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This programme contains some scenes
which some viewers may find upsetting
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How's Witness Protection?
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Yeah, it's good.
How's it going with the families?
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The families' civil suits
against Pan Am have just started.
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00:00:26,000 --> 00:00:27,760
Bob Monetti
and his family just won theirs.
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This is PT/35.
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We looked at it under magnification
and found this.
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What the hell is MEBO?
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HE SPEAKS GERMAN
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He's admitted to making the timers
and selling them to the ESO.
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Do you recognise
the person in that sketch?
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I think that could be a man
I know as Abdelbaset.
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Let's get this over
to our shopkeeper in Malta
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and see if he actually recognises
him as the shopper.
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I think it could be him.
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Abdelbaset al-Megrahi.
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Senior intelligence
officer in the ESO.
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You'll find two more names in
there - Ahmed Khalifa Abdusamad
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00:00:59,320 --> 00:01:00,760
and Abu Agila Masud.
20
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Masud flew into Malta
on the seventh of December.
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And what about Abdusamad?
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He did visit for one night
later that month.
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The number that Abdusamad
called from the hotel belongs to
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a Libyan man named
Lamin Khalifah Fhimah.
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He was recently a station
manager for Libyan Airlines.
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- The diary says...
- "Get tags for Abdelbaset."
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- Luggage tags.
- The CIA have an asset.
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His name is Giaka,
a Libyan ESO agent.
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And what does he want?
30
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Safe passage for him
and his wife.
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Did you see Fhimah
at the airport in December?
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I did see Fhimah with a suitcase.
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It was like this one.
34
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Look at this, Megrahi's card from
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when he arrived in Malta is filled
out
36
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with the same block capitals
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as Abdusamad's later that month.
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That's why we haven't been
able to find a photo for Abdusamad.
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He is Megrahi.
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What do you think, Dick?
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I think we've got him.
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00:01:53,480 --> 00:01:57,760
Today, almost three years after
the Lockerbie air disaster,
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Britain and America pointed
the finger of guilt at Libya.
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The evidence is
overwhelming according to the
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00:02:03,080 --> 00:02:05,200
President Bush's administration.
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00:02:05,200 --> 00:02:08,240
Gaddafi insists the two
Libyan suspects named as the bombers
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are innocent and a fair trial would
be impossible in America or Britain.
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The UN Security Council will
move to sanctions.
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00:02:15,640 --> 00:02:18,040
Almost all neighbouring
countries are
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00:02:18,040 --> 00:02:21,160
refusing Libya permission to fly
its aircraft into their airspace.
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Our nation will never stop
pursuing justice.
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Mr Blair is facing
questions
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over the Lockerbie investigation.
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The South African President,
Nelson Mandela,
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backs Libyan demands for the trial
to be held in a neutral country.
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00:02:36,720 --> 00:02:39,040
Britain and the United States
have promised to back
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00:02:39,040 --> 00:02:40,880
the lifting of sanctions
against Libya
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as soon as the men are handed over.
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We are on the way
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00:02:44,680 --> 00:02:47,800
to resolving all
the outstanding issues.
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So, the years of diplomatic efforts
have finally paid off
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with the handover of the two Libyan
suspects.
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The two men were
committed for further examination
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and remanded in custody
at HM Prison Zeist.
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Pierre Salinger for ABC
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is the only reporter with access
to interview the two men
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accused of murdering 270 people.
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Al Amin Khalifah Fhimah's diary is
key for US Authorities.
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Allegedly, Fhimah made
a note in this diary to remind him
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to get hold or Air Malta
luggage tags,
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one of which was used to label
the suitcase containing the bomb.
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00:03:28,320 --> 00:03:31,000
Abdelbaset al-Megrahi stands
accused of masterminding
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the bombing of Pan Am 103,
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a charge he strongly refutes.
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The accusation is wrong.
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Truly.
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I am DCS Tom McCulloch.
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Many of you remember my predecessors
John Orr and Stuart Henderson.
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{\an8}I am honoured to be
following in their footsteps
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{\an8}as SIO on the case as we approach
the trial.
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{\an8}A trial that I am aware you have
waited a long, long time for.
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00:04:04,360 --> 00:04:07,840
{\an8}The Foreign Secretary has recently
stated that there was no reasonable
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00:04:07,840 --> 00:04:09,600
{\an8}prospect of the accused being
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{\an8}delivered for trial in Scotland.
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00:04:11,560 --> 00:04:14,000
{\an8}But he thinks there is
a chance that they will be
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{\an8}delivered for trial
in a third country,
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00:04:17,320 --> 00:04:19,520
{\an8}as many families here have long
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00:04:19,520 --> 00:04:22,480
{\an8}proposed as the only solution.
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00:04:22,480 --> 00:04:24,400
{\an8}What we have arrived at is a plan
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{\an8}that the trial will take place in
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{\an8}a Scottish court in the Netherlands.
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{\an8}Sorry.
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{\an8}Why the Netherlands?
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00:04:32,240 --> 00:04:34,680
{\an8}As the host nation of the
International Court of Justice
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{\an8}and the
International Criminal Court,
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00:04:36,920 --> 00:04:38,800
{\an8}the Netherlands was suggested
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{\an8}by Libya and others.
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{\an8}We're letting Libya pick the venue?
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{\an8}With just two men standing trial
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00:04:46,080 --> 00:04:48,160
{\an8}to represent a whole state?
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00:04:48,160 --> 00:04:52,320
Our goal was indictments
against all involved...
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..but what we know,
is different than what we can prove.
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We've waited 11 years for a trial,
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and this is the best that we get?
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00:05:01,320 --> 00:05:03,160
The rule of law is all we have.
106
00:05:04,360 --> 00:05:05,680
What's the alternative?
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00:05:05,680 --> 00:05:10,080
We resort to revenge and
retaliation, and more Lockerbies.
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00:05:11,120 --> 00:05:12,400
I agree.
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To have a trial date
and a venue set is an achievement,
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and it is your achievement.
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00:05:17,440 --> 00:05:18,920
The work of families in Britain
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00:05:18,920 --> 00:05:23,120
and America has made Libya realise
that there will be consequences
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00:05:23,120 --> 00:05:28,160
for the mass murder of your
loved ones, friends and neighbours.
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The UN has implemented the fiercest
sanctions possible.
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00:05:32,560 --> 00:05:35,640
Your lobbying efforts have
effectively ground
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00:05:35,640 --> 00:05:37,520
the Libyan economy to a halt
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00:05:37,520 --> 00:05:39,880
and forced Mr Gaddafi to the table.
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The trial may be in the Netherlands
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00:05:43,200 --> 00:05:45,960
but it'll still be under
Scottish law.
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00:05:45,960 --> 00:05:51,840
It will be a little part
of Holland that is briefly Scotland.
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00:05:51,840 --> 00:05:53,160
There'll be a Scottish jury?
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00:05:53,160 --> 00:05:55,160
No. A panel of three judges.
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00:05:55,160 --> 00:05:58,040
The Lord Advocate recognised that
it's unreasonable to ask
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00:05:58,040 --> 00:06:00,800
a Scottish jury to spend many months
away from their families.
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Yet you're asking us to.
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00:06:03,840 --> 00:06:08,800
My wife Linda died never knowing the
truth of what happened to her own
son.
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I am very sorry to hear that. Truly.
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It makes it even more important
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00:06:14,560 --> 00:06:17,480
that the rest of us be there
to participate.
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Thank you.
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My son would have been 30 this year.
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Might've had his own kids.
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Your family's determination over
this past decade,
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it's been inspiring.
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I want to be there to look those
men in the eye,
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00:06:45,120 --> 00:06:48,080
but I don't see how we can attend
a long trial in Europe.
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00:06:48,080 --> 00:06:50,680
Yeah, I mean,
financially it's impossible.
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00:06:50,680 --> 00:06:54,600
Most families in our group are just
ordinary people, trying to get by.
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00:06:54,600 --> 00:06:58,440
Look, it's a long shot,
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00:06:58,440 --> 00:07:00,360
but I've been working on a plan.
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00:07:01,400 --> 00:07:04,520
And it's one I hope to take to the
Attorney General.
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THEY TALK QUIETLY
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- Hi.
- Mr Marquise.
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Thanks for flying in at such
short notice.
145
00:07:17,720 --> 00:07:20,000
Oh, not at all. It's a critical
moment. Hi.
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Alastair Campbell QC.
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This is Alan Turnbull QC.
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Dick Marquise, FBI.
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00:07:26,360 --> 00:07:28,880
Right. We all know why we're here.
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We have a witness problem.
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Gauci has pulled out.
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He says his family has suffered
enough already with all
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the attention the case has brought.
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00:07:38,360 --> 00:07:40,280
Do we have a legal avenue?
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00:07:40,280 --> 00:07:42,760
Well, the UK doesn't have
an agreement with Malta
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to compel witnesses, no.
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So, what are our options?
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Make him feel safe enough to change
his mind and travel willingly,
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but at this stage, that is
a big ask.
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So where are we with the other key
witnesses,
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Bollier and Giaka?
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Ultimately, we just don't know which
way Bollier will go.
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00:08:03,440 --> 00:08:06,880
Well, he knows that Gaddafi's
regime is ruthless.
