The appeal is due to start on April 28, 2009
Open Letter to
The High Court at Edinburgh Scotland UK
Until now the Libyan official Mr. Abdelbaset al Megrahi is jailed innocently in Sottish prisons since 10 years !!!
Same accusation in the Lockerbie-Case - unequal judgement for the two Libyan officials, Amin Khalifa Fhimah and Abdelbaset Ali Mohmed Al Megrahi. Why this difference in the court judgements: not guilty and immediate release for Khalifa Fhimah and guilty (27 years of prison) for Abdelbaset Al Megrahi?
Only the wrong statement of Tony Gauci at Camp van Zeist made the difference: "The buyer of the dresses from alleged 7 December 1988 is identical to the one in photo position 8 (Q14), Mr. Abdelbaset Al Megrahi".
As circumstantial evidence shows the Scottish Justice knew very well that not only Fhimah but also the second acused Libyan, Mr. Megrahi, was innocent and should be aquitted. The Scottish Justiciary needs a push to save its image in the Lockerbie affair. They finally must begin to clear up the miscarriage of justice against Abdelbaset al Megrahi ...
Determining central proofs
The Scottish Justice knew:
> On the feeder flight PA-103/B from Frankfurt to London-Heathrow not one Samsonite suitcase - the alleged bomb suitcase from AirMalta, flight KM-180 to PanAm flight PA-103/B - was loaded but provable 3 unknown and unaccompanied luggage items from Lufthansa, flight LH-631 from Kuwait, ex tray no. B-4809, B-6001, B-7418.
> None of the MST-13 timers delivered from MEBO Ltd to Libya two years before the Lockerbie-tragedy was involved in the PanAm 103 attack, as can be demonstrated ! (affidavit)
> The purchase of cloths in Tony Gauci's Boutique "Mary's House" in Malta, did not take place on December 7, 1988 but on Wednesday November 23, 1988.
Tony Gauci's first statements without outer influence by police officers:
> The sale was midweek, Wednesday, I think on November or December 1988.
> The sale was made before the Christmas decorations went up.
> The weather was like when the man came to the shop? -- When he came by the first time, it wasn't raining, but then it started dripping. Not very -- it was not raining heavily. It was simply -- it was simply dripping, but as a matter of fact he did take an umbrella, didn't he? He bought an umbrella.
> On Wednesday afternoon, November 23, 1988, Gauci's brother Paul did not work in Mary's House. He went home to watch a football match on television. On Wednesday November 23, 1988, Radio Televisione Italiana (RAI 1, RAI 2, RAI 3) broadcaosted the football match Dresden - Roma. Channel RAI 3 for example broadcoasted the two halftimes in two parts starting at 16:55 hours local time, finishing at 17:44 hours local time and between 17:58 and 18:44 hours local time.
The day after December 7, December 8, 1988 was an official public holiday and the "Mary's House" was closed. Gauci could not remember at a public holiday after the visite of the alleged clothes buyer!
As example, the day after November 23, November 24, was not an official public holiday, "Mary's House" was open, as Gauci remembered precisely.
Wrong identification of the Libyan cloths purchaser by Tony Gauci. The Police robot drawing (Q12) of the Libyan man who purchased the clothes by Tony Gauci resembles to 90% Abdul Magjid Giaka (Q13), a Libyan CIA defector since August 1988 in Malta).
There was some very light rain on 23th of November 1988 from 18:00-19:15, while there was no rain on 7th of December 1988, from Mark Vella, Managing Director, METEOMALTA, also confirmed at the Trial Kamp van Zeist, from ex witness number 03, Major Joseph Mifsud chief meteorologist at the meterological office at Luqa Airport in Malta.
Since August 1990, definitely a wrong date was created (7th of December, 1988) in order to accuse deliberately Abdelbaset al Megrahi as the buyer of the cloths in "Mary's House".
MEBO: Mr. Abdelbaset al Megrahi was not in Malta on Wednesday, 23th of November 1988!
Had under the cover of the "Witness Protection Programm" (WPP) bribes been payed for inaccurate testimony with falsified/manipulated evidence?
