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*************** -COMM. JOURNRL- ******************* DATE MQY-25-1999 ***** TIME 11:27 *** P.01 

MODE = MEMORY TRRNSMISSION STRRT=MRY-25 11:09 END=MRY-25 11:27 

FILE NO.= 051 

STN NO. CON QBBR NO. STQTION NQME/TEL.NO. PRGES DURQTION 

0 01 OK a 93014153431 069/069 00: 17' 25" 

-DEPT OF JUSTICE -

.................................... -CRM DIU TUCS - *a*** - 202 514 8714- a******** 

UNITED STATES DISTRICT COURT
 POR 2% DISTRICT OF COLWIA 

. # 

UNITED STATES OF AKERICA 

ABDEL BASSET ALI AL-mGWI 1. 

AIKIA MCIELBASET ALI HOHMEDf 

A/K/A ABDELWET &I WOHKED 

AL KEGTCAHI, 

AIKIA"HR. BASETI * 

A/K/A AHFED KHirlrcIFA ABDUSAHA1); 

, W N KKALIFA FHIKAH, 

A/R/A AL AXIN KHALIFA 

....-FH'IMA/X/A "rn. &IN" 

r Criminal Ho- 91- 5645 -

t 

r8 Grand Jury Original 

Violations: 28 U.5.C. SS 371, 

32, 34, 844(i), 2331f snd 2 

'(Conspiracy to Mstroy a 

Civil Aircraft of the United 

States, to Destroy a Vehicle 

Used in Foreign Commerce by

Means of an Explosive, to Xi11 

Nationals of the United States 

Destroying a Civil Aircraft;

Dos_tmyg_a Vehicle used in 

Foreign Commerce by lleana ~f 

an Explosive; Killing . Nationals of the United 

States; Aiding and Abetting) 

INDICTMENT 

The Grand Jury .charges that: . . 

corn ' oae
UNITED STATES DISTRICT COURT 


FOR THE DISTRICT OF COLUMBIA 


Holding a Criminal Term 


I 

UNITED STATES OF AMERICA 	 : Criminal No. 

v. 	 : Grand Jury Original 

: 

ABDEL BASSET ALI AL-MEGRAHI, :Violations: 18 U.S.C. SS 371, 

A/K/A ABDELBASET ALI MOHMED, : 32, 34, 844(i), 2331, and 2 

A/K/A ABDELBASET ALI MOHMED : (Conspiracy to Destroy a 

AL MEGRAHI, : Civil Aircraft of the United 

A/K/A "IW.BASET," : States, to Destroy a Vehicle 

A/K/A AHMED KHALIFA ABDUSAMAD; : Used in Foreign Commerce by 

:Means of an Explosive, to Kill 

LAMEN KHALIFA FHIMAH, :Nationals of the United States 

A/K/A AL AMIN KHALIFA : Destroying a Civil Aircraft; 

FHIMAH, : Destroying a Vehicle Used in 

A/K/A "MR. WIN" : Foreign Commerce by Means of -	 : an Explosive; Killing 

: Nationals of the United 

: States; Aiding and Abetting) 

INDICTMENT 


The Grand Jury charges that: 


COUNT ONE 


INTRODUCTION 


At all times material to this Indictment, except as otherwise 


indicated: 
 . . 

1 X h e Socialist People's ~ibyan Arab Jamahirya (hereinafter 


referred to as "Libya") was a nation 'located on the Mediterranean 
 . . 

coast of North Africa. 


2. The Jamahirya Security Organization (hereinafter referred 

to as 'JSO") was the Libyan intelligence service through which 

Libya conducted acts of terrorism against other nations and 

I 

repressed the activities of Libyan dissidents abroad. 

I 

I 3 - The JSO was divided into various administrations and -

I sections, including the Technical ~dministration. 

I 

4. The Technical Administration's responsibilities included 

I assisting other administrations within the JSO in developing 

technical equipment and to provide technical support to JSO 

operations in Libya and abroad. 

