrahi, FBI Task Force Chief Richard Marquise stated, "It would be a very difficult case to prove ... I don't think we would ever (have) had an indictment".
Investigators discovered that a bag had been routed onto PA103 via the interline baggage system at Frankfurt, from the station and approximate time at which bags were unloaded from flight KM180 from Malta. Although documentation for flight KM180 indicated that all bags on that flight were accounted for, the court inferred that the bag came from that flight and that it contained the bomb. In 2009, it was revealed that security guard Ray Manley had reported that Heathrow's Pan Am baggage area had been broken into 17 hours before flight 103 took off. Police lost the report and it was never investigated or brought up at trial.
Known as the Lockerbie bombing and the Lockerbie air disaster in the UK, it was described by Scotland's Lord Advocate as the UK's largest criminal inquiry led by the smallest police force in Britain, Dumfries and Galloway Constabulary.
After a three-year joint investigation by Dumfries and Galloway Constabulary and the U.S. Federal Bureau of Investigation, during which 15,000 witness statements were taken, indictments for murder were issued on 13 November 1991 against Abdelbaset al-Megrahi, a Libyan intelligence officer and the head of security for Libyan Arab Airlines (LAA), and Lamin Khalifah Fhimah, the LAA station manager in Luqa Airport, Malta. UN sanctions against Libya and protracted negotiations with Libyan leader Colonel Muammar Gaddafi secured the handover of the accused on 5 April 1999 to Scottish police at Camp Zeist, Netherlands, which was selected as a neutral venue for their trial.
Both accused persons chose not to give evidence in court. On 31 January 2001, Megrahi was convicted of murder by a panel of three Scottish judges and sentenced to life imprisonment, but Fhimah was acquitted. Megrahi's appeal against his conviction was refused on 14 March 2002, and his application to the European Court of Human Rights was declared inadmissible in July 2003. On 23 September 2003, Megrahi applied to the Scottish Criminal Cases Review Commission (SCCRC) for his conviction to be reviewed, and on 28 June 2007 the SCCRC announced its decision to refer the case to the Court of Criminal Appeal in Edinburgh after it found he "may have suffered a miscarriage of justice".
Megrahi served just over 8½ years of his sentence in Greenock Prison, throughout which time he maintained that he was innocent of the charges against him. He was released from prison on compassionate grounds on 20 August 2009.
Trial, appeals and release
On 3 May 2000, the trial of Abdelbaset al-Megrahi and Lamin Khalifah Fhimah began. Megrahi was convicted of murder on 31 January 2001, and was sentenced to life imprisonment in Scotland; his co-defendant, Fhimah, was found not guilty.,
The Lockerbie judgment stated: "From the evidence which we have discussed so far, we are satisfied that it has been proved that the primary suitcase containing the explosive device was dispatched from Malta, passed through Frankfurt and was loaded onto PA103 at Heathrow. It is, as we have said, clear that, with one exception the clothing in the primary suitcase was the clothing purchased in Mr Gauci’s shop on 7 December 1988. The purchaser was, on Mr Gauci’s evidence, a Libyan. The trigger for the explosion was an MST-13 timer of the single solder mask variety. A substantial quantity of such timers had been supplied to Libya. We cannot say that it is impossible that the clothing might have been taken from Malta, united somewhere with a timer from some source other than Libya and introduced into the airline baggage system at Frankfurt or Heathrow. When, however, the evidence regarding the clothing, the purchaser and the timer is taken with the evidence that an unaccompanied bag was taken from KM180 to PA103A, the inference that that was the primary suitcase becomes, in our view, irresistible. As we have also said, the absence of an explanation as to how the suitcase was taken into the system at Luqa is a major difficulty for the Crown case, but after taking full account of that difficulty, we remain of the view that the primary suitcase began its journey at Luqa. The clear inference which we draw from this evidence is that the conception, planning and execution of the plot which led to the planting of the explosive device was of Libyan origin. While no doubt organisations such as the PFLP-GC and the PPSF were also engaged in terrorist activities during the same period, we are satisfied that there was no evidence from which we could infer that they were involved in this particular act of terrorism, and the evidence relating to their activities does not create a reasonable doubt in our minds about the Libyan origin of this crime."
