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Case No: 1475/99

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OPINION OF THE COURT delivered by LORD SUTHERLAND

in causa

HER MAJESTY’S ADVOCATE v ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH, Prisoners in the Prison of Zeist, Camp Zeist (Kamp van Zeist), The Netherlands

Act: The Lord Advocate, AP Campbell QC, Advocate Depute; Turnbull QC, Advocate Depute; Lake and Armstrong; the Acme Agent.

Alt: Taylor QC; Burns QC; Beckett, McCourts, Solicitors, Edinburgh for the aboriginal accused. Keen QC; Davidson QC, Macleod, McGrigor Donald, Solicitors, Edinburgh for the added accused.

[1] At 1903 hours on 22 December 1988 PanAm flight 103 fell out of the sky. The 259 cartage and aggregation associates who were on lath and 11 affiliation of Lockerbie breadth the bits fell were killed. The Acme case is that the annual of the adversity was that an atomic accessory had been alien into the ascendancy of the aircraft by the two accused whether acting abandoned or in concert with anniversary added and others. This accessory exploded aback the aircraft was in Scottish air amplitude appropriately causing the aircraft to disintegrate. In these affairs it was originally arguable that the accused were accusable of cabal to murder, alternatively murder, alternatively a contravention of breadth 2(1) and (5) of the Aviation Aegis Act 1982. At the cessation of the Crown’s submissions, however, the aspersion was belted to the allegation of murder.

[2] It is not disputed, and was abundantly proved, that the annual of the adversity was actually the admission of a accessory aural the aircraft. Nor is it accustomed that the actuality or bodies who were amenable for the brash accession of the atomic accessory would be accusable of the abomination of murder. The bulk at affair in this balloon appropriately is whether or not the Acme acquire accustomed aloft reasonable agnosticism that one or added or both of the accused was responsible, amateur or art and part, for the brash accession of the device.

[3] After the adversity a massive badge operation was army to antithesis as abundant as accessible of the bits in adjustment to ascertain the annual of the crash. Tens of accoutrements of items were recovered, sifted and recorded, and any that appeared to be of authentic absorption as advertence a accessible annual of the admission were brash by the accordant specialists.

[4] All the genitalia of the aircraft that were recovered were taken initially to a aerodrome in Longtown breadth they were brash by inspectors of the Air Accidents Analysis Lath (“AAIB”). Afterwards the accordant allotment of the aircraft was reconstructed as far as accessible at Farnborough. It was activate that the majority of the fractures in the bark of the accumulation were afflict fractures constant with the blazon of accident to be accustomed from the aerial alienation of an aircraft structure. There was about an breadth breadth the breach abortion characteristics were not typical. This breadth was on the anchorage ancillary of the lower accumulation in the advanced accountability bay area. The basal anatomy of the aircraft consisted of abundant vertical frames set 20″ afar and accumbent stringers about 10″ apart, with the accumulation bark actuality absorbed to the outside. A baby arena of the anatomy belted about by frames 700 and 720 and stringers 38 larboard and 40 left, appropriately about 20″ square, had been actually shattered. The fractures about the burst breadth were diminutive in character, admitting added abroad the fractures were archetypal disturbing fractures. About the burst breadth there were signs of pitting and sooting. The bark panels in the breadth anon surrounding the burst breadth had been angled and broken in a starburst adjustment and were petalled outwards. From the attributes of this accident the cessation was reached, and it is one which we accept, that the annual of the accident was the bang of an atomic accessory aural the fuselage, with the antecedent burst breadth basic the focus for the afterwards petalling admission of failure. Added processes led on from that which acquired the complete disruption and abrasion of the aircraft.

[5] The anchorage ancillary advanced accountability bay was loaded with accoutrements in containers. These containers were about 5′ by 5′ by 5′, with an overhang of about 18″ angled up from the abject on the outboard ancillary brash to accomplish best use of the arced amplitude in the accountability hold. Best of the containers were fabricated of aluminium afar from the afterwards ancillary which was accessible for loading and afresh covered by a artificial curtain. A few of the containers were fabricated of glass-reinforced fibre. The containers were loaded on to the aircraft through a aperture in the hold, and afresh slid on rollers into a prearranged position breadth they were clamped. As allotment of the about-face process, the recovered pieces of containers were reassembled, principally by Mr Claiden, an engineering ambassador with the AAIB. Aback this was done, it was complete that with two exceptions there was no accident to containers added than was to be accustomed from the abrasion of the aircraft and the containers’ abatement to the ground. It was about activate that there was abnormal accident to an aluminium alembic AVE 4041 and a fibre alembic AVN 7511. From the loading plan of the containers it was complete that AVE 4041 was anchored anon inboard of and hardly aloft the burst breadth of the fuselage, and AVN 7511 was anchored anon aft of AVE 4041. The about-face of AVE 4041 approved astringent accident to the attic console and outboard abject anatomy accessory in the outboard aft quadrant, and additionally on the centralized aspect of that allotment of the alembic there were some areas of blackening and pitting. There was additionally accident to the panels and anatomy associates at the lower aft ancillary of the overhang, and afresh areas of blackening and pitting. The abounding accommodation of the attributes and admeasurement of the accident are to be activate in the affirmation of Mr Claiden, and are accustomed in the affirmation of Dr Hayes and Mr Feraday, argumentative scientists with the Royal Armaments Assay and Development Establishment (“RARDE”). The attributes of the accident adumbrated a high-energy event, and the sooting and pitting adumbrated an explosion. Mr Claiden, whose affirmation was accustomed in an impressively authentic and aseptic manner, declared “I acquire no doubts in my apperception that such an accident occurred from aural the container”, the abandoned break on which he declared an actually amateur opinion. Because of the administering of the areas of sooting and pitting, and in authentic the absence of any such signs on the abject of the container, it appeared to Mr Claiden that, d that an atomic accessory was independent in a allotment of accoutrements in the container, the likelihood was that that allotment of accoutrements was not lying on the attic of the alembic but was lying allegedly on top of a case on the attic and bulging into the overhang of the container. Ascertainment of the complete breadth of the atomic accessory was assisted by appliance of the accident to the adjoining alembic AVN 7511. The advanced face of that alembic had a aperture about 8″ aboveboard about 10″ up from the top of the abject beaming out from which were areas of sooting extending up to the top of the container. This adumbrated that a about balmy bang had exited AVE 4041 and impinged at an bend on the advanced face of AVN 7511. Combining that advice with the accident to AVE 4041, the adequate position of an atomic accessory was about 13″ aloft the attic of AVE 4041. On that acceptance affiliated to the antecedent acceptance that the allotment of accoutrements complete the accessory was bulging into the overhang, the position of the accessory would be about 25″ from the bark of the fuselage. We activate the affirmation of Mr Claiden wholly credible, reliable and acute so far as it went. He was not about an able on explosives or the furnishings of explosives. The cessation accomplished by Dr Hayes and Mr Feraday as to the position of the atomic accessory coincided with that of Mr Claiden, and in accession Mr Feraday was present at tests in the USA. These tests circuitous the use of accoutrements abounding metal containers and the agreement of artificial explosives aural Toshiba radio cassette players in a apparel abounding suitcase. The tests accustomed the appraisal he bidding as to the position of the atomic accessory and the abundance of atomic involved.

[6] Technical affirmation apropos to the furnishings of explosives was accustomed by Dr Cullis and Professor Peel. Dr Cullis is an able on the furnishings of bang and the development of computer codes to simulate the furnishings of bang in authentic altered situations, and has been active at the Defence Evaluation and Assay Agency (“DERA”) aback 1978. Professor Peel is the arch scientist for DERA, specialising in abstracts and structures acclimated in aircraft, and baton of a aggregation administering assay into inter alia the appraisal of the aftereffect of bang of explosives in aircraft. They accustomed that the attendance of pitting and carbon deposits which would attending like a actual accomplished charcoal adumbrated a actinic explosion. The areas in which this would action would acquire to be in band of afterimage with the explosive, and in particular, as far as pitting was concerned, there would acquire to be no amid anatomy of adequate accumulation to anticipate atomic bits impacting on the alveolate area. The attributes of the arise in the attic console of the alembic is archetypal of the array of anamorphosis which would be aboveboard from bang loading, but the absence of pitting or sooting in that breadth would announce that there allegation acquire been commodity such as accession attache anchored amid the atomic accessory and the attic panel. On the added duke the pitting and sooting aboveboard on the aing aspect of the accumbent abject anatomy accessory of the alembic accumulated with bottomward anamorphosis of that accessory confirms the actualization that the atomic accessory was anchored aloft and in complete band of afterimage of that accessory and appropriately was adequate to be anchored partly at atomic in the overhang breadth the attendance of a attache on the attic of the alembic would not arrest the atomic accessories from arresting that member. Added acceptance of the position of the atomic accessory came from the ascertainment of crushing to the aerial aboveboard of the aircraft accumulation anatomy 700 and pitting and sooting of the two neighbouring frames, this actuality the breadth adjoining to the lower afterwards end of the container. Professor Peel’s affirmation additionally included a abundant circuitous breadth on the attributes of actuation loading, the analytical akin of actuation for abortion of aluminium admixture breadth of the blazon acclimated for the accumulation skin, and the adding of both the stand-off ambit and the admeasurement of the atomic allegation from the admeasurement of the burst breadth and the petalled zone. These calculations adumbrated a allegation of about 450 grammes and a stand-off ambit of 610 millimetres, which would booty the admission 200 millimetres axial the container. We do not accede it all-important to go into detail about these circuitous calculations, as the concrete affirmation of accident to the hull, the container, and, as we shall see later, the accommodation of the alembic satisfies us aloft any agnosticism that the admission occurred aural the container, and the calculations serve abandoned to affirm that view. We should add that this breadth of his affirmation additionally dealt with the effect, if any, of the abstraction of Mach axis formation, but we do not accede it all-important to go into any detail about that, as we acquire his affirmation that although that abstraction was brash as a agency of assessing stand-off distance, it was not actually used.

[7] In accession to the affirmation of these experts who were all bright that the accident to the aircraft was acquired by an explosion, there was additionally affirmation from Dr Douse, who has specialised for abounding years in the trace assay of drugs and explosives and in 1988 formed with RARDE. He pioneered the use of capillary gas chromatography, which is now a able-bodied recognised procedure. He brash for the attendance of atomic residues two pieces of metal (labels 270.1 and 270.3) which had been articular as the two aloft genitalia of the outboard abject anatomy accessory of alembic AVE 4041. The procedures involved, which were declared in abundant detail in Dr Douse’s evidence, concluded with traces on which peaks at authentic credibility may announce the attendance of altered types of explosives. These accommodate altered variations of nitrotoluene, nitroglycerin, PETN and RDX. There may additionally be added peaks which aftereffect from non-explosive co-extractives. The traces apropos to 270.1 and 270.3 adumbrated the attendance of PETN and RDX. These are chemicals acclimated in the accomplish of artificial explosives, including Semtex. In assay it was adapted to him that a abode by Professor Caddy presented to Parliament in 1996 on the accessible contagion of a centrifuge acclimated at RARDE attenuated his conclusions. However, while that abode did actually advance that a centrifuge was attenuated with RDX, it additionally fabricated bright that assertive examinations agitated out in the aeon which included December 1988 were not affected, and in the annual of such examinations was included the assay of the Lockerbie bits agitated out by Dr Douse. It was added adapted to him that the traces arise peaks which were constant with the attendance of TNT, DNT and nitroglycerin, but for the abundant affidavit which he gave in his affirmation he was actually annoyed that the peaks in catechism accompanying not to these forms of atomic but to non-explosive co-extractives. We see no acumen to agnosticism the cessation to which this actual accomplished able came. Assuredly it was submitted that bare precautions were taken at the class by way of the use of ascendancy swabs of accouterment and accessories to anticipate the accident of adulterated after-effects because of contamination. There was about a description both by Dr Douse and Dr Hayes of the precautions taken to anticipate contamination, and we are annoyed that these precautions were able to anticipate any accident that Dr Douse’s tests were attenuated by any contamination.

[8] From this affirmation we are actually annoyed that the annual of the adversity was the admission of a accessory which was independent aural the aircraft. We would additionally be annoyed that the accessory was aural alembic AVE 4041, but any accessible doubts about that would be dispelled by the affirmation apropos to the assay of the aboveboard accommodation of that container, to which we now turn.

[9] During the advance of the massive arena search, a ample abundance of accoutrements and accouterment was calm and labelled. Aural a few canicule of the adversity it was accustomed that an admission had occurred, and appropriately the searchers were asked in authentic to antithesis any items which appeared to be broiled or begrimed or contrarily had the actualization of accepting been circuitous in an explosion. Any such items were afresh submitted to the Argumentative Explosives Class at RARDE for abundant examination, the arch argumentative scientists circuitous actuality Dr Hayes and Mr Feraday. Fifty-six bits which showed assorted signs of explosives accident were articular as basic allotment of what had been a amber hardshell Samsonite attache of the 26″ Silhouette 4000 ambit (“the primary suitcase”). The attributes of the accident adumbrated that it had been inflicted from aural the suitcase. A added twenty-four items of accoutrements were articular by their adapted explosives accident as accepting been in about aing adjacency to the atomic device. Aural abounding of these items there were activate bits of what appeared to be genitalia of the primary suitcase, and additionally bits of what appeared to acquire been a radio cassette player. Added agnate bits were activate in accouterment which from their broiled actualization were brash to acquire been independent in the primary suitcase. In addition, aback analytical a abstracts bowl which had been absorbed to AVE 4041, Mr Claiden recovered a allotment of bits which appeared to be a baby allotment of ambit board. The cardinal of bits associated with the accouterment in aing accessory with the admission and the admeasurement of the ballyhoo of these bits adumbrated that the atomic allegation had in all anticipation been amid aural the radio. It was accustomed at that time that in October 1988 the West German badge had recovered a Toshiba radio cassette amateur which had been adapted to anatomy an improvised atomic device. Mr Feraday visited West Germany to appraise this device, and complete that the bits in his ascendancy and in authentic the allotment of ambit lath recovered by Mr Claiden did not arise from the aforementioned model. However, he brash that there was a adequate affinity to accomplish it annual investigating added models of Toshiba players. It was activate that there were seven models in which the printed ambit lath bore actually the aforementioned characteristics as the fragments. Subsequently, aback the bang damaged accouterment was brash in detail there were activate anchored in two altered Slalom casting shirts, a Babygro, and a brace of checkerboard arrested trousers, bits of agenda which on assay accustomed to be from an owner’s chiral for a Toshiba RT-SF 16 BomBeat radio cassette player. All the added bits anticipation to acquire originated from the radio complete the atomic were constant with accepting arise from an RT-SF 16. Added bits of artificial associated with the radio were activate in added items of accouterment brash to acquire been in the primary suitcase, namely a white T-shirt, chrism pyjamas, a herringbone jacket, and amber herringbone trousers, as able-bodied as in the four items in which the bits of agenda were found. The cessation accomplished by the argumentative scientists was that the attributes of the bits and their administering larboard no agnosticism that the atomic allegation was independent aural the Toshiba radio, and we accede with that conclusion. Accepting absorption to the attendance of bits of an RT-SF 16 owner’s manual, we additionally acquire that it was that archetypal of Toshiba radio that was involved.

[10] As we acquire noted, a abundant abundance of accouterment was brash at RARDE. The primary affair was to ascertain what accouterment showed signs of admission damage, and then, if possible, to differentiate amid accouterment adequate to acquire been independent aural the attache that independent the atomic accessory and accouterment in adjoining suitcases. The adjustment adopted by the argumentative scientists was to amusement as a aerial anticipation that any admission damaged accouterment which independent bits of the radio cassette player, the apprenticeship manual, and the amber fabric-lined agenda allotment from aural the attache to the exclusion of bits of the alien shell, was aural the primary suitcase. Breadth accouterment agitated neither bits of the atomic accessory nor of one or added of the attache shells that would acquire amidst it, or breadth it abnormally agitated bits of the attache shells with or afterwards bits of the atomic device, its specific breadth was problematic, although the achievability that it was independent in the primary attache could not be discounted. There were twelve items of accouterment and an awning of which bits were recovered and brash which fell aural the aboriginal class and appropriately in their appraisal had been independent aural the primary suitcase. These items were:-

2) Explosion damaged bits of amber checkerboard blooming actual two of which still retained genitalia of labels which articular them as accepting formed allotment of a brace of Yorkie casting trousers admeasurement 34. Independent aural one of these bits there were activate bits of the lining and centralized accessory of the primary suitcase, bristles atramentous artificial bits which could acquire arise from a Toshiba radio, four bits of an RT-SF 16 owner’s manual, and bristles clumps of blue/white fibres constant with accepting arise from a Babygro.

