Showing posts with label Wyatt J. Show all posts
Showing posts with label Wyatt J. Show all posts

IED Fragment Survivability Tests

(incomplete)
last update Jan 31 2011

The Basics and Prosecution’s Case
The heart of this Improvised Explosive Device (IED) that tore down Flight 103 was Semtex-H, in an amount that can only be estimated. Official guesses at the weight are not widely reported, but Professor Christopher Peel of the Royal Aeronautical Society, at the Zeist Trial in June 2000, testified to his calculations; around 450 grams was used, and wound up a bare 25 inches from the plane's fragile skin. These findings were challenged by the Defense, according to the Scotland Herald, but Peel doesn't stand alone. [Source]

There were also forensics tests, reported by David Leppard in his 1991 book On the Trail of Terror, that are said to confirm "RARDE's initial assessment that the bomb had contained about 400 grammes of Semtex high explosive - less than a 2lb. bag of sugar." These were the Indian Head tests carried out April 89 in the USA by RARDE's Ferraday and FBI's J. "Tom" Thurman. Interestingly, Leppard cites this confirmation as "the explosive charge used to bring down the plane was 'in all probability' about 454 to 680 grammes or 1 to 1 1/2 pounds of Semtex." [p 139-141]

I'm no expert on how much energy is unleashed by 454-680 grams of this legendarily powerful compound. But consider the "trial loading" below used at trial (image found here and improved the labels a bit, added width notation). This is the alleged bomb - a Toshiba RT-SF16 "BomBeat" radio with explosive, a detonator rod, battery and MST-13 timer without waterproof casing, all fitting in a remarkably small case, about 16 inches across. It has the cassette assembly, about 4 inches wide, removed to allow the pat of semtex. This makes the timer, it seems, no more than two inches from that origin of the blast - inches of mostly air, not lead.

According to the officially accepted evidence of what actually survived these circumstances, refer to the following crucial evidence attested to.
- Fragment of bomb timer circuit board
Obviously, the half-inch square fragment of circuit board named PT/35(b) was a crucial clue to Libyan guilt, as seen on TV with its identifier "Tom" Thurman. This is the part people have been questioning in recent years. This led to Swiss makers Mebo, who only made a few of these ever, for Libyan intelligence JSO.

- Fragments of radio housing, circuit board, etc.
These were fairly small, fragmented, melted, lumped together in far-flung luggage. The radio remains are not implausible, but didn't prove the radio type. Consistent with but not exclusive to the RT-SF16.


- Fragments of radio instruction manual

This nearly-intact cover page saying Toshiba RT-SF16, was supposedly found in a field and brought in by citizens. This and other page fragments clumped together were consistent with a RT-SF16 manual, and convinced the Zeist judges of the model. This was presumably in a plastic sleeve, packed snugly in the radio box, perhaps three inches from the explosive center. Result - crumpled and torn a bit, slight singeing.

If it's bizarre, it's proportionally useful; the radio model itself is said to indicate Libyan guilt. It's not very conclusive, but 3/4 of the small run of RT-SF16s were sold to a company said to be connected to Libyan intelligence.

A Challenge: Dr. Wyatt's tests
Over the years, critics have contended the amount of explosive really used, their type, their placement, and whaether or not i would be strong enough to rupture an aircraft, or too strong to have left the clues that were found. The last question was brought to the fore, and left there it seems, by recently announced experimental evidence. Repeated tests simulating the alleged conditions indicated that larger items like, in particular, the famous bomb-timer fragment that nailed Libya, would have never been found if they were in the explosion. This was aired by, of all parties, the BBC program Newsnight, on 8 January, 2010. The program is currently viewable at this BBC page and definitely worth a watch. The tests were carried out by Dr. John Wyatt, an explosives expert retired from the British Army, now running a security consulting company called SDS, and is a blast consultant for the United Nations (Europe and North Africa region). The details behind how he came to test the official scenario – twenty times over - is unclear at the moment, and so far there’s been no detailed report of his methodology and precise findings, but just what the program shares is compelling enough.