The defence team had 14 days in which to appeal against Megrahi's conviction, and an additional six weeks to submit the full grounds of the appeal. These were considered by a judge sitting in private who decided to grant Megrahi leave to appeal. The only basis for an appeal under Scot law is that there has been a " miscarriage of justice," which is not defined in statute and so it is for the appeal court to determine the meaning of these words in each case. Because three judges and one alternate judge had presided over the trial, five judges were required to preside over the Court of Criminal Appeal:
- Lord Cullen, Lord Justice-General
- Lord Kirkwood
- Lord Osborne
- Lord Macfadyen and
- Lord Nimmo Smith
In what was described as a milestone in Scottish legal history, Lord Cullen granted the BBC permission in January 2002 to televise the appeal, and to broadcast it on the Internet in English with a simultaneous Arabic translation.
William Taylor QC, leading the defence, said at the appeal's opening on 23 January 2002 that the three trial judges sitting without a jury had failed to see the relevance of "significant" evidence and had accepted unreliable facts. He argued that the verdict was not one that a reasonable jury in an ordinary trial could have reached if it were given proper directions by the judge. The grounds of the appeal rested on two areas of evidence where the defence claimed the original court was mistaken: the evidence of Maltese shopkeeper, Tony Gauci, which the judges accepted as sufficient to prove that the "primary suitcase" started its journey in Malta; and, disputing the prosecution's case, fresh evidence would be adduced to show that the bomb's journey actually started at Heathrow. That evidence, which was not heard at the trial, showed that at some time in the two hours before 00:35 on 21 December 1988 a padlock had been forced on a secure door giving access airside in Terminal 3 of Heathrow airport, near to the area referred to at the trial as the "baggage build-up area". Taylor claimed that the PA 103 bomb could have been planted then.
On 14 March 2002 it took Lord Cullen less than three minutes to deliver the decision of the High Court of Justiciary. The five judges rejected the appeal, ruling unanimously that "none of the grounds of appeal was well-founded", adding "this brings proceedings to an end". The following day, a helicopter took Megrahi from Camp Zeist to continue his life sentence in Barlinnie Prison, Glasgow.
Megrahi's lawyers applied to the Scottish Criminal Cases Review Commission (SCCRC) on 23 September 2003 to have his case referred back to the Court of Criminal Appeal for a fresh appeal against conviction. The application to the SCCRC followed the publication of two reports in February 2001 and March 2002 by Hans Köchler, who had been an international observer at Camp Zeist, Netherlands appointed by the Secretary-General of the United Nations. Köchler described the decisions of the trial and appeal courts as a "spectacular miscarriage of justice". Köchler also issued a series of statements in 2003, 2005, and 2007 calling for an independent international inquiry into the case and accusing the West of "double standards in criminal justice" in relation to the Lockerbie trial on the one hand and the HIV trial in Libya on the other.
On 28 June 2007 the SCCRC announced its decision to refer Megrahi's case to the High Court for a second appeal against conviction. The SCCRC's decision was based on facts set out in an 800-page report that determined that "a miscarriage of justice may have occurred". Köchler criticised the SCCRC for exonerating police, prosecutors and forensic staff from blame in respect of Megrahi's alleged wrongful conviction. He told The Herald of 29 June 2007: "No officials to be blamed, simply a Maltese shopkeeper." Köchler also highlighted the role of intelligence services in the trial and stated that proper judicial proceedings could not be conducted under conditions in which extrajudicial forces are allowed to intervene.
- Second appeal
A procedural hearing at the Appeal Court took place on 11 October 2007 when prosecution lawyers and Megrahi's defence counsel, Maggie Scott QC, discussed a number of legal issues with a panel of three judges. One of the issues concerned a number of documents that were shown before the trial to the prosecution, but were not disclosed to the defence. The documents are understood to relate to the Mebo MST-13 timer that allegedly detonated the PA103 bomb. Maggie Scott also asked for documents relating to an alleged payment of $2 million made to Maltese merchant, Tony Gauci, for his testimony at the trial, which led to the conviction of Megrahi.