5. In 1984-85, Said ashi id Kisha (hereinafter referred to 

I Said Rashid) was the Assistant Manager of the Technical 

~ Administration of the JSO, and in 1985 requested Edwin Bollier of 

- the Swiss firm of Meister et Bollier to develop timers for the -

Libyans. % 

6. From 1985, to on or about January 1, 1987, Said Rashid was 

the Director of the Operations Administration of the JSO. 

7. The Operations Administration of the ,?SO was further 

divided into various sections including the Airline Security 

Section. 

8. The Airline Security Section of the JSO was responsible 

for the following functions: 

a. providing physical security for Libyan Arab Airlines 

domestic and international flights; and 

b. overseeing the covert placement and intelligence 

operations of JSO officers as employees of Libyan Arab Airlines in 

various countries, including the Republic of Malta. 
3 


9. During the period while Said Rashid was the Director of 


the Operations ~dministration, ABDEL BASSET ALI AL-MEGRAHI was the 


Chief 'of the Airline Security Section. 


10. Izzel Din A1 Hinshiri . (hereinafter referred to as 

Hinshiri) at various times material to this Indictment held the 

following positions: Libyan Minister of Transportation, Minister 

of Justice, Secretary General to the Peoples committee for Justice 

in Libya, Director, and Assistant to the Director, of the Central 

Security Administration of the JSO. 

11. At various times material to this Indictment, beginning 


in 1985 and continuing into 1986, Hinshiri received, and caused to 


-	 be received on behalf of the JSO, 20 prototype digital electric 

timers, Model MST-13, capable of initiating an explosive device, 

which had been manufactured by the Swiss firm of Meister et 

Bollier. 

12. Meister et Bollier, Ltd., Telecommunications, a/k/a MEBO 


AG, was a company located in Zurich, Switzerland, which maintained 


a close business relationship with elements of the Libyan military 


and JSO as a manufacturer and supplier of technical equipment. 


13. ABH was a Libyan front company which sublet office space 


in Zurich, Switzerland, from Meister ,et Bollier. 
 -. -

14. Badri Hasan was a citizen of Libya, who was associated 

along with ABDEL BASSET in the activities of ABH in Zurich, 

Switzerland. 

15. At various tiines material in 1988, the Libyan JSO issued 


Semtex explosives containing the substances RDX and PETN, electric 

blasting caps or detonators , and ~&-13 digital electric timers 

capable of initiating an explosion at a predetermined future time, 

to JSO operatives who engaged in covert terrorist operations 

outside of Libya, including in the Republic of Senegal. 

16. Libyan Arab Airlines was the national airline of Libya 


and was utili'zed by the JSO to facilitate its acts of terrorism and 


repression. 


17. Air Malta, the national airline of the Republic of Malta, 


was the handling agent for Libyan Arab Airlines flights to and from 


Luqa Airport, Malta, and as such utilized Air Malta luggage tags 


on luggage destined for Libyan Arab Airline flights. 


18. Air Malta employees boarding passengers and luggage for 


Libyan Arab Airline flights were assisted by a representative of 


Libyan Arab Airlines. 


19. The Defendant LAMEN KHALIFA FHIKAH, A/K/A AL AMIN KHALIFA 

FHIMAH, A/K/A "MR. LAMIN" (hereinafter referred to as "LAMEN 

FHIMAH"), was a citizen of Libya, and was utilized by the JSO 'in 

various cover positions, including at various times as the' Station 

Manager and representative for Libyan Arab Airlines at Luqa 

Airport, Malta. 

20. The Defendant LAMEN FHIMAH had access to Air Malta 

______ _ -

luggage tags and the Air Malta facilities used to board passengers 

and baggage for LAA flights from Luqa Airport, Malta. 

