Showing posts with label FAI. Show all posts
Showing posts with label FAI. Show all posts

A Smoking Gun Left in Plain Sight

Bedford's Bags: What They Were and Weren't
February 17 2011

last edits Feb 20

The bag that blew up
It’s been accepted for over 22 years that the explosive device responsible for destroying Pan Am 103 was within a brown (antique copper), hard-shell Samsonite suitcase, Silhouette 4000 series by its partial remains. This was eventually connected, in an extended fit of fevered imagination, to Libyan agent al-Megrahi, based at the time on the island of Malta.

The suitcase was “found” on flimsy evidence to have traveled unaccompanied from Malta, tagged for PA103, and transferred in Germany to a Pan Am feeder flight, 103A. When the feeder arrived in London at around 5:35 pm, it was decided, the death package was re-loaded into the luggage container AVE 4041, which was then loaded onto the 747 Flight 103, which took off into the sky at 6:25.

The explosion inside the Silhouette 4000 shortly thereafter caused damage to the container suggesting the case was in the lower outboard corner, apparently in the second layer of luggage. Investigators were quite certain this put it among the majority of items loaded from the feeder, but at the very bottom of that batch – just above the few suitcases loaded before the feeder landed, at terminal three’s “interline shed.”

And it’s there we find our smoking gun.

The bags Bedford saw
The plot from Malta is complicated by on-the-ground evidence at Heathrow: the report of baggage loader John Bedford. He was in charge of Pan Am’s operations at the interline shed of terminal three, where luggage from other airlines connecting onto PA flights was re-screened and loaded into containers. Employees of Alert security ran the x-ray part, while Bedford, in this case, placed the items into the “tin” in question.

Of all the cases passing into AVE4041 through the shed that afternoon, none stood out to Bedford except for a pair he reported to the police when they interviewed him in early January 1989. (see: the Bedford suitcase(s)) He described them as brown or maroony-brown, hard-sided Samsonite-style cases. That’s a remarkable fit with the primary suitcase, although apparently in duplicate.



[To clarify a side-point, I proceed here on a different assumption from most. A careful reading of Bedford suggests both mystery cases he saw were the same color and style. As he said: “They were [both] hard cases, the type Samsonite make. One was brown in color and the other one, if it wasn’t the same color, it was similar.” This plus their appearance at the same time suggests – though it doesn’t prove - a matching set from one owner, and thus both suspicious. Somehow no one else seems to read him the same way, and focuses on one of the two (the left one is specified somewhere) that matches the official style. But I go with what I see, causing the occasional disconnect between singular and plural forms below, as well as apparent complications addressed partly in this post.]

The cases appeared in his absence, Bedford said, but were vouched for by the Alert security x-ray man Sulkash Kamboj. But Kamboj himself denied this to police, and so no one can attest to seeing either one of these bags cleared for safety or placed in the container. This is in itself a minor mystery that raises some questions about what that luggage really was and how it got there.

What they weren’t: Megrahi’s luggage
A crucial aspect of Bedford’s story is its timeline. They mysterious hard-shells appeared around 4:40 pm, about an hour before the feeder 103A, carrying the fabled Libyan Samsonite, had landed in London. There’s no ambiguity possible here; Bedford clocked out right after the incident, and took his eyeballs home at 5:02, over a half hour before the feeder touched down. So clearly, neither one of the bags could be a stray sighting of that Maltese-origin packet-o-clues, which would be the third, or at least the second, brown hard-shell case accepted as going into the lower levels of AVE 4041.

What they weren’t: recovered later
The position Bedford saw the cases in was side-by-side, flat across the front half of the container floor. (see "Visualizing the Bedford story"). Unless they were moved, these would have become damaged by the explosion, accepted as centered about one inch above the left-hand twin. The bomb was powerful enough that nearly half the cases in the container, 25 out of 55 or so, showed signs of explosives damage, so clearly as they were reported, neither of the mystery cases was far enough away to escape harm.

But as the Zeist judges summed it up in 2001, “the evidence did not disclose that any fragments of a hard-shell Samsonite-type suitcase had been recovered, apart from those of the primary suitcase itself.” In fact, neither brown fragments of nor any intact cases of that style with the slightest bomb damage were found, except the one.