On 15 October 2008, five Scottish judges decided unanimously to reject a submission by the Crown Office which sought to limit the scope of Megrahi's second appeal to the specific grounds of appeal that were identified by the SCCRC in June 2007. In January 2009, it was reported that, although Megrahi's second appeal against conviction was scheduled to begin in April 2009, the hearing could last as long as 12 months because of the complexity of the case and volume of material to be examined. The second appeal began on 28 April 2009, lasted for one month and was adjourned in May 2009. On 7 July 2009, the court reassembled for a procedural hearing and was told that because of the illness of one of the judges, Lord Wheatley, who was recovering from heart surgery, the final two substantive appeal sessions would run from 2 November to 11 December 2009, and 12 January to 26 February 2010. Megrahi's lawyer Maggie Scott expressed dismay at the delays: "There is a very serious danger that my client will die before the case is determined."
- Compassionate release and controversy
On 25 July 2009, Megrahi applied to be released from jail on compassionate grounds. Three weeks later, on 12 August 2009, Megrahi applied to have his second appeal dropped and was reported to have been granted compassionate release on the basis that he had terminal prostate cancer. On 20 August 2009, Megrahi was released from prison and travelled by chartered jet to Libya the same day. His survival beyond the approximate "three month" prognosis generated some controversy. It is believed that following his release, Al-Megrahi was prescribed abiraterone and prednisone, a combination that extends median survival by an average of 14.8 months. After hospital treatment ended, he returned to his family home. Following his release, Megrahi has published evidence on the Internet that was gathered for the abandoned second appeal which he claims will clear his name.
Allegations have been made that the UK government and BP sought Al-Megrahi’s release as part of a trade deal with Libya. In 2008, the British government “decided to ‘do all it could’ to help the Libyans get Al-Megrahi home … and explained the legal procedure for compassionate release to the Libyans.”
Megrahi was released on licence and was therefore obliged to remain in regular contact with the East Renfrewshire Council. On 26 August 2011, it was announced that the whereabouts of Al-Megrahi were unknown due to the social upheaval in Libya and that he had not been in contact for some time. However, it was reported on 29 August that he had been located and both the Scottish government and council issued a statement confirming that they had been in contact with his family and that his licence had not been breached. MP Andrew Mitchell said Al-Megrahi was comatose and near death. CNN reporter Nic Robertson said he was "just a shell of the man he once was" and was surviving on oxygen and an intravenous drip. In an interview on BBC Radio 5 Live, former US ambassador to the United Nations John Bolton called for Al-Megrahi to be extradited.
"To me it will be a signal of how serious the rebel government is for good relations with the United States and the West if they hand over Megrahi for trial."
Mohammed al-Alagi, justice minister for the new leadership in Tripoli, said "the council would not allow any Libyan to be deported to face trial in another country ... Abdelbaset al-Megrahi has already been judged once, and will not be judged again."
Megrahi died of prostate cancer in Libya on 20 May 2012. Scottish First Minister Alex Salmond said at the time that people should use the occasion to remember the Lockerbie victims.
Until 2003 Libya had never formally admitted carrying out the 1988 Lockerbie bombing. On 16 August 2003 Libya formally admitted responsibility (but did not admit guilt) for Pan Am Flight 103 in a letter presented to the president of the United Nations Security Council. Felicity Barringer of The New York Times said that the letter had "general language that lacked any expression of remorse" for the people killed in the bombing. The letter stated that it "accepted responsibility for the actions of its officials".
The motive that is generally attributed to Libya can be traced back to a series of military confrontations with the US Navy that took place in the 1980s in the Gulf of Sidra, the whole of which Libya claimed as its territorial waters. First, there was the Gulf of Sidra incident (1981) when two Libyan fighter aircraft were shot down. Then, two Libyan radio ships were sunk in the Gulf of Sidra. Later, on 23 March 1986 a Libyan Navy patrol boat was sunk in the Gulf of Sidra, followed by the sinking of another Libyan vessel on 25 March 1986. The Libyan leader, Muammar Gaddafi, was accused of retaliating for these sinkings by ordering the 5 April 1986 bombing of West Berlin nightclub, La Belle, that was frequented by U.S. soldiers and which killed three and injured 230.
