|
YOU ARE REQUIRED TO READ THE
COPYRIGHT NOTICE AT THIS LINK BEFORE
YOU READ THE FOLLOWING WORK, THAT IS AVAILABLE SOLELY FOR PRIVATE
STUDY, SCHOLARSHIP OR RESEARCH PURSUANT TO 17 U.S.C. SECTION 107 AND
108. IN THE EVENT THAT THE LIBRARY DETERMINES THAT UNLAWFUL COPYING
OF THIS WORK HAS OCCURRED, THE LIBRARY HAS THE RIGHT TO BLOCK THE
I.P. ADDRESS AT WHICH THE UNLAWFUL COPYING APPEARED TO HAVE
OCCURRED. THANK YOU FOR RESPECTING THE RIGHTS OF COPYRIGHT OWNERS. |
Chapter 5:
After his appearance
with Tom Brokaw on NBC's 'Nightly News', Coleman went back to his cover
job with the Boy Scouts of America, and in the following months the fate
of Flight 103 slipped from his mind. Although he read about the case in
the Chicago newspapers from time to time, he made no serious attempt to
keep up with it, for he was still unaware of his connection with the
disaster.
As is rarely true in murder inquiries, the identity of the killers,
their motives, the method and approximate details of the weapon employed
were known to agents of several governments from the start, but for
various reasons, some political, some self-serving, this knowledge was
not fully shared with the Dumfries and Galloway Constabulary. Even so,
such intelligence information as was made available ensured that within
72 hours, the Scottish police officers investigating by far the biggest
mass murder in British history knew more or less who had done it and
roughly how. From the start, the entire thrust of their efforts was to
prove what they knew.
But odd things were happening at Lockerbie. Although the collection of
forensic evidence was of paramount importance, it was hampered for two
days while CIA agents, some dressed in Pan Am overalls, combed the
countryside for the luggage of the dead American intelligence agents and
a suitcase full of heroin. After a 48-hour search, assisted by units of
the British Army, whatever they had found was flown out by helicopter,
and in due course, one suitcase, emptied of its contents, was returned
so that it could be 'found' again officially.
It belonged to Major Charles 'Tiny' McKee, an agent of the US Defense
Intelligence Agency. It was severely damaged, possibly by an explosive
device of the type sometimes fitted in luggage used by intelligence
agents to destroy the contents before they fall into the wrong hands. As
the search continued, documents relating to the American hostages held
in Beirut were recovered, along with over $500,000 in cash and
traveller's cheques.
When the CIA's presence was reported on Radio Forth by David Johnston,
who later published Lockerbie: The Real Story, he was interviewed at
length next day by police officers who finally threatened him with legal
sanctions unless he identified his sources. This Johnston refused to do
and, oddly, that was the end of the matter. No further action was taken,
and he heard no more about it, perhaps because to have carried out the
threat would have drawn more attention to his story than was actually
shown at the time, in the chaotic aftermath of the disaster.
Odder still, and more serious, it was later reported that 59 bodies
which had been found, tagged and certified dead by a police surgeon on
22 December, were left lying where they had fallen in open country
around Lockerbie until 24 December, when they were retagged, removed and
recertified dead. But by then, according to the police count, there were
only 58 bodies. Somebody had either miscounted or one had gone missing.
Also puzzling, the name-tag observed by a local farmer on a suitcase
full of heroin before that, too, went missing did not correspond with
any of the names on the passenger list.
Another witness involved in the search within hours of the crash has
spoken of finding handguns on six of the bodies, presumably those of the
agents on board. He also saw Americans throwing tarpaulins over bodies
and suitcases so that they could examine them in private, and warning
searchers to keep clear of certain sectors, his own team included.
With the Americans scrambling to cover their tracks, the Germans also
made sure they were not left holding the bag. Although the BKA, like
H.M. Customs and Excise, had collaborated fully with their American
colleagues in supervising the leaky DEA/CIA pipeline through Frankfurt
and London to the United States, a spokesman for the German Ministry of
the Interior calmly stated on 29 December that there were no indications
that the bomb had been put aboard Flight 103 in Frankfurt -- a position
the BKA would maintain for almost a year, until finally persuaded it
would not be saddled with the blame.