3) Four broiled and disrupted bits of blah t which in agreement of colour, braid and adjustment appeared to acquire a accustomed origin. One of these bits had sewn on to it a “Slalom” label, and all the bits were constant with accepting arise from a blah Slalom casting shirt. Independent aural one of these bits (bearing the badge characterization PI/995) there were activate a cardinal of items. We shall acknowledgment to this fragment later, as the defence arguable that there were a cardinal of factors surrounding its award and assay which afflicted the believability of the affirmation apropos to it.

4) Six broiled bits of white actual with a accomplished dejected pin-stripe. Although there were no anecdotic marks on any of these fragments, their colour, weave, adjustment and architecture adumbrated that their abettor was from a shirt anxiously agnate to a Slalom casting shirt. Independent aural these bits there were activate sixteen bits of atramentous artificial and four bits of loudspeaker cobweb which could acquire arise from a Toshiba radio and bits of an RT-SF 16 owner’s manual.

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5) Four explosion-damaged bits of ablaze amber herringbone alloyed cloth. Although there were no anecdotic marks on any of these fragments, their colour, weave, adjustment and architecture adumbrated that their abettor was from a brace of Yorkie casting trousers. Six pieces of atramentous artificial and a fragment of the accessory of the primary attache were activate independent therein.

6) Three explosion-damaged bits of herringbone blooming amber tweed cloth. Although there were no anecdotic marks on any of these fragments, their colour, weave, adjustment and architecture adumbrated that their abettor was from a tweed anorak agnate in all respects to a ascendancy sample acquired by badge officers. These bits independent bits of atramentous artificial and attache divider.

7) Four bits of chrism coloured actual with a adjustment of amber stripes. One of these was a abundant annual acutely identifiable as the charcoal of a brace of pyjama trousers. Although there were no anecdotic marks on any of these fragments, their colour, adjustment and architecture adumbrated that their abettor was from a brace of Panwear casting pyjamas. They independent bits of atramentous artificial and bits of lining from the primary suitcase.

8) Thirteen actual acutely damaged fragments, abounding acutely small, of dejected coarse material. One fragment consisted of two overlaid pieces of material, one actuality a dejected coarse actual and the added actuality knitted white ribbed material. Amid these two pieces there was trapped the charcoal of a characterization printed in altered colours complete advice about age, height, agreement and “made in Malta”. This blended fragment akin anxiously in all cogent respects the labelled aing breadth of a Babygro Primark brand. The actual of the added bits additionally akin the actual of the aforementioned brand. Adhering to these assorted bits were bits of atramentous plastic, wire, agenda bits from the Toshiba owner’s manual, and bits of the accessory of the primary suitcase.

9) Three bits of a atramentous nylon umbrella. The aloft bits comprised allotment of the canopy, badinage and handle stem, disconnected and partly burst advertence aing captivation with an explosion. Strongly adherent to the awning actual were dejected and white fibres, agnate in actualization to the Babygro fibres. A added fragment was a allotment of argent coated atramentous artificial with channelled aboveboard corrugations agnate to allotment of the locking collar of the umbrella, and this was activate in a fragment of the checkerboard arrested trousers (item 2 above).

10) A fragment of an admission damaged knitted amber woollen cardigan. This annual had sewn on to it a characterization inscribed “Puccini design”.

The actual three items had acutely been actual anxiously circuitous with the explosion, but there was bereft actual to accredit identification to be fabricated of their origin.

[11] The attributes and admeasurement of the accident to this accouterment calm with the items anchored therein confirmed, if acceptance were necessary, that the admission had occurred aural alembic AVE 4041, and additionally accustomed aloft agnosticism that the atomic accessory was independent aural a Toshiba RT-SF 16 radio cassette amateur which had been aural a amber Samsonite attache which additionally independent the items of accouterment abundant above.

[12] It will be recalled that four of the items articular as accepting been in the primary attache were identifiable by labels as accepting been of Yorkie, Slalom, Primark and Puccini brands. In August 1989 badge admiral visited Malta in an attack to trace the antecedent of these items. Afterwards a appointment to Yorkie Clothing, on 1 September they went to Mary’s House, Tower Road, Sliema. This was a boutique run by the Gauci family, Tony Gauci actuality one of the partners. Mr Gauci’s affirmation was that he was visited by badge admiral in September 1989. He was able to acquaint them that he recalled a authentic auction about a fortnight afore Christmas 1988, although he could not bethink the exact date. His bond was that the Christmas lights were aloof actuality put up. It was midweek, possibly Wednesday. The time was about 6.30pm. The applicant was a man, and the attestant recognised him as actuality a Libyan. The chat with the applicant was allegedly in a admixture of Arabic, English and Maltese. Abounding Libyans appointment his shop, and aback he hears them speaking he can acquaint the aberration amid a Libyan and, say, a Tunisian or an Egyptian. He bought an array of clothing, but it did not arise to the attestant that the attributes of what he was affairs was of importance. Amidst the items which the attestant remembered affairs were two pairs of Yorkie trousers, two pairs of striped pyjamas of the aforementioned casting as the Panwear fragment, a tweed jacket, a dejected Babygro, two Slalom shirts collar admeasurement 16 , two cardigans, one amber and one blue, and an umbrella. The adjustment cardinal aboveboard on the fragment of one of the pairs of Yorkie trousers was 1705, and the commitment agenda for this adjustment showed that it was delivered on 18 November 1988. The badge acquired either from Mr Gauci or from the manufacturers samples of all of these items, and these were the samples which were acclimated by the argumentative scientists aback comparing them with the fragments. It may assume hasty that he was able to bethink this authentic auction in such detail some nine months afterwards, but he explained that the applicant appeared to be demography little absorption in the items he was buying. We are satisfied, however, that his bond of these items is accurate. While it was never adapted to him that his bond ability acquire been assisted by the badge officers, it is conceivably a admeasurement of his accurateness that he was bright that the purchases did not accommodate an Abanderado T-shirt, alike admitting he did banal such items and it would be one in which the badge were interested. While no agnosticism abandoned items could acquire been purchased in abounding added shops in Malta, or actually in added genitalia of the apple as abounding of them were exported, the exact bout amid so abounding of the items and the bits activate at Lockerbie is in our actualization far added than aloof a coincidence. We are appropriately actually annoyed that the items of accouterment in the primary attache were those declared by Mr Gauci as accepting been purchased in Mary’s House. We shall acknowledgment to Mr Gauci’s affirmation in added detail in affiliation with the date of the auction and the identification of the purchaser.

[13] We now about-face to accession acute annual that was activate during the chase of the debris. On 13 January 1989 DC Gilchrist and DC McColm were affianced calm in band searches in an breadth a Newcastleton. A allotment of broiled actual was activate by them which was accustomed the badge cardinal PI/995 and which afterwards became characterization 168. The aboriginal inscription on the label, which we are annoyed was accounting by DC Gilchrist, was “Cloth (charred)”. The chat ‘cloth’ has been overwritten by the chat ‘debris’. There was no satisfactory annual as to why this was done, and DC Gilchrist’s attempts to explain it were at affliction ambiguous and at best confusing. We are, however, annoyed that this annual was actually activate in the breadth described, and DC McColm who corroborated DC Gilchrist on the award of the annual was not cross-examined about the detail of the award of this item. This annual was logged into the acreage abundance at Dextar on 17 January 1989. It was adapted by the defence that there was some adverse affiliation both in the about-face of the aboriginal characterization and in the adjournment amid the award of the annual and its actuality logged in to Dextar. As we acquire indicated, there does not arise to be any authentic acumen for the about-face of the label, but we are annoyed that there was no adverse acumen for it and that it was not tampered with by the finders. As far as the backward logging is concerned, at that aeon there was a all-inclusive bulk of bits actuality recovered, and the log shows that abounding added items were abandoned logged in some canicule afterwards they had been best up. Afresh appropriately we see no adverse affiliation in this. Because it was a allotment of broiled material, it was beatific for argumentative examination. According to his notes, this annual was examined, initially on 12 May 1989, by Dr Hayes. His addendum actualization that it was activate to be allotment of the neckband of a blah shirt, and aback the ascendancy sample was acquired it appeared agnate in all respects to the neckband of a Slalom shirt. It was acutely admission damaged with localised assimilation holes and blackening constant with atomic involvement. Anchored aural some of the assimilation holes there were activate nine bits of atramentous plastic, a baby fragment of metal, a baby fragment of wire, and a multi-layered fragment of white agenda (subsequently complete to be bits from a Toshiba RT-SF 16 and its manual). There was additionally activate anchored a fragment of blooming coloured ambit board. The aing advertence to that aftermost fragment occurs in a announcement beatific by Mr Feraday to CI Williamson on 15 September 1989 anchor a Polaroid photograph of it and allurement for abetment in aggravating to analyze it. Afresh the defence approved to casting agnosticism on the ancestry of this fragment of ambit board, for three reasons. In the aboriginal place, Dr Hayes’ agenda of his assay was numbered as folio 51. The afterwards pages had originally been numbered 51 to 55, but these numbers had been overwritten to apprehend 52 to 56. The advancement was put to Dr Hayes that the aboriginal pages 51 to 55 had been renumbered, the aboriginal folio 56 had been removed, and that appropriately amplitude was fabricated for the admittance of a new folio 51. Dr Hayes’ annual was that originally his addendum had not been paginated at all. Aback he came to adapt his abode based on his aboriginal notes, he put his addendum into added or beneath archival adjustment and added folio numbers at the top. He affected that he had aback numbered two afterwards pages as folio 51, and afterwards calculation a few added pages had noticed his absurdity and had overwritten with the actual numbers. Pagination was of no materiality, because anniversary annual that was brash had the date of assay congenital into the notes. The added acumen for agnosticism was said to be that in best cases aback a fragment of commodity like a ambit lath was activate in a allotment of clothing, Dr Hayes’ convenance was to accomplish a cartoon of that fragment and accord it a abstracted advertence number. There was no cartoon of this fragment on folio 51, and the appellation of the fragment as PT/35(b) was not done until a afterwards date. Assuredly it was said that it was baffling that if this fragment had been activate in May 1989 and allegedly photographed at the time, his aide Mr Feraday should be sending a announcement in September 1989 anchor a Polaroid photograph as actuality “the best I can do in such a abbreviate time”. Dr Hayes could not explain this, and adapted that the actuality to ask about it would be the columnist of the memorandum, Mr Feraday, but this was not done. While it is adverse that this authentic annual which angry out to be of aloft acceptation to this enquiry admitting its miniscule admeasurement may not initially acquire been accustomed the aforementioned authentic analysis as best added items, we are about annoyed that the fragment was extracted by Dr Hayes in May l989 from the antithesis of the Slalom shirt activate by DC Gilchrist and DC McColm.

[14] Over the afterwards months all-encompassing investigations were agitated out by CI Williamson and added badge admiral aural the printed ambit lath industry in an attack to trace the abettor of the fragment, but these were fruitless. In about June 1990 CI Williamson accustomed advice from an FBI administrator declared Thurman as a aftereffect of which he and Mr Feraday visited FBI abode in Washington. They were there credible a timing accessory accustomed as an MST-13 (label 420). On assay it was activate that there was an breadth on a printed ambit lath aural that timer which was identical to the recovered fragment except that the Washington accessory had double-sided adhesive actualization admitting the fragment PT/35(b) was adhesive masked on one ancillary only. Afterwards enquiries led to a agency rogatoire actuality obtained, which enabled administrative and badge authorities in Switzerland to backpack out enquiries on annual of the Scottish police. In November 1990 and January 1991 there were administrative interviews of two persons, Edwin Bollier and Erwin Meister, the accessory in the aing of MEBO, a aing which was affianced in the architecture and accomplish of assorted cyberbanking items. There was a added annual with Scottish badge admiral in May 1991. During the advance of these interviews, a cardinal of items were handed over including a abundance of documentation, three timers (two MST-13s and an Olympus), and assorted apparatus of timers including ambit boards. The abundant assay of these items by Dr Hayes and Mr Feraday and allegory with the fragment of blooming ambit lath larboard them in no agnosticism that the fragment originated from an breadth of the affiliation pad for an achievement advertisement of a ambit lath of distinct solder-mask blazon of an MST-13 timer. We acquire the cessation to which the argumentative scientists came.

[15] The affirmation which we acquire brash up to this date satisfies us aloft reasonable agnosticism that the annual of the adversity was the admission of an improvised atomic device, that that accessory was independent aural a Toshiba radio cassette amateur in a amber Samsonite attache forth with assorted items of clothing, that that accouterment had been purchased in Mary’s House, Sliema, Malta, and that the admission of the admission was triggered by the use of an MST-13 timer.

[16] We now about-face to accede the affirmation apropos to the ancestry of the primary attache and the accessible agency in which it could acquire activate its way into AVE 4041. This involves appliance of the procedures at assorted airports through which it may acquire passed.

[17] The Acme case is that the primary attache was agitated on an Air Malta flight KM180 from Luqa Airport in Malta to Frankfurt, that at Frankfurt it was transferred to PanAm flight PA103A, a agriculturalist flight for PA103, which agitated it to London Heathrow Airport, and that there, in turn, it was transferred to PA103. This case is abundantly abased on articulate and documentary affirmation apropos to the three airports. From this evidence, it is alleged, an inference can be fatigued that an anonymous and unaccompanied annual of accoutrements was agitated on KM180 and transferred to PA103A at Frankfurt and PA103 at Heathrow.

[18] When an intending commuter checks in accoutrements for accustomed in an aircraft hold, a numbered tag is absorbed to anniversary item. Allotment of the tag is removed and accustomed to the commuter to act as a receipt. The allocation absorbed to the annual of accoutrements bears, ordinarily, the name of the airline, or the aboriginal airline, on which the commuter is to biking and the destination. Breadth the adventure is to be completed in added than one leg or stage, the tag additionally carries the name of any average airport. The purpose of the tag is to accredit the accoutrements handlers at the airport of departure, at any average airport and at the destination to buck or alteration the annual to the actual flight and acknowledgment it to the commuter at the final destination. In 1988, tags preprinted with the name of the destination airport were sometimes acclimated aback the adventure was to be completed in one stage. Breadth there was added than one stage, the names of the destination and of any average airport were commonly accounting on the tag by duke at the time of check-in. Accoutrements arrested in at the airport of abandonment is referred to as bounded abettor baggage. Accoutrements which has to be handled at an average airport is about referred to as alteration baggage. A acumen is commonly fabricated amid two groups of alteration baggage. Online accoutrements is accoutrements which arrives at and departs from an average airport on aircraft of the aforementioned carrier: interline accoutrements arrives on an aircraft of one carrier and departs with a altered carrier. The analogue is, however, not consistently acclimated consistently. Accoutrements is brash to be agitated on the aforementioned aircraft as the commuter to whom it belongs, but from time to time accoutrements is misdirected or delayed and has to be agitated on a altered flight. Such items are articular by an added adapted tag, accustomed as a blitz tag, and are commonly abandoned beatific in acknowledgment to a appeal from the destination airport, afterward a affirmation fabricated by a commuter for accoutrements which has not been delivered at the destination. The affirmation led on this point accompanying abandoned to convenance at Luqa airport, but seemed to reflect all-embracing practice. A commuter aircraft may additionally backpack items of mail and added freight.

[19] In 1988, and for some time before, airline operators and airport authorities about were able-bodied acquainted of the accident that attempts ability be fabricated to abode atomic accessories on commuter aircraft and had in abode systems brash to minimise that risk. In particular, it was accustomed to booty accomplish to anticipate items of accoutrements travelling on an aircraft unaccompanied by the commuter who had arrested them in, unless there was adequate acumen to absorption the items as safe. It was accustomed to put assertive questions to cartage who arrested in accoutrements for a flight and to ensure that every commuter who had arrested in accoutrements at the abandonment airport had boarded the aircraft, or that assurance was contrarily assured, afore it was accustomed to depart. Similarly, accomplish were taken to analysis that alteration accoutrements did not biking afterwards the accompanying passenger. These accomplish assorted amid altered airports and altered carriers. By 1988, PanAm had brought into operation a adjustment of x-raying interline accoutrements at Frankfurt and Heathrow. The availability of that ability led to changes in the way in which interline cartage and accoutrements were handled.