To explain this lack of damaged Bedford bags in the evidence, the UK Fatal Accident Inquiry in 1990, bafflingly, did nothing. The judge (Sheriff Principal), John Mowat QC, had in his evidence two brown hard-shells flat on each other, with the upper one from Malta blowing up to be recovered in bits, and the other, still on the floor … vanishing entirely, it seems.
"I am therefore satisfied that the suitcase in which the explosive device was contained was among those transferred from Flight 103A to Flight 103 […] On all the evidence I consider it is probable that bags from flight 103A were placed on top of the two interline bags lying flat at the front of the container.” [FAI 1.rtf]
This last is a clear reference to the ones Bedford spotted, although the determination gives no description of the cases that just fell through the gaps in Mowat’s logic. He did hear in the proceedings (re-read at the Zeist trial) a badgered “admission” from Bedford that the twice-affirmed “maroony brown” bag “could have been” a completely different color, blue even. It’s not clear what effect, if any, this forced appearance of vagueness had on Mowat’s decision. (the lead-up to this memory lapse, which I read as "badgering," is fascinating reading, but the voice inflection and cadence we don't now have might reveal so much more).

The Camp Zeist judges, in their 2001 Opinion of the Court [PDF] fared a little better with explaining its absence from the pool of damaged luggage. They accepted Bedford’s original report on the color of the mystery case, but speculated that it “might have been placed at some more remote corner of the container” just before the re-loading from 103A. It’s a neat thought, but only the upper corners are remote enough to work when half the luggage in there wound up damaged. And those spots obviously were not available until the end of loading from 103A.

Further, there’s no reason to rule out a move to the near corner, just a few inches away, where a case just like that blew up.

Further, the judges’ speculation founders on the fact that apparently no non-damaged case that could fit the description turned up either. The best they could do was say this:
“[W]hile the forensic evidence dealt with all the items recovered which showed direct explosive damage, twenty-five in total, there were many other items of baggage found which were not dealt with in detail in the evidence in the case.”
If the prosecution could find and explain the non-damaged, non-explosive Bedford bag(s), anywhere in the police records, the judges would have heard about it. Yet they’re left having us presume such a case must have been buried by oversight in that quiet bone yard.

Simply put, the investigation and the trial judges accept with bland resignation that the maroony-brown suitcase(s) never turned up. In real life, things don’t just disappear when it’s convenient for them to. In the mind of SCOTBOM, or Camp Zeist, however, it appears everything is permitted in deciding what is and isn’t true.

What they were called: interline luggage
The Scottish police ruled early on that the Bedford suitcases, like all of the luggage in AVE4041 before the feeder landed, was from interline passengers on flight 103. On March 28 1989 Senior Investigating Officer John Orr told investigators gathered at the Lockerbie Incident Control Center (LICC) that:
“Evidence from witnesses is to the effect that the first seven pieces of luggage in the container belonged to Interline passengers and the remainder was Frankfurt luggage.”
“Seven pieces” included five suitcases Bedford first lined up along the container’s back (quite likely it was a few more than this), plus the two mystery cases. The "effect" that this was all interline baggage was not from "evidence from witnesses" - who all swear they don’t know where the cases came from - but from the name of the shed (interline) where the suspect bags were inserted.

The FAI and the Zeist judges, by their wording, agree in calling all pre-103A bags interline, and it’s been the blanket classification ever since. This inherently rules out a Khreesat bomb, the early suspect device built with only one take-off before it blows. If the missing one of those had interlined to London, it wouldn’t get there - it would be scattered along with a plane and its passengers on some field not far from the first airport.

But my article “After the Break-in” outlines how a Heathrow intruder in the airside area of terminal three – which had its security breached in the early minutes of December 21, by the way - could make an introduced bomb appear wherever he managed to sneak it into the flow. If he weren’t caught in the act and the items were tagged right (perhaps even with an sticker saying it was X-rayed), it would wind up looking like, for example, interline luggage. It would run the danger of appearing mysteriously and catching someone’s attention, and of course, something was noticed on December 21 that matches the bomb bag style. So that leaves us … still spooky.