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If Bollier goes
back on the testimony
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he gave in the Swiss Court,
then Giaka becomes even more key.
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He's our inside man at the airport
linking Fhimah to the plot.
167
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But credibility is always a stretch
with paid informants.
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Well, regardless, I'm not entirely
sure
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that Giaka's going to testify,
either.
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What? Is he
scared of character assassination?
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Well, that, and actual
assassination.
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His wife, kids.
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Even though they're
in your federal WITSEC?
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You've never lost a witness?
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You secure Giaka.
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We'll do everything we can to
salvage the situation with Mr Gauci.
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Copy.
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{\an8}The fight to protect
witnesses continues.
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And now you're joining it.
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Our job on a major murder case
or big drugs bust is simple...
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DOOR OPENS
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..to make sure those that tell
the truth do not suffer for it.
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So any questions, guys?
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OK, that's it for the day.
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Thank you.
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DCS McCulloch.
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00:09:27,320 --> 00:09:29,000
Oh, I know, sir.
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How's preparation for the trial
going?
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We need your help
with Mr Gauci in Malta.
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OK. He's refusing to testify?
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He needs reassurance that we can
properly protect him and his family.
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00:09:44,280 --> 00:09:47,120
John Orr always said your WITSEC
expertise would come in handy
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if we ever made it to trial.
194
00:09:49,320 --> 00:09:51,440
He said that we could
always rely on you.
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Is that still the case?
196
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Absolutely, sir.
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This takes us up to zero.
198
00:10:02,240 --> 00:10:04,520
- So, we have to find a way...
- How was Scotland?
199
00:10:05,520 --> 00:10:06,760
Complicated.
200
00:10:06,760 --> 00:10:08,440
What?
How did you get into the building?
201
00:10:08,440 --> 00:10:09,600
I said we had a meeting.
202
00:10:09,600 --> 00:10:11,960
- And do we have a meeting?
- Well, we do now.
203
00:10:17,040 --> 00:10:18,360
What's this?
204
00:10:18,360 --> 00:10:21,760
It's a proposal we drew up with
Attorney General Reno
205
00:10:21,760 --> 00:10:23,440
at the Office for Victims of Crime
206
00:10:23,440 --> 00:10:25,640
to fund families'
travel to the trial.
207
00:10:25,640 --> 00:10:26,680
Travel?
208
00:10:29,320 --> 00:10:31,960
Kathryn, this...this is a lot of
families,
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00:10:31,960 --> 00:10:34,000
especially for a trial that
could last months.
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00:10:34,000 --> 00:10:35,800
I mean, this would be
millions of dollars.
211
00:10:35,800 --> 00:10:37,640
I know. It's a tough ask.
212
00:10:39,680 --> 00:10:40,920
And what's this?
213
00:10:40,920 --> 00:10:43,280
It is a second proposal
for families who can't travel.
214
00:10:43,280 --> 00:10:46,440
So, I'm pushing for a video feed
into remote viewing sites that we'd
215
00:10:46,440 --> 00:10:50,840
set up in New York, London, DC, and
Dumfries, which is near Lockerbie.
216
00:10:50,840 --> 00:10:54,240
The Scottish legal system can be
very specific.
217
00:10:54,240 --> 00:10:56,400
Cameras in the courtroom's not
really their style.
218
00:10:56,400 --> 00:10:59,400
It's a first, but I'm already
in touch with their Lord Advocate.
219
00:10:59,400 --> 00:11:01,000
'Course you are.
220
00:11:01,000 --> 00:11:03,360
Just don't want you to get
your hopes up.
221
00:11:03,360 --> 00:11:06,120
I thank you in advance for
your support. Call me tomorrow.
222
00:11:06,120 --> 00:11:08,080
- Mm-hm.
- Mm-hm.
223
00:11:13,960 --> 00:11:16,040
We're managing the witness
problem as best we can.
224
00:11:16,040 --> 00:11:17,800
So, what else can sink our case?
225
00:11:17,800 --> 00:11:20,000
Well, we need to prove
beyond reasonable doubt
226
00:11:20,000 --> 00:11:22,280
that Megrahi is Abdusamad.
227
00:11:22,280 --> 00:11:25,360
Mm. And what's the defence's
strategy going to be?
228
00:11:25,360 --> 00:11:28,520
Er, they may try and bring up
Jaafar's name again.
229
00:11:28,520 --> 00:11:31,000
They'll certainly argue that Megrahi
wasn't in Malta at the time.
230
00:11:31,000 --> 00:11:33,880
And that he only had one passport.
231
00:11:33,880 --> 00:11:37,640
We have Megrahi's handwriting
on the Abdusamad embarkation card.
232
00:11:37,640 --> 00:11:41,760
Yes. But what we really need is the
Abdusamad passport itself,
233
00:11:41,760 --> 00:11:45,600
which proves that Megrahi was in
Malta on the 21st of December,
234
00:11:45,600 --> 00:11:47,240
travelling on a false passport.
235
00:11:47,240 --> 00:11:48,480
HE SIGHS
236
00:11:48,480 --> 00:11:51,400
My team in Libya raided
Megrahi's house.
237
00:11:53,400 --> 00:11:55,400
- And?
- We found no sign of it.
238
00:11:55,400 --> 00:11:57,760
But the investigation continues.
239
00:11:57,760 --> 00:11:59,600
Right, well, let us know
if there's a breakthrough.
240
00:11:59,600 --> 00:12:01,120
Absolutely.
241
00:12:08,320 --> 00:12:10,120
Tony Gauci?
242
00:12:10,120 --> 00:12:12,360
Who are you? What do you want?
243
00:12:12,360 --> 00:12:14,120
I'm Ed McCusker.
244
00:12:14,120 --> 00:12:17,080
I run Scotland's witness
protection programme.
245
00:12:19,360 --> 00:12:21,200
He's not a witness any more!
246
00:12:21,200 --> 00:12:22,880
- You are...?
- Paul Gauci.
247
00:12:22,880 --> 00:12:24,520
Tony's brother.
248
00:12:24,520 --> 00:12:27,120
The stress from your case already
killed our father.
249
00:12:27,120 --> 00:12:28,760
You want him dead, too?
250
00:12:28,760 --> 00:12:30,800
PHONE RINGS
251
00:12:30,800 --> 00:12:32,080
Go.
252
00:12:36,000 --> 00:12:37,880
I'm sorry to hear
about your father.
253
00:12:37,880 --> 00:12:39,440
Hello. Mary's House.
254
00:12:39,440 --> 00:12:40,800
Hmm.
255
00:12:51,160 --> 00:12:54,800
May 3rd's the day most of the
families never thought they'd see,
Tony.
256
00:12:54,800 --> 00:12:56,240
11 years, 200 witnesses,
257
00:12:56,240 --> 00:12:57,600
half a million pages of evidence,
258
00:12:57,600 --> 00:12:59,200
all building to this.
259
00:13:04,040 --> 00:13:06,000
Look, I can understand
260
00:13:06,000 --> 00:13:08,680
if you're nervous about
the consequences of testifying.
261
00:13:08,680 --> 00:13:10,760
If you've been threatened,
intimidated,
262
00:13:10,760 --> 00:13:12,440
you need adequate protection.
263
00:13:14,520 --> 00:13:15,720
I have protection.
264
00:13:15,720 --> 00:13:17,200
OK, easy there.
265
00:13:22,000 --> 00:13:24,000
A Libyan man
came into the shop last time,
266
00:13:24,000 --> 00:13:25,360
looking around for a long time.
267
00:13:25,360 --> 00:13:26,480
OK, well, you're a shop...?
268
00:13:26,480 --> 00:13:28,560
He didn't buy anything.
He wasn't here to shop.
269
00:13:28,560 --> 00:13:31,240
Tony, even if you don't
take the stand,
270
00:13:31,240 --> 00:13:33,440
you need a proper security plan,
271
00:13:33,440 --> 00:13:35,640
and one that doesn't involve antique
weapons. OK?
272
00:13:36,880 --> 00:13:39,840
I can start small - better locks,
CCTV cameras.
273
00:13:39,840 --> 00:13:43,880
SIS are keeping a close
eye on Malta for us.
274
00:13:43,880 --> 00:13:46,360
They said there's no serious threat
right now. My point is,
275
00:13:46,360 --> 00:13:49,280
we're committed to doing everything
necessary to keep you safe.
276
00:13:49,280 --> 00:13:51,760
Yes, but what about Megrahi
and Fhimah?
277
00:13:51,760 --> 00:13:55,640
They're in a purpose-built,
high-security jail attached to the
court.
278
00:13:55,640 --> 00:13:57,640
No interaction with you.
279
00:13:57,640 --> 00:13:58,960
Armed guards.
280
00:13:58,960 --> 00:14:00,400
Bomb-detection stations.
281
00:14:00,400 --> 00:14:01,960
Sniffer dogs. The full business.
282
00:14:06,240 --> 00:14:08,840
You wouldn't be called
straight away.
283
00:14:08,840 --> 00:14:10,400
You've got time.
284
00:14:13,400 --> 00:14:15,000
Think about it.
285
00:14:57,640 --> 00:14:59,560
We don't have many visitors.