From what Marshall explains in voice-over, Dr. Wyatt carried out his twenty tests over time, starting with the radio bomb detonated by itself. One sample he showed the cameras is at right, a suitcase filled with random clothes, and a radio (different model than alleged, a bit larger), rigged as a bomb and set in a homemade cardboard box. Another he showed contained yet another type of radio, bright red, and a suicase he says is the same model used for PA103 (Samsonite hardside). Both were soon after blown up with the pat of plastic explosives tucked inside. Of the consistent results, Wyatt told Newsnight:
“I must admit, since the quantity of explosives we were using was only three or four hundred grams, I thought there were going to be some remnants of the radio left. But it – it – (chuckling) it just totally disintegrated. I mean really just went into tiny, tiny bits."
Please note that he was using amounts, if this accurate, of 300-400 grams, when the Indian Head Tests considered 454-680 grams the likely force behind the half-inch readable chunk "found" in the Scottish countryside. Wyatt elaborated a bit on method to The Times of Malta, specifying a separate timer was included and considered, as well as the general radio unit, and that the tests were done in varying conditions.
"We tried exploding the device on its own; in a radio similar to the one it was supposed to have been planted in; in a suitcase with and without clothes; surrounded by other suitcases and, eventually, in a container. In all tests, the timer and the circuit board were completely destroyed."

He later “built the tests up” to a finale – a dozen or so pieces of luggage piled in an airliner luggage container, arranged among other containers, and detonated in a field, videotaped from several viewpoints. This last was the only outdoors test; he told the Times he had done the other 19 indoors, “to make sure we could collect all the evidence.” Collecting the remains is what it was all about, of course, and so they used sparse concrete rooms (rather than a hundreds of square km countryside) and “we even painted the circuit board bright yellow to make it easier to identify any fragments among the debris. In no circumstance did we find any fragment," Dr Wyatt explained. Presumably he means no fragments of the scale of PT/35(b), since elsewhere he does mention “tiny tiny bits.” Perhaps the yellow was simply cooked off in all cases?

Above is a dramatic image from one of the tests, in a darkened room and greatly slowed down. The curly stuff is presumably the "hard-side" suitcase material, the little bars parts of its frame. The white-hot cluster at center is that 3-400 grams of explosive, semtex it should be, consuming the whole radio and vaporizing/weaponizing everything around it. Do consider that the bomb penetrated the plane's hull, after losing force bursting from the luggage container, after tearing through the suitcase lining, surrounding clothes, cardboard box, and the radio's plastic casing. The timer would be got to right away, before any energy was lost in an of those battles. Is Wyatt's testing just an elaborate (and expensive) way of proving the patently obvious?

Presented by Newsnight host Peter Marshall with the official story again - that a 1cm square chunk of circuit board so near the blast survived inside a small piece of cloth, and was found on the ground, during manual searches, 35 km from Lockerbie? Dr. Wyatt stopped precisely this far short of calling it all a grand farce:
"Obviously these things are not impossible, we only carried out 20 tests, we didn't carry out 100 or 1,000 tests, but in every of those 20 tests we found absolutely no sign at all. So I find it highly improbable that you would find anything like that, particularly at 10,000 feet when bits are dropping into long wet grass over hundreds of miles. […] I do find it quite extraordinary and I think highly improbable, and most unlikely that you would find a fragment like that – I mean, it is unbelievable.” [emphasis as spoken]

Response and counter-response

- Crown Response / Indian Head Forensic Tests
A Scottish Crown Office response quickly followed. It started with a standard appeals to 'we already won, he was convicted,' which have no bearing on the issue at hand, which cuts to the how of the conviction. They note irrelevant facts like "Dr John Wyatt has never examined the timer fragment (PT 35)." Indeed, only certain scientists who have a history of "political" science (Feraday, Thurman) were allowed touch this one and decide it was indeed from the Libyan explosion. Erroneously, the Crown Office state "conclusive forensic evidence proved that the fragment was part of the timer ... at the time of the explosion which destroyed Pan Am 103." Such tests apparently consisted of finding it in a burnt piece of shirt. They did not test it for explosives residue, or do anything to prove it was not planted for them to find. Most interesting and relevant, the press release stated:
"In fact, extensive explosives tests were carried out in the United States in 1989, some time before the fragment PT35 was extracted by the forensic experts, as part of the Lockerbie investigation. The purpose of these tests was:
o to estimate the amount and location of the explosives used on PA103;
o to establish the extent of damage to the improvised explosive device ( IED ), the adjacent suitcases and their contents; and
o to ascertain what parts of the IED and its contents it was possible to recover and identify." COPFS original posting
This fragment survivability aspect is not mentioned in Leppard's book, but hinted at with the note that the clothing within the IED case was “sprayed with a distinctive colour of paint for ease of identification.” [p 139] The Crown office release continued to explain what was found:
"After a number of test explosions a detailed search was made and circuit board fragments, radio cassette casing and parts, fragments of instruction manual, the suitcase and clothing were all recovered in a condition which was consistent with the debris recovered in relation to the Lockerbie disaster." 
The results of these tests have never been formally publicized to my knowledge, making verification impossible. David Leppard does cite a varying amount of explosive in each test - from 360 to 680 grams. [p 140] Interestingly, Alan Feraday had overseen the low end test, and probably recovered the debris from a 360-gram blast "in a condition which was consistent with the debris" that started being found and identified by Mr. Feraday himself and his scientists, right afterwards. RT-8016 radios were used in the US tests, exactly like the model later identified from 103's wreckage, except for case color - the 8016 is white, the SF16 black. The best identifier of the radio model, aside from the amazing manual, was AG/145, a lump of material including a tiny but identifiable bit of internal circuit board. This was consistent with either Toshiba model.