21. The Defendant ABDEL BASSET ALI AL-MEGRAHI, A/K/A 


A/K/A "MR. BASET," A/K/A AHMED KHALIFA ABDUSAMAD (hereinafter 

referred to as "ABDEL BASSETn), was a citizen of Libya and was 

utilized by the JSO in various positions including as the Chief of 

the Airline Security Section, Operations Division, and as such was 

familiar with international airline security procedures. 

22. On December 21, 1988, between 0850 and 0950 hours, 

I 

I 

(CET), Libyan Arab Airlines Flight LN 147 to Tripoli, Libya, on 

which the Defendant ABDEL BASSET was traveling, was boarding at 

I 

I 

Luqa Airport, Malta, while Air Malta Flight KM-180 to Frankfurt, 

Germany, was also open for check-in between 0815 and 0915 hours, 

CET. 

23. On December 21, 1988, Air.Malta Flight KM-180 from Luqa 

- .Airport, Malta, arrived at approximately 1250 hours, Central Europe 

Time (CET), at Frankfurt Airport, Germany. 

24. On December 21, 1988, at approximately 1600 hours, CET, 

Pan Am Flight 103A, with connecting service to London's Heathrow 

Airport and Pan Am Flight 103, departed Frankfurt, with an item of 

Luggage that had been transferred from Air Malta Flight KM-180. 

25. On December 21,' 1988, between approximately 1740 hours' 

and 1807 hours, GMT, luggage from Pan Am Flight 103A arriving from 

Frankfurt, Germany, was loaded onto Pan Am Flight 103 (United 

-.-

States aircraft number N739PA) at London's Heathrow Airport. .-- -.- -

26. Pan American World Airways was an airline owned by a -- 

corporation created under the laws of a State of the United States 

and registered under Chapter 20, Title 49 of the United States - Code, which airline flew its aircraft in commerce between the 

United States and other .countries; and operated aircraft leased 
6 

from and owned by a corporation created under the laws of the State 

i of New York. -

27. Pan American World Airways aircraft bearing number N339PA 

was a civil aircraft of the United States registered with the 

Federal Aviation Administration as required by Title 49 U.S.C. . 

App., Section 1401, and operating within the special aircraft 

jurisdiction of the United States as defined by Title 49 U.S.C. 

App-,Sec. 1301 (38). 

28. On December 21, 1988, Pan American World Airways 

Flight 103 was operating in foreign air commerce between London's 

Heathrow Airport in the United Kingdom, and John F. Kennedy Airport. 

--. in the United States of America. 

29. On December 21, 1988, Pan American World Airways 

Flight 103 carried two hundred fifty-nine . people '(two hundred 

forty-three passengers and sixteen crew members) who were citizens 

of the following countries: United States of America, United 

Kingdom of Great Britain and Northern Ireland, Switzerland, France, . 

Canada, Israel, Argentina, Sweden, Ireland, Italy, Hungary, 

South Africa, Germany, Spain, Jamaica, Philippines, India, Belgium, 

Trinidad, Japan and Bolivia. 

30. On December 21, 1988, at approximately -- 7:03 p.m., GMT, -- .- ---

Pan American World Airways Flight 103 broke apart in Scottish 

airspace at an altitude of 31,000 feet as the result of the 

dgtonation of an explosive device in its forward cargo hold; 

31. As the result of the explosion, Pan American World 

Airways Flight 103 was destroyed and fell to earth, killing all two 
7 


hundred fifty-nine passengers and crew, as well as eleven residents 

of the Scottish town of Lockerbie. 

THE CONSPIRACY 

32. From on or about the summer of 1985 to and including the 

date of the return of this Indictment, within the nations of Libya, 

Switzerland, Malta, Germany, the United Kingdom and elsewhere 

outside- the United States of America, the Defendants ABDEL BASSET, 

and LAMEN FHIMAH, together with others unknown to the Grand Jury, 

did unlawfully, willfully and knowingly, conspire, combine and 

agree together and with others to commit terrorist acts against the 

United States of America and its citizens. 