286
00:15:03,280 --> 00:15:04,480
But you're happy here?
287
00:15:04,480 --> 00:15:05,760
We are safe here.
288
00:15:06,840 --> 00:15:09,880
But we won't be safe
if I testify in court.
289
00:15:09,880 --> 00:15:12,120
What you say on the stand
is up to you,
290
00:15:12,120 --> 00:15:14,920
but, er, we do need you to testify.
291
00:15:14,920 --> 00:15:16,400
Testify to what?
292
00:15:17,600 --> 00:15:19,920
I can tell the court that Megrahi
293
00:15:19,920 --> 00:15:24,080
and Fhimah were both Libyan ESO
agents, but everybody knows that!
294
00:15:26,000 --> 00:15:29,640
I saw them with
the suitcase at the airport but...
295
00:15:29,640 --> 00:15:33,000
..the media are saying I am
eyewitness to the whole bombing!
296
00:15:33,000 --> 00:15:34,160
It's not true.
297
00:15:35,200 --> 00:15:36,720
I'm set up to fail!
298
00:15:36,720 --> 00:15:38,840
BOYS SHOUT AND LAUGH
299
00:15:42,040 --> 00:15:44,040
The judges still need to
hear from you.
300
00:15:44,040 --> 00:15:45,200
- I'm not sure...
- Majid.
301
00:15:45,200 --> 00:15:47,200
- I'm not sure I...
- Majid,
you have to listen to me. OK.
302
00:15:47,200 --> 00:15:48,960
Libya would let me stay silent.
303
00:15:58,080 --> 00:15:59,400
Why did you leave Libya?
304
00:16:07,720 --> 00:16:09,040
I don't remember.
305
00:16:10,240 --> 00:16:11,360
I do.
306
00:16:12,880 --> 00:16:14,400
You were scared.
307
00:16:16,760 --> 00:16:19,760
That's Gaddafi's version of silence.
308
00:16:19,760 --> 00:16:22,200
You know what I think
of Gaddafi's regime.
309
00:16:22,200 --> 00:16:23,360
Yes, I do.
310
00:16:25,320 --> 00:16:26,720
But the world doesn't.
311
00:16:34,520 --> 00:16:35,960
I, er...
312
00:16:38,760 --> 00:16:40,440
I would need my face hidden.
313
00:16:40,440 --> 00:16:41,720
In court?
314
00:16:44,520 --> 00:16:46,120
Yeah, we can do that.
315
00:16:46,120 --> 00:16:47,720
My voice - only my voice.
316
00:16:47,720 --> 00:16:49,160
Whatever you need.
317
00:16:50,320 --> 00:16:52,800
What matters is that you're heard.
318
00:16:59,760 --> 00:17:03,280
You want funding for every American
family that wants to travel?
319
00:17:03,280 --> 00:17:07,280
No. We want funding for all
families, anywhere in the world,
320
00:17:07,280 --> 00:17:11,640
who want to travel to the trial,
or to the designated viewing sites.
321
00:17:11,640 --> 00:17:16,320
You persuaded the Lord Advocate
to permit a remote feed?
322
00:17:16,320 --> 00:17:17,800
We did.
323
00:17:17,800 --> 00:17:20,200
Cameras will be allowed
in a Scottish courtroom
324
00:17:20,200 --> 00:17:21,400
for the first time.
325
00:17:21,400 --> 00:17:23,920
I knew you were a fighter
the first time I met you, Kathryn.
326
00:17:26,080 --> 00:17:27,680
Thanks for fighting with us.
327
00:17:34,840 --> 00:17:37,160
OK. I just spoke with McCulloch.
328
00:17:37,160 --> 00:17:39,520
The defence have submitted
the passport in the name
329
00:17:39,520 --> 00:17:42,400
of Abdusamad, and McCulloch's team
have found the Libyan
330
00:17:42,400 --> 00:17:45,000
passport official who issued it.
331
00:17:45,000 --> 00:17:47,120
El Gharour.
332
00:17:47,120 --> 00:17:50,320
So could he back up Giaka's
claim that Megrahi
333
00:17:50,320 --> 00:17:52,280
and Fhimah were ESO operatives?
334
00:17:52,280 --> 00:17:53,360
Potentially.
335
00:17:53,360 --> 00:17:55,760
The question is how do we get him
to testify?
336
00:17:55,760 --> 00:17:57,280
Why would Gaddafi allow it?
337
00:17:58,600 --> 00:18:01,720
Well, he allowed, eventually, these
two defendants to stand trial.
338
00:18:01,720 --> 00:18:03,680
So, he has a history
when it comes to...
339
00:18:04,720 --> 00:18:07,080
..offering sacrificial lambs.
340
00:18:07,080 --> 00:18:09,000
He'd still rather spare them.
341
00:18:09,000 --> 00:18:10,560
Complete humiliation of the West.
342
00:18:10,560 --> 00:18:12,880
Vindication of all his denials.
343
00:18:12,880 --> 00:18:14,440
It's worth a try.
344
00:18:20,560 --> 00:18:23,520
It's the biggest mass murder
trial in British history,
345
00:18:23,520 --> 00:18:26,160
with more than 1,200 witnesses.
346
00:18:26,160 --> 00:18:28,840
The world's press have
descended on this disused airbase
347
00:18:28,840 --> 00:18:30,440
to report the trial.
348
00:18:30,440 --> 00:18:32,480
And this morning,
relatives of victims have been
349
00:18:32,480 --> 00:18:33,800
arriving from America.
350
00:18:33,800 --> 00:18:37,680
These people have spent
12 years waiting for explanations,
351
00:18:37,680 --> 00:18:40,320
12 years praying for justice.
352
00:18:40,320 --> 00:18:41,680
This is why we're here. This is
353
00:18:41,680 --> 00:18:43,200
my daughter, this is Theo Cohen.
354
00:18:43,200 --> 00:18:46,000
But they're frustrated
that only two men are on trial.
355
00:18:46,000 --> 00:18:48,160
I may be able to see these
guys go to jail
356
00:18:48,160 --> 00:18:50,080
and live long enough to see
them get out.
357
00:18:50,080 --> 00:18:51,520
And that's not justice!
358
00:18:51,520 --> 00:18:55,880
What is really important
is to penalise the government
359
00:18:55,880 --> 00:18:58,160
and the people who sent them
to do mass murder.
360
00:18:58,160 --> 00:19:00,160
MELEE OF VOICES
361
00:19:15,120 --> 00:19:17,640
Now, you can step out at any time.
362
00:19:17,640 --> 00:19:20,480
And one of my team will take you
back to the family area
363
00:19:20,480 --> 00:19:22,040
or wherever you need to go.
364
00:19:30,520 --> 00:19:33,840
That is Megrahi's lead QC - Taylor.
365
00:19:33,840 --> 00:19:35,120
And that one?
366
00:19:35,120 --> 00:19:38,160
Fhimah's lead counsel, Mr Keen.
367
00:19:38,160 --> 00:19:39,720
And the witnesses?
368
00:19:39,720 --> 00:19:42,400
They can't be present in
the courtroom until they're called.
369
00:19:45,480 --> 00:19:48,160
COURT ATTENDEES MURMUR
370
00:20:00,000 --> 00:20:01,200
All rise!
371
00:20:09,880 --> 00:20:14,200
I call upon the Clerk of the Court
to read the indictment.
372
00:20:14,200 --> 00:20:17,040
The charges against you are,
373
00:20:17,040 --> 00:20:24,160
one, between first of January 1985
and 21st December 1988,
374
00:20:24,160 --> 00:20:27,520
both being members of, the Libyan
Intelligence Services,
375
00:20:27,520 --> 00:20:32,000
and being respectively the head
of security of Libyan Arab Airlines,
376
00:20:32,000 --> 00:20:35,280
and station manager of Libyan Arab
Airlines,
377
00:20:35,280 --> 00:20:39,080
you did conspire together
and with others to further
378
00:20:39,080 --> 00:20:42,600
the purposes of the Libyan
Intelligence Services
379
00:20:42,600 --> 00:20:48,120
by criminal means, namely, the
destruction of a civil aircraft
380
00:20:48,120 --> 00:20:50,960
and the murder of its occupants.
381
00:20:50,960 --> 00:20:53,840
And in pursuance of said conspiracy,
382
00:20:53,840 --> 00:20:58,160
11 residents of Lockerbie were
killed, and you did murder them.
383
00:20:58,160 --> 00:21:05,160
Abdelbaset Ali Mohmed al-Megrahi how
do you plead, guilty or not guilty?
384
00:21:07,160 --> 00:21:08,760
I am not guilty.
385
00:21:12,920 --> 00:21:15,080
Al Amin Khalifah Fhimah,
386
00:21:15,080 --> 00:21:18,640
how do you plead,
guilty or not guilty?
387
00:21:20,240 --> 00:21:21,440
Not guilty.
388
00:21:26,160 --> 00:21:30,160
It is our position, my Lords,
that Mr Megrahi is not a member
389
00:21:30,160 --> 00:21:34,520
of the Libyan secret service, and
was not, in any event, in Malta
390
00:21:34,520 --> 00:21:36,880
when the bomb was allegedly
loaded there.