What they weren’t: interline luggage
The presumption that luggage appearing at the interline shed would be interline is only natural. But other possibilities exist, so it should be double-checked before being presumed. If they really belonged there, just whom did this case or these cases, so similar to the Libyan Samsonite, belong to?

Investigators did in fact try to figure it out. Scots detective John Crawford wrote in his 2006 book about analyzing the “first fifteen of the interline passengers” to locate any possible link to the bombing. [JREF link] He said these were high-profile or secret-mission people who might be targeted, have their luggage swapped, etc. Researcher Rolfe has decided instead this was likely all of the interline passengers he looked at, only some being special targets. But these fifteen at least would have any luggage switch from “Air whatever” to the interline shed to be x-rayed and then placed by Bedford. Some of them must have gone elsewhere than AVE 4041, however, as there were no more than eight cases in there before the mystery set appeared. Apparently Crawford found no sign that any of the fifteen possessed such luggage, or it would have clearly explained away Bedford’s story.

The four “Larnaca interline: passengers,” the most targetable subset of Crawford’s list, are of special interest. Major Charles McKee, Dan O’Connor, Mathew Gannon, and Ronald LaRiviere all came in on an Air Cyprus flight, all on sensitive missions related to embassy security and hostages in Lebanon. The four were shown to have held four cases between them, with one (O’Connor’s) left off the flight and sent later to New York. [JREF link] Thus they account for three of the 5-8 bags Bedford placed along the back of 4041: A blue softshell Samsonite and two gray hard-shell cases. All three were recovered and showed signs of explosive damage, especially one of McKee’s case, which also has its own mysteries attached.

Again by the silence we can presume that among the other half of the genuine interline passengers whose cases were in 4041, none had such a case to explain the still-unexplained sighting.

What they weren’t: passenger luggage at all
We can further infer that no such luggage should have been interlined to that container from the fact that no passenger on flight 103 was found to own such a case. Sherriff Mowat issued a finding in his FAI determination that meant one thing there but becomes very interesting in the current context:
I am therefore satisfied that the suitcase in which the explosive device was contained was among those transferred from Flight 103A to Flight 103. I am also satisfied on a balance of probabilities that it was not associated with any of the passengers who boarded Flight 103 at Heathrow. This decision is based upon the evidence of Detective Constable Henderson who analysed the baggage which was recovered and those pieces which were not recovered and where possible linked each piece with the person accompanying it. He gave evidence to the effect that none of the descriptions given by relatives of the baggage which they expected the victims to have been carrying fitted this suitcase.
As Rolfe sums up: “This makes Bedford's left-hand bag very mysterious indeed. […] So if there was no legitimate suitcase answering the description of the bomb bag, what the hell was it that Bedford saw if it wasn't the bomb bag? Of course this evidence was not led at Zeist.” [JREF link] Indeed, as we've seen, the judges there did not rule them out like this, but left the impression they were innocent interline luggage. Unlike at the FAI, the Malta bag and its Megrahi genesis was well-defined by then and separated itself well enough for the judges to forgo such games.

Therefore, besides the color and style description and location, we must add another disturbing shared trait between these mystery cases and the primary one – all of them were something other than passenger luggage. That’s an important point to consider as the odds steepen into sheer cliffs.

And to state it again in shorter form, FBI lead investigator Richard Marquise, in his own 2006 book, affirms no one on the plane at all owned such a case.
Quote:
"Interviews of the American relatives as well as those who had last seen the passengers who boarded the aircraft revealed little additional information. None of them owned or had a brown hard-sided Samsonite suitcase." [p 41]
Marquise was trying, as Mowat was, to isolate the Libyan suitcase from Malta, but he’s unwittingly chased it into a closet already stuffed with one or both of the cases Bedford reported. None of these two or perhaps three brown hard-shell Samsonites was passenger luggage.