Conclusion: More Information Needed
If indeed there's something in the Indian Head tests that clearly contradicts Dr. Wyatt's findings, and large fragments (up to 1cm square) were indeed recovered from an equivalent blast, the details should now be brought forward. Dr. Wyatt insists 300-400 grams of semtex disntegrates the whole radio, and shown us at least some of the methodology. On the other hand, we've got a few lines in an error-filled Crown Office press release suggesting that Thurman and Feraday did it right and got big chunks similar to what they found - and that they felt was after a blast of 454-680 grams.

That is a serious discrepancy. Obviously the laws of physics are immutable and unchanging, so if two sets of tests produced different results, then some variable was set up differently (wrong) between them. So far Dr Wyatt's is more open, better illustrated, makes more sense, and reeks less of politically-driven obfuscation, but Id like to see more documentation on that as well.
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Update: A little more information has come out on the tests since the first article. See "On Planted Evidence"

Update Jan 2011: Dr. Wyatt's findings and credibility are in some question. See later comments below.

Allen Feraday

The Political Scientists of Lockerbie, part 2/3
First Posted 26 October 2010
last edits 29 October



Introducing Allen Feraday  
At the time of the Pan Am 103 bombing, Allen William Feraday was the top deputy to Dr. Thomas Hayes, head of the forensic explosives laboratory for RARDE, the Royal Armament Research and Development Establishment. Following Hayes’ departure in latter 1989 - to become a foot doctor - Feraday took his position as the lab‘s director. Both men were formative in the science of the Lockerbie bomb suitcase, as officially understood. Their work on that ran parallel to the shuffling about, which was apparently connected to a probe of Hayes’ involvement in the shady Maguire Seven case of 1976 (see link above).

Patrick Haseldine’s famously deleted Wikipedia page on Alan Feraday sums up nicely that he “has appeared as an expert witness at criminal trials leading to convictions in at least four high-profile cases, three of which were subsequently overturned on appeal. The appeal in the fourth case is ongoing.” [1] Of course that last is no longer pending, as of August 2009 when Abdelbaset al-Megrahi surrendered his appeal of conviction for the bombing of flight 103. I’m not entirely sure how many other cases he’s been involved in and how these turned out, but the four are interesting and I’ll opt to show the same basic bias, aside from mention of a fifth case that has been challenged but not to my knowledge overturned.

On the other side of the spectrum of opinion, David Leppard, in On the Trail of Terror, offers effusive praise for the man erroneously named in the index as “Dr. Allen Feraday.” [2] It’s been widely acknowledged he has no formal training on a doctorate level, only a Higher National Certificate in Applied Physics and Electronics that was apparently pretty old; according to Leppard, the good “doctor” had beneath his belt a solid “34 years explosives experience” as of writing in 1991 (or since 1957, by my math). [2 p74] A 2005 article by Michael Tierney and run in the Herald (Scotland) said Feraday was then “in his sixties,” and had retired a decade earlier with “42 years” experience. [3] If that’s all true, he could be born no later than 1935, and started work with bombs in 1953, at around age 18 at the oldest.

Just what he was doing there for the decades before the 1980s is unclear from available evidence. But he acts like a paranoid spook, as Leppard’s book expands:
"Not surprisingly both Feraday and Hayes were high on the IRA’s death list. ‘He’s very, very good, so obviously he’s subject to high-level security precautions,’ said a Scotland Yard Bomb Squad expert who has worked closely with Feraday on IRA cases.  
Feraday is the archetype of the secret scientist. He travels to work in a hire car which he changes every week. Even some of his closest colleagues do not know where he lives; just that he has a wife and family and they live somewhere in the south of England.” [2 p74-75]
Fighting Terrorism with Circuitry
But the phase of his career under consideration here is less about bombs than about electronics. The oldest of the high profile cases in question was only in 1983, with the prosecution of businessman John Berry, a former Royal Marine Commando. His company was selling electronic timers to the Syrian government. He didn’t seem to know what exactly they were to be used for, but it could have been anything, he and his defense argued. But the judge didn’t buy it after hearing the Crown's lone expert witness, the eminent Allen Feraday.
"I am of the opinion that they have most probably been specifically designed and constructed for terrorist purposes. I am unable to contemplate their use other than in a bombing context." [3]
As Michael Tierny described it in his amazing 2005 Herald article, Feraday’s assertion was that “the absence of safety devices in the timers prevented their use for legitimate purposes.” [3] Mr. Berry was sentenced to eight years for arming Arab terrorists, later reduced to six. He served less than four before he was released, Tierny reports, but was left legally guilty in his broken life. [3]