391
00:21:41,360 --> 00:21:43,760
We will show Your Lordships
in the coming weeks
392
00:21:43,760 --> 00:21:49,000
that my client, Mr Fhimah, was an
ordinary employee of Libyan Airlines
393
00:21:49,000 --> 00:21:53,720
in Malta, and that no credible or
reliable witness can demonstrate
394
00:21:53,720 --> 00:21:58,160
he had knowledge of any plot to
bring harm to Pan Am 103.
395
00:22:03,400 --> 00:22:07,440
A momentous day for
relatives of the 270 people killed
396
00:22:07,440 --> 00:22:10,560
when Pan Am 103 was blown up.
397
00:22:10,560 --> 00:22:13,280
Tomorrow's evidence will begin with
the moment Pan Am flight
398
00:22:13,280 --> 00:22:15,120
103 left the radar screen.
399
00:22:15,120 --> 00:22:17,360
The verdict will come next year.
400
00:22:42,560 --> 00:22:47,080
Mr Feraday, over the many years you
have carried out
401
00:22:47,080 --> 00:22:50,600
forensic examinations of explosive
devices,
402
00:22:50,600 --> 00:22:54,640
have you built up an expertise
in their use and effect?
403
00:22:54,640 --> 00:22:58,200
I've looked at every explosive
device with an electronic context
404
00:22:58,200 --> 00:23:02,400
that has been found over the
last 30 years on the UK mainland.
405
00:23:02,400 --> 00:23:04,640
I've examined perhaps
1,000 devices.
406
00:23:06,080 --> 00:23:08,840
Once you'd completed
your examinations of the Toshiba
407
00:23:08,840 --> 00:23:11,920
radio instruction manual fragments,
408
00:23:11,920 --> 00:23:15,640
you said you worked with the FBI
to identify another fragment,
409
00:23:15,640 --> 00:23:19,840
which you determined to be
part of the explosive device?
410
00:23:19,840 --> 00:23:24,040
I refer you to Photograph 334.
411
00:23:28,240 --> 00:23:32,720
This bomb-damaged fragment PT/35 is
from a timer circuit board
412
00:23:32,720 --> 00:23:34,760
found in the grey Slalom shirt.
413
00:23:34,760 --> 00:23:39,080
Photograph 334 here
shows it exactly as recovered
414
00:23:39,080 --> 00:23:40,920
prior to sample removal.
415
00:23:40,920 --> 00:23:45,320
And did you conduct any comparison
exercises with the fragment?
416
00:23:45,320 --> 00:23:47,720
Extensive comparison work, yes,
sir.
417
00:23:47,720 --> 00:23:53,560
And did you find and report on what
a layman might call a match?
418
00:23:53,560 --> 00:23:55,400
Lab men also call it a match.
419
00:23:56,400 --> 00:23:58,880
The most fruitful comparison
was with control
420
00:23:58,880 --> 00:24:04,080
samples of MST-13 timers
manufactured by MEBO.
421
00:24:04,080 --> 00:24:06,680
MEBO being a company
run by Mr Bollier,
422
00:24:06,680 --> 00:24:10,440
who, we will hear, supplied
timers to the first defendant.
423
00:24:10,440 --> 00:24:11,960
I take objection, my Lords!
424
00:24:13,120 --> 00:24:14,520
My apologies.
425
00:24:14,520 --> 00:24:19,000
Mr Feraday, might you summarise
your report on PT/35?
426
00:24:19,000 --> 00:24:21,560
I concluded that the MEBO timer
fragment had an intimate
427
00:24:21,560 --> 00:24:23,880
involvement with the explosion.
428
00:24:23,880 --> 00:24:26,760
I wrote in my notes,
that along with the Semtex,
429
00:24:26,760 --> 00:24:29,200
it represented the only
piece of modification to the radio
430
00:24:29,200 --> 00:24:33,480
necessary to convert
it into a delayed-action bomb.
431
00:24:36,160 --> 00:24:39,480
The weeks have turned into
months here at Camp Zeist
432
00:24:39,480 --> 00:24:42,560
in the Netherlands, where
the Lockerbie trial continues.
433
00:24:42,560 --> 00:24:45,240
Victims' families,
have heard evidence from hundreds
434
00:24:45,240 --> 00:24:48,760
of experts detailing the immediate
aftermath of the bombing,
435
00:24:48,760 --> 00:24:50,960
and the painstaking
operation of searching
436
00:24:50,960 --> 00:24:54,840
and collecting the vast
quantity of wreckage from the plane.
437
00:24:56,280 --> 00:25:02,640
I do solemnly, sincerely
and truly affirm and declare
438
00:25:02,640 --> 00:25:07,880
the evidence I shall give shall be
the true, the whole true,
439
00:25:07,880 --> 00:25:09,600
and nothing but the true.
440
00:25:09,600 --> 00:25:10,880
MAN COUGHS
441
00:25:15,200 --> 00:25:17,440
Mr Bollier,
442
00:25:17,440 --> 00:25:22,400
you "don't recall" when you
began your company with Mr Meister?
443
00:25:22,400 --> 00:25:25,080
Well, I believe it was in 1970.
444
00:25:26,400 --> 00:25:28,360
Did you own a radio ship back then?
445
00:25:28,360 --> 00:25:29,800
Yes. Correct.
446
00:25:29,800 --> 00:25:31,520
Did you sell that radio ship?
447
00:25:31,520 --> 00:25:35,000
Yes.
To the Libyan Broadcasting Company.
448
00:25:35,000 --> 00:25:37,280
And did you move on from that
449
00:25:37,280 --> 00:25:41,160
to supplying timer devices
to Libyan Intelligence?
450
00:25:46,080 --> 00:25:47,960
Mr Bollier, you heard my question?
451
00:25:49,280 --> 00:25:50,720
That is correct.
452
00:25:50,720 --> 00:25:52,880
Timers to Libya, yeah.
453
00:25:52,880 --> 00:25:56,240
Was one of the Libyan Intelligence
officers who paid you
454
00:25:56,240 --> 00:25:58,440
for timers, Abdelbaset?
455
00:25:58,440 --> 00:25:59,680
Yes.
456
00:25:59,680 --> 00:26:01,600
A colleague of his was seeking
457
00:26:01,600 --> 00:26:04,640
to rent office space from my company
in Zurich.
458
00:26:04,640 --> 00:26:11,640
Then, later, I met him again, in
December 1988.
459
00:26:11,640 --> 00:26:15,040
- In the weeks before Pan Am 103...
- Yes.
460
00:26:15,040 --> 00:26:17,480
Yes, I saw Abdelbaset again,
461
00:26:17,480 --> 00:26:19,080
in Tripoli.
462
00:26:19,080 --> 00:26:20,800
And have you seen Abdelbaset since?
463
00:26:27,560 --> 00:26:28,920
Yes.
464
00:26:28,920 --> 00:26:30,720
I see him today.
465
00:26:30,720 --> 00:26:33,600
He's the first defendant
sitting there.
466
00:26:35,920 --> 00:26:38,440
The witness indicates Mr Megrahi.
467
00:26:39,800 --> 00:26:43,560
Your Lordship, we will refer back
to footage of Mr Salinger's
468
00:26:43,560 --> 00:26:46,640
interview with
Mr Megrahi for ABC News.
469
00:26:46,640 --> 00:26:50,920
I couldn't recognise a timer,
even if you give me one now.
470
00:26:50,920 --> 00:26:52,600
I wouldn't know what it is
471
00:26:52,600 --> 00:26:54,400
unless you told me.
472
00:26:57,040 --> 00:26:59,040
Mr Bollier,
473
00:26:59,040 --> 00:27:01,440
is this part of one of your timers?
474
00:27:05,120 --> 00:27:07,000
Well, I can't be certain.
475
00:27:09,000 --> 00:27:14,920
Mr Bollier, you have previously
testified in a Swiss court
476
00:27:14,920 --> 00:27:17,040
that this fragment of timer was
477
00:27:17,040 --> 00:27:19,960
created by your company and sold
to Libya.
478
00:27:19,960 --> 00:27:21,720
Well, I am not sure.
479
00:27:21,720 --> 00:27:25,480
How can I be sure that this is
one of my timers?
480
00:27:25,480 --> 00:27:26,960
Libya could be innocent.
481
00:27:26,960 --> 00:27:28,840
I could be uninvolved.
482
00:27:28,840 --> 00:27:30,520
The CIA should check.
483
00:27:30,520 --> 00:27:31,960
MURMURS OF DISBELIEF
484
00:27:31,960 --> 00:27:34,240
I believe you've had your own
interactions with
485
00:27:34,240 --> 00:27:36,680
the CIA, Mr Bollier?
486
00:27:36,680 --> 00:27:38,960
You left a letter at
487
00:27:38,960 --> 00:27:43,880
the Vienna Embassy on the
19th of January, 1989.
488
00:27:46,880 --> 00:27:48,320
Well, er...
489
00:27:48,320 --> 00:27:50,240
One moment please, Mr Bollier.
490
00:27:51,520 --> 00:27:53,520
In it you stated that
491
00:27:53,520 --> 00:27:58,760
you knew Libya to be
responsible for the Pan Am attack.
492
00:27:58,760 --> 00:28:00,600
Well... But...