[20] PA103 took off from Heathrow anon afore 1830 on 21 December 1988. It was the aftermost above PanAm flight to abandon on that day. Heathrow was appropriately the aftermost abode at which an atomic accessory could acquire been alien into the ascendancy of the aircraft. Afore its departure, the aircraft was anchored at angle K14. It had ahead been arrested and an airworthiness breadth had been completed for it. PA103A accustomed at angle K16 and cartage proceeding to New York were instructed to go complete to aboideau 14. The boarding of passengers, both those basic at Heathrow and those appointment from PA103A, proceeded commonly except that one commuter who had arrested in two items of accoutrements at Heathrow bootless to arise at the gate. The commuter was an American aborigine and a accommodation was taken that the aircraft could abandon admitting his non-appearance. It was afterwards activate that he had been bubbler in a bar at the airport and absent the boarding call. There is no acumen to affix that commuter or the items arrested in by him with the atomic device.

[21] At Heathrow, as at Frankfurt, PanAm accoutrements was handled by advisers of PanAm. Aegis duties for PanAm were agitated out by advisers of Alert Security, an accessory aggregation of PanAm. Accoutrements arrested in at Heathrow was beatific to an breadth accustomed as the accoutrements accession breadth afore actuality taken to the aircraft aback it was accessible for loading. The accession breadth was adjoining to a artery abundantly acclimated by bodies aural the airport. In December 1988 it was busier than accustomed because architecture assignment was in advance at the airport. If, as was the case with a Boeing 747 aircraft, the baggage, or any of it, was to be loaded into containers to be placed in the aircraft, that was done in the accession area. Interline accoutrements accession at Heathrow was unloaded by airport advisers and was beatific to an breadth declared the interline shed. This afford was a abstracted architecture aural the airport terminal area. Accoutrements removed from admission flights was brought to the alfresco of the afford by advisers of a aggregation declared Whyte’s, active by the airport authority, and placed on a abettor belt, which agitated it into the shed. There was no aegis bouncer alfresco the shed, so that the agreement of items on the abettor belt was unsupervised. The interline afford dealt with accoutrements for added airlines, as able-bodied as accoutrements for PanAm. Aural the shed, interline accoutrements for a PanAm flight was articular and afar from added airline baggage. It was taken to the PanAm x-ray machine, breadth it was brash by x-ray by an abettor of Alert. Afterwards x-ray, it was placed in a alembic or set a to anticipate the approachable flight.

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[22] On 21 December 1988 the x-ray abettor was Sulkash Kamboj. John Bedford, a loader-driver active by PanAm, and Mr Parmar, accession PanAm abettor were alive in the interline shed. Mr Bedford set a alembic AVE 4041 to acquire interline accoutrements for PA103. The alembic was articular as the alembic for PA103 by Mr Bedford who wrote the advice on a breadth which was placed in a holder anchored to the container. A cardinal of items were placed in that container. Afterwards Mr Bedford accumulating the alembic to a position a the accoutrements accession breadth and larboard it there. From there, the alembic was taken out to angle K16, and accoutrements for New York unloaded from PA103A was loaded into it. The admission alike agitated accoutrements afar in its hold, not in containers. The affirmation of Mr Bedford calm with that of Peter Walker, a administrator in the accoutrements accession area, and Darshan Sandhu, a arch loader, and with the alembic accession breadth (production 1217), shows that alembic AVE 4041 independent both interline accoutrements which had been placed in it in the interline shed, and accoutrements unloaded from PA103A. Aback it was full, alembic AVE 4041 was apprenticed anon to angle 14 and loaded into the hold. The affirmation of Terence Crabtree, accession driver-loader active by PanAm, who was the aggregation arch for the loading of PA103, calm with the bulk plan (production 1183), shows that the alembic was loaded in position 14 left, which corresponds to the position accustomed by the argumentative evidence. The plan additionally shows that alembic AVN 7511 was loaded in the adjoining position 21 left, afresh agnate to the argumentative evidence. There was additionally some accoutrements from PA103A which was loaded afar into the ascendancy of PA103.

[23] Mr Bedford said that he recalled that on 21 December 1988 he had set a alembic AVE 4041 for accoutrements for PA103. He recalled additionally that he had placed a cardinal of accoutrements in the container. These cases were placed on their spines in a row forth the aback of the container. He said that he had larboard the interline afford to acquire a cup of tea with Mr Walker in the accession area. On his return, he saw that two cases had been added to the container. These cases were laid on their sides, with the handles arise the autogenous of the container, in the way that he would commonly acquire loaded them. The adjustment of these cases was credible in a set of photographs (production 1114) taken in aboriginal January 1989 in Mr Bedford’s presence. Mr Bedford said that he had been told by Mr Kamboj that he had placed the added two accoutrements in the alembic during his absence. Mr Kamboj denied that he had placed any accoutrements in the alembic and denied additionally that he had told Mr Bedford that he had done so. Both assemblage were referred to a cardinal of badge statements which they gave at assorted times and to their affirmation at the Fatal Accident Inquiry into the disaster, and it appears that anniversary of the assemblage has consistently accustomed the aforementioned annual throughout. Mr Kamboj eventually conceded in evidence, in a apathetic way, that what Mr Bedford said ability be correct, but the bucking is not resolved. Mr Bedford was a bright and absorbing attestant and he had no acumen to ad-lib what he said. Mr Kamboj was a beneath absorbing witness, and he ability acquire been afraid to abstain any accessible responsibility. In our view, the affirmation of Mr Bedford should be adopted on this point. The aberration amid the assemblage is not, however, actual aback for the purposes of this case what is important is that there is affirmation that aback the alembic larboard the interline breadth it had in it the two accoutrements positioned as declared above. Mr Bedford agreed that in statements to badge admiral and in affirmation at the Fatal Accident Inquiry he had declared one of the two cases lying on their abandon as a amber or maroony-brown hardshell Samsonite-type case. He could not arouse that aback he gave affirmation in this case, but said that he had told the accurateness in his statements and beforehand evidence. Mr Bedford additionally said that he had abiding with Mr Walker that because the admission flight PA103A was a little delayed, and to delay for it would booty him aloft his accustomed finishing time, he should booty the alembic to the accoutrements accession breadth and leave it there, and that he did so afore abrogation assignment anon afterwards 5.00pm. Mr Walker could not anamnesis what had happened, but accustomed that he had told investigating badge admiral anon afterwards the accident that he recalled seeing Mr Bedford at about 5.00pm and that Mr Bedford had said that he was activity home, but that there was no chat about abrogation a alembic at the accession area. Mr Walker’s affirmation at the FAI in absorption to whether or not he was acquainted of a alembic actuality brought to the accession breadth differed from his aboriginal badge annual and he was clumsy to explain the difference. There is, however, no acumen to agnosticism Mr Bedford’s affirmation that he did booty AVE 4041 to the accession breadth and leave it there.

[24] It emerges from the affirmation appropriately that a attache which could fit the argumentative description of the primary attache was in the alembic aback it larboard the interline shed. There is additionally a achievability that an accidental attache could acquire been alien by actuality put assimilate the abettor belt alfresco the interline shed, or alien into the afford itself or into the alembic aback it was at the accession area. To accomplish that, the actuality agreement the attache would acquire had to abstain actuality detected, but the affirmation indicates that a actuality in ascendancy of a canyon for the airside breadth would not be adequate to be challenged, and there were a actual ample cardinal of passes issued for Heathrow, a abundant cardinal of which were not accounted for. The actuality agreement the attache would additionally acquire adapted to apperceive breadth to put it to accomplish the objective.

[25] It was argued on annual of the accused that the attache declared by Mr Bedford could able-bodied acquire been the primary suitcase, decidedly as the affirmation did not acknowledge that any bits of a accustomed Samsonite-type attache had been recovered, afar from those of the primary attache itself. It was accepted, for the purposes of this argument, that the aftereffect of argumentative affirmation was that the attache could not acquire been anon in accessory with the attic of the container. It was submitted that there was affirmation that an American Tourister suitcase, which had travelled from Frankfurt, bits of which had been recovered, had been actual anxiously circuitous in the admission and could acquire been placed beneath the attache announced to by Mr Bedford. That would acquire adapted barter of the items in the container, but such barter could calmly acquire occurred aback the accoutrements from Frankfurt was actuality put into the alembic on the alley at Heathrow. It is authentic that such a barter could acquire occurred, but if there was such a rearrangement, the attache declared by Mr Bedford ability acquire been placed at some added alien bend of the container, and while the argumentative affirmation dealt with all the items recovered which showed complete atomic damage, twenty-five in total, there were abounding added items of accoutrements activate which were not dealt with in detail in the affirmation in the case.

[26] At Frankfurt Airport, accoutrements for best airlines was handled by the airport authority, but PanAm had their own aegis and accoutrements administering staff. Frankfurt had a computer controlled automatic accoutrements administering system, through which accoutrements was passed. Anniversary annual of accoutrements was placed in an abandoned numbered tray as it was taken into the system. The trays were placed on abettor belts and instructions were fed into the computer to analyze the flight to which the accoutrements was to be sent, the position from which the aircraft was to leave and the time of the flight. The trays were accomplished to a cat-and-mouse breadth breadth they advertisement until an apprenticeship was fed in to arouse the accoutrements for a authentic flight, whereupon the items would be automatically extracted from the cat-and-mouse breadth and beatific to the abandonment point. Bounded abettor accoutrements was accustomed at check-in desks. There was no abundant affirmation as to how the check-in agents dealt with it, but such accoutrements was anesthetized into the system. Alteration accoutrements was taken to one of two areas, articular as V3 and HM respectively, breadth it was fed into the adjustment at credibility accustomed as coding stations. All accoutrements at the airport went through the automatic system, with the barring of alteration accoutrements aback there was beneath than 45 annual breach amid flights. In that case, accoutrements ability be taken from one aircraft to accession afterwards activity through the system.

[27] There were seven coding stations in V3. One such base is credible in photographs in assembly 1053. The accustomed convenance was that accoutrements from an admission flight was brought either to HM or to V3 in wagons or containers. On arrival, the accoutrements from a flight would be directed by an abettor declared the interline biographer to one or added of the coding stations. The able convenance was that anniversary coding base should not accord with accoutrements from added than one admission flight at a time. Commonly there were two advisers at anniversary coding station. One would lift the items of accoutrements from the wagon or alembic and abode anniversary annual in a tray. The added would admission into the computer, in a coded form, the flight cardinal and destination for the approachable flight, demography the advice from the tag absorbed to the item. There was affirmation that from time to time there ability be an added abettor at a coding station, who would abetment in removing the accoutrements and agreement it in trays, and that the accommodation from the tag ability be apprehend out to the coder by the actuality putting the annual into a tray. Blitz tag items were dealt with in the aforementioned way as added items. Items which accustomed at a coding base afterwards a bright tag were beatific to an absurdity breadth to be dealt with there. Annal were kept anecdotic the agents alive at authentic stations, the accession times of aircraft, the accession times of consignments of accoutrements at HM or V3, and the base or stations to which the accoutrements from a authentic flight was sent. The computer itself retained a almanac of the items beatific through the adjustment so that it was possible, for a bound period, to analyze all the items of accoutrements beatific through the adjustment to a authentic flight. Afterwards some time, however, that advice would be absent from the system. The accoutrements ascendancy adjustment independent its own clock, and there was a addiction for the time recorded by that alarm to bend from complete time. The accoutrements ascendancy alarm was appropriately displace at the alpha of anniversary day, by advertence either to the capital computer alarm or to the employee’s watch. The alteration was accelerating and by 4.00pm or 5.00pm the alterity ability be as abundant as two or three minutes. Times entered in added annal were acquired by the agents from the airport alarm or from their own watches.

[28] PanAm had x-ray accessories at Frankfurt, which was acclimated to x-ray interline baggage. The adjustment was that accoutrements accession at the abandonment aboideau for a PanAm flight would be afar into categories, according to the flight programme. In the case of PA103A, that meant that the loaders would abstracted accoutrements for London, accoutrements for New York, and interline baggage. The aftermost class would be taken to the x-ray accessories and brash and alternate to be loaded. The convenance of PanAm at Frankfurt was to backpack out a adaptation amid bounded abettor cartage and accoutrements and online cartage and baggage, to ensure that every such commuter who had accoutrements on the flight was accounted for, but there was no attack to accommodate interline cartage and their baggage. Adaptation of interline cartage would acquire been difficult because the agents at the aboideau would not acquire any ability of an interline commuter until the commuter appeared to analysis in at the aboideau and acquire a boarding agenda there. There was affirmation from two witnesses, Roland O’Neill, the bulk adept for PA103A, and Monika Diegmuller, a check-in supervisor, that there was a adaptation of interline cartage and baggage, but there was cutting affirmation to the adverse and their affirmation on this point is not acceptable. The affirmation that there was no adaptation came from Herbert Leuniger, PanAm’s administrator at Frankfurt, and Wolf Krommes, a assignment base administrator with PanAm. Further, in March 1988, Alan Berwick, the arch of aegis for a advanced breadth including the Average East, afterwards altercation with Martin Huebner, the aegis administrator for PA at Frankfurt, beatific a announcement (production 1170) to Mr Sonesen, the aggregation administrator in New York to whom he reported, requesting a accumulated accommodation on the catechism whether, in actualization of the actuality of the x-ray facility, there should be any reconciliation. The acknowledgment (production 1171) actually instructed that if accoutrements had been x-rayed, the aircraft should leave, alike if the interline commuter to whom it belonged had not boarded, and that there should be no reconciliation. In aboriginal 1989, Mr O’Neill gave a annual to two FAA lath in agreement which adumbrated that there was commonly no reconciliation.

[29] The affirmation of Joachim Koscha, who was one of the managers of the accoutrements adjustment at Frankfurt in 1988, taken with assembly 1068, shows that flight KM180 accomplished its parking position at 1248 on 21 December 1988. Aback it was not a PanAm flight it was unloaded by advisers of the airport authority. According to the record, it was auction amid 1248 and 1300. Andreas Schreiner was in allegation of ecology the accession of accoutrements at V3 on 21 December 1988. He fabricated the afterward almanac on a certificate declared the interline writer’s breadth (production 1092):-

That bears to almanac one wagon of accoutrements from KM180, in position at 1248, accession at V3 at 1301. Mr Schreiner’s affirmation was that coding would about activate three to bristles annual afterwards the accession of the accoutrements at V3. Mr Schreiner additionally said that accoutrements was consistently delivered from one flight only. Mr Schreiner and Mr Koscha added articular assembly 1061 as a assignment breadth completed by a coder to almanac accoutrements with which he dealt. The name of the coder in catechism was Koca, who was not declared as a witness. The accordant allotment of assembly 1061 is as follows:-

That almanac bears to actualization that one wagon of accoutrements from KM180 was coded at base 206 in V3 amid 1304 and 1310. It was adapted that the bulk for the achievement of coding ability be 1316, but Mr Schreiner adopted the annual 1310, which is added constant with what can be aboveboard on the document. There is additionally documentary affirmation (production 1062) that the aircraft acclimated for PA103A accustomed from Vienna (as flight PA124) and was placed at position 44, from which it larboard for London at 1653.

[30] Mrs Bogomira Erac, a computer programmer active at the airport, was on assignment on 21 December 1988. She heard of the accident of PA103 during the atramentous of that day and realised that PA103A had ancient during her aeon on duty. She was absorbed in the bulk of accoutrements on the Frankfurt flight, and on the afterward morning she absitively to booty a printout of the advice as to accoutrements captivated on the computer in case it should accommodate any advantageous information. She did not at already analyze any such information, but retained the printout, which afterwards was accustomed to investigators. The printout is assembly 1060, and includes the afterward entry:-

The certificate itself contains no cavalcade headings, and those set out aloft are acquired from the affirmation assuming how the printout is to be interpreted, by advertence to the codes in operation at the time. The certificate appropriately bears to almanac that an annual coded at base 206 at 1307 was transferred and delivered to the adapted aboideau to be loaded on lath PA103A.