MEBO's attempt to inquire:
After high amounts of money had been payed to Libyan CIA agent Abdul Maghid Giaka for immoral procuration of evidence and giving wrong evidence at Camp van Zeist, we have to focus also on the activities of the Gauci brothers:
> First Anthony Gauci, shopkeeper of "Mary's House" in Malta, was questioned on the occasion of police investigations on 1/2/8/10/13/14 and on 26 September 1989. Afterwards, from mid of 1991 on a big amount of money (possibly 3 mio. US$) was given to Gauchi for his testimony of wrong fabricated circumstantial evidence...
On April 14, 2009 diclosed crown documents are supposed to be handed over to the defence team of Abdelbaset al Megrahi in this context. This could bring clear insight into the bribes payed to the Gauci brothers ...
In Gauci's police statement (Prod. 469, page 1 and 7 at line 11) on the 10th of September 1990, Tony Gauci gives reference to the various police interrogations in September 1989: "I have been showed many photographs over the last year, and I have never seen a photograph of the man who bought the clothing".
MEBO: In all the picture parades shown to Gauci always a picture of Abdelbaset al Megrahi (Q9) was included but never a picture (Q13) of the Libyan CIA defector Abdul Magjid Giaka!
Probably it was supressed because Abdul Magjid Giaka resembled the policy robotdrawing Q12 to 90%!
Magjid Giaka alias "Puzzlepiece", was not a "Shirker" and a "Liar" as the FBI tries to present him today, but according to CIA cables and other indications he was the central man in Malta for the conspiracy against Libya. No wonder that the orders concerning him are still secret and under national security!
MEBO investigation concludes: Not Mr. Abdelbaset Al Megrahi was the Libyan buyer of cloths at Tony Gauci (Boutique Mary's House) on 7th of December but according to our investigation, on the 23th of November 1988, 18:45 clock, the Libyan Agent for the CIA, Abdul Magjid Giaka bought the cloths!
One of the classified cables reveals that before the PanAm 103 tragedy Giaka was under pressure from his handler to deliver additional indication of events inside Libyan Arab Airlines station at Luqa Airport against Abdelbaset al Megrahi and Lamin Khalifah Fhimah in the period before the 21th of December 1988. Giaka got the order to purchase cloths on the 6th of November 1988. This meeting was held in a safe house at Malta.
Another meeting was held on the 5th of December, before Abdelbaset al Megrahi arrived on the 7th of December in Malta and a further meeting took place on the 20th December 1988, the day before the Lockerbie-tragedy!
On the 14th of July 1991 Giaka left the Maltese shores unofficially on an US boat and was transferred to the USS Navy Vessel MS "Butte". For the interview his contact person was FBI Special Agent, Mr. Harold Mount Hendershot, and a number of other agents from the US Department of Justice.
Further interviews took place at Tyson's Corner near Washington USA on the following dates:
the 21st of July, the 22nd of July,
the 23rd of July, the 24th of July, the 25th of July,
the 26th of July, the 29th of July, the 30th of July,
the 31st of July, and the 1st of August.
In one of the interviews Abdul Majid Giaka gave certain "questionable" information in relation to an incident involving a suitcase at Luqa Airport.
FBI Agent Harold Hendershot, sworn as witness no. 689 at Kamp van Zeist; questions and answers, excerpt:
Examination in Chief by Mr. Campbell:
Q-- And was that a brown suitcase?
A-- I would have to look at my notes to recall that specifically.
Q-- In relation to that incident, on the 14th itself how detailed was his account?
A-- If I recall correctly, his detail was very general. He wasn't even sure of the month at that time. He gave us an approximate time frame of October, November, and December of 1988, as to that incident occurring.
Q-- In general terms, then, in the course of the sequence of interviews over the next period, were you able to obtain from him more detail in relation to that incident?
A-- Yes, sir.
Q-- Am I right in thinking that in each of these interviews you yourself made handwritten notes of the interview?
A-- Yes, I did.
Q-- And at the end of the exercise, was a document called a FD 302 created?
A-- Yes, sir, it was. (Prod. 1485)
Before the US/UK indictment against the Libyan officials Fhimah and Megrahi was published on the 14th/15th of November 1991 a further decisive US meeting with Magjid Giaka took place.