493
00:28:00,600 --> 00:28:05,120
A man in a...in a coat, a
Mackintosh, made me write that
letter.
494
00:28:08,640 --> 00:28:10,800
Let me get this straight.
495
00:28:10,800 --> 00:28:12,320
A mystery man
496
00:28:12,320 --> 00:28:13,960
in a Mackintosh
497
00:28:13,960 --> 00:28:17,640
told you to claim Libya
bombed the plane?
498
00:28:19,560 --> 00:28:21,120
He approached me one day,
499
00:28:21,120 --> 00:28:24,280
encouraging me
to...to write this fiction
500
00:28:24,280 --> 00:28:25,680
to the embassy.
501
00:28:28,520 --> 00:28:30,840
He didn't happen to have a trilby
pulled down over his eyes, did he?
502
00:28:32,360 --> 00:28:34,280
Wha...? What...? No.
503
00:28:34,280 --> 00:28:35,720
He didn't.
504
00:28:35,720 --> 00:28:37,840
Do you recall hearing zither music?
505
00:28:39,240 --> 00:28:40,960
HE CLEARS HIS THROAT
506
00:28:44,200 --> 00:28:45,480
Unbelievable.
507
00:28:50,320 --> 00:28:53,240
The bereaved left court
distressed tonight,
508
00:28:53,240 --> 00:28:56,920
after evidence they said was
hair-raising and chilling.
509
00:28:56,920 --> 00:28:58,400
It may not have had
510
00:28:58,400 --> 00:29:00,760
the dramatic impact of last week's
evidence,
511
00:29:00,760 --> 00:29:03,920
but victims' relatives listen to
every word of today's testimony.
512
00:29:03,920 --> 00:29:05,280
What we're sitting through,
513
00:29:05,280 --> 00:29:07,520
we've been at this 11 and a half
years.
514
00:29:07,520 --> 00:29:10,280
They killed our children -
we're not going away.
515
00:29:16,040 --> 00:29:20,640
Look, guys, if there's any chance
of you changing your minds
516
00:29:20,640 --> 00:29:25,720
and helping bring justice to the
families - I work for you, Tony,
517
00:29:25,720 --> 00:29:27,680
I will keep you both safe.
518
00:29:30,040 --> 00:29:31,600
I know what I'm asking is not easy.
519
00:29:31,600 --> 00:29:35,880
You guys have got
a lot of history here.
520
00:29:37,040 --> 00:29:38,640
Yes. Yes, we do.
521
00:29:39,680 --> 00:29:42,160
The only way for you to be
completely safe
522
00:29:42,160 --> 00:29:43,880
is witness protection.
523
00:29:45,400 --> 00:29:50,520
And that means different country,
and new names.
524
00:29:50,520 --> 00:29:52,400
But our name is Gauci!
525
00:29:52,400 --> 00:29:53,960
It was our father's name.
526
00:29:56,720 --> 00:29:58,360
And what did it stand for?
527
00:30:00,600 --> 00:30:02,320
Good, honest business.
528
00:30:02,320 --> 00:30:03,400
Loyalty.
529
00:30:03,400 --> 00:30:05,400
And conducting ourselves
with honour.
530
00:30:07,360 --> 00:30:08,920
Nothing else.
531
00:30:16,680 --> 00:30:17,840
Paul...
532
00:30:20,600 --> 00:30:22,440
..we will go to the Netherlands.
533
00:30:25,080 --> 00:30:26,440
I will try to testify.
534
00:30:28,240 --> 00:30:30,240
We'll go.
535
00:30:30,240 --> 00:30:32,800
But if something happens
that's dangerous
536
00:30:32,800 --> 00:30:36,040
or different from what you promised,
537
00:30:36,040 --> 00:30:37,240
we're finished.
538
00:30:37,240 --> 00:30:38,560
We're gone.
539
00:30:42,480 --> 00:30:43,840
OK.
540
00:30:46,320 --> 00:30:47,520
Heavily guarded,
541
00:30:47,520 --> 00:30:49,120
his identity concealed,
542
00:30:49,120 --> 00:30:53,600
the Crown's key witness slipped into
Camp Zeist this morning.
543
00:30:53,600 --> 00:30:57,600
A CIA double agent who also worked
for the Libyan Intelligence
services,
544
00:30:57,600 --> 00:31:00,000
Abdul Majid Giaka has been
living in
545
00:31:00,000 --> 00:31:03,640
a witness protection programme
in the US for ten years,
546
00:31:03,640 --> 00:31:05,800
waiting for his day in court.
547
00:31:09,640 --> 00:31:11,920
Witness number 684.
548
00:31:11,920 --> 00:31:16,880
Abdul Majid Abdul Razkaz
Abdul-Salam Giaka.
549
00:31:19,400 --> 00:31:23,560
Mr Giaka, what age are you?
550
00:31:23,560 --> 00:31:26,360
Um, I am, er, 40 years old.
551
00:31:26,360 --> 00:31:28,160
Born and brought up in Libya?
552
00:31:28,160 --> 00:31:30,320
Yes. In Tripoli.
553
00:31:30,320 --> 00:31:32,520
And did you attend university there?
554
00:31:32,520 --> 00:31:36,840
Yes, I finished my studies in 1983,
555
00:31:36,840 --> 00:31:39,680
and I began working in 1984.
556
00:31:39,680 --> 00:31:42,040
For whom did you begin working?
557
00:31:42,040 --> 00:31:45,240
The Jamahiriya Security
Organisation.
558
00:31:45,240 --> 00:31:49,480
The JSO, also known as the ESO.
559
00:31:49,480 --> 00:31:52,160
And what type of organisation was
that?
560
00:31:52,160 --> 00:31:55,200
Libya's Intelligence agency.
561
00:31:55,200 --> 00:31:57,000
I worked for them,
562
00:31:57,000 --> 00:31:59,440
er, like many young people do.
563
00:31:59,440 --> 00:32:01,560
Better than military service.
564
00:32:02,880 --> 00:32:05,120
And when you moved to Malta,
565
00:32:05,120 --> 00:32:07,600
were you still
working in intelligence?
566
00:32:07,600 --> 00:32:12,680
Yes, I took a job
for Libyan Arab Airlines.
567
00:32:12,680 --> 00:32:14,320
A cover job.
568
00:32:14,320 --> 00:32:17,000
All of us
in intelligence had cover jobs.
569
00:32:18,240 --> 00:32:21,200
And what was your specific
cover job?
570
00:32:21,200 --> 00:32:27,560
I was made the assistant station
manager in Luqa airport, Malta,
571
00:32:27,560 --> 00:32:30,840
um, in the airline security section.
572
00:32:30,840 --> 00:32:34,280
And who did you report to?
573
00:32:34,280 --> 00:32:38,200
A more-senior intelligence officer -
574
00:32:38,200 --> 00:32:40,560
Abdelbaset al-Megrahi.
575
00:32:40,560 --> 00:32:44,440
His cover job was head
of the airline security section,
576
00:32:44,440 --> 00:32:47,280
and Mr Fhimah's job
was our station manager.
577
00:32:48,600 --> 00:32:55,400
So, you had the chance to observe
Mr Megrahi and Mr Fhimah closely?
578
00:32:56,520 --> 00:32:57,800
Yes.
579
00:32:57,800 --> 00:33:01,440
I became concerned about what
he and Mr Fhimah would do,
580
00:33:01,440 --> 00:33:05,120
and my organisation's
involvement in terrorism,
581
00:33:05,120 --> 00:33:07,200
so I went to the US Embassy.
582
00:33:07,200 --> 00:33:09,440
No further questions,
Your Lordships.
583
00:33:11,800 --> 00:33:14,600
Mr Giaka, to start quite simply,
584
00:33:14,600 --> 00:33:19,760
what date was it in 1988 when you
went into the US Embassy in Malta?
585
00:33:19,760 --> 00:33:20,960
Er...
586
00:33:22,360 --> 00:33:25,080
A Tuesday. August.
587
00:33:25,080 --> 00:33:27,560
It was the 10th of August 1988,
588
00:33:27,560 --> 00:33:30,120
if facts matter to you at all.
589
00:33:30,120 --> 00:33:33,560
When you came to the Americans
with your information,
590
00:33:33,560 --> 00:33:37,280
you were living in
a...a rundown little place, no?
591
00:33:37,280 --> 00:33:38,640
It wasn't in bad shape.
592
00:33:38,640 --> 00:33:40,840
Well, that's a matter of taste,
I suppose.
593
00:33:40,840 --> 00:33:43,880
Whereas now you've lived
very comfortably in the US
594
00:33:43,880 --> 00:33:45,600
for over nine years?
595
00:33:45,600 --> 00:33:48,520
It's not hard to see why you might
tell the Americans exciting
596
00:33:48,520 --> 00:33:50,040
stories about explosives
597
00:33:50,040 --> 00:33:53,640
and rush tags lying around in
Mr Fhimah's desk,
598
00:33:53,640 --> 00:33:55,880
or why you claimed to have met
599
00:33:55,880 --> 00:33:59,680
a mystery associate of Mr Megrahi's,
named Masud.
600
00:33:59,680 --> 00:34:03,440
A man you have never even properly
identified a picture of.
601
00:34:03,440 --> 00:34:05,480
They have found no pictures of him.