What they remain: sidelined yet relevant
The Bedford suitcases remain to this day unexplained, and equally sidelined and declared irrelevant in every conceivable way. That what he described was the bomb suitcase is the first thing one should have suspected comparing it to the physical evidence and known terrorist weaponry and motivations. All this was available to investigators before the Spring thaw of 1989, yet it was the first option British investigators denied and found against at every available chance, using whatever was at hand.

First, SIO John Orr and his people found that the larger number of Frankfurt origin items in the container (aside from the bottom) led to “balance of probabilities” conclusion it came from Frankfurt. Soon it was established that the blast was slightly too high in the container (not right on the floor) to be one of the bottom interline bags. These were incapable of being stacked or otherwise re-arranged into a slightly higher position (this has never been stated, but always implied).

Then the primary case was found by the esteemed "political scientists" at RARDE to have been on top of a blue soft-shell case from Frankfurt, which had replaced the left-hand Bedford case on the floor. This forensic “fact” was absent on Dr, Hayes' first examination in 1989, and indeed unknown to the 1990 FAI, seeming to appear only later, and supported by contradictory and suspect clues. (see “the Monster of Newcastleton Forest”)

And finally, the Malta link to Libya was established. In August 1989, an unaccompanied bag from Malta was noticed, and later it was decided Megrahi bought the clothes inside of it. Megrahi was at Malta airport as that item appeared to have left, under an alias no less, and was "seen" by witness Giaka in possession of the case. Bingo, the Bedford evidence was finally history. Too bad that construct, elaborate as it was, is now in tatters, held together only by legal convention and increasingly willful denial of reality.

And the clues that rag pile obscures suggest one coherent narrative – a Khreesat bomb loaded in London to help the Iranians get their vengeance for Iran Air 655. One of the key London clues, Security guard Ray Manly’s report of a break-in at terminal three, was completely erased by police (on accident, they say) and never considered as the debate raged over whose airport screwed up (the Brits won).

On reviewing this awkward tribal dance around Bedford’s story, it’s evident that, like Manly’s report, it would have been much easier to dance over its unmarked grave. But for one reason or another this likely smoking gun of the Lockerbie bombing was kept in the public record, in plain sight but overlooked by the eyes with power. Even as it’s been divorced from relevance to legal truth, the unusual insertion spotted at 4:40 pm may still be more than an amazing compound coincidence. It might in fact be central to the physical reality that took 270 lives two and a half hours later.
---

Yet another Red Flag From Heathrow

The Evidence of Peter Walker
June 8 2010


Previously at this site, the various accounts of two Pan Am employees, John Bedford and Sulkash Kamboj, have been laid out. While Bedford's statements offer an invaluable clue, collectively their testimonies were riddled with inconsistencies. Both insisted they always told the truth before, even when two truths conflicted, and their memory is too hazy now to help. Recounting the events in the interline shed of terminal three - on the afternoon before Pan Am 103 fell apart upon leaving there - should have been of immense importance. But with attention drawn to points east, these and other Heathrow clues were left hanging and clouded.

Yet another red flag appears just down the way from their workplace, with Mr. Peter Walker, who ran the “baggage build-up area” at terminal three. Here baggage from Heathrow-originating passengers was consolidated into containers, and occasionally a container from interline would be topped off or await an incoming flight here. Walker was mentioned previously as Bedford’s supervisor and casual friend. By Bedford’s story, the two had tea together in the late afternoon of December 21, and Walker gave Bedford leave to go home around 5pm, telling him to bring near-empty container AVE4041 to build-up on his way out.

The main thing about this is the container just sitting there, in the open, not visible inside the build-up office, but accessible to any terrorist who could blend in. Bedford's clues point to the bomb getting in the tin back at interline, but the extra opportunity of this long unattended span (perhaps 45 minutes) must be considered by those thinking about London origin.

But my point here is an inconsistency in Walker’s testimony that eerily recalls Beford and Kamboj. JREF forum member “Buncrana” tipped me off that in this case, Walker first swore he made no such arrangement with Bedford and had no clue a container (“tin”) had been left at build-up at all. And yet a year and a half later casually claimed to recall just what Bedford had said.

