Megrahi - The Legacy of Lockerbie BBC Scotland Investigates

compassionate grounds. He always denied responsibility for the

bombing of the Pan Am flight. We investigate the effect that his

death might have. It is alleged that al-Megrahi conspired with

others to further at the purposes of the Libyan intelligence services

by criminal means, and in particular the destruction of a

passenger aircraft and the murder of its occupants. He was released

so he could die in the comfort of his family. That is not something

he offered us when he murdered our kids. Qualified people who have

looked at the evidence have come to this same conclusion - namely that

this verdict should never, ever have been reached. That there was a

travesty of justice. The only man ever convicted of the Lockerbie

bombing maintained his innocence until his death. But now he has

died, what is the legacy he leaves behind? Was he responsible for the

biggest terrorist attack in Britain or is he the victim of the biggest

miscarriage of justice? It has been 23 years since I came to Lockerbie

as a reporter for BBC Scotland to cover the worst act of terrorism in

British history. Today are still find it incredible that a disaster

of such enormity could have happened here, in the small market

town. Probably the first man to realise what had happened was an

air traffic control at Prestwick. He watched horrified as the jumbo

jet to disintegrated five miles above the town. I watched it come

up over southern Scotland and then suddenly the contacted this

appeared and in its place was what looked like Christmas lights.

American jumbo jet with more than 250 people on board has crashed

tonight in the Scottish Borders. terrible explosion. You could not

describe it. The whole sky lit up and it was raining liquid fire.

Please God, protect us. We arrived in Lockerbie about two hours after

the bombing. It was a scene of utter hell and devastation. The

emergency services were be in large numbers but many of them were

because there was no-one to be saved, there was no-one to be

rescued. The jumbo jet contained 259

passengers and crew. They also died. The principal pieces of debris fell

to earth in almost a straight line. The nose cone landed at the top of

this hill. The main piece of the fuselage landed in the gardens

where you can see the washing hanging out. A further half mile

distant add to show what President the wing section with fuel tanks,

laden with tons of aviation fuel, hit the ground set and burst into

flames, up causing a fireball which killed 11 people in the street.

looks to me from here as if about half a dozen houses are on fire,

almost totally gutted. Scotland's we Johnston arrived one

hour after the plane had crashed. What did it look like on the night?

My first sight of it was from the motorway. A scene of utter

devastation, this enormous fire, a total Inferno. A dreadful, dreadful

scene. Where we are standing here was more or less right in the

middle of the crater? That is right. This scene is a memorial garden,

where the houses were destroyed. The decisio The decisio that

this would never be built upon again. I remember going to the

press conference the following morning and there was a journalist

from London from a rival news organisation. He said to no-one in

particular, don't forget chaps, it is history you are writing tonight.

On there is a lot of truth in that. On it is certainly the case that

the aircraft clearly experienced some form of explosion which has

resulted in many parts of it falling in different locations.

What might have caused that to happen, I cannot begin to speculate.

As dawn began to break, we were up the hill at the church and it was

then we saw for the first time the in the field. And all around it

bodies, some covered by sheets. It was quite an appalling scene.

the ground there were two imperatives: To treat the survivors,

and it was pretty clear that no-one in the aircraft had survived, and

then to find out what happened. The job fell to Britain's smallest

biggest and most complex investigation Scotland had ever

seen was underway. This investigation is widening on an

international scale. At this time over 3,000 witness statements have

been collected. I have nothing but praise for the dedication shown by

all concerned in what can only be recognised as a vast undertaking.

In Lockerbie itself Christmas decorations were taken down while

the police investigation continued. Evidence was being gathered far

from the town, with wreckage retrieved almost as far east as the

North Sea, 70 miles away. Detectives determined that the bomb

had been planted in a radio cassette player. It took almost two

years of painstaking evidence gathering before the men accused of

this atrocity could be named. And longer before one man could be

convicted of 270 counts of murder. That man was Abdel Basset al-

Megrahi. But was al-Megrahi involved in the atrocity? And if so,

why would he have done and? And who was the man behind Britain's worst

terrorist outrage? To Live Here comes unity and nationhood. Tripoli

1951, the coronation of King Idris of Libya, just four months before

al-Megrahi was one. And military queue belated deposed him and a 27-

year-old Colonel seized power. Muammar Gaddafi was to rule Libya

as a pariah state for the next 40 years. In 2002 he accepted what he

called civil responsibility for the Lockerbie bombing. But why it might

be Libya have been behind the attack. The US bombed Libya in

response for an attack in which US servicemen servicemen killed.