Mr Giaka received the following sums from the CIA, part cash, part via his bank account in Switzerland in his name:
On Fiscal Year 1989: US$ 29,460; 1990: $ 20'000; 1991: $ 26'000;and 1992: $ 26,000 again.
Official records until October 1999 show that the US Justice Department had payed US$ 324,000 in connection with Giaka for accommodation, travelling, etc. A code used on Giaka's form regarding the witness protection programme is "Puzzle Piece" WF 140440.
A mysterious and pre-emtive visit (1989) of Mr. Henry Woods Bell, Detective Chief Superintendent of Scottish Police in Malta
Superintendent Henry Wood Bell was involved in the investigation of the bombing of PanAm 103 on behalf of the Criminal Records Office in Glasgow.
He visited officially on the 11th of September 1989 the police authorities in Malta.
The purpose of the meeting with the prime minister of Malta, Mr. de Marco, police commissioner A. Calleja and officers from other countries (FBI, BKA Germany) was to brief Maltese authorities and to seek permission and authority to make inquiries in Malta regarding the air disaster.
Before the official meeting in Malta, after a meeting June 1989 with the Swiss police, two unauthorized investigation trips to Malta were made by a unknown officer in July and by officer Henry Wood Bell, on 1 - 8 September 1989 without the permission of the Maltese government. These inquiries werd related to the recovery of a blue Babygrow which had been tracked back to Malta.
MEBO information: The "subversively" use of a blue baby-overall (babygrow) was developed from Swiss police telephone monitoring from December 14-22, 1988 between Edwin Bollier and Mr. Ali, a driver in Tripoli, and has nothing to do with the PanAm 103 attack! (It concerns Ali's order of a blue baby-overall for his 1 - 2 year old baby son.)
When the Scottish police officer, Henry Bell, visited Anthony Gauci, "Mary's House" on September 1, 1989 there was no babygrow on stock. Mr. Bell made a report from Gauci's statement on the 1st of September 1989. The statement was not signed by Anthony Gauci until the 2nd of September 1989! Bell says that he returned to Gauci's shop on a second day and then had him sign the statement! Gauci said he would think things over that night and see if he could recall anything else ...
Were the Gauci brothers influenced by Henry Bell to tell what he wanted to hear?
Excerpt, trial Kamp van Zeist, witness no. 344 Mr. Henry Woods Bell:
Q-- (Mr. Harry Bell) Did you have Mr. Gauci read the statement before he signed it?
A-- No. Mr. Gauci could not read English, and the statement was read out to him. And he signed it.
Q-- And in what language was the statement read out to him?
A-- In English.
Q-- In English... !!!
> Had a big amount of money (possibly US$ 1,5 mio.) been payed to Tony Gauci's brother Paul around midth 1991< for wrong testimony and production of manipulated delivery receipts/bills concerning blue babygrows with Primark labels und Abanderado T-shirts? His position as Managing Director of the Wholesale Company "Big Ben" would habe made that easily possible (Invoice Prod. 488, 489).
Appaling is that Paul Gauci was not interrogated at Kamp van Zeist Trial about the date and time of the TV broadcoast of a football game which he had watched. Only his brother Tony Gauci was questionded about the TV broadcoast.
On the other hand later at Kamp van Zeist only Paul Gauci's doubtful statements concerning important details of the blue babygrow and the mysterious *Abanderado T-shirts was heard !
For remembrance: Tony Gauci statement after 11 years at the trial in Kamp van Zeist was:
Q-- Mr Gauci, Would you look at an item of clothing, Label No.459, please. Do you recognise Label 459?
A-- It's underwear, T-shirt.
Q-- What make is it?
A-- It's *Abanderado make.
Q-- Did you, in 1988, stock T-shirts of that kind?
A-- Yes. Yes. When I sold this one, I didn't sell T-shirts. Perhaps sombody else was there. I never sold him a T-shirt.
Q-- You never sold the Libyan gentlemen a T-shirt?
A-- On that day, no. On that particular order, no, that we are talking about, no. He could have come another day.