[31] The documentary affirmation as a accomplished appropriately acutely gives acceleration to the inference that an annual which came in on KM180 was transferred to and larboard on PA103A. Affirmation led in affiliation with KM180 accustomed that there was no commuter who had an alee booking from Frankfurt to London or the Affiliated States and that all the cartage on KM180 retrieved all their checked-in accoutrements at their destinations. The Malta affidavit for KM180 does not almanac that any unaccompanied accoutrements was carried. Defence admonition submitted that there was no affirmation that accoutrements beatific to the aboideau was actually loaded assimilate the flight, nor was there any calculation of the cardinal of accoutrements loaded. There was about affirmation from Mr Kasteleiner that it could be taken from the abstracts that no accoutrements was larboard at the aboideau and it can be accustomed that all items beatific there were loaded. It follows that there is a credible inference from the documentary almanac that an anonymous and unaccompanied bag travelled on KM180 from Luqa airport to Frankfurt and there was loaded on PA103A.

[32] Defence admonition submitted that for a cardinal of affidavit that inference could not, or not safely, be drawn. In the aboriginal place, it was submitted that there was allowance for absurdity because the computer time could bend from complete time and because the times entered by the operators could be inaccurate, either because the alarm or watch relied on was inaccurate or because the entries were not accurately made. It was added adapted that recording of the abode from which an annual had arise would acquire been of beneath accent to the operators than ensuring that it went to the appropriate flight, and that the operators would acquire an absorption to advance that they had been actually active while the accurateness of the annal was not a bulk of actual accent to them. It was additionally acicular out that the actuality who fabricated the analytical admission in assembly 1061 had not been declared to accord evidence, although his name was on the Acme attestant list, and that there was no annual for his absence. We acquire that the possibilities of absurdity exist, but the computer alarm was displace at the alpha of anniversary day (although the complete time at which it was displace was not stated) and there was an absorption in authentic time-keeping aback one of the purposes of befitting annal was to be able to trace accoutrements consignments through the system. The annal were annal consistently kept for the purposes of the airport business, and can be accustomed in the absence of some acumen to agnosticism their accuracy. It was additionally argued that a actual accessory alterity in the time recording could beggarly that the inference which the Acme approved to draw would be erroneous, decidedly aback there ability be errors the aftereffect of which was cumulative. Afresh this is true, but the doubtable case was recorded as actuality coded in the average of the time attributed to accoutrements from KM180, so that the accessible acceptation of such errors is reduced.

[33] A added point fabricated by the defence was that the annal themselves displayed errors which approved that they could not be relied on. Admonition for the defence referred to two authentic matters. The aboriginal afraid entries apropos to interline accoutrements which accustomed at V3 amid 1221 and 1237 on 21 December 1988. It is recorded that four wagons of accoutrements came from LH669, a Lufthansa flight from Damascus. The worksheets in assembly 1061 almanac that one and a bisected wagons from that flight were coded at base 202 amid 1258 and 1307 and one wagon was coded at base 207 amid 1303 and 1309. There is no added almanac of coding of accoutrements from that flight, so that on the face of the annal one and a bisected wagons are not accounted for. In actualization of the timing, it was submitted, it was accessible that accoutrements from LH669 was actuality dealt with at the aforementioned time as accoutrements from KM180 and that the doubtable bag ability acquire arise from the Damascus flight. The attestant Joachim Koscha, however, referred to addendum in the annal which adumbrated that wagons of accoutrements from that flight had been taken to Customs, as happened from time to time, and gave affirmation that wagons taken to Community ability be reloaded in altered ways, which ability annual for the discrepancy. Advertence was additionally fabricated to a cardinal of added instances in which the annal showed baby discrepancies in the basic and finishing times entered for coding authentic consignments, which on their face assume to actualization that accoutrements from added than one flight ability acquire been coded at the aforementioned base at the aforementioned time. Advertence was additionally fabricated to accession annual in assembly 1060. In this instance, the admission is as follows:-

Aback interpreted in the aforementioned abode as the admission ahead referred to, this bears to actualization that an annual coded at a base in HM at 1544 on 21 December additionally was beatific to PA103A, and advertence to the coders’ annal bears to actualization that accoutrements from flight LH1071 from Warsaw was actuality encoded at that base at that time. It was agreed that no commuter from that flight transferred to PA103A, so that the annal assume to actualization the attendance of accession unaccompanied bag on that flight. In accession it was adapted that the annal and added affirmation showed, or ability show, that added items of accoutrements were agitated on PA103A, besides those listed on assembly 1060. The complete cardinal of items listed on assembly 1060 is 111 but assembly 199, which is a printout of the commuter credible for PA103A, bears to actualization that a complete of 118 items were arrested in. Further, Mr O’Neill batten of 21 items of online accoutrements which accustomed on a flight from Berlin and it was adapted appropriately that there were added items aloft those listed in the documents. Assembly 199 was not scrutinised in abundant detail in the affirmation and the alterity in numbers was not explored. It can, however, be aboveboard that 21 of the items on the commuter credible are credible with the belletrist TXL, and in the advance of questions with absorption to one of those items, directed to a altered issue, Monika Diegmuller apprehend those belletrist as advertence that the annual had arise from Tegel Airport, Berlin. It seems likely, therefore, that Mr O’Neill’s 21 items are included in the 118 on the commuter manifest. The actual alterity ability be accounted for as backward accession accoutrements which, according to some of the evidence, ability not go through the automatic system.

[34] There were added comments on the operation of the adjustment to the aftereffect that there were break that there ability be breezy alive practices, such as one coder giving abetment to accession which ability advance to inaccurate recording. There was additionally affirmation as to how abandoned accoutrements which were activate in the amiss abode were dealt with, which ability acquire the aforementioned result. In this connection, accent was placed on the affirmation of Lawrence Whittaker, an FBI adapted abettor who was present aback enquiries were actuality fabricated at V3, and who empiric a person, whom he declared as dressed appropriately for the area, bringing a attache to a coding base and coding it in, but did not see any almanac actuality made. Mr Whittaker could not be actually assertive that no almanac was made. Afar from pointing to the achievability of errors in recording, defence admonition drew absorption to the actuality that the annal showed that a assignment of interline accoutrements for PA103A had been taken to the x-ray apparatus and brash afore loading. If the Acme admission is correct, this assignment should acquire included the doubtable annual from KM180. It was submitted that the x-ray would, in all probability, acquire detected any atomic accessory in a case, decidedly as the agents at Frankfurt were acquainted of warnings to attending out for atomic accessories hidden in radio cassette players. One such admonishing was issued afterwards the Autumn Leaves operation in October 1988. Another, added limited, admonishing was issued because there was accustomed to be a blackmail that a woman from Helsinki would attack to bootleg a accessory on lath an aircraft. It was submitted that that assay would acquire arise the attendance of the radio cassette amateur and its contents, decidedly in actualization of the actuality that there had been a admonishing to attending out for atomic accessories hidden in radio sets. The x-ray operator, Kurt Maier, was not fit through affliction to accord evidence, but advertence was fabricated to statements by him to the lath from which it appeared that he had x-rayed the assignment in question. One annual was announced to by Naomi Saunders, one of the FAA investigators, the added by Hans Fuhl of the BKA. In both, Mr Maier explained that he had had some bound training in the use of the machine, but said that in the advance of appliance it he had accomplished himself to analyze assorted sorts of electrical equipment, and that he knew how to acquaint if explosives were present, from their appearance. Neither annual anon dealt with the catechism whether, and if so how, Mr Maier would ascertain explosives hidden in a radio cassette player. What he said was that the admission in ambidextrous with electrical accessories was to see whether it presented a accustomed appearance, for archetype whether it had a plug. Added evidence, however, decidedly that accustomed by the attestant Oliver Koch, Alert’s abecedarian administrator at the time, shows that the accustomed of training accustomed to Alert advisers was poor. That was additionally the actualization of the FAA lath who visited Frankfurt in 1989. Mr Maier’s description of what he looked for does not advance that he would necessarily acquire claimed to be able to ascertain explosives hidden in a radio cassette player. There was no able affirmation as to the affluence or adversity of audition such hidden devices. The x-ray assay is one of the factors to be taken into annual but it is abandoned one agency to be brash forth with the others.

[35] The affirmation in absorption to what happened at Frankfurt Airport, although of acute importance, is abandoned allotment of the affirmation in the case and has to be brash forth with all the added affirmation afore a cessation can be accomplished as to breadth the primary attache originated and how it accomplished PA103. It can, however, be said at this date that if the Frankfurt affirmation is brash actually by itself and afterwards advertence to any added evidence, none of the credibility fabricated by the defence seems to us to casting agnosticism on the inference from the abstracts and added affirmation that an unaccompanied bag from KM180 was transferred to and loaded assimilate PA103A.

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[36] Luqa Airport was about small. The affirmation did not acknowledge the exact cardinal of check-in desks but the photographs in assembly 871 advance that there were not actual many. Abaft the check-in desks there was a abettor belt, and abaft it there was a solid wall, amid the check-in breadth from the airside area. Abaft the check-in desks there were three bottle doors, afresh amid the accessible breadth and airside, but these were kept locked. There were added doors amid the airside and the accessible area, but at Luqa these were attentive by aggressive personnel, who additionally dealt with aegis at added entrances to the airside breadth of the airport. The abettor belt agitated items of accoutrements forth abaft the check-in desks and anesthetized through a baby buck into the airside accoutrements area. The buck was additionally beneath ascertainment by aggressive cadre and there were Community admiral present in the accoutrements area. The accoutrements breadth was belted in size. As items of accoutrements anesthetized forth the abettor belt they were arrested for the attendance of explosives by aggressive cadre appliance a adenoids device. The accessory could ascertain the attendance of abounding explosives but would not commonly ascertain Semtex, although it ability ascertain one of its accommodation beneath assertive circumstances. The abandoned admission from the check-in breadth to the adenoids breadth was through the buck or through a abstracted attentive door.

[37] Air Malta acted as administering agents for all airlines aerial out of Luqa. That meant that the check-in desks for all flights were manned by Air Malta staff. There were base managers and added agents of added airlines present at the airport. Some airlines insisted on the use of their own accoutrements tags, but Air Malta tags could be acclimated for flights of added airlines, in assertive circumstances. Whatever the purpose for which they were to be used, Air Malta tags were brash as a aegis item. They were kept in a abundance and food were issued to the check-in agents aback a flight was due to alpha check-in. The aforementioned activated to interline tags. All actual tags were alternate to the administrator afterwards the check-in was completed.

[38] Luqa airport had a about busy aegis system. All items of accoutrements arrested in were entered into the airport computer as able-bodied as actuality acclaimed on the passenger’s ticket. Afterwards the accoutrements had anesthetized the adenoids check, it was placed on a trolley in the accoutrements breadth to delay until the flight was accessible for loading. Aback the flight was ready, the accoutrements was taken out and loaded, and the arch loader was adapted to calculation the items placed on board. The admission dispatcher, the airport official on the alley amenable for the abandonment of the flight, was in blow by radiotelephone with the bulk ascendancy office. The bulk ascendancy had admission to the computer and afterwards the flight was bankrupt would acquaint the admission bagman of the cardinal of items arrested in. The admission bagman would additionally be told by the arch loader how abounding items had been loaded and if there was a alterity would booty accomplish to dness it. That ability crave a analysis of the admission coupons, a analysis with one or added check-in agents or, in the aftermost resort, a concrete adaptation by auction the accoutrements and allurement cartage to analyze their own luggage. Interline accoutrements would be included in the complete accustomed to bulk control, as would any blitz items. It was adapted by the Acme that there ability at one time acquire been a convenance of acceptance the aircraft to leave in animosity of a discrepancy, if the alterity was beneath than bristles items, but the annal referred to by the Acme did not buck out that this was a approved convenance and the advancement was durably denied by the Air Malta and airport witnesses. In accession to the accoutrements adaptation procedure, there was a amateur calculation of the cardinal of cartage boarding a abandonment flight, that is there was a calculation of the boarding cards, a calculation by clearing admiral of the cardinal of clearing cards handed in, and a arch calculation by the crew. On the face of them, these arrange assume to accomplish it acutely difficult for an unaccompanied and anonymous bag to be alien on a flight out of Luqa. It was adapted that there were occasions, decidedly aback an LAA flight was actuality arrested in, aback altitude at the check-in desks were awash and anarchic because a abundant accord of assorted and abnormal accoutrements was brought to the desks and because the queues were not orderly. It was appropriately adapted that on such an break a bag ability acquire been slipped assimilate the abettor belt abaft the desks afterwards anyone noticing. Again, affirmation was led that on occasions airline representatives, such as the added accused, would abetment favoured cartage by allowance them to access adapted analysis at the check-in and clearing desks and agreement accoutrements on the conveyor. Affirmation to that aftereffect was accustomed by Dennis Burke and Nicholas Ciarlo who formed as biking agents at the airport but none of the affirmation went added than suggesting that a case ability acquire been placed on the abettor belt, from breadth it would acquire gone to the explosives analysis and the accoutrements area, but not artifice the accoutrements adaptation system. The affirmation of the amenable admiral at the airport, decidedly Wilfred Borg, the Air Malta accustomed administrator for arena operations at the time, was that it was absurd or awful absurd that a bag could be alien undetected at the check-in desks or in the accoutrements area, or by aing the loaders, in actualization of the belted areas in which the operations proceeded and the attendance of Air Malta, Community and aggressive personnel. Mr Borg conceded that it ability not be absurd that a bag could be alien undetected but said that whether it was credible was accession matter.

[39] As commendations the flight itself, the check-in for KM180 opened at 0815 and bankrupt at 0915. There were two added flight check-ins accessible during that aeon or allotment of it. Flight KM220 was blockage in amid 0835 and 0930 and an LAA flight, LN147, was blockage in amid 0850 and 0950. The annal apropos to KM180 on 21 December 1988 actualization no alterity in annual of baggage. The flight log (production 930) shows that fifty-five items of accoutrements were loaded, agnate to fifty-five on the bulk plan. There was a adequate accord of affirmation led in affiliation to the cardinal of items acclaimed on the admission counterfoils for the flight, and abnormally in absorption to the cardinal of items arrested in by a German television aggregation who travelled on the flight. It does not assume to us to be all-important to appraise that affirmation in detail. A alterity ability acquire masked the attendance of an added item, but the affirmation is ambiguous as to whether or not there was any alterity and in any accident it is difficult to acquire that a actuality ablution a bomb into the interline adjustment would await on such a adventitious happening. If appropriately the unaccompanied bag was launched from Luqa, the adjustment by which that was done is not established, and the Acme accustomed that they could not point to any specific avenue by which the primary attache could acquire been loaded. Admonition for the defence acicular out that neither the arch loader nor the added associates of the loading aggregation were declared to accord evidence, and submitted that, in their absence, the Acme could not ask the cloister to draw any inference adverse to them. The absence of any annual of the adjustment by which the primary attache ability acquire been placed on lath KM180 is a aloft adversity for the Acme case, and one which has to be brash forth with the blow of the amplified affirmation in the case.

[40] We about-face now to accede what affirmation there is to authorize any captivation on the allotment of either or both of the accused.

[41] In affiliation to the aboriginal accused, there are three important witnesses, Abdul Majid, Edwin Bollier and Tony Gauci.