The U.S. National Security Agency's (NSA) alleged interception of an incriminatory message from Libya to its embassy in East Berlin provided U.S. president Ronald Reagan with the justification for USAF warplanes to launch Operation El Dorado Canyon on 15 April 1986 from British bases —the first U.S. military strikes from Britain since World War II—against Tripoli and Benghazi in Libya. The Libyan government claimed the air strikes killed Hanna, a baby girl Gaddafi claimed he adopted (her reported age has varied between 15 months and seven years). To avenge his daughter's death, Gaddafi is said to have sponsored the September 1986 hijacking of Pan Am Flight 73 in Karachi, Pakistan.
The U.S. in turn encouraged and aided the Chadian National Armed Forces (FANT) by supplying satellite intelligence during the Battle of Maaten al-Sarra. The attack resulted in a devastating defeat for Gaddafi's forces, following which he had to accede to a ceasefire ending the Chadian-Libyan conflict and his dreams of African dominance. Gaddafi blamed the defeat on French and U.S. "aggression against Libya". The result was Gaddafi's lingering animosity against the two countries which led to Libyan support for the bombings of Pan Am Flight 103 and UTA Flight 772.
Compensation from Libya
On 29 May 2002, Libya offered up to US$2.7 billion to settle claims by the families of the 270 killed in the Lockerbie bombing, representing US$10 million per family. The Libyan offer was that:
- 40% of the money would be released when United Nations sanctions, suspended in 1999, were cancelled;
- another 40% when US trade sanctions were lifted; and
- the final 20% when the US State Department removed Libya from its list of states sponsoring terrorism.
Jim Kreindler of New York law firm Kreindler & Kreindler, which orchestrated the settlement, said:
"These are uncharted waters. It is the first time that any of the states designated as sponsors of terrorism have offered compensation to families of terror victims."
The US State Department maintained that it was not directly involved. "Some families want cash, others say it is blood money," said a State Department official.
Compensation for the families of the PA103 victims was among the steps set by the UN for lifting its sanctions against Libya. Other requirements included a formal denunciation of terrorism—which Libya said it had already made—and "accepting responsibility for the actions of its officials".
On 15 August 2003, Libya's UN ambassador, Ahmed Own, submitted a letter to the UN Security Council formally accepting "responsibility for the actions of its officials" in relation to the Lockerbie bombing. The Libyan government then proceeded to pay compensation to each family of US$8 million (from which legal fees of about US$2.5 million were deducted) and, as a result, the UN cancelled the sanctions that had been suspended four years earlier, and US trade sanctions were lifted. A further US$2 million would have gone to each family had the US State Department removed Libya from its list of states regarded as supporting international terrorism, but as this did not happen by the deadline set by Libya, the Libyan Central Bank withdrew the remaining US$540 million in April 2005 from the escrow account in Switzerland through which the earlier US$2.16 billion compensation for the victims' families had been paid. The United States announced resumption of full diplomatic relations with Libya after deciding to remove it from its list of countries that support terrorism on 15 May 2006.
On 24 February 2004, Libyan Prime Minister Shukri Ghanem stated in a BBC Radio 4 interview that his country had paid the compensation as the "price for peace" and to secure the lifting of sanctions. Asked if Libya did not accept guilt, he said, "I agree with that." He also said there was no evidence to link Libya with the April 1984 shooting of police officer Yvonne Fletcher outside the Libyan Embassy in London. Gaddafi later retracted Ghanem's comments, under pressure from Washington and London.
A civil action against Libya continued until 18 February 2005 on behalf of Pan Am and its insurers, which went bankrupt partly as a result of the attack. The airline was seeking $4.5 billion for the loss of the aircraft and the effect on the airline's business.