Dedication under extremely difficult circumstances was

extraordinary. I do not think we have had anything like it in the

annals of the US military. Gaddafi, who claimed his four-year-old

adopted dau adopted dau killed in the to export revolution around the

world. And in 1988 a US Navy ship, the incense, shot down an Iranian

Airbus carrying pilgrims. It claimed they were threatened by a

guided miss guided missst 300 people died. Was Libya acting on behalf of

the ran when it carried out the Lockerbie bombing five months

later? One man who got to know al- Megrahi well is John Ashton, a

journalist to join his defence team. He was asked to write his official

biography. He was born in Tripoli in 1952 into a very poor family,

they shared a house with three others. He had health problems as a

young man that he did quite well for himself. He studied, worked

hard, and got decent jobs. While a senior official at his airline job

he was recruited into the Libyan secret service. Aber Gaddafi, the

secret service was for decades a sponsor of terrorism. It supplied

arms to the IRA and was responsible for the murder of WPC Yvonne

Fletcher in London. Before Christmas 1988 claimed the Libyan's

biggest outrage. Flight 103 disappear from radar in Prestwick.

Pan-American Airways says it has lost contacts with its flight 103.

After years of international trade sanctions the Libyans finally gave

two men up to trial. This is the first time the world saw al-Megrahi,

here along with his fellow Libyan. When they left Tripoli in 1899 to

stand trial it was more than ten years after the bombing. Their

trial took place at a disused airbase in the Netherlands. It

marked the culmination of complex diplomacy establishing an

are charged with conspiracy, murder and controversy end of the aviation

and Security Act 1982. The trial was held and the Scottish legal

procedure, but with one significant difference. Part of the negotiation

which led to the trial at the camp involved at the jury of 15 being

replaced by a panel of three judges who were to decide whether or not

the charges against the accused were proven beyond reasonable doubt.

It was a completely unique way of dealing with a trial, not only

because it was outside Scotland. That little patch of the

Netherlands had to be declared Scottish. Without that the hike hot

judiciary would not have had jurisdiction. It was a dramatic

moment on a dramatic day. Earlier the relatives of those killed in

the Lockerbie bombing came face to face for the first time with those

accused of killing their loved ones. I was in the nether lands to

witness legal history as a Scottish court sat in a foreign country for

the first time. The case lasted 88 days and I watched first hand as

the evidence against al-Megrahi was put to the court. To their

understanding of the destruction of the aircraft the judges were shown

dramatic reconstructions of the explosion which tore the aircraft

apart. It was a forest in rocks, 20 miles from Lockerbie, which

provided the key evidence against al-Megrahi. Evidence was given that

al-Megrahi had bought the Thai, the clothing and the suitcase in which

the bomb was hidden. And that he used his Libyan Airlines

connections to put the luggage onto a feeder flight in Malta. We cross

live to the camp in the Netherlands. What is happening? Magrath he has

been found guilty of the charge of murder. Al-Megrahi was convicted

and he launched an appeal, which was rejected in March 2002. Within

hours he had been flown to Scotland to serve his life sentence. He was

transferred to a prison where he had a single cell on the top floor.