602
00:34:06,640 --> 00:34:09,200
Isn't this all a series of
paid lies?
603
00:34:09,200 --> 00:34:10,520
I, er...
604
00:34:12,040 --> 00:34:13,680
My information has been...
605
00:34:13,680 --> 00:34:15,360
Aren't you a liar, Mr Giaka?
606
00:34:15,360 --> 00:34:18,080
My information has been consistent.
607
00:34:18,080 --> 00:34:20,880
I went to the Americans
before the plane was bombed,
608
00:34:20,880 --> 00:34:22,400
to warn them.
609
00:34:24,000 --> 00:34:28,240
I put it to you, Mr Giaka,
that you were a low-level nobody,
610
00:34:28,240 --> 00:34:31,240
poor of education and money,
stuck in a nothing job
611
00:34:31,240 --> 00:34:32,960
at an airline in Malta,
612
00:34:32,960 --> 00:34:37,320
who realised that America could make
anything possible for you,
613
00:34:37,320 --> 00:34:40,520
provided you told them enough
useful lies.
614
00:34:41,840 --> 00:34:43,800
Does that sound accurate enough?
615
00:34:54,920 --> 00:34:56,640
They undermined
his credibility in there.
616
00:34:56,640 --> 00:34:58,080
Made him look totally unreliable.
617
00:34:58,080 --> 00:34:59,520
He was terrified.
618
00:34:59,520 --> 00:35:02,360
Credibility is
everything in a courtroom.
619
00:35:02,360 --> 00:35:05,680
I mean, these judges expect
witnesses that can back up
620
00:35:05,680 --> 00:35:08,160
our claims that the defendants
executed this plot together.
621
00:35:08,160 --> 00:35:10,720
But now, we can't even definitively
put Fhimah at the airport
622
00:35:10,720 --> 00:35:12,000
- on the 21st.
- Well, come on,
623
00:35:12,000 --> 00:35:13,240
Fhimah's own diary...
624
00:35:13,240 --> 00:35:15,160
No. The diary's not enough.
625
00:35:15,160 --> 00:35:17,400
I mean, we have to show that
any assistance
626
00:35:17,400 --> 00:35:20,160
he was gave was directly related
to a plot to blow up the plane.
627
00:35:20,160 --> 00:35:22,640
I mean, these judges require
absolute certainty.
628
00:35:24,680 --> 00:35:26,840
The seasons may be
changing,
629
00:35:26,840 --> 00:35:28,960
but the trial at Camp Zeist
continues.
630
00:35:28,960 --> 00:35:31,560
Today, the court will hear
from a Libyan government official
631
00:35:31,560 --> 00:35:34,200
who is believed to have been
responsible for issuing
632
00:35:34,200 --> 00:35:37,880
passports to Libyan Intelligence
officers, including Mr Megrahi.
633
00:35:40,400 --> 00:35:43,480
Mr El Gharour, who is your employer?
634
00:35:43,480 --> 00:35:46,360
The Libya National Passport Office.
635
00:35:46,360 --> 00:35:49,160
You will see on your screen now
636
00:35:49,160 --> 00:35:52,000
production number 1770.
637
00:35:53,280 --> 00:35:56,440
Did you in fact issue this passport,
638
00:35:56,440 --> 00:36:00,040
number 332351, for Mr Megrahi
639
00:36:00,040 --> 00:36:02,640
under the name Ahmed Abdusamad?
640
00:36:04,080 --> 00:36:06,440
I did issue this passport, yes,
641
00:36:06,440 --> 00:36:09,800
on instructions of a letter
from ESO.
642
00:36:09,800 --> 00:36:13,000
A letter we see now, Mr El Gharour?
643
00:36:16,880 --> 00:36:19,200
This is the letter. Yes.
644
00:36:19,200 --> 00:36:23,960
Mr Megrahi had three passports
valid at the same time,
645
00:36:23,960 --> 00:36:25,440
under three different names,
646
00:36:25,440 --> 00:36:27,720
including this one,
which we can see was valid
647
00:36:27,720 --> 00:36:34,600
from the 15th of June 1987
until the 14th June 1991.
648
00:36:34,600 --> 00:36:39,680
Is it unusual for one person to be
assigned three passports?
649
00:36:42,000 --> 00:36:43,520
Senior Libyan Secret Service,
650
00:36:43,520 --> 00:36:47,640
like Mr Megrahi, need
a lot of passports.
651
00:36:50,360 --> 00:36:51,560
Thank you.
652
00:36:53,160 --> 00:36:55,280
Your Lordships,
we refer you again to
653
00:36:55,280 --> 00:36:59,360
Mr Salinger's interview
with Mr Megrahi for ABC News.
654
00:37:00,520 --> 00:37:02,800
I only have one passport.
655
00:37:02,800 --> 00:37:04,160
One.
656
00:37:16,920 --> 00:37:18,560
Tony, whatever they throw at you...
657
00:37:21,440 --> 00:37:23,400
..just tell the truth.
658
00:37:24,840 --> 00:37:26,960
Think about your father.
659
00:37:28,560 --> 00:37:29,920
Make him proud.
660
00:37:52,120 --> 00:37:53,240
Joe?
661
00:37:54,760 --> 00:37:56,080
It's been a long time.
662
00:37:56,080 --> 00:37:58,880
Ed McCusker.
I didn't expect to see you.
663
00:37:58,880 --> 00:38:01,080
I heard you'd been
moved off the case.
664
00:38:01,080 --> 00:38:03,240
Oh, right, yeah. No, I was.
665
00:38:03,240 --> 00:38:06,080
Don't know, turns out I'm still
a bit useful, which is nice.
666
00:38:07,560 --> 00:38:09,920
How are you? This can't be easy.
667
00:38:09,920 --> 00:38:11,200
Yeah, I'm OK.
668
00:38:12,320 --> 00:38:13,880
Thanks for asking.
669
00:38:29,160 --> 00:38:31,280
Take a seat over there.
670
00:38:33,560 --> 00:38:34,720
Ed.
671
00:38:35,760 --> 00:38:37,840
How are those girls of yours?
672
00:38:37,840 --> 00:38:39,520
I mean, not really girls any more.
673
00:38:39,520 --> 00:38:41,000
Yeah.
674
00:38:41,000 --> 00:38:42,720
How did you get him here?
675
00:38:44,960 --> 00:38:47,880
Tony's a good guy.
He's an honest man.
676
00:38:50,200 --> 00:38:51,520
- I'm going to sit down.
- OK.
677
00:39:15,000 --> 00:39:18,640
Mr Gauci, you are fluent in Arabic?
678
00:39:18,640 --> 00:39:21,280
I...I don't understand very good
Arabic, But I can...
679
00:39:21,280 --> 00:39:25,400
Mr Gauci, I'm interested that you
don't understand very good Arabic.
680
00:39:25,400 --> 00:39:30,800
The man who came into your shop
to buy clothes spoke in Arabic, no?
681
00:39:30,800 --> 00:39:32,160
Arabic and Maltese.
682
00:39:32,160 --> 00:39:36,040
Yet you understood his accent so
well you could tell he was Libyan?
683
00:39:36,040 --> 00:39:38,240
A lot of Libyans in the area.
684
00:39:38,240 --> 00:39:43,600
Mr Gauci, would it be fair to say
you have no definitive recollection
685
00:39:43,600 --> 00:39:47,840
of the man you sold the clothes to -
his accent, nor his appearance?
686
00:39:47,840 --> 00:39:49,640
I do remember him. But, after all
these years,
687
00:39:49,640 --> 00:39:51,200
I can't remember everything.
688
00:39:51,200 --> 00:39:52,600
Thank you for your honesty.
689
00:39:54,000 --> 00:39:57,760
Let us talk about the day the Scots
police arrived in your shop.
690
00:39:59,800 --> 00:40:02,240
You mean my family's shop.
691
00:40:03,560 --> 00:40:05,320
I worked hard for many years.
692
00:40:05,320 --> 00:40:07,440
I do an honest job, for many years.
693
00:40:07,440 --> 00:40:08,760
That is not in dispute, Mr Gauci.
694
00:40:08,760 --> 00:40:10,880
Yes, yes, it is.
695
00:40:12,200 --> 00:40:14,400
And today I'm here to tell
the truth.
696
00:40:14,400 --> 00:40:18,560
Well, let us look at production 470.
697
00:40:18,560 --> 00:40:20,360
If that could be on the screen,
please?
698
00:40:21,560 --> 00:40:23,640
And if we can turn to page three,
699
00:40:23,640 --> 00:40:25,400
the bottom of page three.
700
00:40:25,400 --> 00:40:27,760
I will read part of the police
statement which was,
701
00:40:27,760 --> 00:40:30,160
presumably, read to you in 1991.
702
00:40:30,160 --> 00:40:33,000
And what it says in the second half
of the page is,
703
00:40:33,000 --> 00:40:35,560
"Mr Bell wrote down
a statement from me."
704
00:40:35,560 --> 00:40:37,600
Is that true?
705
00:40:37,600 --> 00:40:40,120
Yes. Yes, Mr Bell wrote it in
English.
706
00:40:40,120 --> 00:40:44,080
And given your limited grasp of
languages, mistakes could be made.