Another man locked up for supplying terrorists was a businessman named Hassan Assali, originally from Libya, but British for twenty years. He was accused, again, of constructing electronic timers for the sole purpose of making bombs. Almost robotically, the Crown’s sole scientific witness – Feraday – affirmed their case: "I am unable to contemplate their use in other than terrorist bombs.” [3] On 24 May, 1985, Assali was convicted based on this scientific basis and sentenced to a middling term. His appeal against conviction was rejected in 1986, and he served nearly seven years before managing an early release in 1992. [3] [1] While free, he remained legally guilty like Berry.

Neither of these cases involved any actual bombs going off and killing anyone, but Feraday's next case would ratchet up his profile and the gravity of his magic. In 1986 came a break in the four-year-old Hyde Park bombing by unknown elements of the Irish Republican Army. The July 1982 blast of a 25lb. nail bomb during a military ceremony, along with a near-synchronous sister bombing at Regents Park, took nearly a dozen lives, wounded many, killed several horses, and damaged much property. This was indeed a shocking crime the IRA claimed credit for, but the exact perpetrators remained unidentified for years.

An arms cache found in the woods was eventually found to feature a nondescript circuit board which was - according to Feraday - similar to the one used in the bomb at Hyde Park. Thus linking the cache to the bombing, attention turned to the few readable fingerprints on the intact board. These were actually on the tape used on the board, and were matched to one Danny McNamee, an electronics engineer in Northern Ireland.

McNamee was arrested on 16 August 1986, and tried at the Old Bailey in 1987, presented as the bombing’s mastermind. Aside from the fingerprints, Tierney writes, “the Crown's key scientific witness, Allen Feraday, said the two [boards] were matched in design and "artwork" and therefore made by the same master bombmaker.” [3] It seems there was no other class of valid evidence against McNamee – he denied IRA involvement, and the IRA backed him up. [4] But the board, the tape, and the prints, made it clear who had done it, the Crown maintained.

Electronics expert Michael Scott. PhD spoke in the documentary film The Maltese Double Cross (1994). The McNamee case was Dr. Scott’s first view of Feraday’s work. Invited to observe from the gallery, he was able to see the same pattern the RARDE man had used in the first two cases:
“I watched Feraday and I gradually became aware that he was giving the evidence a certain emphasis that really wasn't justified, that technically couldn't be justified. […] Allen Feraday maintained, wrongly in my view, that the electronics was intrinsically sinister. [… and in handling the board, McNamee] had to be knowingly involved in bomb construction.” [5]
Mr. McNamee, his planned wedding obviously cancelled, was sentenced to 25 years. His appeal of conviction was denied in 1991, and an attempted escape in 1994 didn’t help his chances of being cleared or freed. [6]

So in at least three cases prior to Lockerbie, old-time explosives expert Allen Feraday had been able to convince judges, with his advanced science and royal credentials, that any scrap of that newfangled electronics could be proven to show terrorist intent. Taken as indisputable science, his voodoo informed the legal realities created in all three cases. Men who would later be found innocent were made guilty.

Top of His Game: Gibralter and Lockerbie
In his 1991 book, David Leppard glossed over all three cases above, only claiming erroneously that Feraday had “helped Scotland Yard trap the IRA gang” responsible for the Hyde park bombing, and he did it in 1982. Instead, he wrote that “Feraday first came to public notice six years later, in 1988, during the inquest in Gibralter into the deaths of three unarmed IRA terrorists gunned down by soldiers from the Special Air Services (SAS).” [2 p74] It was a controversial action the SAS explained by each of the three reaching for their pockets or purse, presumably to detonate a car bomb they feared might exist nearby. There were no detonators, no bomb, no other weapons. Just dead IRA members, murdered, some said.