No one in the Anglo-American camp was ready to buy that. On the same
day, 29 December, Michael F. Jones, of Pan Am Corporate Security in
London, received a telephone call from Phillip Connelly, assistant chief
investigation officer for H.M. Customs and Excise, who wanted to know if
Jones had 'considered a bag switch at Frankfurt due to the large amount
of Turkish workers'.
Asked to expand on this, Connelly said that before the disaster he had
attended a meeting in Frankfurt with the other agencies concerned to
discuss deliveries of heroin through Frankfurt airport involving the
substitution of bags by Turkish baggage-handlers.
The next day, spokesmen for the British and American authorities
followed up this thought by briefing the press in exactly opposite terms
to those employed by the German authorities. On 31 December, The Times
reported that the team investigating the Lockerbie air disaster had told
the Scottish police that the bomb had definitely been placed on board in
Frankfurt.
'The hunt for those responsible,' the story went on, 'is now centred in
the West German city, where a Palestinian terrorist cell is known to
have been operating for more than 18 months ... The Frankfurt terrorist
cell is known to be part of Ahmed Jibril's hardline Popular Front for
the Liberation of Palestine-General Command, and to have carried out two
bombing attacks on US military trains.'
The Times report added that Scottish police officers had flown to
Frankfurt on 30 December in the hope of interviewing Dalkamoni and
Ghadanfar, the two PFLP-GC members still in custody after the BKA raids
on 26 October. They had been caught in possession of an explosive device
'similar to the one being blamed for the Lockerbie disaster'.
In the United States, a spokesman for the FBI went further and named
Khalid Nazir Jafaar, a 21-year-old Lebanese-American citizen, as the
possibly unwitting accomplice of the PFLP-GC.
His father, Nadir Jafaar, who owned a garage and other business
interests in Detroit, said that his son had been visiting his
grandfather in the Bekaa Valley and was on his way home for Christmas
after spending a few days with Lebanese friends in Frankfurt. He feared
that the terrorists might have used his son as a dupe and planted a bomb
in his luggage. In any case, he intended to sue Pan Am for $50 million.
Commenting on the possibility that Jafaar's friends in Frankfurt might
have tampered with or switched one of his bags, Neil Gallagher, of the
FBI's counter-terrorist section, said: 'This is the type of relationship
we are analysing as we look at the passenger manifest.'
If Lester Coleman in Chicago had heard or read about the FBl's
suspicions then, ten days after Flight 103 had gone down, before the
investigators stopped contradicting one another, and before politics
intruded to distort or suppress their findings, the course of events
might have taken a different turn.
Had he known that Khalid Jafaar, a DEA courier, had been aboard, and put
two and two together, the Defense Intelligence Agency might well have
reactivated him to take a hand in the game, as it had in the past when
the DIA found itself embarrassed by the activities of TV evangelist Pat
Robertson and Lt-Colonel Oliver North. In that event, Coleman might have
had a role in cleaning up after the DEA rather than, in the end, being
compelled to act as a witness against it. Even so, ten days after the
disaster, the essential questions about the fate of Flight 103 had been
answered; what remained was the burden of proof and the issue of
contributory negligence.
The search for forensic evidence had gone well. On Christmas Eve, a
foot-long piece of aluminum luggage pallet, scorch-marked by the
explosion, was recovered, showing clear traces of the chemical
constituents of Semtex-H plastic explosive. Further tests at the Royal
Armament Research and Development Establishment (RARDE) at Fort Halstead
in Kent also established, from fragments of polystyrene and tiny pieces
of circuit board trapped in the wreckage of the luggage container, that
the explosive device had been housed in a black Toshiba radio-cassette
recorder, a two-speaker version of the Toshiba Bombeat bomb found by the
German BKA in Dalkamoni's car. Tests at RARDE on pieces of blast-damaged
luggage also proved that the device had been packed in a copper-coloured
Samsonite suitcase.