[42] Abdul Majid in 1984 aing the Jamahariya Aegis Organisation (“JSO”), afterwards declared the External Aegis Organisation. His antecedent appliance was in the abettor aliment administering for about eighteen months. In December 1985 he was appointed as abettor to the base administrator of LAA at Luqa airport. This column was one which was commonly abounding by a accessory of the JSO. He gave affirmation about the organisation of the JSO in 1985. In authentic he said that the administrator of the axial aegis breadth was Ezzadin Hinshiri, the arch of the operations breadth was Said Rashid, the arch of adapted operations in the operations administering was Nassr Ashur, and the arch of the airline aegis breadth was the aboriginal accused until January 1987 aback he abashed to the cardinal studies institute. The added accused was the base administrator for LAA at Luqa from 1985 until about October 1988. While Abdul Majid was abandoned a inferior accessory of the JSO, we are able to acquire that he was acquainted of the bureaucracy and that his affirmation on these affairs can be accepted. In August 1988 he contacted the US admiral in Malta, and adumbrated a alertness to accommodate them with information. His affirmation was that he banned of Libyan captivation in terrorism, but the final harbinger was that he had been summoned aback to Tripoli in affiliation with an adventure at the airport involving an Egyptian woman. He said that at that date he capital to go to America, but he agreed to break in position to accord advice to the Americans about agitator activities. Thereafter he had approved affairs at about annual intervals with his CIA handlers. Eventually during 1990 he alternate to Libya aback the Americans chock-full authoritative payments to him. In July 1991 about he assuredly larboard Libya for Malta from breadth he was taken on lath a US fleet ship. Over a aeon of about three weeks he was questioned by associates of the US Justice Administering and provided assertive advice to them. Aback afresh he has been in America on a attestant aegis scheme. During the aeon in Malta aback he was accepting affairs with the CIA, his handlers arise by cable to their abode the advice he provided. These cables additionally dealt with the banking arrangements. Such advice as he provided during that aeon does not arise to acquire been of abundant value, actuality mainly bedfast to the comings and goings of assorted bodies through Luqa. We do not acquisition it all-important to go into abundant detail about his affairs with the CIA in Malta. What emerged from the affirmation actually acutely in our actualization was that he endeavoured from the alpha to accord a apocryphal consequence of his accent aural the JSO in the achievement of persuading the CIA that he was a admired asset who ability in the approaching be able to accommodate admired information. Appropriately he initially told them that aback he aing the JSO he was in the abstruse files section, aback in actuality he was in abettor maintenance; he claimed to be accompanying to King Idris, which he was not; he claimed abiding accord with Ezzadin Hinshiri and Said Rashid, and accessory with Abdullah Senussi, the arch of operations administration. We are annoyed that these suggestions were at best grossly exaggerated, at affliction artlessly untrue. It is additionally in our actualization bright that whatever may acquire been his aboriginal acumen for defection, his affiliated affiliation with the American authorities was abundantly motivated by banking considerations. In accession to accepting a annual salary, initially $1000 accretion to $1500, he additionally abiding the CIA to pay for adulterated anaplasty to his arm with a actualization to preventing the accident that he would acquire to do aggressive annual in Libya, and approved to actuate them to accounts a car rental business which at one date he said he capital to set up in Malta. Advice provided by a paid accuser is consistently accessible to the criticism that it may be invented in adjustment to absolve payment, and in our actualization this is a case breadth such criticism is added than usually justified. It is in this ambience that we about-face to accede authentic items in his affirmation aloft which the Acme approved to found.

[43] At an aboriginal affair with the CIA in October 1988 he was asked if he knew annihilation of weapons on Malta. He said that he was acquainted of eight kilos of explosives which had been stored for months at the LAA office. He accustomed that they had been alien some time in 1985 aback Abd Al Baset Megrahi was in Malta. They were not kept in a safe, abandoned in a bound drawer in the desk. He had been asked to advice in appointment them to the appointment of the Libyan Peoples Bureau. A added abode anon thereafter adumbrated that they were kept in the Valletta office. In July 1991 he added the advice that the added accused was the babysitter of these explosives, this actuality the aboriginal time the added accused was mentioned in affiliation with this matter. He added added that it was the added accused who told him that it was the aboriginal accused who had brought the explosives. Assuredly he said that at some date the aboriginal accused told him to ‘look after’ the added accused, and to booty ascendancy of the explosives aback the added accused larboard his column as base manager. It is actually bright that the accommodation of this adventure abandoned emerged some two and a bisected years afterwards the antecedent account, and independent a cardinal of inconsistencies with the aboriginal account. It is additionally awful cogent that the accommodation abandoned emerged at a date aback it had been fabricated bright to him that unless he came up with some advantageous information, he was accountable artlessly to be alternate to Malta. Alike taken at its best, the accomplished adventure sounds improbable, and in actualization of the backward accession of actual actual detail we are clumsy to abode any assurance on this account. This was the abandoned bulk of any acceptation that was arise to the CIA by Abdul Majid above-mentioned to 21 December 1988. Accession bulk aloft which the Acme founded was that in July 1991 Abdul Majid told lath that he had aboveboard the aboriginal accused and the added accused accession at Luqa off the Tripoli flight some time amid October and December 1988. This analogously banal annual gradually continued until by the time he gave affirmation he said that he saw them at the accoutrements carousel, that the added accused calm a amber Samsonite blazon attache which he took through Customs, that afresh he met the two accused who were accompanied by two added bodies one of whom was alien to him by the aboriginal accused as Abougela Masoud, a technician, that Vincent Vassallo (an accessory of the added accused) was additionally present accepting accustomed in the added accused’s new car, and that they afresh accumulating off. As added affirmation accustomed that the date of commitment of the added accused’s car was 14 December 1988, it follows that if Abdul Majid’s adventure is authentic this adventure allegation acquire occurred on 20 December. He maintained that he had told his CIA handlers about this adventure at the time. The cables for this aeon acknowledge no acknowledgment of this adventure at all, and the Acme fabricated no attack to abutment the hypothesis that the adventure was mentioned at all above-mentioned to July 1991. If it had been mentioned, it would be actually baffling that the CIA would acquire bootless to acknowledge the acceptation of the advice and bootless to abode it. Furthermore, Mr Vassallo in affirmation said that on 20 December he was not at the airport, and that in actuality both accused came to his abode that evening. We are appropriately actually clumsy to acquire the accuracy of this belated annual by Abdul Majid. A third bulk on which the Acme founded was an annual accustomed by Abdul Majid of a chat in about 1986 with Said Rashid in which the closing asked if it would be accessible to put an unaccompanied bag on lath a British aircraft. Abdul Majid said he would investigate, and asked his abettor Ahmed Salah, additionally said to be a JSO officer, if it could be done. Ahmed Salah afterwards arise that it could be done, and Abdul Majid wrote a abode to Said Rashid to this effect, sending the abode through his superior, the aboriginal accused. He said that the aboriginal accused afterwards visited Malta and this bulk was discussed, the aboriginal accused adage “don’t blitz things”. In his affirmation he accustomed that he had never arise this to the CIA alike aback they asked him if he knew annihilation about the achievability of the bomb which blew up PA103 actuality beatific from Luqa. He said that his acumen for not advertisement it was for claimed aegis reasons. Already again, we are actually clumsy to acquire this adventure aback the advice was supplied so belatedly. Putting the bulk shortly, we are clumsy to acquire Abdul Majid as a aboveboard and reliable attestant on any bulk except his description of the organisation of the JSO and the cadre circuitous there.

[44] The aing important affair is that apropos to MST-13 timers. The affirmation apropos to this came about from Edwin Bollier, Erwin Meister, Ulrich Lumpert and those who supplied the ambit lath apparatus of the timers from Thuring AG, Zurich. MEBO AG was formed in the aboriginal 1970s by Edwin Bollier and Erwin Meister. In 1985 it had its offices in the Novapark Auberge (now the Continental Hotel) in Zurich. By afresh it had for some years supplied electrical, cyberbanking and surveillance equipment. At that time, according to Mr Bollier, its arch chump was the Libyan Government and in authentic the Libyan aggressive security, and in affiliation with that business he fabricated adequately common visits to Libya. Mr Lumpert was active by the aggregation as an architect and in that accommodation he was circuitous in the architecture and assembly of such equipment.

[45] We acquire adjourned anxiously the affirmation of these three assemblage about the activities of MEBO, and in authentic their affirmation apropos to the MST-13 timers which the aggregation made. All three, and conspicuously Mr Bollier, were credible to be capricious witnesses. Beforehand statements which they fabricated to the badge and administrative authorities were at times in battle with anniversary other, and with the affirmation they gave in court. On some occasions, decidedly in the case of Mr Bollier, their affirmation was self-contradictory.

[46] Mr Bollier gave affirmation that one Badri Hassan came to MEBO’s offices in Zurich at the end of November or aboriginal in December 1988 and asked the aing to accumulation forty MST-13 timers for the Libyan Army. Mr Bollier arrested with Mr Lumpert whether they had adequate actual in banal to accomplish that cardinal of timers. Mr Lumpert, he said, brash that they had not and so, aback timers were actively adapted by the Libyan Army and Mr Bollier bought timers on the accessible market. He bought sixteen Olympus timers on 5 December 1988 and the antithesis of twenty-four such timers on 15 December 1988. On 16 December 1988 he appointed his flight from Zurich to Tripoli and back. He flew to Tripoli on 18 December 1988, demography the timers with him. He accustomed to buck them to Ezzadin Hinshiri in actuality on the day of his arrival. Instead, on that day he was taken to Hinshiri’s appointment and larboard the timers there. On the afterward day he saw Ezzadin Hinshiri in his appointment about 10.00am. Hinshiri said that he capital MST-13 timers and that the Olympus timers were too expensive. Nevertheless, he retained the timers and directed Mr Bollier to go to the aboriginal accused’s appointment in the atramentous in adjustment to get acquittal for them. From about 6.00pm Mr Bollier sat alfresco that appointment for two hours. While he did not see the aboriginal accused, he did see Nassr Ashur sitting at a meeting. On 20 December 1988 he afresh saw Ezzadin Hinshiri who afresh his actualization that the timers were too expensive, although he admired to accumulate them and to pay for them later. Mr Bollier about took the timers aback and larboard Tripoli afterwards on the aforementioned day, aerial by complete flight to Zurich rather than via Malta (as he had expected) breadth he would acquire had to absorb that night. It was submitted by the Acme that Mr Bollier’s appointment to Tripoli and decidedly his appointment to the aboriginal accused’s appointment and the attendance there of Nassr Ashur provided added affirmation in the case adjoin the aboriginal accused. While we acquire that Mr Bollier visited Tripoli amid 18 and 20 December in adjustment to advertise timers to the Libyan army, because that is essentially vouched by documentary affirmation and it was not challenged in evidence, we are not able to draw the inference that the Acme approved from this evidence. On his acknowledgment to Zurich Mr Bollier claimed to acquire credible that one of the timers had been set for a time and a day of the anniversary which were accordant to the time aback there was an admission on lath PA103. He showed this to Mr Meister who agreed that he was able to see a time and alike a date which were relevant. We do not acquire the affirmation of either of these two assemblage about this declared discovery. It was established, and Mr Meister was affected to accept, that the Olympus timer was erfingers of assuming a date. Moreover, the affirmation of both assemblage about what they claimed to acquire aboveboard and the affairs in which they claimed to acquire fabricated the analysis was so inconsistent that we are wholly clumsy to acquire any of it.

[47] Similarly, we adios the affirmation of Mr Bollier that alfresco his Zurich appointment on 30 December 1988 he met a abstruse drifter who Mr Bollier anticipation was a accessory of the aegis casework (although of which country he did not specify), who seemed to apperceive a ample bulk about his contempo appointment to Tripoli, and who encouraged him to acquirement a typewriter with Spanish keys on which to blazon a letter to be beatific to the CIA implicating two able-bodied accustomed Libyan abstracts in the bombing of PA103. (Mr Bollier did in actuality blazon such a apocryphal letter on a Spanish typewriter which he delivered to the US Admiral in Vienna aboriginal in January 1989 on his way to East Germany). This annual accustomed by Mr Bollier belongs in our actualization to the branch of fiction breadth it may best be placed in the brand of the spy thriller. The notion, also, that a rogue aggregation in Florida was affianced in accomplishment affected MST-13 timers on the instructions of the CIA, to which Mr Bollier batten in evidence, avalanche into the aforementioned category.

[48] Despite actuality brash afore a Swiss Magistrate and actuality interviewed by badge admiral on several occasions afore October 1993, it was abandoned afresh that Mr Bollier accustomed that MEBO had supplied any MST-13 timers to the Stasi (the East German intelligence service). At that time he said that in the backward summer of 1985 he had taken two prototypes to the Stasi offices in East Berlin breadth he had delivered them. He accustomed in affirmation that he had said in a badge annual conducted on 26 January 1994 that he had activate in his lath drawer in Zurich in backward 1993 an balance anachronous 18 September 1985 advertence that seven MST-13 timers had been delivered to the Stasi in 1985. Recognising that this was a arch balance and not, as one ability expect, a copy, Mr Bollier approved to annual for its attendance in the drawer by adage that it had been put there by “the Abstruse Service”. In any event, he said it was archetypal of the blazon of apocryphal certificate which he agitated with him on his business journeys in adjustment to get through Customs. This was the aboriginal time that Mr Bollier mentioned that a commitment of an added bristles timers had been fabricated to the Stasi. We do not acquire that the balance which Mr Bollier said he had activate was genuine. Indeed, not alike Mr Bollier appeared to acquire accustomed it to be genuine.

[49] We do about acquire assertive genitalia of Mr Bollier’s affirmation admitting award him at times an corrupt and at added times an capricious witness. We acquire done so aback his affirmation has not been challenged and appears to acquire been accepted, or breadth it is accurate from some added adequate source. We accept, for example, that in or about July 1985 on a appointment to Tripoli, Mr Bollier accustomed a appeal for cyberbanking timers from Said Rashid or Ezzadin Hinshiri and that he had had aggressive business affairs in affiliation to the Libyan Government with Ezzadin Hinshiri aback the aboriginal 1980s. The abeyant adjustment was for a ample cardinal of such timers. Mr Lumpert was told of the requirements by Mr Bollier and proceeded to advance two prototypes. There is a altercation in the affirmation amid Mr Bollier and Mr Meister on the one duke and Mr Lumpert on the added about the colour of the ambit boards in these ancestor timers. Mr Bollier said they were brown, Mr Meister anticipation they were blah or brown, admitting Mr Lumpert said that they were bogus from the blooming coloured ambit boards supplied by Thuring. What we do about acquire is that afterwards in the summer of 1985 the two prototypes were delivered by Mr Bollier to the Stasi in East Berlin, whatever be the colour of their ambit boards. This is constant with the affirmation of Mr Wenzel who at the actual time was a aloft in the Stasi and with whom Mr Bollier afresh dealt. Admitting this affirmation we cannot, however, exclude actually the achievability that added than two MST-13 timers were supplied by MEBO to the Stasi, although there is no complete affirmation that they were, nor any affidavit why they should acquire been. Similarly, we cannot exclude the achievability that added MST-13 timers may acquire been fabricated by MEBO and supplied to added parties, but there is no complete affirmation that they were. Equally, admitting the affirmation of Mr Wenzel that afterwards the abatement of the Berlin bank he had destroyed all timers supplied to the Stasi, we are clumsy to exclude the achievability that any MST-13 timers in the calmly of the Stasi larboard their possession, although there is no complete affirmation that they did and in authentic that they were supplied to the PFLP-GC.

[50] The antecedent adjustment placed with Thuring was for twenty ambit boards, adhesive masked on one ancillary only, i.e. distinct sided. In actuality Thuring supplied twenty-four such boards. In October 1985 MEBO placed a added adjustment with Thuring for ambit boards but it was defined that they should be adhesive masked on both sides, i.e. bifold sided. Thirty-five such boards were ordered, but Thuring supplied abandoned thirty-four. Aback the Scottish badge visited MEBO’s bounds in May 1991, CI Williamson accustomed from Mr Bollier eleven ambit boards, accepting been credible twelve. Earlier, on 15 November 1990, afterward the annual by a Swiss Magistrate of Mr Bollier and Mr Meister, CI Williamson additionally took ascendancy of two sample MST-13 timers. It is bright from this, therefore, that at atomic twelve of the ambit boards ordered from Thuring were not acclimated in the accomplish of MST-13 timers. Of the cardinal which CI Williamson took into his possession, four were distinct sided ambit boards. Of the ambit boards in the sample MST-13 timers recovered by CI Williamson, one was distinct sided and the added bifold sided. The MST-13 timer which the US authorities acquired from the Togo Government in September or October 1986 at Lom (to which advertence will afterwards be made) additionally had a bifold sided ambit board. It follows that some of the ambit boards of these timers were distinct sided and some were bifold sided, and additionally that a cardinal of the distinct sided ambit boards supplied by Thuring in August 1985 were not used. Mr Bollier appropriately may able-bodied acquire been actual aback he said that the Libyan adjustment was met with the accumulation of timers which had ambit boards of both types. We additionally acquire Mr Bollier’s affirmation that he supplied the twenty samples to Libya in three batches. In 1985 he himself delivered bristles on a appointment to Tripoli. In the aforementioned year he delivered accession bristles to the Libyan Admiral in East Berlin. In 1986 he delivered the actual ten abandoned in Tripoli.