Leppard explains the role of Feraday’s testimony at the inquest was “giving a scientific rationale to the controversial decision.” [2 p74] The counter-argument, accepting the apparent plans to build a car bomb,  was that the three were too far from the car in question to have triggered it, and the SAS men should have known that. But Feraday claimed from his vast knowledge of such things that the device, as Tierney puts it, “could have been triggered from anywhere in Gibraltar, or even from Spain.” [3] Dr. Michael Scott was called on in this inquest, and told the Maltese Double Cross:
"Particularly my experience in the Gibralter casse, one thing that struck me then at the time, very strongly - the British government employs hundreds of people, extraordinarily well qualified, in the areas of radio communications and electronics. Alan Feraday is not qualified, yet they use him? I mean, I have to ask the question 'why?'" [5]
Leppard notes how Prime Minister Margaret Thatcher took an interest in Feraday following this favorable inquest. “Clearly grateful for his efforts, [she] arranged that he be awarded an OBE in the 1988 New Year’s honours list.” [2 p75] Tierney reports that this was in June 1989, for “the Queen's birthday honours.” [3] OBE is not a doctorate, it’s the Order of the British Empire, an elite club based on some type of chivalry, dating from World War I. Motto: For God and the Empire. [7]

At the same end of that celebrated year, Mr. Feraday OBE found himself taking a leading role in his most historic case yet. For an article already this expansive, a detailed look at Feraday’s involvement in the Lockerbie investigation would be rather excessive. In brief however, he again showed a fascination with the electronics end of things and what could be discerned from the radio parts and other circuitry recovered. Unlike his earlier cases against Berry and Assali, the apparent blast origin of these fragments show the terrorist intent in itself – unless, as I suspect, all electronics were planted to fit a master script. Feraday had to rely on the electronics evidence signed off for by Dr Thomas Hayes who, for what it’s worth, has been known to sign off for sham science in the Maguire Seven case.

At the moment, some glimpses of the insanity of Feraday’s science can be found in these existing articles:

"Lightly explosion damaged" deals at length with an apparently irrelevant sideline of nonsense - obvious explosion damage that must be something else. But Hayes’ rambling under questioning reveals much about the nature of his collaboration with Feraday that makes it often hard to pin down just where the one scientist ends and the other begins.

Timeline: Toshiba radio identification covers Feraday's convoluted assembly of clues to what radio was used. The model settled on finally was the same as his first guess, but with a black case instead of white. It would be found to suggest Libyan authorship.

The Indian Head forensic tests were held in Maryland, spring 1989, with Tom Thurman of FBI and Harry Bell of the Scottish police. These bomb tests were carried out with five devices made by Feraday, using the radio model he had identified at the time. These helped investigators rule out a Heathrow introduction.

Feraday's forensic follies, section sixty-seven looks at the confused timeline between the pivotal Libya-catching timer fragment PT/35(b) and a piece of radio circuit board called PT/30. He didn’t mention the former until four months after its alleged discovery, and the day after looking into the latter, whose identity was already known months ago.

And when PT/35(b) finally went across the pond to controversially visit agent Thurman in the United States, it was reportedly in the possession of Alan Feraday. This is a point I havem't sorted out, but some support can be found in this post.

Feraday’s 'backseat driver' Dr. Scott, cited twice above, was talking this whole time to a documentary about the Lockerbie investigation. On this core subject, he said:
“I haven’t seen the Lockerbie evidence, so I can’t comment on that directly. The involvement of Alan Feraday – Hmmm - that worries me.” [He mentions the Gibralter case here, as cited above, ending with] “yet they use him? I mean, I have to ask the question ‘why?’”

Post Lockerbie – Work Undone
Our anti-hero continued running the forensic explosives lab at RARDE through the early 1990s, all five of the high-profile cases above safe and sound as legal reality. David Leppard tried to interview Feraday for his 1991 book, but “the Ministry of Defence press office, citing national security, declined to give the author clearance to interview him.” [2 p74-75]

In 1992 his earliest victim, John Berry, was granted an appeal of his conviction. He was a free man by then, but wanted his name back. John Tierney describes his amazing appeal, with a roster of impressive experts assembled by his legal team. These names, which appear elsewhere in connection to the Lockerbie case, were listed as:
“Major Owen Lewis (retired), who served with the Royal Signals for 22 years […] Lt Colonel John Wyatt (retired; a 23-year veteran of the Royal Engineers, involved in bomb disposal and counter terrorist operations) […] Dr. Bora." [3]
These experts ridiculed Feraday’s lone assertion that Berry’s timers could only be used for explosive mayhem. They were simply timers and could easily be used for turning on the cameras or sprinklers, or a hot water heater. The Court of Appeals quashed Mr. Berry's conviction in 1993, noting that Feraday’s evidence was both wrong and “extremely dogmatic […] uncompromising and incriminating." [3]