33. It was a part of the conspiracy 'that the Defendants and 

co-conspirators would and did place and cause to be placed a 

destructive device and substance in and upon Pan American World 

Airyays Flight 103, an aircraft within the special aircraft 

jurisdiction of the United States and a civil aircraft used, 

operated, and employed in overseas and foreign air commerce; in 

violation of Title 18, United States Code, Sections 32(a)(.2) and 

34. It was a further part of the conspiracy that the 

. . 

by means of an explosive device, Pan American World Airways 

Flight 103, an aircraft in the special aircraft jurisdiction of the 

Ur?ited States and a cLvil aircraft used, operated, and employed in 

overseas and fore'ign air commerce; in violation of Title 18, United 

States Code, Section 32(a)(l) and 2. 
8 


35. It was a further part of the conspiracy that the 


Defendants and co-conspirators would and did damage and destroy by 


means of an explosive device Pan American World Airways Flight 103, 


a vehicle used in foreign commerce and in an activity affecting 


foreign commerce; in violation of Title 18, United States Code, 


Section 844(i) and 2. 


36. It was a further part of the conspiracy that the 


Defendants and co-conspirators would and did kill nationals of the 


United-States while such nationals were outside the United States, 


the killings being murder as defined by Section llll(a) of 
 . . 

Title 18, United States Code; in violation of Title 18, United 


States Code, Sections 2331(a) and 2. 


37. It was further a part of the conspi.racy that the 


Defendants and co-conspirators would and did conceal the 


involvement of the Libyan JSO in terrorist acts against the United 

States and its c.itizens. 


THE MANNER AND MEANS USED BY THE CONSPIRATORS 


TO FURTHER THE OBJECTS OF THE CONSPIRACY 


38. Among the means used by the Defendants and co-


conspirators .to further the objects of the conspiracy were the 


following: 


a. The Defendants and co-conspirators, as officers and 


operatives of the JSO, utilized the resources and faci1itie.s of the 


nation of Libya, including the JSO, to carry out their scheme to 
 . . 

destroy an American aircraft by means of an explosive device and 


to kill passengers on board the aircraft. 

- -- --- - - - 

I 

9 


b. The Defendants and co-conspirators constructed and 


caused to be constructed an improvised explosive device consisting 
 -

of plastic explosives containing the substances RDX and PETN, and 

an ST-13 prototype digital electronic timer, capable of initiating 

an explosion at a predetermined future , time, which had been 

manufactured for and'delivered to the Libyan JSO by the Swiss firm 

of Meister et Bollier during the period of 1985 to 1986 at the 

request of Said Rashid and Hinshiri. 

c. . The Defendants and co-conspirators' caused the 

improvised explosive device to be concealed inside a portable radio 

cassette player. 

-.= 	 d. The Defendants and co-conspirators caused the radio 

cassette player to be placed inside a brown colored Samsonite . 

Silhouette 4000 range suitcase. 

e. The Defendants and co-conspirators caused that 


suitcase to be packed with clothing, purchased in Malta, to provide 


the appearance of a normal travel bag. 


f. The Defendants and co-conspirators caused the 


suitcase, with the armed device concealed within it, to be placed 


in the stream of international airline passenger luggage at Luqa 


Airport in the Republic of Malta. 


g. The Defendants and co-conspirators utilized various 


false identities to enter Malta and other nations within which the 


conspiracy was carried out. 
 0- . 

h. The Defendants and co-conspirators utilized their 


knowledge and access gained as a result of .their employment with 

Libyan Arab Airlines to circumvent and evade Maltese customs and 


airline security at Luqa Airport and elsewhere; and improperly -

obtained and utilized the Air Malta baggage tags to cause the 


interline transfer of the suitcase, containing the explosive 


device, to other aircraft. 


i. The Defendants and co-conspirators caused the 

suitcase containing the explosive device to be placed into the 

baggage compartment of Air Malta Flight KM-180 at Luqa Airport, 

Malta; caused the same suitcase to be transferred from Air Malta 

Flight XM-180 to Pan American World Airways Flight 103A in 

Frankfurt, Germany; caused the same suitcase to be further 

-

-. transferred to Pan American World Airways Flight 103 at Heathrow 

Airport, London, United Kingdom; caused the detonation of the 

explosive device during Pan American World Airways Flight 103's 

journey to the United States; and . caused the destruction of Pan 

American World Airways Flight 103 and the death of two hundred 

seventy persons in the aircraft and on the ground. 