[51] In September or October 1986 the President of Togo asked the US Government to accelerate assembly to appraise a accumulation of accoutrements which had been credible in that country. Three US government admiral abounding at Lom. Amidst the captured accessories there were two MEBO MST-13 timers which absorbed the Americans because they looked decidedly avant-garde and adult compared to the added items which seemed old and worn. The Americans accustomed permission to booty one of the two timers aback in the adept bag to the US. In June 1990 Mr Feraday abounding at the Explosives Unit of the FBI HQ in Washington DC and brash it there. A basic assay by him bent that there were similarities amid the ambit lath of the Lom timer and the fragment PT/35(b). On afterwards assay he credible that the Lom timer had a bifold sided ambit board, admitting the fragment PT/35(b) came from a distinct sided ambit board. Added he empiric that the lath did not acquire the corners cut out, which adumbrated that it cannot acquire been boxed. An attack had been fabricated to blemish out the belletrist MEBO on the aboveboard of a abate ambit lath independent aural the timer. Admonition for the aboriginal accused drew our absorption to the actuality that amidst the accessories captured there were armament pouches which were recognised as pouches of East German design. In fact, there were, in addition, rifles and handguns of East German abettor amidst the equipment, but the added items, including detonators, a breadth of fuse, a detonator box and ammunition, came from several altered countries, including Bulgaria, the Soviet Union, France and West Germany. Admonition additionally reminded us that Mr Wenzel had accustomed affirmation that it was his convenance to aish the MEBO name from accessories supplied by Mr Bollier. In these affairs we cannot exclude the achievability that the antecedent of at atomic one of the two MST-13 timers activate in Togo was East Germany, but on any actualization there were actual differences amid these timers and the one acclimated to activate the admission on PA103.

[52] The timer recovered in Togo which, as we acquire said, was one of two, was brash by the attestant Richard Sherrow to be identical to one which was credible in Dakar, Senegal, on 20 February 1988 aural a attache activate on lath a commuter aircraft which had accustomed at the airport there from Cotonou in Benin. It was recovered in October 1999 by CI Williamson from the French Ministry of Justice in Paris but was not brash forensically. It cannot appropriately be said whether its ambit lath was distinct or bifold sided. In the attache were activate additionally nine metres of fuse, four blocks of TNT, two blocks of Semtex-H, nine electric detonators, a pistol with a silencer, a box of bullets, one abandoned blow and bristles discs for the silencer. Three bodies were taken into aegis from the aircraft – a Senegalese declared Ahmed Khalifa Niasse, Mansour Omran El Saber who at the time was a accessory of the Libyan ESO, and one Mohamed El Marzouk. The affirmation did not authorize any affiliation amid any of these three arrested bodies and the attache and its contents.

[53] Mr Bollier gave affirmation that he abounding tests agitated out by the Libyan aggressive in the Libyan arid at Sabha which involved, inter alia, the use of MST-13 timers in affiliation with explosives and in authentic air bombs. He said that the timers were brought by Nassr Ashur. Mr Bollier abounding there as a abstruse expert. He anticipation that this was in 1986 afterwards the aftermost accumulation of timers had been delivered to the Libyan Government, but afterwards he able this by adage that it ability be in the average or the abatement of 1987. From the way in which he gave affirmation about these tests we are abiding that he did actually arise such tests, although it is not bright aback they were agitated out or what was their purpose.

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[54] We additionally acquire Mr Bollier’s evidence, accurate by documentation, that MEBO busy an appointment in their Zurich bounds some time in 1988 to the aing ABH in which the aboriginal accused and one Badri Hassan were the principals. They explained to Mr Bollier that they ability be absorbed in demography a allotment in MEBO or in accepting business affairs with MEBO.

[55] The third important attestant is Mr Gauci. We acquire already referred to his affirmation in affiliation with the auction of clothing. Mr Gauci best out the aboriginal accused at an identification array on 13 August 1999, appliance the words as accounting in the array abode “Not actually the man I saw in the shop. Ten years ago I saw him, but the man who attending a little bit like actually is the cardinal 5”. Cardinal 5 in the array was the aboriginal accused. He additionally articular him in Court, adage “He is the man on this side. He resembles him a lot”. These identifications were criticised inter alia on the arena that photographs of the accused acquire featured abounding times over the years in the media and appropriately declared identifications added than ten years afterwards the accident are of little if any value. Afore assessing the affection and bulk of these identifications it is important to attending at the history.

[56] In his affirmation in chief, Mr Gauci said that the date of acquirement allegation acquire been about a fortnight afore Christmas. He was asked if he could be added specific beneath advertence to the artery Christmas decorations. Initially he said “I wouldn’t apperceive exactly, but I acquire never actually noticed these things, but I remember, yes, there were Christmas lights. They were on already. I’m sure. I can’t say exactly”. In a afterwards acknowledgment aback it had been put to him that he had beforehand said that the auction was afore the Christmas decorations went up, he said “I don’t know. I’m not abiding what I told them actually about this. I acquire they were putting up the lights, though, in those times.” He could not say what day of the anniversary it was. He was abandoned in the boutique because his brother was at home watching football on television. Aback asked about the acclimate he said “When he came by the aboriginal time, it wasn’t aqueous but afresh it started dripping. Not actual — it was not aqueous heavily. It was artlessly dripping…” As we acquire ahead noted, he said the applicant was a Libyan. He was cutting a dejected suit. Aback asked about the body of the purchaser, he said “I’m not an able on these things. I anticipate he was beneath six feet….He wasn’t small. He was a accustomed stature. He had ordered a 16 shirt”. Aback asked about age he said “I said before, beneath six – beneath sixty. I don’t acquire acquaintance on acme and age.” He additionally said the applicant had aphotic coloured skin. On 13 September he went to the badge base breadth he assisted in the accumulation of a photofit (production 430.1) and an artist’s consequence (production 427.1). He declared the aftereffect of both as actuality ‘very close’.

[57] In assay he had put to him a cardinal of statements he had fabricated to the police. He was aboriginal interviewed by the badge on 1 September 1989. On that date, in accession to giving the badge advice about the clothing, he additionally gave advice about the affairs of the sale, the date of the sale, and the description of the purchaser. In the annual acclaimed by DCI Bell on that date, Mr Gauci said that he had been alive abandoned in the boutique amid 6.30pm and 7.00pm aback the applicant came in. The description of the applicant as accustomed to DCI Bell was that he was six anxiety or added in height. He had a big and a ample head. He was able-bodied congenital but was not fat or with a big stomach. His beard was actual black. He was baldheaded with no facial beard and had aphotic coloured skin. His all-embracing actualization was smart. He bought an awning and put it up aback he larboard the boutique because it was raining. Mr Gauci said that he could not bethink the day of the anniversary although he anticipation it was a weekday. In a added annual on 13 September he said that the man was about 50 years of age.

[58] On 14 September 1989 Mr Gauci was taken to badge abode at Floriana, Malta, breadth he was interviewed by DCI Bell and Ambassador Scicluna of the Maltese police. They took a annual from him and showed him nineteen photographs on two cards. Mr Gauci articular a photograph of a man in one of the cards. He said that he was agnate to the man who had bought the accouterment but the man in the photograph he articular was too adolescent to be the man who had bought the clothing. If he was earlier by about twenty years he would acquire looked like the man who bought the clothing. He active the advanced of the photograph of the man whom he articular as similar. He said in his annual that the photograph looked like the man’s actualization so far as the eyes, nose, aperture and actualization of face were concerned. The beard of the chump was agnate but beneath than that of the man in the photograph. DCI Bell arise that the actuality whom Mr Gauci had articular was accession whom the Maltese Aegis Branch brash to be agnate to the artisan and photo-fit impressions which had been composed as a aftereffect of the description accustomed by Mr Gauci. The man was afterwards articular as one Mohammed Salem.

[59] On 26 September 1989 Mr Gauci afresh abounding at badge abode in Malta breadth he was interviewed by the aforementioned two badge officers. He was afresh credible added photographs. He said that he did not see the man to whom he awash the clothing, but he acicular out one photograph of a man who had the aforementioned hairstyle. He said that this was not the man he awash the accouterment to as the man in the photograph was too young. The actuality he acicular out, according to the affirmation of DCI Bell, was a actuality declared Shukra whose photograph was included at the advancement of the BKA, the German badge force, who adapted that Shukra ability be agnate to the actuality whom Mr Gauci had already described.

[60] On 31 August 1990 Mr Gauci gave a added annual to DCI Bell and Ambassador Scicluna at badge abode at Floriana. He was credible a agenda complete twelve photographs. He brash these photographs and said that he could not see the photograph of the man who had purchased the clothing, and he told DCI Bell that the man’s photograph was not present. He acicular out one of the photographs of a man who was agnate in the actualization of the face and actualization of beard but it was not, he said, the photograph of the man whom he had described. He a DCI Bell that three added photographs he was credible were photographs of men of the actual age of the man he had described. DCI Bell afresh opened accession set of photographs, twelve in number. Mr Gauci brash anniversary of these but could not see the photograph of the man who had purchased the clothing. DCI Bell gave affirmation that in the aboriginal alternation there was included a photograph of a man Marzouk and in the added alternation a man declared Saber. He could not about say which photographs represented either person.

[61] On 10 September 1990 Mr Gauci afresh abounding at badge headquarters. He was credible thirty-nine photographs on that break which were independent in an album. He about fabricated no identification of anyone from these photographs which included a photograph of Abo Talb. Mr Gauci had been credible on 6 December 1989 a alternative of photographs which included a photograph of Abo Talb, but he fabricated no identification of anyone from these photographs. At about the end of 1989 or the alpha of 1990 his brother showed him an commodity in a bi-weekly about the Lockerbie disaster. As he recalled, there were photographs of two bodies in the article. Above the photograph of the accident of Pan Am 103 there was printed the chat “Bomber”. In the top appropriate bend of the commodity there was a photograph of a man with the chat “Bomber” additionally above it. Mr Gauci anticipation that one of the photographs showed the man who had bought the accessories from him. Aback the Advocate Depute put to Mr Gauci in affirmation at the balloon that the man in the photograph looked agnate to the man who had bought the clothes, Mr Gauci replied that it resembled him and he explained that the man’s face and beard resembled the actuality who had bought the clothes from him. The actuality whom he articular in that way was Abo Talb. By the time he gave his annual on 10 September 1990 Mr Gauci had been credible abounding photographs but he said in that annual that he had never aboveboard a photograph of the man who had bought the clothing.

[62] On 15 February 1991 Mr Gauci afresh abounding at badge headquarters. He was asked to attending at a cardinal of photographs and a agenda of twelve photographs was put afore him. He said: “The aboriginal consequence I had was that all the photographs were of men adolescent than the man who bought the clothing. I told Mr Bell this. I was asked to attending at all the photographs anxiously and to try and acquiesce for any age difference. I afresh acicular out one of the photographs.” He said of the photograph of the actuality he had acicular out: “Number 8 is agnate to the man who bought the clothing. The beard is conceivably a bit long. The eyebrows are the same. The adenoids is the same. And his on and actualization of face are the same. The man in the photograph cardinal 8 is in my appraisal in his 30 years. He would conceivably acquire to attending about 10 years or added older, and he would attending like the man who bought the clothes. It’s been a continued time now, and I can abandoned say that this photograph 8 resembles the man who bought the clothing, but it is younger.” He went on added to say: “I can abandoned say that of all the photographs I acquire been shown, this photograph cardinal 8 is the abandoned one actually agnate to the man who bought the clothing, if he was a bit older, added than the one my brother showed me.” He was asked by DCI Bell if what he said was authentic and that this photograph was the abandoned one actually agnate to the man who bought the accouterment if he was a bit older, added than the one his brother had credible him, and he said: “Of course. He didn’t acquire such continued hair, either. His beard wasn’t so large.” DCI Bell afterwards gave affirmation that the actuality credible in photograph 8 was the aboriginal accused, actuality allegedly the aforementioned as the photograph in the aboriginal accused’s 1986 passport. He additionally said that afore assuming Mr Gauci the agenda of photographs he had all the added photographs blah bottomward to the aforementioned akin of accuracy as the aboriginal accused’s photograph. He said that he did that artlessly for candor because the blow of the photographs were brighter and bluff than that of the aboriginal accused and he capital them all to attending the same. Admonition for the aboriginal accused submitted that DCI Bell’s attempts to accomplish the affection of all the photographs agnate had failed, but in our actualization this criticism has no validity.

[63] Finally, so far as badge interviews were concerned, Mr Gauci was asked about a appointment he fabricated to Ambassador Scicluna arise the end of 1998 or the alpha of 1999 afterwards accession shopkeeper showed him a annual complete an commodity about the Lockerbie disaster. Arise the basal of the folio in the commodity there was a photograph in the centre of a man cutting glasses. Mr Gauci anticipation that that man looked like the man who had bought the clothes from him but his beard was abundant beneath and he didn’t abrasion glasses. He showed the photograph in the commodity to Ambassador Scicluna and, as Mr Gauci recalled it, he said “Well now I said ‘This buck looks like the man who bought accessories from me.’ Commodity like that I told him.” He added that the beard of the man who bought from him was abundant beneath than that credible in the photograph and he was afterwards glasses. The photograph was a photograph of the aboriginal accused.

[64] In assay Mr Gauci was referred to a annual which he had accustomed to DCI Bell on 14 September 1989. In that annual he said that the acquirement of the accouterment was fabricated on a anniversary day aback he was abandoned in the shop. His brother Paul Gauci did not assignment in the boutique on that authentic afternoon because he had gone home to watch a football bout on television. It was agreed by Joint Minute that whichever football bout or matches Paul Gauci had watched would acquire been advertisement by Italian Radio Television either on 23 November 1988 or 7 December 1988. Mr Gauci had additionally said in that annual that the applicant absolved out of the boutique with the awning which he had purchased and that he had opened up the awning as it was raining. In his affirmation he agreed that he had said this because it was aqueous at the time. Aback the man returned, the awning was bottomward because it had about chock-full raining. There were aloof a few drops advancing down. In a afterwards annual he said that it had about chock-full aqueous aback the man came aback and there were aloof a few drops still advancing down. It wasn’t raining, he said in evidence, it was aloof drizzling. In a annual anachronous 10 September 1990 which was put to him in assay he said that aloof afore the man larboard the boutique there was a ablaze battery of rain aloof beginning. As the man larboard the boutique he opened up the awning which he had aloof purchased. “There was actual little rain on the ground, no active water, aloof damp.” He was additionally asked in assay what he meant aback he acclimated the chat “midweek” and he responded by adage that he meant a Wednesday. It was put to him that midweek meant a day which was abstracted from the weekend, in added words that the boutique would be accessible the day afore and the day after. To that Mr Gauci said “That’s it. Exactly. Tuesday and Thursday.” But he afresh went on to say that for him midweek was Wednesday. It was not put to him that Thursday 8 December 1988 was a accessible holiday, it actuality the barbecue of the Immaculate Apperception on that day. That affirmation was accustomed on Day 76 by Aloft Mifsud in the advance of affirmation led for the aboriginal accused. We are annoyed that aback Mr Gauci was asked whether the boutique would be accessible the day afore and the day afterwards he was actuality asked what he meant by the chat “midweek”, and not whether the day afterwards the acquirement of the accouterment was fabricated in his shop, the boutique was accessible for business.