Between September 10 and 14, 1989 Tony Gauci was questioned by detective chief superintendent of the Scottish police, Henry Woods Bell, in the presence of the Maltesian police, Police Inspector Scicluna. The investigation focused on fragments of clothes found in Lockerbie (from PanAm 103) which were tracked back to Boutique "Mary's House" because of their label.
During these interrogations Toni Gauci was shown various pictures from fragments of clothes in a photobook which RARDE at Fort Halstead had handed over to the Scottish Criminal Record Office in Glasgow. (Prod. 495 and image 2)
Harry Bell made arrangements for Tony Gauci to attend at the police headquarters in Malta on the 13th of September 1989. Officers from the German police BKA were present together with a sketch artist. On the 14th September 1989 it was the first time Gauci had to identify the person on the photofit (Prod.430), and Gauci gave a statement (Prod.458).
On Wednesday, 26th of September, 1989 Tony Gaucy was again in the Malta headquarters in the presence of Inspector Bell and Mr. Scicluna he was shown a number of photographs of men. Gauci did not see the man whom he sold the clothing to. He pointed out one photoraph of a man who had the same hairstyle. Gauci's statement reads: "This is not the man I sold the clothing to, as the man in the photograph is too young. I have placed my initials on this photograph". (Signed Tony Gauci)
On December of 1989 Harry Bell showed to Tony Gauci a photo spread which included a photograph of Abu Talb (Prod. 1246). Does the label identify this as a selection of photographs, 6-12-89, was shown by Mr. Bell to Tony Gauci on the 6th of December 1989, a photo spread now, including image 1 which was the photograph of the man called Abu Talb. Gauci didn't pick anyone out from the photo spread.
Inpector Harry Bell did again see Tony Gauci in March of 1990. In a new statement (Prod. 467a) taken from Tony Gauchi on the 5th of March 1990, Gauci made reference having been shown a newspaper by his brother Paul (page 3 of the statement):
On page 3 on the report, which begins: "I have been asked if I can remember anything else. About six or eight weeks ago, my brother Paul was reading an English Sunday paper (believed Sunday Times of the 5th of November 1989), and he read some bits of the report to me, including that the man was in prison. I can't read English. He came to me and he showed me a page of the paper where a picture of a man was printed. I think the man's name was Abdilla. Paul read out the name. He asked me:
Is this the man who bought the clothing? And he made some remarks about the trouble it was causing the family.
I told him that I did not know if it was the man or not because I did not want him to know what I thought or to cause any more trouble. However, I think the photograph printed in the newspaper may have been the man who bought the clothing. He looks like him. I have been asked the name written in the paper, and I think it was Abdilla, but I'm not sure. I have been asked if I would know the name again, and I would. (DS Byrne then asked if the name was Abu Talb, and the witness very positively agreed that it was.) That was the name Abu Talb.
As a result of the ongoing inquiries, Inspector Harry Bell showed to Mr. Gauci in August of 1990 a further set of photographs. Production 468, a statement taken by Harry Bell from Mr. Gauci on the 31st of August 1990. Bell showed him 12 photo spreads, including persons who were of interest to the inquiry but Gauci could not see the photograph of the man who had purchased the clothing. He informed Mr. Bell that the man's photograph was not present. (including Photo Q9, Abdelbaset al Megrahi)
Mebo: After Gauci received an unknown money present, he was invited 1991 again to a meeting into the headquarters of Maltese police.
In February 1991 Harry Bell visited Malta again and showed a spread of photographs to Mr. Gauci.
On this occasion the spread of photographs included a person who was of interest to the investigation, the person's name was Abdelbaset al Megrahi. (Mebo photo Q9) Prod. 470 a is a statement taken by Mr. Gauci's on the 15th of February 1991:
The photo spread (Production 436 at image 1) shown to Mr. Gauci that day includes the photograph on position *8 of Abdelbaset al Megrahi. (Mebo photo Q9)
MEBO: What did Tony Gauci say when Harry Bell asked him to look at this photo sheet?:
Bell told him that he had a number of photographs with him and wished Gauchi to look at each photograph and take time for each.
Gauci's police statement, no. 470:
"On Friday, 15th of February 1991, I attended at police headquarters, Floriana, in Malta. Inspector Scicluna had asked me to come into the police office, and I agreed to come at 1.00 p.m.