707
00:40:45,720 --> 00:40:48,480
I signed the statement,
as you can clearly see.
708
00:40:48,480 --> 00:40:50,480
And like I said before, I was shown
709
00:40:50,480 --> 00:40:52,760
photograph 8, and at that point,
I...
710
00:40:52,760 --> 00:40:56,320
Your Lordships, I believe
image number 8 should be
711
00:40:56,320 --> 00:41:00,080
put on the epidiascope and screens,
simply for clarity.
712
00:41:04,720 --> 00:41:07,440
I confirmed many
times, like I said...
713
00:41:07,440 --> 00:41:10,640
- Very well, let us move on...
- What I said...
714
00:41:12,320 --> 00:41:14,880
..was that from all the photographs
I have been shown,
715
00:41:14,880 --> 00:41:17,480
number 8 is the only one really
close and similar
716
00:41:17,480 --> 00:41:19,440
to the man who bought the clothing,
717
00:41:19,440 --> 00:41:21,800
and he's that man
sitting in the dock.
718
00:41:32,320 --> 00:41:34,880
I didn't go to this store.
719
00:41:34,880 --> 00:41:36,000
Umbrella?
720
00:41:37,800 --> 00:41:39,840
What would I do with this?
721
00:41:50,080 --> 00:41:53,520
The story of Lockerbie is...complex.
722
00:41:53,520 --> 00:41:57,280
There are still gaps in the facts.
723
00:41:57,280 --> 00:42:00,680
Gaps that we imagine ourselves into,
724
00:42:00,680 --> 00:42:03,440
gaps that we hope time will fill.
725
00:42:03,440 --> 00:42:07,600
But after 12 years of investigation
726
00:42:07,600 --> 00:42:11,920
and many weeks of testimony,
there is much that we do know.
727
00:42:13,600 --> 00:42:16,960
We know that on December the 21st
1988,
728
00:42:16,960 --> 00:42:20,080
a bomb caused Pan Am 103
729
00:42:20,080 --> 00:42:23,440
to disintegrate in the sky.
730
00:42:25,320 --> 00:42:28,480
We know that the town of Lockerbie,
overnight, became a vast
731
00:42:28,480 --> 00:42:31,800
crime scene, divided into sectors.
732
00:42:31,800 --> 00:42:36,120
And we know that the recovery of
bodies began that first night.
733
00:42:37,520 --> 00:42:39,400
Forensic testing revealed
734
00:42:39,400 --> 00:42:43,240
the explosion came from within
a Samsonite suitcase
735
00:42:43,240 --> 00:42:45,880
in pallet 4041.
736
00:42:47,000 --> 00:42:52,880
The defence has not challenged this,
nor the evidence that the explosive
737
00:42:52,880 --> 00:42:57,960
device was a Toshiba radio cassette
player fitted with a MEBO timer.
738
00:42:57,960 --> 00:42:59,400
Parts of both the radio
739
00:42:59,400 --> 00:43:02,240
and the MEBO timer were found
embedded in clothing,
740
00:43:02,240 --> 00:43:06,360
including Yorkie trousers
that Mr Gauci remembers selling
741
00:43:06,360 --> 00:43:09,760
to a Libyan man fitting the
first defendant's description,
742
00:43:09,760 --> 00:43:12,440
in December 1988,
743
00:43:12,440 --> 00:43:17,520
when Mr Megrahi has admitted
that he was in Malta.
744
00:43:17,520 --> 00:43:20,960
And though he denies he returned to
Malta on December the 20th,
745
00:43:20,960 --> 00:43:24,880
immigration records show that
he did,
746
00:43:24,880 --> 00:43:27,800
using one of his other passports,
747
00:43:27,800 --> 00:43:32,960
the one in the name Abdusamad,
that he claims to know nothing of.
748
00:43:32,960 --> 00:43:37,120
But, of course, has lied about his
whereabouts, as a guilty man must
749
00:43:37,120 --> 00:43:41,360
when trying to keep his house
of cards, of lies, from falling.
750
00:43:41,360 --> 00:43:42,800
Your Lordships,
751
00:43:42,800 --> 00:43:46,840
once more we will refer you to
footage of Mr Salinger's interview
752
00:43:46,840 --> 00:43:48,960
with Mr Megrahi for ABC News.
753
00:43:48,960 --> 00:43:54,240
I was not in Malta over the 20th
and 21 of December.
754
00:43:54,240 --> 00:43:55,840
Trust me,
755
00:43:55,840 --> 00:43:59,120
I was in Tripoli, with my family.
756
00:43:59,120 --> 00:44:00,880
Later in the interview,
757
00:44:00,880 --> 00:44:06,680
Mr Megrahi again claimed,
"I was not in Malta that day."
758
00:44:06,680 --> 00:44:09,280
Mr Salinger asked if he was sure,
759
00:44:09,280 --> 00:44:11,200
and Mr Megrahi said...
760
00:44:11,200 --> 00:44:12,560
This is a surprise.
761
00:44:13,760 --> 00:44:19,920
But if I had time, I could find
the proof I was in Tripoli.
762
00:44:21,080 --> 00:44:23,080
And I'm certain about it,
763
00:44:23,080 --> 00:44:26,120
because I only have one passport.
764
00:44:26,120 --> 00:44:27,480
One.
765
00:44:27,480 --> 00:44:33,240
This is how a bomb plot, like any
plot, any story, takes shape.
766
00:44:33,240 --> 00:44:36,600
A chain of devastation that can be
767
00:44:36,600 --> 00:44:39,720
traced back to one deceit
after another.
768
00:44:39,720 --> 00:44:41,880
A lie, upon a lie, upon a lie.
769
00:44:41,880 --> 00:44:45,800
But truths,
they can be linked, too.
770
00:44:48,200 --> 00:44:49,720
The night before the bombing,
771
00:44:49,720 --> 00:44:53,320
after Mr Megrahi checked in
to the Holiday Inn in Malta,
772
00:44:53,320 --> 00:44:57,560
we contend that he and Mr Fhimah met
a third individual.
773
00:44:59,720 --> 00:45:05,320
This third individual was,
we believe, Abu Agila Masud.
774
00:45:05,320 --> 00:45:09,920
We have heard the defence imply
that Mr Masud does not exist.
775
00:45:09,920 --> 00:45:11,520
Perhaps time will tell.
776
00:45:11,520 --> 00:45:16,000
But Mr Megrahi and Mr Fhimah's
whereabouts are known.
777
00:45:16,000 --> 00:45:18,240
From his Holiday Inn hotel room,
778
00:45:18,240 --> 00:45:21,720
Mr Megrahi called Mr Fhimah.
779
00:45:21,720 --> 00:45:28,240
It was 7.11am on the morning of
the 21st of December,
780
00:45:28,240 --> 00:45:33,360
the day Pan Am 103 would go down.
781
00:45:33,360 --> 00:45:35,880
And they had a plan -
782
00:45:35,880 --> 00:45:40,960
to go to the airport with
the suitcase holding the bomb.
783
00:45:40,960 --> 00:45:44,400
The case was checked on to
Air Malta flight KM180
784
00:45:44,400 --> 00:45:46,040
with a rush tag.
785
00:45:46,040 --> 00:45:49,120
It flagged the case's ultimate
destination as New York,
786
00:45:49,120 --> 00:45:50,600
via Frankfurt
787
00:45:50,600 --> 00:45:52,240
and London.
788
00:45:52,240 --> 00:45:55,920
The case should have been
checked multiple times.
789
00:45:55,920 --> 00:45:59,960
But the defendants knew what others
in the airline industry also knew
790
00:45:59,960 --> 00:46:05,640
in 1988, such safety protocols
were often ignored.
791
00:46:05,640 --> 00:46:08,000
And when the case reached Frankfurt,
792
00:46:08,000 --> 00:46:13,800
outdated X-ray machines were relied
upon as the only line of defence.
793
00:46:13,800 --> 00:46:15,520
And when it arrived in London,
794
00:46:15,520 --> 00:46:19,240
it was loaded onto Pan Am 103.
795
00:46:21,320 --> 00:46:25,120
The plot had reached
a point of no return.
796
00:46:27,000 --> 00:46:29,640
There was less than an hour left
797
00:46:29,640 --> 00:46:34,280
on the MEBO timer attached
to the BomBeat radio in the case.
798
00:46:35,680 --> 00:46:37,000
Time was ticking...
799
00:46:38,200 --> 00:46:41,320
..and the last chance to save
lives was lost.
800
00:46:43,880 --> 00:46:46,960
And to some extent, Your Lordships,
the rest is history.
801
00:46:49,600 --> 00:46:51,800
Within minutes...
802
00:46:53,280 --> 00:46:55,600
..hundreds of families had lost
803
00:46:55,600 --> 00:47:01,040
sons, daughters, husbands and wives.
804
00:47:02,640 --> 00:47:04,880
People from all over the world...
805
00:47:06,520 --> 00:47:08,880
..coming home to loved
ones for Christmas...
806
00:47:10,840 --> 00:47:14,200
..with no idea they would soon fall
from the sky
807
00:47:14,200 --> 00:47:16,720
onto a small Scottish town,
808
00:47:16,720 --> 00:47:20,240
as locals felt the heavens cave in.