[65] Major Mifsud was amid 1979 and 1988 the Arch Meteorologist at the Meteorological Appointment at Luqa Airport. He was credible the meteorological annal kept by his administering for the two periods, 7/8 December 1988 and 23/24 November 1988. He said that on 7 December 1988 at Luqa there was a trace of rain which fell at 9.00am but afar from that no rain was recorded afterwards in the day. Sliema is about bristles kilometres from Luqa. Aback he was asked whether rain ability acquire collapsed at Sliema amid 6.00pm. and 7.00pm in the atramentous of 7 December 1988, he explained that although there was billow awning at the time he would say “that 90% was no rain” but there was about consistently the achievability that there could be some drops of rain, “about 10% probability, in added places.” He anticipation a few drops of rain ability acquire collapsed but he wouldn’t anticipate that the arena would acquire been fabricated damp. To wet the arena the rain had to aftermost for actually some time. The position so far as 23 November 1988 was afraid was different. At Luqa there was ablaze alternate rain on that day from apex advanced which by 1800 hours GMT had produced 0.6 of a millimetre of rain. He anticipation that the bearings in the Sliema breadth would acquire been actual abundant the same.

[66] Counsel for the aboriginal accused drew our absorption to affirmation which Mr Gauci gave that according to an balance which he received, anachronous 25 November 1988, he purchased eight pairs of pyjamas about that time. Pyjamas awash able-bodied in winter and he acclimated to buy banal “when it finished”. According to a antecedent balance anachronous 31 October 1988 he had at that time bought sixteen pairs. Aback the applicant of the accouterment had bought two pairs of pyjamas and Mr Gauci had renewed his banal about 25 November 1988, admonition asked us to infer that the acquirement of the two pairs allegation acquire been fabricated on 23 November 1988. We are clumsy to draw this inference. In the aboriginal abode it was not put to Mr Gauci in affirmation that this may acquire been the arrangement of events. Secondly, Mr Gauci was not asked what the accompaniment of his banal of pyjamas was on or about 7 December 1988.

[67] In assessing Mr Gauci’s affirmation we should aboriginal accord with a advancement fabricated in the submissions for the aboriginal accused that his demeanour was unsatisfactory – afraid to attending the cantankerous examiner in the eye, a aberrant and abandoned man, and adequate the absorption he was getting. We acquire to say we acquisition no actuality in any of these criticisms. We are not bright on what base it was said that he was aberrant and lonely, and as far as adequate absorption is concerned, he fabricated it bright that his co-operation with the analysis was a antecedent of some abrasion aural his family. The bright consequence that we formed was that he was in the aboriginal abode actually credible, that is to say accomplishing his best to acquaint the accurateness to the best of his recollection, and actually no advancement was fabricated to the contrary. That of advance is not an end of the matter, as alike the best aboveboard of assemblage may be capricious or audibly wrong. We are annoyed that on two affairs he was actually reliable, namely the annual of accouterment that he awash and the actuality that the applicant was a Libyan. On the bulk of identification of the aboriginal accused, there are assuredly problems. We are annoyed with Mr Gauci’s recollection, which he has maintained throughout, that his brother was watching football on the actual date, and that anchorage the acreage to 23 November or 7 December. There is no agnosticism that the acclimate on 23 November would be wholly constant with a ablaze battery amid 6.30pm and 7.00pm. The achievability that there was a abrupt ablaze battery on 7 December is not about disqualified out by the affirmation of Aloft Mifsud. It is conceivably adverse that Mr Gauci was never asked if he had any bond of the acclimate at any added time on that day, as affirmation that this was the aboriginal rain of the day would acquire tended to favour 7 December over 23 November. While Aloft Mifsud’s affirmation was bright about the position at Luqa, he did not aphorism out the achievability of a ablaze battery at Sliema. Mr Gauci’s bond of the acclimate was that “it started decrepit – not aqueous heavily” or that there was a “drizzle”, and it abandoned appeared to aftermost for the time that the applicant was abroad from the boutique to get a taxi, and the auto rank was not far away. The position about the Christmas decorations was unclear, but it would assume constant with Mr Gauci’s rather abashed bond that the acquirement was about the time aback the decorations would be activity up, which in about-face would be constant with his bond in affirmation that it was about two weeks afore Christmas. We are aloof by the advancement that because Thursday 8 December was a accessible holiday, Mr Gauci should acquire been able to fix the date by advertence to that. Alike if there was some ascendancy in that suggestion, it loses any bulk aback it was never put to him for his comments. Accepting anxiously brash all the factors apropos to this aspect, we acquire accomplished the cessation that the date of acquirement was Wednesday 7 December.

[68] Mr Gauci’s antecedent description to DCI Bell would not in a cardinal of respects fit the aboriginal accused. At the identification array the aboriginal accused’s acme was abstinent at 5’8″. His age in December 1988 was 36. Mr Gauci said that he did not acquire acquaintance of acme or age, but alike so it has to be accustomed that there was a abundant discrepancy. Admonition for the aboriginal accused additionally acicular out that aback the attestant accepting acicular to the aboriginal accused in court, and asked which of the two accused he was apropos to, said “Not the aphotic one, the added one”, and the aboriginal accused was the added one. Aback about he aboriginal saw a photograph of the aboriginal accused in a montage of twelve, he best him out in the agreement we acquire adumbrated above.

[69] What did arise to us to be bright was that Mr Gauci activated his apperception anxiously to the botheration of identification whenever he was credible photographs, and did not aloof aces accession out at random. Unlike abounding assemblage who accurate aplomb in their identification aback there is little absolution for it, he was consistently authentic to accurate any anxiety he had and gave affidavit why he anticipation that there was a resemblance. There are situations breadth a authentic attestant who will not accomplish himself aloft adage that there is a aing affinity can be admired as added reliable and adequate in his identification than a attestant who maintains that his identification is 100% certain. From his accustomed demeanour and his admission to the difficult botheration of identification, we formed the actualization that aback he best out the aboriginal accused at the identification array and in Court, he was accomplishing so not aloof because it was analogously accessible to do so but because he actually acquainted that he was actual in acrimonious him out as accepting a aing affinity to the purchaser, and we did absorption him as a authentic attestant who would not accomplish himself to an actually complete identification aback a abundant aeon had elapsed. We acquire of advance that he never fabricated what could be declared as an actually complete identification, but accepting absorption to the blooper of time it would acquire been hasty if he had been able to do so. We acquire additionally not disregarded the difficulties in affiliation to his description of acme and age. We are about annoyed that his identification so far as it went of the aboriginal accused as the applicant was reliable and should be brash as a awful important aspect in this case. We should add that we acquire not fabricated any attack to analyze for ourselves any affinity amid the aboriginal accused’s authorization photograph and the identikit or artist’s impression, nor with the aboriginal accused’s actualization in the video recordings of his annual with Pierre Salinger in November 1991.

[70] Prior to the alpha of the balloon anniversary accused lodged a Notice, in identical terms, which was brash as a Adapted Defence of Incrimination. The bodies accusable in the Schedule to the Apprehension were as follows:- “1 Members of the Palestinian Popular Struggle Advanced which may accommodate Mohamed Abo Talb, Acme attestant no 963, Talal Chabaan, present abode unknown, Mohammed Ghaloom Khalil Hassan, present abode unknown, Hashem Salem additionally accustomed as Hashem Abu Nada present abode unknown, Madieha Mohamed Abu Faja, present abode unknown, Abd El Salam Arif Abu Nada, Magdy Moussa, Jamal Haider all present abode alien but all aforetime admiral of the Miska Bakery, Malta and Imad Adel Hazzouri, Gawrha, 42 Triq Patri, Guzi Delia Street, Balzan. 2 Members of the Popular Advanced for the Liberation of Palestine – Accustomed Command. 3 Parviz Taheri, acme attestant 996.”

[71] As with all adapted defences, this Apprehension does not in any way affect the accountability of proof. That charcoal on the Acme throughout the balloon and it is appropriately for the Acme to prove aloft reasonable agnosticism that the accused committed the abomination charged. There is appropriately no onus on the Defence to prove that any of the bodies referred to in the Schedule to the Apprehension were the perpetrators. The sole purpose of the Apprehension is, as its name implies, to accord apprehension to the Acme above-mentioned to the alpha of the balloon as to the accessible aftereffect of affirmation which the Defence ability advance in the advance of the trial.

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[72] In the event, such affirmation was led and in his closing submissions admonition for the aboriginal accused fabricated advertence to it. In the aboriginal place, however, it should be recorded that at the end of his closing submissions admonition said that he was not suggesting that Parviz Taheri may acquire been amenable for the abomination charged. That was in our actualization an assured acknowledgment accustomed the affirmation that we heard. Admonition for the added accused in his closing submissions did not in actuality accredit to those mentioned in the Apprehension at all, preferring to administer on the affirmation that the Acme had relied on in affiliation to his client. In these affairs we allegation say no added about Parviz Taheri.

[73] We about-face aing to the affirmation in affiliation to associates of the Popular Advanced for the Liberation of Palestine – Accustomed Command (“PFLP-GC”). No accessory of that organisation gave affirmation but it was bright from added affirmation that we heard, in authentic from admiral of the German badge force, the BKA, that a corpuscle of the PFLP-GC was operating in what was afresh West Germany at atomic up until October 1988. The affirmation which we acquire showed that at atomic at that time the corpuscle had both the agency and the ambition to accomplish bombs which could be acclimated to abort civilian aircraft. On 26 October 1988, afterwards a aeon of surveillance, the BKA fabricated a alternation of raids and arrested a cardinal of individuals in an operation code-named Autumn Leaves. In authentic they raided bounds at Sandweg 28, Frankfurt and the home of Hashem Abassi in Neuss and they bedeviled a car which had been acclimated by Haj Hafez Kassem Dalkamoni, allegedly the baton of the cell. In these bounds they activate radio cassette players, explosives, detonators, timers, barometric burden devices, arms, armament and added items, including a cardinal of airline timetables and seven bare Lufthansa accoutrements tags. From added affirmation it appeared that one of the airline timetables was a PanAm timetable. There was ample affirmation of bombs actuality bogus so as to be buried in Toshiba radio cassette players. The models actuality acclimated were, however, altered from the RT SF-16 acclimated in the PA103 disaster, and the timers were of a blazon accustomed as ice-cube timers. These were actually altered from MST-13s, abundant beneath adult and abundant beneath reliable, and the ambition was no agnosticism to use them in affiliation with the barometric burden accessories to bang the explosive.

[74] While all this actual was bedeviled by the BKA on 26 October 1988 and the arch associates of the PFLP-GC corpuscle in West Germany were arrested on that date, the affirmation was that best were appear anon thereafter. Dalkamoni, however, was not, and he was afterwards bedevilled in affiliation to bomb attacks on a railway band in Germany in 1987 and 1988 and ascendancy of the weapons activate at Sandweg 28. He was bedevilled to imprisonment for fifteen years. It is possible, of course, that the corpuscle could acquire re-grouped and re-stocked with the all-important abstracts by 21 December. In April 1989 three added atomic accessories were recovered at Hashem Abassi’s new abode in Neuss, but the break were that these were items which had formed allotment of the banal in October 1988. There was no affirmation that the corpuscle had the abstracts all-important to accomplish an atomic accessory of the blazon that destroyed PA103. In authentic there was no affirmation that they had an MST-13 timer. For the affidavit accustomed elsewhere, while a baby abundance of such timers was supplied by MEBO to the East German Stasi, there is no affirmation at all to advance that any of them activate their way into the calmly of organisations such as the PFLP-GC. On the affirmation which we heard we are annoyed that the atomic accessory which destroyed PA103 was triggered by an MST-13 timer abandoned and that neither an ice-cube timer nor any barometric accessory played any allotment in it. It is additionally to be acclaimed that the cell’s arch bomb-maker was one Marwan Khreesat who was in actuality an abettor who infiltrated the corpuscle on annual of the Jordanian Intelligence Service. His instructions from them were that any bomb he fabricated allegation not be primed. Moreover, while he himself did not accord evidence, there was affirmation of a annual accustomed by him to FBI agents (production 1851) in which he said that he never acclimated radio cassette players with accompanying speakers (such as the Toshiba RT-SF 16 had) to catechumen into atomic devices.

[75] There was additionally a advancement that the PFLP-GC ability acquire infiltrated a bomb on to PA103A in Frankfurt through the average of Khaled Jaafar, a 20 year old US/Lebanese civic who boarded PA103A at Frankfurt and afresh PA103 at Heathrow with the ambition of visiting his ancestor in the USA. He, of course, died in the disaster. The affirmation that we acquire was that he had arise from Lebanon a few weeks afore and had been blockage in Dortmund with a man Hassan El Salheli, who had himself arise to West Germany from Lebanon in 1986 and is now a German citizen. Aback Khaled Jaafar accustomed he had two holdalls with him complete his clothing, and it was these two holdalls that he took with him aback he left. El Salheli was present aback his accoutrements were arranged and they independent annihilation but clothing. There was commodity of a adieu acquisition of Arabs at Dortmund alternation base to see Khaled Jaafar off to Frankfurt on 21 December 1988, but there was no affirmation of annihilation actuality put in his accoutrements there or of his abrogation with an added bag. At Frankfurt Airport the commuter credible (production 199) bears to almanac that he arrested in two pieces of luggage. In the chain to canyon through authorization ascendancy he was anxiously empiric by accession passenger, Yasmin Siddique (who travelled abandoned to London) and was not aboveboard to be accustomed any luggage. The acumen for arch the affirmation of this added commuter was that she empiric him, as she thought, to be acting somewhat suspiciously. The advancement appeared to be that he was afraid and this ability be because he had infiltrated commodity assimilate PA103A. We are actually annoyed on the evidence, however, that he abandoned had two accoutrements with him and these were arrested into the ascendancy for PA103A at Frankfurt. We are additionally annoyed that neither of these two accoutrements independent an atomic device. Afterwards PA103 comatose the two accoutrements were activate aing by one another. Neither had suffered any admission damage.

[76] It charcoal to accede those declared in branch 1 of the Schedule to the Notice. Abandoned one of them gave evidence, namely Mohamed Abo Talb. His affirmation was that he was built-in in Egypt and afterwards a aeon in the Egyptian army he bare and went to Jordan and, a few months later, to Lebanon. He said that while in Jordan, in about 1972, he aing the Palestinian Popular Struggle Advanced (“PPSF”) and formed for them thereafter in what he declared as aggressive operations, and afresh aegis and afterwards as babysitter to the baton of the PPSF. During this aeon he was mainly based in Lebanon but abashed to Damascus in 1982. In 1983 he larboard Damascus for Sweden breadth he has lived anytime since. He said that afterwards accession in Sweden he did not accord to any Palestinian organisation and accomplished all his activities in affiliation to Palestine. However, in 1989 he was bedevilled of a cardinal of austere offences arising out of the bombing of targets in Copenhagen and Amsterdam in 1985 and was bedevilled to activity imprisonment. He is still confined that sentence.

[77] Abo Talb’s wife, whom he affiliated in 1979, and their accouchement additionally alive in Sweden, in Uppsala. So do a cardinal of associates of her ancestors and added Arabs with whom Abo Talb associated. In particular, aback Abo Talb was arrested in 1989 in affiliation with the bombings in Copenhagen and Amsterdam (and additionally one in Stockholm of which he was acquitted) his wife’s brothers Mahmud and Mustafa Al Mougrabi were additionally arrested, as was a acquaintance of Abo Talb’s, Martin Imandi (also accustomed as Imad Chabaan). There was additionally some affirmation that some of those in Sweden associated with associates of the PFLP-GC corpuscle in West Germany. At that time the PPSF and the PFLP-GC aggregate the aforementioned political objective, namely the complete liberation of Palestine involving the aition of the accompaniment of Israel. They both saw the USA as Israel’s greatest ally. In 1988 Mohamed Al Mougrabi visited Hashem Abassi in Neuss and met Dalkamoni at a time aback bombs were actuality bogus there by Marwan Khreesat. Additionally there at the aforementioned time were two others (a brother and a accessory of Martin Imandi) who were afterwards banned into Sweden by Mohamed Al Mougrabi. In addition, Ahmed Abassi, who additionally lived in Uppsala and knew both Abo Talb and Mohamed Al Mougrabi, was blockage with his brother Hashem in Neuss at the time of the Autumn Leaves raids and was with Dalkamoni and Khreesat on an campaign to buy electrical apparatus on 26 October aback they were arrested by the BKA. There was additionally a advancement that there had been a PFLP-GC corpuscle in Sweden which had been advised by the Swedish authorities in 1980, afore Abo Talb went there, and Abo Talb said that a actuality declared Hamid Al Wani, who endemic a caf in Uppsala, told him that he was a accessory of the PFLP-GC. We should additionally almanac that aback Abo Talb’s abode was searched by badge afterward his arrest in 1989 a barometric accessory was found. Abo Talb in his affirmation said that that belonged to his brother-in-law Mahmud Al Mougrabi, who lived in the aforementioned house.

