Lockerbie Trial Resumes After Recess

C A M P   Z E I S T, Netherlands, Aug. 22, 2000 -- Judges at the Lockerbie bombing trial today said the CIA must reveal sensitive information to defense lawyers so that they can assess the credibility of a key prosecution witness.

In a move likely to delay the appearance of the witness, a former Libyan secret agent, presiding judge Lord Sutherland said the chief prosecutor, Lord Advocate Colin Boyd, must encourage the United States to release potentially relevant communications from its agents in Malta to Washington.

However, Sutherland recognized the likely reluctance of U.S. authorities to disclose confidential exchanges and details of its operations and acknowledged that his Scottish court had no authority to demand U.S. compliance.

“I cannot know what the outcome will be,” he said.

Prosecutors planned to introduce a batch of cable communications between U.S. agents and Washington following interviews with Abdul Majid Giaka, a Libyan who became a U.S. double agent shortly before the 1988 bombing.

The cables, combined with Majid’s testimony, may serve as vital evidence in the case against Al-Amin Khalifa Fahima and Abdel Basset al-Megrahi, accused of posing as Libyan Arab Airlines employees (LAA) at Malta’s Luqa airport to put a suitcase bomb on a plane to Frankfurt.

Prosecutors say the two put stolen transfer tags onto the case which passed through an X-ray machine at Frankfurt and onto the New York-bound Pan Am flight 103, which exploded over Lockerbie, Scotland, on Dec. 21, 1988, killing 270 people.

Defense Demands Information

However, the defense say copies of the cables should not be allowed as evidence because the prosecution had seen largely unedited versions in early June, while the defense had only been given copies with large sections blanked out.

Prosecutor Boyd acknowledged the CIA had granted members of his team greater access, but insisted they had found no information relevant to the trial.

“In essence what has been taken out relates to the national security interests of the United States or the security and safety of individuals,” Boyd said.

It was not unusual for prosecutors to know more and he urged judges not to let the defense commence a “fishing exercise.”

William Taylor, counsel for Al-Megrahi, said he had learned of the discrepancy only Monday and contended the “playing field” had ceased to be level.

“It is a novel and alarming statement that it is for the Crown [prosecution] to determine relevancy,” Taylor said.

“I do not accept that all the material obscured is not relevant to this trial,” he added.

Fahima’s counsel, Richard Keen, suggested other information supplied by Majid could be wrong, discrediting him as a witness. His financial demands, also blackened out, could also cast doubt on his credibility.

Witness’ Appearance Delayed

Majid himself was expected to appear later this week, providing testimony behind a screen and with his voice disguised. Prosecutors say he was assistant manager of LAA in Malta and, like the co-accused, a member of the Libyan security service. He subsequently defected to the United States.

Heightened security today suggested Majid was set to arrive or had already done so. His appearance is now likely to be delayed while prosecution lawyers hurriedly contact the CIA.

Without the key prop of the cables, Majid’s testimony is likely to carry less weight.

The trial, being held under Scottish law in the Netherlands, resumed today after a three-week break. It began in May.