OVERT ACTS 


39. In order to further the conspiracy and to achieve its 

objectives, the following overt acts, among others, were committed 

l'nnLi-byarSwf t zer-1-annd7-MaXt-a;-Grme any;-€hT7lKi-€e3--KXngdorn, andelsewhere: 

a. In or about the summer of 1988, LAMEN FHIMAH stored 

a -quantity of plastic explosive in his office at the Libyan Arab 

Airlines Station, Luqa Airport, Malta. 

b. In or about the fall of 1988, ABDEL BASSET flew from 

11 


Tripoli, Libya, to Luqa Airport, Malta, on Libyan Arab Airlines. 


c. On or about December 7, 1988, ABDEL BASSET traveled -

from Libya to Malta. 

d. On or about December 7, 1988, ABDEL BASSET registered 


at the Holiday Inn, Sliema, Malta, using the name "ABDEL BASET A. 


MOHMED," a "FLIGHT DISPACHERw (sic) for Libyan Arab Airlines. 


e. On or about December 7, 1988, in Sliema, Malta, ABDEL 

BASSET purchased items of clothing from Mary's House, a retail 

store located approximately 300 yards from the hotel in which 'ABDEL 

BASSET was staying. 

f. On or about December 9, 1988, ABDEL BASSET traveled 


from Malta to Zurich,. Switzerland. 


g. On or about December 15, 1988, LAMEN FHIMAH made the 

following entries in his diary: "Abdel Basset is coming from Zurich 

with Salvu..." and "take taqqs [sic] - from Air Malta." 

h. On or about December 15, 1988, LAMEN FHIMAH made an 


additional entry in the "Notesw section of his diary: "bring the 


tags from the Airport (ABDEL BASSET-ABDUL SALAM)." 


i. On or about December 15, 1988, LAKEN FHIMAH made an 

additional entry in his diary by writing the letters "OK" adjacent 

to the notation: "ABDEL BASSET is 

. 

coming from Zurich with Salvu... -

take taqqs [sic] - from Air Malta." 


j. On or about December 17, 1988, ABDEL BASSET traveled 

fr~m Zurich., Switzerland, to Luqa Airport, Malta, and then on to 

Tripoli, Libya. 

k. On or about '~ecember 18, 1988, LAMEN FHIMAH traveled 
12 


from Malta to Libya for a meeting with ABDEL BASSET. 


1. On or about December 20, 1988, ABDEL BASSET traveled 


from Libya to Luqa Airport, Malta, utilizing the false identity of 


"AHMED KHALIFA ABDUSAMAD , !' 

m. On or about December 20, 1988, LAMEN FHIMAH traveled 

from Tripoli, Libya, to Luqa Airport, Malta, on the same flight as 

ABDEL BASSET. 

n. On or about December 20, 1988, the Defendants and co- 


conspirators brought a large, brown hardsided Samsonite suitcase 


into Malta. 


o. On or about December 20, 1988, ABDEL BASSET had a 

-

-+ meeting with LAMEN FHIMAH in Malta. 