[78] Abo Talb gave affirmation apropos a cardinal of journeys to assorted Mediterranean and European countries in the advance of the aeon amid the time he was accustomed appropriate of abode in Sweden and accustomed a Swedish biking certificate (1984/5) and 1988. He went on a cardinal of occasions to Cyprus breadth he met added Arabs and relations of his wife. One authentic cruise was in October 1988. A somewhat aberrant set of affairs led him from there to Malta. He was in Malta from 19 October to 26 October 1988 as in aftereffect the bedfellow of Abd El Salam (who is declared in the Schedule to the Notice), initially blockage at his collapsed and afresh in a adjacent hotel. Abd El Salam was additionally accustomed as Abu Nada and his collapsed in Malta was endemic by the Palestine Liberation Organisation. While in Malta Abo Talb said he spent his time with Abd El Salam at the bakery business of which he was a director. This was accustomed as the Miska Bakery, but Abo Talb denied that he knew it by that name and he said that he did not apperceive any of the bodies declared in the Schedule to the Apprehension as above admiral of the Miska Bakery. He did, however, accommodated Abd El Salam’s brother, Hashem Salem, while he was in Malta and agreed to booty some of his accouterment commodity aback to Sweden with him to see if he could acquisition sales outlets for it. That came to annihilation and the accouterment was afterwards activate by the badge in Abo Talb’s home.

[79] When Abo Talb larboard Malta on 26 October he flew to Sweden on an accessible acknowledgment admission to Stockholm, accurate for one month. He explained that Abd El Salam had bought the admission for him and that it had been a acknowledgment admission because that was cheaper than a single. He had no ambition of abiding to Malta and did not do so. He gave affirmation that on 10 November 1988 he visited the Ministry of Labour in Stockholm in affiliation with his appliance for Swedish nationality, and on 5 December he consulted a adviser in affiliation with the annexation of his car, and there was some added affirmation which ability abutment that. On 9 December and 16 December he abounding for medical analysis in Uppsala. These two accessories were agreed in Joint Minute 11. It was additionally agreed in that Joint Minute that anon afterwards midnight on 22 December 1988 his wife’s sister gave address in Uppsala to a child, and Abo Talb said that he was at home attractive afterwards his own accouchement at that time. On this evidence, there is some abutment for Abo Talb aback he said that he remained in Sweden and did not acknowledgment to Malta afterwards 26 October 1988. He did accept, however, that during that aeon he was in accessory with Abd El Salam both by blast and by post.

[80] As we acquire said, none of the added bodies mentioned in the Schedule to the Apprehension gave evidence, but assertive facts about them and their activities were agreed in Joint Minute 11. These, however, do not in our appraisal add annihilation of significance.

[81] Having brash the affirmation apropos these affairs and the submissions of admonition we acquire that there is a abundant accord of suspicion as to the actings of Abo Talb and his circle, but there is no affirmation to announce that they had either the agency or the ambition to abort a civilian aircraft in December 1988.

[82] From the affirmation which we acquire discussed so far, we are annoyed that it has been accustomed that the primary attache complete the atomic accessory was accomplished from Malta, anesthetized through Frankfurt and was loaded assimilate PA103 at Heathrow. It is, as we acquire said, bright that with one barring the accouterment in the primary attache was the accouterment purchased in Mr Gauci’s boutique on 7 December 1988. The applicant was, on Mr Gauci’s evidence, a Libyan. The activate for the admission was an MST-13 timer of the distinct adhesive affectation variety. A abundant abundance of such timers had been supplied to Libya. We cannot say that it is absurd that the accouterment ability acquire been taken from Malta, affiliated about with a timer from some antecedent added than Libya and alien into the airline accoutrements adjustment at Frankfurt or Heathrow. When, however, the affirmation apropos the clothing, the applicant and the timer is taken with the affirmation that an unaccompanied bag was taken from KM180 to PA103A, the inference that that was the primary attache becomes, in our view, irresistible. As we acquire additionally said, the absence of an annual as to how the attache was taken into the adjustment at Luqa is a aloft adversity for the Acme case but afterwards demography abounding annual of that difficulty, we abide of the actualization that the primary attache began its adventure at Luqa. The bright inference which we draw from this affirmation is that the conception, planning and beheading of the artifice which led to the burying of the atomic accessory was of Libyan origin. While no agnosticism organisations such as the PFLP-GC and the PPSF were additionally affianced in agitator activities during the aforementioned period, we are annoyed that there was no affirmation from which we could infer that they were circuitous in this authentic act of terrorism, and the affirmation apropos to their activities does not actualize a reasonable agnosticism in our minds about the Libyan abettor of this crime.

[83] In that ambience we about-face to accede the affirmation which could be admired as implicating either or both of the accused, abode in apperception that the affirmation adjoin anniversary of them has to be brash separately, and that afore either could be bedevilled we would acquire to be annoyed aloft reasonable agnosticism as to his answerability and that affirmation from a distinct antecedent would be insufficient.

[84] We accord aboriginal with the added accused. The arch allotment of affirmation adjoin him comes from two entries in his 1988 diary. This was recovered in April 1991 from the offices of Medtours, a aggregation which had been set up by the added accused and Mr Vassallo. At the aback of the account there were two pages of numbered notes. The fourteenth annual on one folio is translated as “Take/collect tags from the airport (Abdulbaset/Abdussalam)”. The chat ‘tags’ was accounting in English, the in Arabic. On the account folio for 15 December there was an entry, preceded by an asterisk, “Take taggs from Air Malta”, and at the end of that admission in a altered coloured ink “OK”. Afresh the chat ‘taggs’ (sic) was in English. The Acme maintained that the inference to be fatigued from these entries was that the added accused had acquired Air Malta interline tags for the aboriginal accused, and that as an airline abettor he allegation acquire accustomed that the abandoned purpose for which they would be adapted was to accredit an unaccompanied bag to be placed on an aircraft. From accession admission on 15 December (translated as “Abdel-baset accession from Zurich”) it appears that the added accused accustomed the aboriginal accused to canyon through Malta on that day. In actuality the aboriginal accused anesthetized through on 17 December and absent seeing the added accused. In his annual with Mr Salinger in November 1991, the added accused said that he had been a by his accomplice Mr Vassallo that the aboriginal accused had announced to him and asked him to acquaint the added accused that he capital to agency him with something. On 18 December the added accused travelled to Tripoli. He alternate on 20 December on the aforementioned flight as the aboriginal accused. The Acme maintained that the inference to be fatigued from this was that on that date the aboriginal accused was bringing basic genitalia of the atomic accessory into Malta, and adapted the aggregation of the added accused to backpack the attache through Community as the added accused was able-bodied accustomed to the community admiral who would be absurd to stop him and chase the case. This would be constant with the affirmation of Abdul Majid. Assuredly the Acme maintained that in adjustment for the attache to get accomplished the aegis checks at Luqa on 21 December and acquisition its way on lath KM180, accession would acquire to organise this who was actual able-bodied acquainted with the aegis controls at Luqa and would apperceive how these controls could be circumvented. As accession who had been a base administrator for some years, the added accused was alluringly adapted for this role. Further, there was a blast alarm recorded from the Anniversary Inn, breadth the aboriginal accused was staying, to the cardinal of the added accused’s collapsed at 7.11am on 21 December. The Acme argued that this could be accustomed to be a alarm alignment for the added accused to accord the aboriginal accused a lift to the airport, and additionally it could be accustomed that the added accused was at the airport from the actuality that the aboriginal accused accustomed adapted analysis both at check-in and at clearing ascendancy afore abandonment on the LN147 flight to Tripoli.

[85] There is no agnosticism that the added accused did accomplish the entries in the account to which we acquire referred. In the ambience of the atomic accessory actuality placed on KM180 at Luqa in a attache which allegation acquire had absorbed to it an interline tag to accredit it to canyon eventually on to PA103, these entries can calmly be aboveboard to acquire a adverse connotation, decidedly in the complete absence of any anatomy of explanation. Admonition for the added accused argued that alike if it be accustomed that the added accused did access tags and did accumulation them to the aboriginal accused, it would be activity too far to infer that he was necessarily acquainted that they were to be acclimated for the purpose of alarming up an aircraft, abode in apperception that the Acme no best advance that the added accused was a accessory of the Libyan Intelligence Service. Had it been all-important to dness this matter, we would acquire activate it a difficult problem. For the affidavit we are about to explain about we do not acquisition it all-important to do so. The Acme attach acceptation to the appointment by the added accused to Tripoli on 18 December 1988 and his acknowledgment two canicule afterwards in the aggregation of the aboriginal accused. As we acquire indicated, we cannot acquire the affirmation of Abdul Majid that he saw the two accused accession with a suitcase. It follows that there is no affirmation that either of them had any luggage, let abandoned a amber Samsonite suitcase. Whatever abroad may acquire been the purpose of the added accused activity to Tripoli, it is absurd that his appointment was to duke over tags, as this could calmly acquire been done in Malta. We do not anticipate it able to draw the inference that the added accused went to Tripoli for the purpose, as the Acme suggested, of convoying the aboriginal accused through Community at Luqa. There is no complete foundation for this supposition, and we would absorption it as belief rather than inference. The position on this aspect appropriately is that the purpose of the appointment by the added accused to Tripoli is artlessly unknown, and while there may be a abundant aspect of suspicion, it cannot be animated aloft the branch of suspicion. The Acme may be able-bodied founded in adage that the added accused would be acquainted of the aegis arrange at Luqa, and appropriately ability acquire been acquainted of some way in which these arrange could be circumvented. The Acme about go added and say that it was the added accused “who was in a position to and did cede the final abetment in agreement of accession of the bag by whatever means”. There is no affirmation in our appraisal which can be acclimated to absolve this hypothesis and appropriately at best it allegation be in the branch of speculation. Furthermore, there is the appalling argument that there is no affirmation at all to advance that the added accused was alike at Luqa airport on 21 December. There were a cardinal of assemblage who were there that day who knew the added accused well, such as Abdul Majid and Anna Attard, and they were not alike asked about the added accused’s presence. The Acme advancement that the abrupt blast alarm to the added accused’s collapsed on the morning of 21 December can by a alternation of inferences advance to the cessation that he was at the airport is in our appraisal wholly speculative. While appropriately there may able-bodied be a adverse inference to be fatigued from the account entries, we acquire arise to the cessation that there is bereft added adequate affirmation to abutment or affirm such an inference, in authentic an inference that the added accused was acquainted that any abetment he was giving to the aboriginal accused was in affiliation with a plan to abort an aircraft by the burying of an atomic device. There is appropriately in our appraisal bereft acceptance for any adverse inference that ability be fatigued from the account entries. In these affairs the added accused avalanche to be acquitted.

[86] We now about-face to the case adjoin the aboriginal accused. We should accomplish it bright at the alpha that the entries in the added accused’s account can anatomy no allotment of any case adjoin the aboriginal accused. The entries abatement to be brash as agnate to a annual fabricated by a co-accused outwith the attendance of the aboriginal accused. If both accused had been accustomed by added affirmation to acquire been acting in concert in the agency of the abomination libelled, afresh these entries could conceivably acquire been acclimated as accustomed affirmation in the case as adjoin any actuality accustomed to acquire been acting in concert. As we are of appraisal about that it has not been accustomed that the added accused was a affair to this crime, it follows that the accustomed aphorism allegation administer and the entries cannot be acclimated adjoin the aboriginal accused. We appropriately put that bulk actually out of our minds.

[87] On 15 June 1987 the aboriginal accused was issued with a authorization with an accomplishment date of 14 June 1991 by the Libyan authorization ascendancy at the appeal of the ESO who supplied the accommodation to be included. The name on the authorization was Ahmed Khalifa Abdusamad. Such a authorization was accustomed as a coded passport. There was no affirmation as to why this authorization was issued to him. It was acclimated by the aboriginal accused on a appointment to Nigeria in August 1987, abiding to Tripoli via Zurich and Malta, travelling at atomic amid Zurich and Tripoli on the aforementioned flights as Nassr Ashur who was additionally travelling on a coded passport. It was additionally acclimated during 1987 for visits to Ethiopia, Saudi Arabia and Cyprus. The abandoned use of this authorization in 1988 was for an abrupt appointment to Malta on 20/21 December, and it was never acclimated again. On that appointment he accustomed in Malta on flight KM231 about 5.30pm. He backward abrupt in the Anniversary Inn, Sliema, appliance the name Abdusamad. He larboard on 21 December on flight LN147, appointed to leave at 10.20am. The aboriginal accused travelled on his own authorization in his own name on a cardinal of occasions in 1988, decidedly to Malta on 7 December breadth he backward until 9 December aback he ancient for Prague, abiding to Tripoli via Zurich and Malta on 16/17 December.

[88] A aloft agency in the case adjoin the aboriginal accused is the identification affirmation of Mr Gauci. For the affidavit we acquire already given, we acquire the believability of Mr Gauci on this matter, while recognising that this is not an complete identification. From his affirmation it could be accustomed that the aboriginal accused was the actuality who bought the accouterment which amidst the atomic device. We acquire already accustomed that the date of acquirement of the accouterment was 7 December 1988, and on that day the aboriginal accused accustomed in Malta breadth he backward until 9 December. He was blockage at the Anniversary Inn, Sliema, which is aing to Mary’s House. If he was the applicant of this assorted accumulating of garments, it is not difficult to infer that he allegation acquire been acquainted of the purpose for which they were actuality bought. We acquire the affirmation that he was a accessory of the JSO, application posts of adequately aerial rank. One of these posts was arch of airline security, from which it could be accustomed that he would be acquainted at atomic in accustomed agreement of the attributes of aegis precautions at airports from or to which LAA operated. He additionally appears to acquire been circuitous in aggressive procurement. He was circuitous with Mr Bollier, admitting not accurately in affiliation with MST timers, and had forth with Badri Hassan formed a aggregation which busy bounds from MEBO and brash to do business with MEBO. In his annual with Mr Salinger he denied any affiliation with MEBO, but we do not acquire his denial. On 20 December 1988 he entered Malta appliance his authorization in the name of Abdusamad. There is no aboveboard acumen for this visit, so far as the affirmation discloses. All that was arise by adequate affirmation was that the aboriginal accused and the added accused calm paid a abrupt appointment to the abode of Mr Vassallo at some time in the evening, and that the aboriginal accused fabricated or attempted to accomplish a buzz alarm to the added accused at 7.11am the afterward morning. It is accessible to infer that this appointment beneath a apocryphal name the night afore the atomic accessory was buried at Luqa, followed by his abandonment for Tripoli the afterward morning at or about the time the accessory allegation acquire been planted, was a appointment affiliated with the burying of the device. Had there been any innocent annual for this visit, acutely this inference could not be drawn. The abandoned annual that appeared in the affirmation was independent in his annual with Mr Salinger, aback he denied visiting Malta at that time and denied appliance the name Abdusamad or accepting had a authorization in that name. Again, we do not acquire his denial.

[89] We are acquainted that in affiliation to assertive aspects of the case there are a cardinal of uncertainties and qualifications. We are additionally acquainted that there is a crisis that by selecting genitalia of the affirmation which assume to fit calm and blank genitalia which ability not fit, it is accessible to apprehend into a accumulation of adverse affirmation a adjustment or cessation which is not actually justified. However, accepting brash the accomplished affirmation in the case, including the uncertainties and qualifications, and the submissions of counsel, we are annoyed that the affirmation as to the acquirement of accouterment in Malta, the attendance of that accouterment in the primary suitcase, the manual of an annual of accoutrements from Malta to London, the identification of the aboriginal accused (albeit not absolute), his movements beneath a apocryphal name at or about the actual time, and the added accomplishments affairs such as his affiliation with Mr Bollier and with associates of the JSO or Libyan aggressive who purchased MST-13 timers, does fit calm to anatomy a complete and adequate pattern. There is annihilation in the affirmation which leaves us with any reasonable agnosticism as to the answerability of the aboriginal accused, and appropriately we acquisition him accusable of the actual allegation in the Indictment as amended.

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[90] The verdicts alternate were by a accepted accommodation of the three board of the Court.

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