Malta Lockerbie hearings related to acquitted bomber, not al-Megrahi

The recent, behind-closed-doors hearings in the Maltese courts, following a request by Scottish prosecutors to gather more evidence in the Lockerbie case, appear to have more to do with a renewed investigation into the man who was acquitted of the atrocity, Al-Amin Khalifa Fhimah, rather than the late Abdul Baset Ali al-Megrahi, who was found guilty and died in May.

According to Scottish media reports, the furtive questioning in Malta, at the end of last month, dealt with new Crown Office inquiries into Fhimah’s role in the events that led to the bombing of Pan Am Flight 103, which killed 270 people in 1988 and remains the biggest single act of terrorism in Britain.

Fhimah was acquitted in 2001 by Lord Sutherland, the presiding judge at his trial at Camp Zeist, in the Netherlands, but could face a new prosecution after changes to the law on double jeopardy.

It is understood that a Maltese court has heard fresh testimony from witnesses called as part of the continuing Crown investigation into the Lockerbie bombing.

The original trial was told that the bomb that exploded above Lockerbie was placed on Air Malta flight KM180 and transferred to Pan Am flight 103. Evidence was also heard that clothes that covered the bomb were thought to have been bought in Malta.

It has always been maintained by the Crown Office that al-Megrahi, who was found guilty and died in May, did not act alone.

Although the Crown Office will not confirm who the investigations deal with, the actions of Mr Fhimah are believed to be included.

Before the fresh testimonies were heard, the Crown Office sent a formal request to Malta asking for judicial assistance. The details have not been released but a “summary of facts” released from the Crown Office names Mr Fhimah.

According to the summary, “the circumstances giving rise to this request are that it is alleged that the said Megrahi and Fhimah, acting in concert with others and with the Libyan intelligence services ... caused an improvised explosive device to be placed among clothing and an umbrella, which had been purchased in Malta, within a suitcase which had been tagged so as to enable it to be carried on Air Malta flight KM180 to Frankfurt on 21 December, 1988.”

A spokesman for the Crown Office added, “The trial court accepted that Megrahi acted in furtherance of the Libyan intelligence services in an act of state-sponsored terrorism and did not act alone. It would not be appropriate to offer further comment.”

Calls for a public inquiry into the bombing continued last month after “serious formal allegations” relating to the conduct of the investigation were laid before the Justice Secretary.

The Scottish parliament’s Justice Committee once again considered the long-running petition by the Justice for Megrahi (JFM) group, calling for an independent inquiry into al-Megrahi’s conviction in 2001.

In a submission to the committee, JFM said that “serious question marks” had been raised over forensic evidence. “It would now appear that expert evidence provided to the court was deeply flawed,” it said.