What sort of prisoner was he? to know him quite well. He was a

mainstream prisoner. He was not in isolation. He mixed in world and he

spoke to me on a daily basis. I had many conversations with him. He was

a highly skilled individual and he knew he had his survive in a

Scottish prison. He used his excellent people skills to make

sure he was well-liked and well received by everybody, staff and

He is in no doubt that Megrahi's legacy is one of Scotland's

greatest miscarriages of justice. believe he is innocent the three

reasons - one is that I have studied all the evidence, including

some that was never in the trial court. Secondly, a lot of evidence

suggested that other people were responsible. But there is also my

knowledge of the man himself and nothing in his demeanour and nobody

I have ever met who knows him, has ever suggested that he was

responsible for that crime. Flora Swire was one of the Lockerbie

victims. Her father has campaigned since the guilty verdict to have it

overturned. There is a blind faith in this verdict which is making it

more difficult for us, inevitably. Because the politicians, and say,

we got one of those who murdered your family. I'm sorry, but the

answer is, know you did not. I think that you frame somebody,

deliberately, who you knew was not in fact guilty. Despite accepting

responsibility in 2003 for the attack, the Gaddafi regime later

denied their involvement. Yes, we sent a letter to the

Security Council saying that we are responsible for those facts. But it

does not mean that we did it. Lockerbie case has been surrounded

by speculation, with conspiracy theories fuelling doubts over the

conviction of Megrahi. A senior investigator says that there was no

conspiracy. I think that a lot of people expected more. There was a

lot of circumstantial evidence all put together to build this wall.

That's all that it was. And a lot of people expected it because

people watch television. It is a neat package in an hour. They see

the crime, all the evidence, and then it is all over. Everybody

agrees with television after an hour. Real life is not quite as

simple. I understand people's reluctance to accept that. Because

there is a belief that there has to be more. If there is not more,

maybe somebody is hiding something. And while I can say is that we are

not. The man jailed for the biggest mass murder in Scott it criminal

history will return to court to try and overturn his condition.

Scottish. Megrahi applied to the Review Commission which took four

might is to investigate his case. It is the most complicated and

complex and lengthy application that we have ever had to deal with.

Logistically, the first thing we had to decide was, how to deal with

it. Normally, an investigator will have 10 or 12 cases on his books at

any one time. This time, we had to put together a team who were

dealing exclusively with this case. It was 50 times as large as a

normal case. Megrahi's legal team argued there would any

inconsistencies in the prosecution case and too many questions that

remained unanswered. The Scottish Criminal Cases Review Commission,

after a former Kia investigation, agreed with them, and send the case

back to the appeal Court. In particular, they queried the

evidence of a shopkeeper, who said that Megrahi had bought the

clothing which was discovered wrapped around the bomb fragments.

Days before the trial began, Mr doubt he picked out Megrahi at an

identification parade held. It was crucial to his conviction. But the

court was not told that he had seen a photograph of him in a magazine,

shortly before the ID parade. It was one of a number of examples of

a prosecution apparently failing to disclose important evidence to the

defence, which it must do to allow a fair trial. But these arguments

were never tested in court. Because Megrahi dropped his appeal and six

days later, the SNP government controversially released him on

compassionate grounds. Compassion and mercy are about upholding the

police and we -- that we seek to live by. Remaining true to our

values as a people. No matter the severity of the provocation or the

atrocity perpetrated. For these reasons, and these reasons alone,

it is my decision that Mr Abdelbaset Ali al-Megrahi,

convicted in 2001 of the Lockerbie bombing, now terminally ill with

prostate cancer, be released on compassionate grounds and be

allowed to return to Libya to die. I think it has been the single most

unpopular thing that the SNP have ever done. And MacAskill and some

of the managers -- ministers, at their heart of hearts, had the

feeling that Megrahi was innocent. But that was not there area.

political fall-out internationally was massive. We have been in

contact with the Scottish government, indicating that we

objected to this. And we thought it was a mistake. We are now in

contact with the Libyan government and one to make sure that, if this

transfers has taken place, that he is not welcomed back in some way,

but instead should be under house arrest.

It was not to be. Megrahi still convicted, returned home to a

hero's welcome. He was released following a prognosis that he had

less than three months to live. But the longer that he outlived that

testament, the more ill-advised the Scottish government's decision

seemed to the rest of the world. Scotland's reputation

internationally suffered. So did its relationship with the United

States, where senators carried out an investigation. It instead of

living three months, he has lived 13 months and counting which means

that somebody it was wrong, or worse. The Americans believed that

Megrahi's release was part of the political deal allowing BP access

to Libyan oil fields. It followed Tony Blair's deal in the desert

with Colonel Gaddafi, offering a prisoner transfers for Megrahi,

though the UK government could not free him from a Scottish jail. But

why did Megrahi drop his second appeal, he did not need to? He is

adamant that he would not have dropped his appeal, having not been

indicated to him that dropping the appeal would enhance his chances of

being granted compassionate release. The man who led the prosecution at

Camp sized regrets Megrahi's decision to abandon his son --

appeal. Personally, I was disappointed that

he did not continue with the appeal. Because I think that it may very

well have settled some of the issues that surround and the appeal.