P - On or about December 20, 1988, ABDEL BASSET 

registered at the Holiday Inn, Sliema, Malta, under the false name 


"AHMED KHALIFA ABDUSAMAD." 


q. On December 21, 1988, at approximately 7:11 a.m., 


CET, ABDEL BASSET placed a telephone call to LAMEN FHIMAH from the 


Holiday Inn, Sliema, Malta. 


r. On December 21, 1988, ABDEL BASSET, traveling under 

an assumed name, departed Luqa Airport, Malta, on LAA Flight LN 147 

s. On December 21, 1988, between 0815 and 0915' hours, 


CET, the Defendants and co-conspirators unknown to the Grand Jury, 


caused a brown, hard-sided Samsonite suitcase containing an 


explosive device incorporating an MST-13 timer, previously 


manufactured for the JSO, to be introduced as part of the interline 

I baggage in Air Malta Flight KM-180 to Frankfurt, Germany. I 

t. On December 21, 1988, the Defendants and coconspirators unknown to the Grand Jury, destroyed aircraft N739PA 

as charged in Count Three of this Indictment, the allegations of I 

which are hereby re-alleged and incorporated by reference. 

u. On December 21, 1988, the Defendants and coconspirators unknown to the Grand Jury, by means of fire and 

explosives destroyed aircraft N739PA, and as a direct result 

there0.f caused the death of two hundred seventy persons as set 

forth in Counts Two and Three, the allegations of which are hereby 

re-alleged and incorporated by reference. 

-

- v. On December 21, 1988, the Defendants and coconspirators unknown to the Grand Jury, by means..of fire and 

explosives destroyed aircraft N739PA, and as a direct result 

thereof, did murder one hundred eighty-nine nationals of the United 

States, as set forth in Counts Five through One Hundred NinetyThree, the allegations of which are hereby re-alleged and 

incorporated by reference. 

(Violation of Title 18, United States Code, Section 371) 

COUNT TWO 

-- --- lL -The-Grand.Aur_y_herebyre-a lleges--and-incor-porates-byreference paragraphs One 'through Thirty-one of Count One of this 

Indictment. 

; 2. On or about December 21,. 1988, at Heathrow Airport, 

London, United Kingdom, and elsewhere, the Defendants ABDEL BASSET 

and W N FHIMAH, together with others unknown to the Grand Jury, 
I 

14 


willfully and unlawfully caused to'be placed a destructive device 


and substance in and upon aircraft number N739PA, a civil aircraft 


, 	 of the United States used, operated, and employed in overseas and 

foreign air commerce by Pan American World Airways as Pan Am 


~ Flight 103, en route to the United States from Heathrow Airport, 


London, United Kingdom, resulting in the deaths of: 