I arrived at the police office about 1.10 p.m., and I met Mr. Scicluna and Mr. Bell. I was then introduced to two other men (DC Crawford and SA Reid). I was told by Mr. Bell that he wanted me to look at a few photographs in an attempt to see if I could identify the man who bought the clothing from my shop."
"I was asked to remember and picture the man in my mind, and I was told that the photograph of the *man may not be in the photographs that I was about to be shown today." (Photo Q9 was Abdelbaset al Megrahi)
Later in the same meeting:
Tony Gauci: One of the men (DC Crawford) then handed a card to Mr. Bell. He took brown paper from this card (Production No. DC 839), and the card was placed on the table that I was seated at. I saw that the card was full of photographs of men. (MEBO: without photo Q12 of the libyan CIA defector, Abdul Magjid Giaka!!)
I looked at every photograph on the card, and I counted a total of 12 photographs on the card. The first impression I had was that all the photographs were of men younger than the man who had bought the clothing. I told Mr. Bell this. I was asked to look at all the photographs carefully and to try and allow for any age difference.
I then pointed out one of the photographs, and I later counted the photographs from the top left as number 1 (one), to this photograph at number 8 (eight). I would say that the photograph at number 8 (eight) is similar to the man who bought the clothing. (MEBO: photo number 8= Q14, Abdelbaset al Megrahi).
The hair is perhaps a bit long. The eyebrows are the same. The nose is the same, and his chin and shape of face are the same. The man in the photograph number 8 (eight) is, in my opinion, in his thirty years (30 years). He would perhaps have to look about ten years or more older, and he would look like the man who bought the clothes. It's been a long time now, and I can only say that this photograph number 8 (eight) resembles the man who bought the clothing, but it is younger.
I was asked to sign my name across the top left side of the photograph to indicate that this was a photograph I had identified to the police. I signed the photograph. I also signed the label for the card containing the photographs (Production Label Number DC 839).
Very strange that Tony Gauci at the same meeting did not recognize the alleged buyer of cloths on Henry Bell's "photo spread", photo on position 8, (Prod. 436 at image 1, photo position 8) = (Mebo photo Q9 = Abdelbaset Al Megrahi). However he did recognize on the photo card of DC Crawford (Prod, no. DC 839 with 12 pictures) the photo number 8= (Mebo photo Q14= Abdelbaset al Megrahi).
MEBO: Photograph number 8= (Q14, Abdelbaset al Megrahi) was delivered to the FBI by the Swiss police (Passport visa application 1988).
Gauci: "Mr. Bell wrote down a statement from me. I can only say that of the photographs I have been shown, this photograph number 8 (eight) is the only one really similar to the man who bought the clothing. If he was a bit older, other than the one my brother showed me."
Doubtable investigation methods by Inspector Henry Woods Bell. For example: Excerpt as witness no. 344 in Kamp van Zeist:
CROSS-EXAMINATION BY MR. KEEN:
Q-- Mr. Bell, you've been referred to a number of statements which were taken from Mr. Anthony Gauci, some of which were taken down in your own hand; is that correct?
A-- That's correct, sir. Yes.
Q-- And on a number of occasions, Mr. Gauci was invited to sign this statement?
A-- That's correct.
Q-- And was he invited to sign the statement at the time it was written down by you?
A-- Yes. Either on the first day -- he went back to his shop on a second occasion, on the 2nd of September, the Saturday, when we asked him to sign the statement, yes.
Q-- You are aware, then, that the statement taken on the 1st of September 1989 was not signed until the 2nd of September 1989.
A-- That's correct. Yes.
Q-- And you say that's because you returned to his shop on a second day and then had him sign the statement?
A-- Yes. He said he would think things over that night and see if he could recall anything else, so we returned for that reason, to...
Q-- Did you have Mr. Gauci read the statement before he signed it?
A-- No. Mr. Gauci could not read English, and the statement was read out to him. And he signed it.
Q-- And in what language was the statement read out to him?
A-- In English.
Q-- In English... (hi, hi, hi)
The Scottish judgement of Mr. Megrahi derives from wrong indications ...
by Edwin and Mahnaz Bollier, MEBO Ltd, Switzerland