[Source throughout: Camp Zeist trial transcripts. Day 43, August 24 2000.
pp 6246-6292]

(from) Production 1227; statement of Peter Walker to DC Adrian Dixon. January 10, 1988 [sic] Original reference number S2206
I have been asked about an AVE tin that came from interline to baggage build-up. I understand that a tin was brought round from interline, but I have no knowledge of who brought it round or what time this would have been. I can't recall seeing it in baggage build-up.

Earlier that afternoon, I think about 3.30 p.m., John Bedford, the loader working in interline, came to my office. This is a quiet period in interline, and he came for a cup of tea. I did not make any arrangements with John about him bringing the tin across from interline.

I again saw John Bedford at about 5.00 p.m.. He was on his way home.
I have been informed * that an AVE tin came from interline to luggage build-up and then to Kilo 16, where it was filled with Frankfurt to New York baggage. I have no knowledge of this and do not recall seeing this AVE tin.
* Q Then part of the next sentence appears to be deleted:
I have been told ... And then it goes on instead: I have been informed -- do you see that? --
A Yes.

(from) Production 1221
Transcript of the Fatal Accident Inquiry, 1990
Peter Walker testimony, page 4170


Q Did you see Mr. Bedford at any time in the course of that afternoon?
A Yes, I did.
Q What time was that at?
A Approximately 3.30, 3.45.
Q And was there any particular reason for his visit at that point?
A We had a cup of tea together.
Q It was simply a social call?
A A social call, yes.

Q Did you see him again in the course of that afternoon?
A Yes, I did.
Q And what time was that at?
A Somewhere between 5.00 and 5.15.
Q And what was the reason for his visit then?
A He brought some bags round that he had at the interline, and then he went home.
Q Were these bags which were simply lying individually, or were they in a container?
A They were in a container. 
Q Did you see the container that Mr. Bedford brought round?
A Yes, I did.
Q Where did he leave that container?
A Outside my office.
Q Did you have a clear view?
A Not clearly entirely, no.
Q Did you see how many bags were in the container?
A I was told; I didn't see them personally. I was told there was approximately six.
Q Was that information Mr. Bedford gave you?
A Yes, he did.
Camp Zeist Trial, Cross-examination by Mr. Davidson for the accused, following police statement
Q Now, did you say that to the police?
A Yes.
Q And that was the truth?
A Yes.
Q And to remind ourselves, this was on the 10th of January 1989, I think we can safely assume?
A Yes.
Q So as of that date, Mr. Bedford [sic], you are effectively saying to the police that you didn't know anything from your own knowledge about any such tin, or through any conversation with John Bedford?
A Yes.

Mr. Davidson, following FAI testimony
Q Now, do you accept that you made all these answers to these questions, Mr. Bedford [sic]?
A Yes, sir.
Q Do you accept, then, Mr. Bedford [sic], that that represents quite a significant departure from the position that you adopted when first interviewed by the police on the date already quoted -- I think it was the 10th of January 1989.
A Yes.
Q Are you able to explain for the Court's benefit, please, Mr. Walker, what it was that caused such a change of position on your part?
A I can't answer that.
Q You've already told us that you didn't have any discussion with Mr. Bedford of any significant nature about this disaster; is that correct?
A Yes.
Q And, I take it, it follows from that answer that you didn't have any discussion with him about what he could recollect about that day in relation to containers from the interline shed and when he brought it and what number of bags he told you, none of that --
A Yeah.
Q -- occurred by way of conversation with Mr. Bedford; is that so?
A Yes.
Q But, apart from that, you are not able to assist us, explain this apparent change of position?
A I can't explain it.
Q You can't. Would you accept, on the face of it, it seems a bit unusual?
A Yes.