This was a remarkable piece of scientific detection, considering there
were an estimated four million pieces of wreckage from Flight 103 strewn
clear across the Scottish Lowlands into northern England, but it was
virtually the end of that line of inquiry. Bits of the bomb, bits of the
clothing that had been packed around it, and bits of the suitcase the
bombers had used were the only hard evidence the searchers would ever
find at the scene of the crime. And it would probably have been enough,
other things being equal, but German suspicions that the Americans,
aided by the British, were still trying to duck the responsibility for
the DEA/CIA operation that had gone so terribly wrong, filtered down to
the Scottish police at ground level as plain bloody-minded
obstructionism.
On 28 March 1989, Detective Chief Superintendent John Orr took the
Germans to task about it at a conference in the Lockerbie Incident
Control Centre. The minutes of the meeting show that he reviewed the
evidence pointing to Frankfurt as the airport where the bomb was placed
aboard and went on to detail the 'evidential connections' between the
disaster and the activities of the PFLP-GC in West Germany, demanding
that the BKA release their full files on the October raids and arrests.
'There was, he suggested, a strong circumstantial link, and it was
essential to find out all possible information. He stressed that he was
not saying conclusively that these people did commit murder, but there
is strong circumstantial evidence.'
Orr also reported progress in matching passengers with their baggage.
'However, if a "rogue" suitcase had been introduced into the system, and
if the suitcase containing the bomb did not belong to a passenger, then
further close examination of baggage-handlers and others would be
carried out.'
Circumstantial or not, the evidence against Dalkamoni, Ghadanfar and
other members of the PFLP-GC cell in Germany had been strong enough to
lead Britain's transport minister, Paul Channon, to tell five prominent
political journalists over lunch at the Garrick Club two weeks earlier
that arrests were imminent. They were the result, he said, of 'the most
brilliant piece of detective work in history'. As their conversation was
off the record, the information was attributed in media reports next day
to 'senior government sources' -- and was immediately attacked as
prejudicial by all concerned.
Lord Fraser of Carmyllie, who, as Lord Advocate of Scotland, was in
charge of the investigation, observed in the House of Lords that it was
not likely to be assisted by such 'wild, irresponsible speculation'.
More directly to the point, 'Getting the bastards that did this is more
important than taking credit for finding out who they are,' said an
anonymous American 'intelligence source' quoted in The Sunday Times. 'It
wasn't the Brits that found that out anyway,' he added, hinting at the
inter-agency tensions that had bedevilled the inquiry from the start.
It was left to Pierre Salinger, chief foreign correspondent for the
American ABC Network, to identify Channon as the background briefer.
Trapped by then in a web of denials, the transport minister resigned
shortly afterwards, but not, as it turned out, solely on account of his
lunchtime indiscretions. He was probably also a casualty of an
'understanding' reached around this time between Prime Minister Margaret
Thatcher and President George Bush, although both subsequently denied
any such agreement.
According to Jack Anderson and Dale Van Atta in the Washington Post, 11
January 1990, the two leaders decided on the telephone in mid-March,
1989, to soft-pedal the Lockerbie investigation for several reasons.
One was so as not to prejudice negotiations aimed at securing the
release of Western hostages in Beirut by arousing further animosity
among the Syrian-backed or Iranian-sponsored terrorist groups who were
holding them captive.
Another was that the shifting sands of Middle East politics now required
the West to find some counterbalance in the region to the monster it had
created in Saddam Hussein of Iraq -- and the best available candidate
for the job was Hussein's sworn enemy, President Hafez Assad of Syria.
While it was unfortunate that Assad permitted Ahmed Jibril's PFLP-GC to
operate openly from Damascus and although it was clear that he
controlled events in eastern Lebanon, where the hostages were held, in
the joint State Department/Foreign Office view, the West now had little
choice but to treat Syria as an object for diplomacy rather than of
police work.
A third reason, no doubt, for not pressing the inquiry too rigorously
was to shield Anglo-American intelligence operations in the Middle East
from further embarrassment. The Scottish police were getting
uncomfortably close to uncovering evidence of the DEA/CIA pipeline and
the 'controlled' deliveries of Syrian heroin to Detroit -- Monzer al-Kassar's
price for using his influence with the Syrian leadership to help with
the hostage problem.
Around the time of the Bush Thatcher telephone call, Pan Am's
investigators picked up the trail of the Lockerbie heroin and followed
it to Cyprus. On making inquiries of the DEA in Nicosia, they were
bluntly warned off on grounds of national security, a cry heard with
increasing frequency as the airline tried to prepare its defence against
the liability suits.