In 1995 RARDE was re-organized into the less regal-sounding Defence Evaluation and Research Agency (DERA), and ceased to exist. Feraday capped his decades and retired with it, but his legacy would continue unraveling for at least a decade more. In September of that same year the European Court of Human Rights found that the Gibralter incident showed excessive force by the SAS men. [8] "Excessive" suggests that court rejected the previous justification - Feraday’s claim that what the killers claimed made scientific sense.

In 1998, the United Kingdom established a Criminal Cases Review Commission (CCRC), to review possible wrongful convictions that had survived the normal single appeal. This reflected the worldwide tend towards freeing innocents, largely based on the success of new DNA tests as pursued by Project Innocence in the United States. Among those to apply for review by the CCRC was Danny McNamee. After a review of his case, they approved it for another try in the court of appeals.

He was defended at different time by both Gareth Peirce and Michael Mansfield, prominent and effective defenders of the innocent. Professor Michael Scott, among others, gave evidence for the defense. [3] The nature of the electronics intent was secondary to the fingerprints in this case, but something interesting turned up there. Someone else's prints. A report from the BBC outlined it so:
Crucially, his defence was unaware that many more prints had been discovered belonging to Desmond Ellis, a self-confessed IRA member who had been extradited to the UK from Ireland to stand trial for a series of bombings. The case against Ellis collapsed when his defence successfully argued that he had already saved six years of an eight year sentence in Ireland for explosives offences relating to the bombing equipment found in Berkshire, aided by photos which showed that the equipment was indeed the same. 
The connection with Ellis was only made when Ms Pierce, who had represented him, took on Mr McNamee's case. In a submission to the Home Office, she pointed out because there were so [few] of McNamee's prints on the equipment, there were no grounds for describing him as the "master bombmaker." [9]
How on earth did the best terrorism experts at RARDE miss the flurry of prints from Ellis in order to go after the one with only a couple? He was serving time for the same equipment McNamee was later convicted for being the mastermind behind? I'm afraid I may just be confused at this point, as that makes no sense.

At any rate, McNamee's actual release was as a guilty man, coming on 17 December 1998. This was as part of a mass release of IRA suspected prisoners, ordered following the "Good Friday agreement." [10] His appeal was quashed apparently just after this, before the month was out, and Feraday's politically useful "dogma" took another gut shot.

No surprise that the Libyan Hassan Assali also applied to the CCRC in 1998. His legal team assembled an impressive roster of experts to counter Feraday’s work yet again. [1] Tierney lists these as Major Lewis, Lt.Col. Wyatt, and "Squadron Leader Michael Hoyes (retired; a chartered engineer who spent 22 years with the RAF).” [3] Again, their opinions varied from Feraday’s stale “inability to contemplate” what was evident to most. According to the Appeal Court judgment:
"There is no doubt that an important part of the Crown's case against the appellant [Assali] depended on the evidence of Mr Feraday . . . He examined all the devices that had been recovered. His evidence supported the Crown's case with regard to the nature of those devices." [3]
But the case was deeply and obviously flawed, and this time the judge recognized it. Assali's conviction was quashed in July 2005, triggering the epic Herald article so heavily cited here. Of Allen Feraday, Assali simply says: "he's a very, very experienced evidence giver. If his evidence managed to convince a judge, he must have been bloody good." [3] Been bloody good ... past tense. After this case, the Guardian reported, "the Lord Chief Justice [Woolf] finally ruled that Feraday should not be allowed to present himself as an expert in the field of electronics." [11] He had retired from RARDE, of course, a decade before. But this decision left his expert testimony in past cases just a legal inch from becoming well-burnt toast.

The final case in our exploration, the conviction of Libyan agent al-Megrahi, has famously not been overturned. In this instance where, perhaps not coincidentally, powerful (American) interests are at stake, trial, appeal, and the CCRC-second-appeal path all failed. He was convicted in January 2001, with his single and expected appeal rebuffed in 2002. In latter 2003 he applied Scotland's separate criminal case review commission (SCCRC), and they examined the evidence of the case in great detail for nearly four years.