809
00:47:22,520 --> 00:47:27,680
So many futures were shattered
that cold December night.
810
00:47:29,920 --> 00:47:33,080
And the world changed forever
811
00:47:33,080 --> 00:47:36,400
in the way it looked at
international terrorism
812
00:47:36,400 --> 00:47:37,960
and mass murder.
813
00:47:45,560 --> 00:47:48,480
Tonight, the court
that has heard 84 days
814
00:47:48,480 --> 00:47:50,560
and three million words of evidence,
815
00:47:50,560 --> 00:47:54,640
is ready for the final day of
Britain's biggest mass murder trial.
816
00:47:56,080 --> 00:47:59,360
From here, the three Scottish judges
will deliver their verdict.
817
00:48:00,840 --> 00:48:04,040
The British relatives of the dead
say it will be difficult.
818
00:48:07,840 --> 00:48:09,080
There you go.
819
00:48:09,080 --> 00:48:10,440
Oh, thanks.
820
00:48:26,880 --> 00:48:28,840
PHONE RINGS
821
00:48:41,760 --> 00:48:43,600
The judges have reached a verdict.
822
00:48:48,440 --> 00:48:51,360
My Lords,
have you reached a verdict
823
00:48:51,360 --> 00:48:53,680
in respect of each accused?
824
00:48:55,680 --> 00:48:56,920
We have.
825
00:48:58,160 --> 00:49:01,000
Would you give me, please, your
verdict
826
00:49:01,000 --> 00:49:06,240
in respect of the accused
Al Amin Khalifah Fhimah?
827
00:49:13,840 --> 00:49:15,200
Not guilty.
828
00:49:15,200 --> 00:49:16,920
PEOPLE GASP
829
00:49:20,200 --> 00:49:23,520
Would you give me,
please, your verdict in respect
830
00:49:23,520 --> 00:49:28,520
of the accused
Abdelbaset Ali Mohmed al-Megrahi?
831
00:49:33,760 --> 00:49:35,000
Guilty.
832
00:49:35,000 --> 00:49:36,120
Yes!
833
00:49:47,600 --> 00:49:52,240
Are both verdicts unanimous,
or by a majority?
834
00:49:52,240 --> 00:49:54,800
Both verdicts are unanimous.
835
00:49:59,360 --> 00:50:00,640
Well done.
836
00:50:18,400 --> 00:50:20,800
If this is justice,
why doesn't it feel better?
837
00:50:22,200 --> 00:50:25,040
Well, because nothing's going to
bring back your son.
838
00:50:31,440 --> 00:50:34,600
Tonight, behind high
prison walls, a Libyan Intelligence
839
00:50:34,600 --> 00:50:38,200
agent is beginning a 20-year
sentence for murder.
840
00:50:38,200 --> 00:50:41,720
And the man accused with him
is leaving for Libya.
841
00:50:41,720 --> 00:50:44,880
The three judges admit there
are uncertainties in this case,
842
00:50:44,880 --> 00:50:47,200
but nothing, they say,
that gives them
843
00:50:47,200 --> 00:50:50,200
any reasonable doubt
that Megrahi was the bomber.
844
00:50:50,200 --> 00:50:55,800
20 years is less than a month
per victim,
845
00:50:55,800 --> 00:50:59,120
and somehow that doesn't sit
right with me.
846
00:50:59,120 --> 00:51:03,440
It is with a form of relief that
we experience this today.
847
00:51:03,440 --> 00:51:04,960
You can't mend my heart.
848
00:51:04,960 --> 00:51:06,480
Cos I still don't have her.
849
00:51:06,480 --> 00:51:08,720
So, although the world's
attention may now move on,
850
00:51:08,720 --> 00:51:11,360
with the feeling
justice has been served here,
851
00:51:11,360 --> 00:51:13,680
for the 400 people who lost
children,
852
00:51:13,680 --> 00:51:16,480
the 76 people who lost
husbands and wives,
853
00:51:16,480 --> 00:51:18,640
and the 140 who lost parents,
854
00:51:18,640 --> 00:51:21,720
there are still more questions than
there are answers.
855
00:52:03,240 --> 00:52:06,560
We knew that his bags were
found in 1989.
856
00:52:06,560 --> 00:52:08,480
The last things he owned
and touched.
857
00:52:09,800 --> 00:52:13,120
Why have we had to wait so many
years to have them returned to us?
858
00:52:13,120 --> 00:52:16,640
We suspected the defence would try
to reignite suspicions around your
859
00:52:16,640 --> 00:52:22,000
son at the trial to provide an
alternative theory, however untrue.
860
00:52:23,000 --> 00:52:26,200
We had to retain your son's
belongings in case
861
00:52:26,200 --> 00:52:28,480
they were called into evidence.
862
00:52:28,480 --> 00:52:31,400
I never thought there could be
anything worse than death...
863
00:52:34,040 --> 00:52:35,640
..but 12 years of suspicion...
864
00:52:37,480 --> 00:52:38,680
..that's been worse.
865
00:52:39,800 --> 00:52:44,200
I am so very sorry for all
that your family's been put through.
866
00:52:46,120 --> 00:52:47,160
Truly.
867
00:52:50,240 --> 00:52:51,400
Please stay.
868
00:52:52,480 --> 00:52:54,480
Why don't you have some tea?
869
00:53:01,440 --> 00:53:02,840
Thank you.
870
00:53:02,840 --> 00:53:04,320
That's very generous of you.
871
00:53:15,480 --> 00:53:17,480
This must be the next generation.
872
00:53:17,480 --> 00:53:18,680
Yeah.
873
00:53:18,680 --> 00:53:20,680
They keep us busy.
874
00:53:20,680 --> 00:53:21,720
I bet.
875
00:53:22,880 --> 00:53:24,160
Mary Lou.
876
00:53:24,160 --> 00:53:26,280
Margaret.
877
00:53:26,280 --> 00:53:27,560
It's good to see you.
878
00:53:27,560 --> 00:53:29,080
Oh, you, too.
879
00:53:29,080 --> 00:53:32,000
- How are you?
- I'm good. Thank you.
880
00:53:32,000 --> 00:53:34,960
- Hi, Margaret. Hi.
- Hello, Kathryn.
881
00:53:36,160 --> 00:53:38,400
We try to spend Christmases
together these days.
882
00:53:38,400 --> 00:53:40,320
Some years me
and my Hugh go to New Jersey.
883
00:53:40,320 --> 00:53:41,440
And other years...
884
00:53:41,440 --> 00:53:42,840
We're here in Lockerbie
885
00:53:42,840 --> 00:53:44,720
with our Scottish family.
886
00:53:48,960 --> 00:53:51,240
- Shall we?
- Yeah.
- Yeah.
887
00:53:52,680 --> 00:53:53,960
Come on, kids.
888
00:53:55,240 --> 00:53:58,440
- Kathryn.
- Joe, it's so good to see
you.
- How are you?
889
00:53:59,680 --> 00:54:01,640
- Ed.
- Good to see you, Joe.
890
00:54:01,640 --> 00:54:02,880
- Dick.
- Great to see you.
891
00:54:02,880 --> 00:54:05,680
Hey, I just wanted to say
thank you, all,
892
00:54:05,680 --> 00:54:08,280
for everything you've
done on the case.
893
00:54:08,280 --> 00:54:14,040
No. Thank you, not just for fighting
for justice, but for change.
894
00:54:14,040 --> 00:54:16,320
The families should have been
protected
895
00:54:16,320 --> 00:54:19,080
and prioritised from the start.
896
00:54:19,080 --> 00:54:21,000
We can't make that mistake again.
897
00:54:27,760 --> 00:54:30,680
I remember my first sight
of Lockerbie after the bombing.
898
00:54:32,120 --> 00:54:34,040
I remember the destruction,
899
00:54:34,040 --> 00:54:36,040
the wreckage.
900
00:54:36,040 --> 00:54:39,600
But I've realised that isn't
what this place is.
901
00:54:40,760 --> 00:54:44,400
This town's character lies in the
efforts of ordinary people
902
00:54:44,400 --> 00:54:46,400
to rebuild, to repair,
903
00:54:46,400 --> 00:54:48,680
to be there for each other,
904
00:54:48,680 --> 00:54:53,160
to step up, generously, in the most
extraordinary circumstances.
905
00:54:54,360 --> 00:54:57,880
And to make whole
some of what was destroyed.
906
00:54:59,960 --> 00:55:03,200
Families from all over the world
were welcomed here.
907
00:55:04,640 --> 00:55:09,320
Kindness and communication arose
from the worst atrocity.
908
00:55:11,680 --> 00:55:17,400
Grief has remained,
but Lockerbie has set an example...
909
00:55:18,840 --> 00:55:22,080
..we hope future generations
will follow.
910
00:55:27,040 --> 00:55:29,400
BAGPIPES PLAY
911
00:56:52,800 --> 00:56:56,920
The Lockerbie bomber
Libya-bound, Abdelbaset al-Megrahi
912
00:56:56,920 --> 00:56:59,840
boarded his plane to Tripoli
just two hours
913
00:56:59,840 --> 00:57:03,880
after Scotland's Justice Minister
had confirmed he was to be released.
70948
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