Q So is the position this, Mr. Walker: That you did not see any container that afternoon brought around from interline shed destined for the New York flight by Mr. Bedford?
A I can't honestly remember, sir.
Q You see, when you were interviewed by the police, and you effectively told them that, you said that that was the truth that you told the police?
A Yes.
Q A matter of three weeks, perhaps, approximately, after the incident?
A Yes.
Q Is that correct? And for some unexplained reason your position changed quite radically by the time you came to give evidence --
A I can't explain that. I'm sorry, I don't know why that happened.
Q All right, Mr. Walker. Thank you.
By all accounts, Walker would have to approve Bedford going home, and even in the first, most distanced version, he admits seeing Bedford going home. He would have been aware of timetables, and that flight 103A hadn’t arrived yet, so whatever Bedford had been loading at interline wouldn’t be out on the tarmac meeting it yet and it wouldn't be left alone at interline. He swore he knew nothing of a container at build-up, but simple deduction should have left Walker suspecting one was sitting out there.

And besides the logic of his police statement, there’s Walker telling a different story, one consistent with Bedford’s, to the FAI in 1990. He says he told the truth both times, but can’t explain how that’s possible, and can’t now remember what happened at all. So we’re left on our own.

Early ’89 and late 1990 are two quite different times, and I’m inclined to favor the latter statement as more truthful. One salient difference is that in January, Walker wouldn’t know that a Heathrow origin for the bomb would be ruled out. By the later testimony, everyone knew it came in from Frankfurt with its abysmal security. So there was less pressure to disavow anything you had thought might have to do with the bomb.

We know that when he talked to the cops, Peter Walker knew more about AVE4041 and its contents than he told them. The pertinent question now is how much more did he know?
---

Bedford on the Color of that Brown Samsonite

(incomplete)
last edits 2/26/10

The official findings of the Lockerbie investigation have always held that the primary suitcase (the bomb bag) was inside cargo container number AVE 4041, and was a hard-sided type of Samsonite make, "brown" in color. Quite or exactly like the model at left used as a control sample, with a reddish cast, it could be called "maroony-brown." It’s not remarkable itself and might be expected to slip through an entire system without anyone noticing it at any particular spot. But an unusual bag might wind up standing out a little.

Of the dozens of items that would be loaded into 4041 for loading onto Flight 103, the only case matching this that was both seen and remembered is the one seen by John Bedford, a Pan Am loader / driver at Heathrow International Airport. He saw it there, in AVE 4041 a thousand miles from Malta, over an hour before the arrival of the feeder flight that allegedly brought the primary suitcase. It stood out because it was placed there in his absence, along with another bag of similar type, by a co-worker, Mr. Kamboj. I'll cover these details elsewhere, here I'd like to focus on the color and the official acceptance of that aspect of his evidence.

Police reports: 1989
Bedford gave at least two statements to police Detective Constable Adrian Dixon on 3 January and 9 January 1989. One would presume earlier interviews as well, but none that I've seen yet. The first of these two isn’t directly quoted in Court, at least regarding color, but the second includes an incorrect spelling of Kamboj and I will quote it in part as:
"I went to see Peter Walker in baggage build-up leaving Camjob in interline. I returned about 4.40 p.m., Camjob told me two further suitcases had arrived for PA 103 which he had put in the tin. I looked inside the tin and saw the suitcases that I had put in the tin still in the same position. Lying on their sides in front of the other suitcases, handles pointing towards the back of the tin, were two suitcases. They were hard suitcases, the type Samsonite make. One was brown in colour, and the other one, if it wasn't the same colour, it was similar. In size, they took up the remaining base area of the tin. [day 44, p 6463-65]
Please note he cites them both as the same Samsonite hardshell style, and apparently the same color. The qualifier "if not ... similar" may just be Bedford second-guessing his presumption this was a matching set of luggage. The Bedford suitcases.