Sheila Hershow's interest in the same drugs lead may also have played a
part in her unpublicized suspension a week later from the job of chief
investigator to the House of Representatives Sub-Committee on Government
Activities and Transportation. Two weeks after that, on 6 April 1989,
she was fired for being 'uncontrollable' and 'dangerous'.
Further indications that the politicians had taken over were provided
later in the year by Cecil Parkinson, Channon's successor as transport
minister. In September, in response to misgivings expressed by the
families of the Flight 103 victims about the apparent lack of progress
in the investigation, he promised to arrange for an independent judicial
inquiry at which sensitive intelligence information could be taken in
camera, provided no word of his promise leaked out to the news media.
Three months later, the minister (now Lord Parkinson) was obliged to
tell them that he had been unable to convince his colleagues that such
an inquiry was necessary and that the government had decided against it.
As the magazine Private Eye observed:
'If, after a major tragedy, a
secretary of state recommends a judicial inquiry into something which is
his departmental responsibility, he is almost certain to get it. The
exception would be if the colleague who resisted it was the prime
minister.'
But why would she block an inquiry? The only possible answer is that she
was advised against it by MI5. Can it be that senior officers there,
like their counterparts in the US and West Germany, are anxious to draw
a veil over the Lockerbie incident? None of them wants anyone to know
how a bomb, of a type which the security services already knew about,
came to be placed in a suitcase which, if the current theory is to be
believed, traveled from Malta to Frankfurt, where it changed planes, and
then from Frankfurt to Heathrow, where it changed planes again, without
being identified.
It was a fair
point. Added to the Thatcher-Bush accord on a low-key pursuit of the
bombers and the consequent need for all the agencies concerned to meet
on common ground, it serves to explain why the Lockerbie investigation
stalled in mid-1989 and never really got going again, leaving John Orr
and the Scottish police to spin their wheels in frustration. After the
Thatcher-Bush accord, the emphasis of government policy changed, none
too subtly, from catching the bombers, whose identities and whereabouts
were known, to pinning the blame for the bombing entirely on Pan Am and
the undeniable inadequacy of its security arrangements at Frankfurt.
In this, the US government had powerful allies, commanding everybody's
sympathy. Relatives of the victims of Flight 103 had legitimate claims
for compensation against Pan Am and its insurers, but under the Warsaw
Convention of 1929, the airline's liability was limited to a maximum of
$75,000 for each passenger unless the claimants could prove wilful
misconduct on the part of the airline.
The enthusiasm with which American law firms undertook to represent the
families on a contingency basis in order to prove just that, coupled
with the unstinting help they received from the US government in support
of their claims, ensured that, from then on, Pan Am would be pilloried
at the bar of public opinion to a degree just short of what might have
been expected if it had wilfully blown up its own aircraft.
Any attempt on the part of the airline, its lawyers and insurers to
shift any part of the blame back to where they thought it belonged, on
the government agencies whose operational deficiencies had let the
terrorists through, was promptly denounced in the news media as a sleazy
attempt to duck responsibility for the disaster and thereby to avoid
having to foot the bill for the generous financial settlements to which
the grieving families were clearly entitled. (Pan Am later offered
$100,000 in compensation to each of the families but this was rejected.)
Surprisingly, perhaps, the most temperate comment came from Bert
Ammerman, president of American Victims of Flight 103, representing many
of the families claiming compensation. 'If what Pan Am is saying cannot
be substantiated, then Pan Am is through,' he said. 'But if what Pan Am
is saying is true, then we have the most major scandal in the history of
government in the twentieth century.'
He was right on both counts.
What Pan Am was saying was that, good, bad or indifferent (and they were
certainly bad), its security arrangements at Frankfurt were probably
irrelevant. Intelligence information strongly suggested that the bomb
suitcase had been put on the conveyor after the baggage for Flight 103
had been cleared through the airline's security checks.
Within days of the disaster, lawyers acting for the families were
seeking to get around the Warsaw Convention's $75,000 limit by alleging
that Pan Am had wilfully disregarded prior warnings of a terrorist
attack. (To hedge their bets, they also served notice that they would
file claims against the US government as well for failing to pass on the
warnings.)