The complexity came from the fact that Megrahi was convicted based on many points of dubious evidence, not just the opinions of trash witness Feraday. In fact the clearest causes for dismissing the case come from the evidence of Tony Gauci, which it turns out absolutely does not implicate Megrahi as the purchaser of clothing inside the bomb case. Their full findings are still secret, but the Commission did announce in June 2007 that they had found a conservative six grounds for a possible miscarriage of justice - four concerning Tony Gauci and two secret points.

The SCCRC referred his case to the appellate courts, which Megrahi pursued fruitlessly for two years before abandoning his appeal. This unprecedented move has still not been adequately explained by anyone involved and remains another mystery of the Lockerbie case, like his contemporaneous release on apparently flawed medical advice.

We do know the cause of his innocence has attracted the support of many thousands worldwide, including some of the solicitors and experts listed above. Gareth Peirce and Michael Mansfield have both made statements about the farce of Megrahi's conviction (see the big quotes post). Major Owen Lewis has publicly criticized the timer evidence (although he did so poorly), as has Lt. Col. Wyatt (brilliantly, with his twenty bomb tests). Presuming this is the same person as "Dr. John Wyatt," his tests are covered on this blog, in one post covering the BBC Newsnight episode about them, and another on a follow up article with more details.

If the legal process had ben allowed to unfold, it seems undeniable the world’s view of Megrahi would at least be rather confused, as opposed to the certainty of his guilt still held by millions. The mainstream masses have been deeply imprinted with the fantasy image based on evidence vouched for, in part, by Allen Feraday. And as we can see, he is in fact “really, really good,” even "bloody good," at being “unable to contemplate” anything but the case the Crown wants to make. For God and the Empire, against all enemies – the Irish, the Arabs, and especially the truth.
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Sources:
[1] The Lockerbie Case: Alan Feraday and Wikipedia. http://lockerbiecase.blogspot.com/2009/06/alan-feraday-and-wikipedia.html
[2] Leppard, David.On the Trail of Terror: The Inside Story of the Lockerbie Investigation. London, Jonathan Cape . 1991. 221 pages.
[3] Tierney, Michael “So Could the Lockerbie Bomber be Freed Next?” Herald (Scotland). 26 November 2005. Awkward url
[4] Danny McNamee Wikipedia entry. http://en.wikipedia.org/wiki/Danny_McNamee
[5] The Maltese Double Cross. (1994) On-site video embed - Interview with Michael Scott, in segments starting at 59:15
[6]http://news.bbc.co.uk/2/hi/uk_news/236912.stm
[7] http://en.wikipedia.org/wiki/Order_of_the_British_Empire
[8] Mills, Heather, Colin Brown, and David McKittrick. "Tory anger as European Court condemns Gibraltar killings" The Independent. 28 September 1995. http://www.independent.co.uk/news/tory-anger-as-european-court-condemns-gibraltar-killings-1603179.html
[9] http://www.bbc.co.uk/politics97/news/07/0703/mcnamee.shtml
[10] http://news.bbc.co.uk/2/hi/uk_news/236912.stm
[11] http://www.guardian.co.uk/uk/2007/jun/17/politics.lockerbie1

On Planted Evidence

14 September 2010

The possibility of planted physical evidence is a divisive issue among Lockerbie researchers, and one the Lockerbie Divide so far has had no problem promoting. That might be a problem, but it's natural when the blog's voice is almost exclusively my own. Physically inserted clues to implicate Libya suggests active investigative malfeasance many would rather not consider. A sort of mix-up is acceptable to some,  spurred by denying the best clues but needing to nab somebody. A few coincidences that suggested Libya that took on a life of their own, or some witnesses leaned on, seem plausible.

But in at least a few cases, planting is a more rational explanation than the official one. Consider PK/689, the nearly-intact cover of the bomb-radio's paper manual, made "a bit tatty around the edges" by the Semtex blast just a few inches away, and torn to shreds by forensic tests. Still says almost completely "Toshiba stereo radio/cassette recorder, RT-SF16 BomBeat SF16," a model that could be traced primarily to Libya. Consider also the problems with PT/30 and AG/145, 4-6 mm fragments from the Toshiba radio's main circuit board. Which side, if any, of the board experienced even the slightest explosive blast? The wrong side on PT/30 and neither on AG/145. Both of these show a high convenience-to-plausbility ratio, the key measure of how likely something is to be a work of fiction rather than physics.

And then the pivotal timer fragment PT/35(b), four times the size of the radio board bits listed above. Nearly one cm square, it was from the most identifiable corner of a super-traceable timer made by Swiss swindlers Mebo, and traceable to Libya of course. A Libyan timer set to blow up over land and leave such a lucky fragment is stupid for a Libyan terror plot, excellent if short on subtlety for a frame-up. Papers altered, exam log clearly backdated, no explosive residue testing, bizarre timeline unless it appeared four months later than recorded.