Fatal Accident Inquiry, 1990/91
The UK Government's Fatal Accident Inquiry made no mention of Mr. Bedford, or anything indicating Heathrow origin in the slightest, in their final report of 1991. They did however realize a bag of the same type was used, and however they dismissed it from their findings, they did question Bedford about his report to the effect of seeing one. Some of the questions posed there, regarding color, were read out at trial in 2000 by Mr. Davidson for the defense. He called up “a transcript of a Fatal Accident Inquiry where you gave evidence in Dumfries.” Each of the points below was generally agreed by Mr. Bedford that he said these things and did so believing them to be true. Therefore I’ll again quote the reading of the original Q and A as if I had those transcripts. [from pages 6482-85]
"Q Can you recall whether on 21st December, 1988 any of the luggage that you dealt with or saw at the interline shed destined for Pan Am 103 was a bronze Samsonite case?
A Yes, sir.
Q Did you see a bronze Samsonite case?
A A maroony-brown Samsonite case, yes.
...
Q Now, I wonder if I could get in a bit more detail of the colour. What is your recollection about the colour of the case lying in that position?
A I think it was a brown or maroony colour, hard-backed suitcase.
...
Q But as far as colour is concerned, can you be any more precise than you have been in your evidence?
A No, sir, I am sorry."
He needn't be more precise - he starts here with a clear enough memory of a maroony brown case to correct a slightly different description. But of course that's the color and style of the bomb bag, and in roughly its position, and so the re-questioning continued, chiseling away at the color question and his memory. My boldings here indicating unusually directive words, that just in text (without voice inflection aids) seem to communicate displeasure with the witness' answers and a desire to see them change:
Q I think it's fair to say that you have been seen on a number of occasions by police and other investigating agencies; is that right?
A Yes, sir.
Q And as far as the colour of that particular case is concerned, have you always expressed the same view as to what the colour was?
A To my knowledge, I have.
Q Isn't it fair to say that on different occasions you thought it was brown OR maroon, and at one point you were quite certain it was maroon?
A Yes.
Q Again this is no criticism of you, but I am anxious to know what the state of your evidence is about colour. In view of the different expressions of view over the period, are you able to be clear at all as to what the colour of that case was?
A No.
Q With regard to the suitcase that you saw lying down flat to the left side of the container, I would like you to think back as best you can. Could that suitcase have been a blue suitcase with a maroon or brown trim?
A I couldn't say.
Q You don't know whether it was or not?
A No, sir.
Q But it could have been?
A It could have been.
I know I imagine things into the evidence sometimes, but I can't help but read that as Bedford's memory being broken. No, he finally admits, he doesn't know what he's talking about at all. Blue with brown trim compared to all reddish-brown is an exaggerated distinction, when suggesting burgundy or dark tan might suffice to confuse the report away. Whatever this said the the witness, at the beginning he remembered a set color, and the end no more - it might've been "any colour you like," good sir, to paraphrase Pink Floyd.

I would presume it was on this basis the FAI finally decided these cases were somehow irrelevant, alongside the dubious reasoning that the bag was too high up and couldn't have gotten that way unless it had come in from Germany first.

Zeist Trial, 2000
Mr. Bedford was unable to recall any details of the bag or of what happened around it, or talking to police afterwards, by the time of the Zeist trial in 2000. Aged 60 at the time, it was perhaps just natural memory loss at work, or perhaps more – he seems plenty lucid on some points, but defiantly unable to recall other memories. He did affirm for the defense details of his story, as if it were relevant to the investigation, by agreeing he had probably said those things and was presumably being truthful. But he could not then testify to their truth again. The Zeist Judges did accept his story - color, style, placement by Kamboj in his absence, without badgering it as they'd only be arguing with police reports. Then they calmly dismissed its relevance based, as we've seen, on "could haves."

Re-examination by Mr. Turnbull, p 6489
Q Can I ask you about two things, please, Mr. Bedford. The first is the colour of the suitcase that was at the front of the container. You remember being asked some questions a moment ago about that?
A Yes, sir.
Q What is your recollection now as to what colour that suitcase was?
A None at all, sir.
Q All right. Did you have much of a recollection as to its colour by the time you gave evidence at the Fatal Accident Inquiry?
A Yes, sir.
Turnbull then tried to jump right to the last two questions from the FAI quesioning above, where he professed uncertainty about the color. Mr. Taylor for the defense swiftly objected that unless the preceding questions were read out, rather than just seen on-screen, it would be absent from the record and put “an unfair gloss … on the witness's recollection.” Lord Sutherland agreed and had Turnbull reread the previous passages which seem to have directed Mr. Bedford to become so indecisive.

... rest coming
but that might be about it. I'm soliciting comment - can anyone play devil's advocate and find a reasonable cause to push the color issue like that? What patterns does anyone else see in this?