On 2 November, the FAA alerted the airlines with a warning, similar to
one already issued by the Germans, about the Toshiba radio-cassette bomb
found in Dalkamoni's car. On 17 November, this was followed up with
another bulletin describing the bomb in detail and urging all airlines
to be extra vigilant. The British Department of Transport underlined
this with a warning of its own on 22 November and had a further detailed
description of the bomb in preparation when it was overtaken by events.
On 5 December the American Embassy in Helsinki received an anonymous
call about a plot to blow up a Pan Am aircraft flying from Frankfurt to
the United States 'within the next two weeks'. On 7 December, the FAA
advised all US air carriers of the threat, and the State Department
circulated an unclassified warning to all its embassies.
This was taken particularly seriously in Moscow, where the entire
American community was advised of the threat. Like the earlier alerts,
the Helsinki warning was still in force when Flight 103 took off from
Frankfurt on 21 December, and although it was later dismissed as a
coincidental hoax, this was no consolation to the families of those who,
unaware of the State Department's warning to its staff, had bought
standby tickets for seats on Flight 103 vacated by American diplomats.
With the US, British and German governments prepared to stand pat on
what they had done to alert everybody (except the traveling public) to
the danger, attention then shifted from the weaker ground of Pan Am's
wilful disregard of these warnings to the more promising ground of its
wilful failure to observe the FAA's baggage-security requirements.
The first suggestion that the airline might be vulnerable to this line
of attack had appeared in the New York Post only two days after the
disaster. A report from Tel Aviv declared that an Israeli security firm
had told Pan Am two years earlier that its security arrangements in
Frankfurt and London were 'dangerously lax'.
This story was quickly followed by reports that baggage recovered from
the wreckage could not be matched with any of the passengers aboard
Flight 103. According to the Sunday Telegraph, 'The implications of this
are causing investigators grave concern because police believe that
matching luggage to victims is an essential first step towards tracing
the bombers.'
It was Pan Am's concern over problems of baggage security that had led
the airline in 1986 to commission a survey of its procedures from KPI
Inc., the New York arm of an Israeli firm of consultants headed by Yossi
Langotsky and Isaac Yeffet, former chief of security for El Al. Their
200-page confidential report was scathing. As copies began to turn up in
newspaper offices around the world, lawyers for the families seized on
it avidly.
'Pan Am is highly vulnerable to most forms of terrorist attack. The fact
that no major disaster has occurred to date [1986] is merely
providential,' was one of the more damaging conclusions.
Another was that Pan Am's security was in the hands of 'an
organizational set-up which suffers from a lack of authority, and an
alarmingly low level of training and instruction'.
And again: 'The striking discordance between the actual security level
and the security as advertised by the corporation may sooner or later
become a cause of harmful publicity. In the event of casualties or
damage resulting from terrorist action, the question of fraudulent
advertisement would assume even greater significance.'
And worst of all: 'There are no adequate safeguards under the presently
operating security system that would prevent a passenger from boarding a
plane with explosives on his person or in his baggage, whether or not he
is aware of the fact.'
No matter how Pan Am protested after the report became public that
changes had been made which 'satisfied both the security needs of Pan Am
and the Federal Aviation Administration'; no matter that the co-author
of the KPI Report, Isaac Yeffet, said after the Lockerbie disaster that
Pan Am had been unlucky, in the sense that its security was neither
better nor worse than that of other airlines -- Pan Am appeared now to
stand before the world virtually self-condemned of wilful misconduct.
Certainly, any deliberate evasion of security regulations exposing
passengers to unnecessary risk would have merited that charge. And
certainly, there were security lapses by Pan Am at Frankfurt on 21
December 1988 that were probably unpardonable after the airline had been
warned of the dangers of terrorist attack. Nevertheless, Pan Am's
procedures were essentially the same as those followed by every other
airline (but one) at every other airport in the world.