In the wake of the SCCRC's June 2007 decision, there have been suggestions that, if Megrahi's second appeal had been successful and his conviction had been overturned, Libya could have sought to recover the $2.16 billion compensation paid to the relatives. Interviewed by French newspaper Le Figaro on 7 December 2007, Saif al-Islam Gaddafi said that the seven Libyans convicted for the Pan Am Flight 103 and the UTA Flight 772 bombings "are innocent". When asked if Libya would therefore seek reimbursement of the compensation paid to the families of the victims (US..33 billion in total), Saif Gaddafi replied: "I don't know".
Following discussions in London in May 2008, US and Libyan officials agreed to start negotiations to resolve all outstanding bilateral compensation claims, including those relating to UTA Flight 772, the 1986 Berlin discotheque bombing and Pan Am Flight 103. On 14 August 2008, a US-Libya compensation deal was signed in Tripoli by US Assistant Secretary of State David Welch and Libya's Foreign Ministry head of America affairs, Ahmed al-Fatroui. The agreement covers 26 lawsuits filed by American citizens against Libya, and three by Libyan citizens in respect of the US bombing of Tripoli and Benghazi in April 1986 which killed at least 40 people and injured 220. 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;
- 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.
As a result, President Bush signed Executive Order 13477 restoring the Libyan government's immunity from terror-related lawsuits and dismissing all of the pending compensation cases in the US, the White House said. US State Department spokesman, Sean McCormack, called the move a "laudable milestone ... clearing the way for a continued and expanding US-Libyan partnership."
In an interview shown in BBC Two's The Conspiracy Files: Lockerbie on 31 August 2008, Saif Gaddafi said that Libya had admitted responsibility for the Lockerbie bombing simply to get trade sanctions removed. He went on to describe the families of the Lockerbie victims as very greedy: "They were asking for more money and more money and more money". Several of the victims families refused to accept compensation due to their belief that Libya was not responsible.
February 2011 In an interview with Swedish newspaper Expressen on 23 February 2011, Mustafa Abdul Jalil, former Justice Secretary of Libya, claimed to have evidence that Gaddafi personally ordered Al-Megrahi to carry out the bombing.
Quotes: "[Jalil] told Expressen Khadafy [sic] gave the order to Abdel Baset al-Megrahi, the only man convicted in the bombing of Pan Am Flight 103 over Lockerbie, Scotland, which killed all 259 people on board and 11 on the ground on 21 December 1988. 'To hide it, he (Khadafy) did everything in his power to get al-Megrahi back from Scotland,' Abdel-Jalil was quoted as saying."
Al Jalil's commentary to the Expressen came during widespread political unrest and protests in Libya calling for the removal of Ghaddafi from power. The protests were part of a massive wave of unprecedented uprisings across the Arab world in: Tunisia, Morocco, Bahrain and Egypt, where Egyptian protesters effectively forced the removal of long-term ruler, Hosni Mubarak, from office. Jalil's comments came on a day when Ghaddafi's defiance and refusal to leave his command prompted his brutal attacks on Libyan protesters.
Abdel-Jalil stepped down as minister of justice in protest over the violence against anti-government demonstrations.
- Contingency fees for lawyers
On 5 December 2003, Jim Kreindler revealed that his Park Avenue law firm would receive an initial contingency fee of around US$1 million from each of the 128 American families Kreindler represents. The firm's fees could exceed US$300 million eventually. Kreindler argued that the fees were justified, since "Over the past seven years we have had a dedicated team working tirelessly on this and we deserve the contingency fee we have worked so hard for, and I think we have provided the relatives with value for money."
Another top legal firm in the US, Speiser Krause, which represented 60 relatives, of whom half were UK families, concluded contingency deals securing them fees of between 28 and 35% of individual settlements. Frank Granito of Speiser Krause noted that "the rewards in the US are more substantial than anywhere else in the world but nobody has questioned the fee whilst the work has been going on, it is only now as we approach a resolution when the criticism comes your way."
In March 2009, it was announced that US lobbying firm, Quinn Gillespie & Associates, received fees of $2 million for the work it did from 2006 through 2008 helping the PA103 relatives obtain payment by Libya of the final $2 million compensation (out of a total of $10 million) that was due to each family.