Victim Citizenship 


John Michael Gerard Ahern USA 


Sarah Margaret Aicher 	 USA 


John David Akerstrom 	 USA 


Ronald Ely Alexander 	 Swiss 


Thomas Joseph Ammerman 	 USA 


Martin Lewis Apfelbaum 	 USA 


Rachel Marie Asrelsky 	 USA 


Judith Ellen Atkinson 	 USA 
 ..-	 William Garretson Atkinson I11 USA 

Elizabeth Nichole Avoyne French 

Jerry Don Avritt USA 

Clare Louis Bacciochi British 

Harry Michael Bainbridge USA 

Stuart Murray Barclay Canadian 

Jean Mary Bell British 

Julian MacBain Benello USA 

Lawrence Ray Bennett USA 

Philip Vernon Bergstrom USA 

Alistair David Berkley USA 

Michael Stuart Bernstein USA 

Steven Russell Berrell USA 

Noelle Lydie Berti-Campbell USA 

Surinder Mohan Bhatia USA 

Kenneth John Bissett .USA 

Stephen John Boland USA 

Paula Marie Bouckley USA 

Glenn John Bouckley British 

Nicole Elise Boulanqer ____-USA 

Francis Boyer French 

Nicholas Bright USA 

Daniel Solomon Browner (Beer) Israel 

Colleen Renee Brunner USA 

Timothy Guy Burman British 

: Michael Warren Buser USA 

Warren Max Buser USA 

Steven Lee Butler USA 

William Martin Cadman USA 

Hernan Luis Caffarone Argentinian 
Fabiana Caffarone 


Valerie Canady 


Gregory Joseph Capasso 


Timothy Michael Cardwell 


Bernt Wilmar Carlsson 


Richard Anthony Cawley 


Frank Ciulla 


Theodora Eugenia Cohen 


Jason Michael Coker 


Eric Michael Coker 


Gary Leonard Colasanti 


Thomas Concannon 


Bridget Concannon 


Sean Concannon 


Tracy Jane Corner 


Scott Marsh Cory 


Willis Larry Coursey 


Patricia Mary Coyle 


John Binning Cummock 


Joseph Patrick Curry 


William Alan Daniels 


Gretchen Joyce Dater 


Shannon Davis 


Gabriele' Della-Ripa 


Joyce Christine Dimauro 


Gianfranca Dinardo 


Peter Thomas Stanley Dix 


Om Dikshit 


Shanti Dixit 


David Scott Dornstein 


Michael Joseph Doyle 


Edgar Howard Eggleston 111 


Siv Ulla Engstrorn 


Turhan Ergin 


Charles Thomas Fisher IV 


Thomas Brown Flannigan 


Kathleen Mary Flannigan 


.Joanne Flannigan 


Clayton Lee Flick 


John Patrick Flynn 


Arthur Jay Fondiler 


Rober.tAerard-F_~~tun .---~ Stacie Denise Franklin 


Paul Matthew Stephen Freeman 


Diane Ann Boatman-Fuller 


James Ralph Fuller 


Ibolya Robertne Gabor 


Amy Beth Gallagher 


Argentinian 


USA 


USA 


USA 


Swedish 


USA 


USA 


USA 


USA 


USA 


USA 


Irish 


Irish 


British 


British 


USA 


USA 


USA 


USA 


USA 


USA 


USA 


USA 


Italian 


USA 


Italian 


Irish 


Indian 


USA 


USA 


USA 


USA 


Swedish 


USA 


USA 


British 


British 


British 


British 


USA 


USA 


-USAF 

USA 


Canadian 


USA 


USA 


Hungarian 


USA 


Matthew Kevin Gannon USA 


Kenneth Raymond Garczynski USA 


Paul Isaac Garrett USA 


Kenneth James Gibson USA 

-- 

William David Giebler 

Olive Leonora Gordon 

Linda Susan Gordon-Gorgacz 

Anne Madelene Gorgacz 

Loretta Anne Gorgacz 

David Jay Gould 

Andre Nikolai Guevorgian 

Nicola Jane Hall 

Lorraine Frances Halsch 

Lynne Carol Hartunian 

Anthony Lacey Hawkins 

Maurice Peter Henry 

Dora.Henrietta Henry 

Pamela Elaine Herbert 

Rodney Peter Hilbert 

Alfred Hill 

Katherine Augusta Hollister 

Josephine Lisa Hudson 

Sophie Ailette Miriam Hudson 

Melina Kristina Hudson 

Karen Lee Hunt 

Roger Elwood Hurst 

Elizabeth Sophie Ivell 

Khaled. Nazir Jaaf ar 

Robert Van Houten Jeck 

Rachel Mary Elizabeth Jeffreys 

Paul Avron Jeffreys 

Kathleen Mary Jermyn 