As the DEA, the BKA, H.M. Customs and Excise and any international drug
trafficker like Monzer al-Kassar will acknowledge, if it is possible for
suitcases to be lost or stolen in transit, it must also be possible for
suitcases to be switched or added in transit. With the security systems
operated by every airline in the world (but one), there is no finally
effective way of preventing corrupt airport workers from putting an
unchecked bag in with legitimate luggage for a flight to America or of
preventing corrupt airport workers in the US from intercepting that bag
on arrival -- and a bag smuggled aboard in this manner could as easily
contain explosives as a shipment of heroin.
The only way to exclude, with reasonable certainty, the possibility of a
bomb being placed on a passenger flight is to have the aircraft guarded
around the clock, to hand-search everything that goes aboard,
accompanied or not, and then to keep everything and everybody under
continuous observation until the aircraft doors are closed for departure
-- and even then, the risk of human error or corruption would remain.
Among airlines, only El Al does that, and because of the time it takes
to hand-search every piece of baggage, passengers are required to check
in at least three hours before departure.
If all airlines were obliged to do the same, airport terminals around
the world would come to a standstill. At Frankfurt alone, about 60,000
pieces of luggage are fed through the airport's baggage-handling system
every day. If they all had to be hand-searched, existing flight
schedules would have to be abandoned, and international air traffic on
its present scale would soon become impossible -- a level of disruption
that terrorists would no doubt be delighted to achieve without risk or
effort on their part.
Today, the danger of terrorist attack, like the danger of design faults,
equipment failure, pilot error, traffic congestion, bad weather, metal
fatigue, bird-ingestion and all the other acts of God and man against
which it is impossible to legislate, is a risk every passenger takes in
using so convenient, and so vulnerable, a service as air travel -- which
is not to suggest that governments and airlines are under anything but
the most solemn obligation to minimize those risks in every possible
way.
In the case of Pan Am Flight 103, both government and carrier failed in
their duty, but in the 'national interest' and for reasons of 'national
security', the airline was left to carry the full burden of blame.
At the very least, this was a gross dereliction of responsibility. The
destruction of Flight 103 was not simply an attack on a commercial
airliner but a deliberate act of war against the United States, whose
government was, and is, accountable for the safety of its citizens at
home and abroad.
To expect an unsubsidized commercial airline to assume a government's
role in defending its citizens against state-sponsored terrorism, as
well as the more specific function of airport security in a host
country, is unreasonable. The airline's duty is to provide a third line
of defence against the known danger, and, however defective this may
have been in Pan Am's case, it can hardly be blamed for defects in the
first and second lines of defence. For the US and German governments to
disown any responsibility for letting the terrorists through, and then
to blame everything on Pan Am after their own agents had connived at
bypassing an already inadequate third line of defence was
unconscionable.
But once the findings of the KPI Report became known, anything Pan Am
chose to say or do was dismissed as a cheap attempt to pass the buck.
All that the lawyers for the victims' families needed to do in order to
get around the provisions of the Warsaw Convention was to show that Pan
Am had been warned of the risk of terrorist attack and had not done
enough about it. Now, with every reason to suppose they could make the
charge stick, a legal action 'proving' wilful misconduct on the part of
the airline would also have the effect of absolving all three
governments of their misconduct.
By the end of 1989, with the investigation effectively stalled for
political reasons, with public opinion conditioned to accept that the
mass murder of 270 airline passengers was Pan Am's fault, and with the
BKA at last prepared to acquiesce in a joint cover story, the American,
German and British co-sponsors of the 'controlled delivery' run from
Lebanon to the United States could relax a little.
No one was likely to talk. Everyone connected with the operation had
some degree of culpability or negligence to conceal, and no one could be
required to testify while they remained in government service. As they
approached the first anniversary of the disaster, the only really
worrying loose end was Lester Coleman, the one man outside the loop who
knew about the heroin pipeline at first hand, who had fallen out with
the DEA on Cyprus, who was no friend to the CIA, and who had just been
reactivated by the Defense Intelligence Agency for Operation
Shakespeare.
Could he be trusted to keep his mouth shut?
He had chosen to involve himself with the Lockerbie disaster by
appearing on network television to answer questions about it. And barely
three months later, Pan Am's lawyers and investigators had arrived on
Cyprus asking about a dope pipeline to the United States.
A coincidence? Or had Coleman gone off the reservation?
With the 'national interest' at stake, who could afford to take chances?
It was a job for the octopus.
Go to Next Page
|