Compensation from Pan Am
In 1992 a U.S. federal court found Pan Am guilty of wilful misconduct due to lax security screening. Alert Management Inc. and Pan American World Services, two subsidiaries of Pan Am, were also found guilty; Alert handled Pan Am's security at foreign airports.
Lockerbie inquiry demands
Prior to the abandonment of Megrahi's second appeal against conviction and while new evidence could be still tested in court, there had been few calls for an independent inquiry into the Lockerbie bombing. Demands for such an inquiry have increased since, and become more insistent. On 2 September 2009, former MEP Michael McGowan demanded that the British Government call for an urgent, independent inquiry led by the UN to find out the truth about Pan Am flight 103. "We owe it to the families of the victims of Lockerbie and the international community to identify those responsible," McGowan said. Two online petitions were started: one calling for a UK public inquiry into the Lockerbie bombing; the other a UN inquiry into the murder of UN Commissioner for Namibia, Bernt Carlsson, in the 1988 Lockerbie bombing. In September 2009, a third petition which was addressed to the President of the United Nations General Assembly demanded that the UN should "institute a full public inquiry" into the Lockerbie disaster. On 3 October 2009, Malta was asked to table a UN resolution supporting the petition, which was signed by 20 people including the families of the Lockerbie victims, authors, journalists, professors, politicians and parliamentarians, as well as Archbishop Desmond Tutu. The signatories considered that a UN inquiry could help remove "many of the deep misgivings which persist in lingering over this tragedy" and could also eliminate Malta from this terrorist act. Malta was brought into the case because the prosecution argued that the two accused Libyans, Abdelbaset al-Megrahi and Lamin Khalifah Fhimah, had placed the bomb on an Air Malta aircraft before it was transferred at Frankfurt airport to a feeder flight destined for London's Heathrow airport, from which Pan Am Flight 103 departed. The Maltese government responded saying that the demand for a UN inquiry was "an interesting development that would be deeply considered, although there were complex issues surrounding the event."
On 24 August 2009, Lockerbie campaigner Dr Jim Swire wrote to Prime Minister, Gordon Brown, calling for a full inquiry, including the question of suppression of the Heathrow evidence. This was backed up by a delegation of Lockerbie relatives, led by Pamela Dix, who went to 10 Downing Street on 24 October 2009 and handed over a letter addressed to Gordon Brown calling for a meeting with the Prime Minister to discuss the need for a public inquiry and the main issues that it should address. An op-ed article by Pamela Dix, subtitled "The families of those killed in the bombing have not given up hope of an inquiry to help us learn the lessons of this tragedy", was published in The Guardian on 26 October 2009. On 1 November 2009, it was reported that Gordon Brown had ruled out a public inquiry into Lockerbie, saying in response to Dr Swire's letter: "I understand your desire to understand the events surrounding the bombing of Pan Am flight 103 but I do not think it would be appropriate for the UK government to open an inquiry of this sort." UK ministers explained that it was for the Scottish government to decide if it wants to hold its own, more limited, inquiry into the worst terrorist attack on British soil. The Holyrood government had already rejected an independent inquiry, saying it lacks the constitutional power to examine the international dimensions of the case.
Concluding his extensive reply dated 27 October 2009 to the Prime Minister, Dr Swire said: "You have now received a much more comprehensive letter requesting a full inquiry from our group 'UK Families-Flight 103'. I am one of the signatories. I hope that the contents of this letter underline some of the reasons as to why I cannot possibly accept that any inquiry should be limited to Scotland, and I apologise if my previous personal letter of 24 August misled you over the main focus that the inquiry will need to address. That focus lies in London and at the door of the then inhabitant of Number 10 Downing Street. I look forward to hearing your comments both to our group's letter and to the contents of this one."
Memorials and tributes
There are a number of private and public memorials to the PA103 victims. Dark Elegy is the work of sculptor Susan Lowenstein of Long Island, whose son Alexander, then 21, was a passenger on the flight. The work consists of 43 nude statues of the wives and mothers who lost a husband or a child. Inside each sculpture there is a personal memento of the victim.