I am sanguine enough to know that the conspiracy theory will always

surround the Lockerbie trial and I'm sure there are still those who

say, even if the appeal had been upheld on the second time, that

something had gone wrong. But in fact, even though Megrahi has now

died, the second appeal could still be sought. If the commission

receives an application, they will first Lee have to satisfy

themselves that it comes from someone who has a legitimate

interest -- firstly. They would have to be satisfied that the

application is supported by the family of Mr Megrahi. They would

then have to consider whether it was the interests of justice to

accept the application for review. By King Tripoli, Megrahi moved into

his family house in an upmarket district. He outlived his prognosis

many times and then his boat to BBC Scotland in his last interview and

continued to claim that he had never dealt with the key witness

against him. This man, I have never seen him in

my entire life. He is a very simple man. But I do forgive him. Andirons

the giving him. It and I am facing my God and he's got as well. He has

still believe this. He will come before God. I want him to know that

I'd be give him before I die. This is the truth. Dr Jim Swire, whose

daughter Flora died in the bombing, believes that. He received a

surprise gift from Megrahi when he visited him in prison. A very

touching thing happened when we had this meeting. He is a devout Muslim.

So is his family. This was just before Christmas. He produced a

card which he had written in before I have come to see him. It said,

happy Christmas on the outside. Inside, it said, two doctors wire

and family. Please pray for me and my family. He knows that I'm a

Christian. That was quite an extraordinary event, for him to be

able to actually want me as somebody from another phase, to

pray for him and his family. I was very touched about that and I think

it says a lot about him and his attitude. No bitterness or rage.

many American relatives were less beginning. This man's son Alexander

was a student returning from Europe for Christmas and he feels no

sympathy for him. You never feel closure. You lose a 21 yards signed

and it is with you for the rest of your life. Am I sad that Megrahi is

dead? No. I feel - I was at the trial for almost every day of the

trial. There was very little doubt in my mind that he is guilty. And

the judge's felt the same way. He was relies so that he could die in

the comfort of his family. It is not something that he often does

when he murdered our kids. Megrahi's legacy is of an

unimaginable crime. But there is a positive legacy as well, among the

people of the town where the plane came to earth. The Lockerbie bomber

showed a complete disregard for humanity in what they did. It in

the way that the people of Lockerbie it responded, there was

huge humanity shown. Especially to their American relatives and the

way that they cared for their American relatives and

relationships that still last to this day. This remembrance garden

outside Lockerbie opened one year after the disaster. It's still

receives lots of visitors. I think that many connections are still

being held. There are still ready- made Segers and visits exchange.

And the scholarship that was set up to help to sustain that as well. I

think that Lockerbie set about having grasped the enormous see and

realising that the culprits were not likely to be hunted down within

a couple of weeks, they set about doing what they could do something

about - and that was to look after relatives. And, just generally, it

sounds trite, but make themselves useful. And that tended to be

practical. One of the few undamaged houses in Lockerbie was that of the

town's Roman Catholic priest. believed Megrahi in a present, and

said that announcing his release, he was prepared to be judged by an

authority higher than the Scottish courts. I think that obviously we

need to stand before God and be accountable for our actions and I

believe what Mr Megrahi told me, that he was prepared to die and

stand before he's got as an innocent man. -- is god. The world,

and in particular Libya, has changed dramatically since the

tragedy of long -- Lockerbie. The regime there which toppled Gaddafi

has meant renewed contact between Scotland and Tripoli. It is

insisted that Megrahi did not act alone. The Scottish prosecution now

hopes that further light may be shed on the conspiracy which caused

Scotland's worst peacetime offs of life. Megrahi is has died a