The issue came to the forefront most recently about a week ago when more details were revealed about the tests of Dr. John Wyatt. Professor Robert Black was so kind as to re-type much of a print-only version of an article about the tests and their suggestion that the pivotal timer fragment  was planted. The findings are to be part of Megrahi's upcoming book, and I think they solidly indicate a frame-up of Libya. The new article adds some technical detail to what he told the BBC for a January broadcast.

What's new, briefly, is that the 10mm square PT/35(b) is hundreds of times larger than it should be by his tests. Only at about 150 grams of Semtex-H was he able to recognize circuit board fragments - under a microscope but not with the naked eye. This is less than half the alleged explosive force used on Flight 103 (350-450 grams or as high as 680 by the Indian Head tests, or higher yet minus the small radio presumptions there that topped the testing off at 680, as all a RT-SF16 could hold). At any of these levels of force, nothing remotely like the radio fragments, timer fragment, or manual would survive. It's doubtful so much would survive of the Maltese clothes or perhaps the suitcase itself, as what we were presented with. In short, this body of findings suggests a lot of planting.

Again as before, this 150 gram threshold of plausibility is anecdotal, based on Dr. Wyatt's own characterizations. No detailed report has been released.  We still don't know how he came to do these tests or why - although it was apparently 2008 or earlier, and most likely at the Megrahi team's request,for the second appeal that was never heard.

The story also featured an interview with Lockerbie trial "architect" Robert Black who expressed disinterest in commenting on or promoting this development:
Last night, Robert Black, Professor Emeritus of Scots Law at Edinburgh University ... said: "I have decided to stop commenting on new evidence because, interesting as it may be, it takes the eye off what really matters, namely, that he should never have been convicted in the first place on the flimsy evidence before the court."
There are good reasons to gloss over this evidence. Even if what Wyatt says is totally true, it's something most people can't accept, and so a distraction from whatever more digestible points showing the verdict unreasonable. No need to start off telling novices the science was dishonest too - at least not until they're ready. That's ideally well after the notion of his innocence has been broached and all but proven by a careful look at the facts over the myths. Dissolve the Malta link, explain the alternative actors who make more sense, and cover the testimony of Giaka and Gauci, under the DoJ's money for misinformation program. Any closer look at the securing of the G-guys' testimonies suggests willful intent and frame-up, and from there, some convenient circuit board doesn't seem so outlandish.

But sometimes people will counter, whether they've been mentally prepared or not, "well, there was forensic evidence implicatiing Libya..." At that point, their belief in the science they've heard is the distraction from coming around to the bigger picture. Those of us who seek to reach the fuller truth, or want an answer to that science, will have to consider whether or not this Libyan-linked timer really was involved and left such a huge and recognizable fragment. And at that point there are Dr.Wyatt's tests, complete with the uncertainties noted above. And there is common sense, which suggest about what the tests are said to show - if the plane was ripped open, the radio would be vapor and dust. The things we were shown came from somewhere else.

Commentator "Pete" put it well in the comments section beneath Black's post.
Re that 'bloody timer fragment':
Certainly it would be easier to persuade those with the power to launch a new inquiry if we don't stress the implication that it might expose malfeasance on the part of our agencies and those of our allies.
However... firstly, it could be argued that the BTF was ultimately responsible for Megrahi's conviction. The implication of the Opinion of the Court is that the judges took the BTF to be absolutely conclusive proof of the Libyan origin of the bomb. Forensic evidence is scientific and as such outweighs all else (cf. the conviction of Barry George.) It was Libya what done it; Megrahi is Libyan; therefore Megrahi done it. Hence the perverse interpretation of all the other evidence. Science has spoken.
Secondly, while the BTF remains unchallenged, any exoneration of Megrahi is likely to be painted by Marquise, Duggan et al as 'technicalities'.
Thirdly, isn't it likely that if the investigation is ever reopened, even with Megrahi out of the frame,
McKnacker will restrict the scope to Libya unless there is some reason to doubt the clear implication of the BTF?
Damned if that's not a clear-eyed view. Science has spoken, and judges seem unwilling to question it. But what it said doesn't make sense. We can call science out when it lies, and we should. A fully documented, transparent, non-Libyan-sponsored study would be ideal now to compare with what Wyatt says he's got. Science can, if it hasn't already, allow us to see which is correct here: common sense, or those who accept miracle after miracle as their natural right in chasing Libya.

Further thoughts in comments section.