On 3 November 1995, the then US President Bill Clinton dedicated a Memorial Cairn to the victims at Arlington National Cemetery , and there are similar memorials at Syracuse University; Dryfesdale Cemetery, near Lockerbie; and in Sherwood Crescent, Lockerbie.
Syracuse University holds a memorial week every year called "Remembrance Week" to commemorate its 35 lost students. Every 21 December, a service is held in the university's chapel at 14:03 (19:03 UTC), marking the moment the aircraft exploded. The university also awards university tuition fees to two students from Lockerbie Academy each year, in the form of its Lockerbie scholarship. In addition, the university annually awards 35 scholarships to seniors to honour each of the 35 students killed. The Remembrance Scholarships are among the highest honours a Syracuse undergraduate can receive. SUNY Oswego also gives out scholarships in memorial of Colleen Brunner to a student who is studying abroad. A local sorority at SUNY Oswego also gives out an award every spring to a Junior who best represents the way Colleen was because she is a sister of Alpha Sigma Chi. Hamburg High School, her alma mater, also gives out a scholarship to a deserving senior. There is also a children's playground in a New York elementary school donated by the family of one of the victims.
Camp Dudley, YMCA in Westport, New York, has a bridge on its campus dedicated to its alumni who perished in the attack.
Arlington National Cemetery, Arlington, VA: "The Lockerbie Cairn, through its 270 blocks of red Scottish sandstone, memorializes the 270 lives.... Senate Joint Resolution 129 designating Arlington National Cemetery as the site of the Cairn was unanimously passed by Congress and signed into law by President Clinton in November 1993. A groundbreaking ceremony was held Dec. 21, 1993, the fifth anniversary of the disaster, and the cairn was dedicated on Nov. 3, 1995. A cairn, the traditional Scottish monument honoring the dead, can be an informal heap of stones or may take a more orderly construction. In this instance, the 270 stones fit together to form a circular tower eight feet wide at the base and tapering to a height of eleven feet. The blocks of standstone come from Corsehill Quarry of Annan, Scotland, about eight miles southeast of Lockerbie and in the flight path of Flight 103. Corsehill Quarry, operating since 1820, has acquired a world-wide reputation for producing sandstone of superb quality. Stones from this quarry are used in many buildings in the United States, most notably, the base of the Statue of Liberty."
The main UK memorial is at Dryfesdale Cemetery about a mile west of Lockerbie. There is a semicircular stone wall in the garden of remembrance with the names and nationalities of all the victims along with individual funeral stones and memorials. Inside the chapel at Dryfesdale there is a book of remembrance. There are memorials in Lockerbie and Moffat Roman Catholic churches, where plaques list the names of all 270 victims. In Lockerbie Town Hall Council Chambers, there is a stained-glass window depicting flags of the 21 different countries whose citizens lost their lives in the disaster. There is also a book of remembrance at Lockerbie public library and another at Tundergarth Church.
22 people representing the local community in Lockerbie, voluntary organisations and the public services received Honours in recognition of their efforts the wake of the disaster in the New Year's Honours list of December 1989.
- Benefit game
A charity football match was arranged for the benefit of the disaster appeal fund. The game took place at Palmerston Park, the ground of Queen of the South, the nearest senior football club to Lockerbie, based 12 miles (19 km) away in Dumfries. Opposition was provided by Manchester United and managed by Alex Ferguson. The game took place on 1 March 1989. QoS had a number of guest players in their side as reflected in the their scorers including goals by Roy Aitken and Fraser Wishart. Mark McGhee was another guest player for Queens. The final score was 6–3 to Manchester United and is the only time the two clubs have played against each other.
Wreckage in scrapyard
The remaining wreckage of the Boeing jumbo jet is stored about a mile from Tattershall, Lincolnshire, at Roger Windley's scrapyard, pending the conclusion of the American victims' civil case. () The remains include the nose section of the Boeing 747, which is largely intact but was cut into several pieces to assist in removal from Tundergarth Hill.