Beth Ann Johnson 

Mary- Lincoln Johnson 

Timothy Baron Johnson 

Christopher Andrew Jones 

Julianne Frances Kelly 

Jay Joseph Kingham 

Patricia Ann Klein 

Gregory Kosmowski 

Elke Etha Kuhne 

Minas Christopher Kulukundis 

Mary Lancaster 

Ronald Albert Lariviere 

Maria Nieves Larracoechea 

Ro&fi3i.l_tan-Le-ckbur-g-


William Chase Leyrer 


Wendy Anne Lincoln 


Alexander Lowenstein 


Lloyd David Ludlow 


Maria Theresia Lurbke 


: William Edward Mack 

Douglas Eugene Malicote 

Wendy Gay Malicote 

Elizabeth Lillian Marek 

Louis Anthony Marengo 

USA 


British 


USA 


USA 


USA 


USA 


USA 


South A£rican 


USA 


USA 


British 


British 


British 


USA 


USA 


German 


USA 


British 


French 


USA 


USA 


USA 


British 


USA 


USA 


British 


British 


USA 


USA 


USA 


USA 


USA 


USA 


USA 


USA 


USA 


German 


British 


British 


USA 


Spanish 


-USA -

USA 

USA 

USA 

USA 

German 

USA 

USA 

USA 

USA 

USA 
Noel George Martin 


Diane Marie Maslowski 


William John McAllister 


Lilibeth Tobila MacAlolooy 


Daniel Emmet McCarthy 


Robert Eugene McCollum 


Charles Dennis McKee 


Bernard Joseph McLaughlin 


James Bruce MacQuarrie 


Jane Susan Melber 


John Merrill 


Suzanne Marie Miazga 


Joseph Kenneth Miller 


Jewel Courtney Mitchell 


Richard Paul Monetti 


Jane Ann Morgan 


Eva Ingeborg Morson 


Helga Rachael Mosey 


John Mulroy 


Sean Kevin Mulroy 


Ingrid Elisabeth Mulroy 


Mary Geraldine Murphy 


Jean Aitken Murray 


Karen Elizabeth Noonan 


Daniel Emmett O'Connor 


Mary Denice O'Neill 


Anne Lindsey Otenasek 


Bryony Elise Owen 


Gwyneth Yvonne Margaret Owen 


Robert Plack Owens 


Martha Owens 


Sarah Rebecca Owens 


Laura Abigail Owens 


Robert Italo Pagnucco 


Christos Michael Papadopoulos 


Peter Raymond Peirce 


Michael Cosimo Pescatore 


Sarah Susannah Buchanan Philipps 


Frederick Sandford Phillips 


James Andrew Campbell Pitt 


David Platt 


----WaUer_Leona~.d-Eo r-ta 

Pamela Lynn Posen 


William Pugh 


Crisostomo Estrella Quiguyan 


Rajesh Tarsis Priskel Ramses 


-	 Suruchi Rattan 


Anmol Rattan 


Garima Rattan 


Anita Lynn Reeves 


Mark Alan Rein 


Jocelyn Reina 


Jamaican 


USA 

British 


USA 


USA 


USA 


USA 


USA 


USA 


USA 


British 


USA 


USA 


USA 


USA 


USA 


USA 


British 


USA 


USA 


Swedish 


British 


British 


USA 


USA 


USA 


USA 


British 


British 


USA 


USA 


USA 


USA 


USA 


.USA 


USA 


USA 


USA 


USA 


USA 


USA 


------USA--- ---

USA 


USA 


Filipino 


Indian 


USA 


USA 


USA 


USA 


USA 


USA 

Diane Marie Rencevicz 

Louise Ann Rogers 

Janos Gabor Roller 

Edina Roller 

Zsuzsanna Roller -

Hanne Maria Root 

Saul Mark Rosen 

Andrea Victoria Rosenthal 

Daniel Peter Rosenthal 

Myra Josephine Royal 

Arnaud David Rubin 

Elyse Jeanne Saraceni 

Teresa Elizabeth Jane Saunders 

Scott Christopher Saunders. 

Johannes Otto Schaeuble 

Robert Thomas Schlageter 

Thomas Britton Schultz 

Sally Elizabeth Scott 

Amy Elizabeth Shapiro 

Mridula Shastri 

Joan Sheanshang 

Irving Stanley Sigal 

Martin Bernard Carruthers Simpson 

Ir ja Syhnove Skabo 

Mary Edna Smith 

-.CynthiaJoan Smith 


James Alvin Smith 


Ingrid Anita Smith 


Lynsey Anne Somerville 


Rosaleen Leiter Some,rville 


Paul Somerville 


John Somerville 


John Charles Stevenson 


Geraldine Anne Stevenson 


Hannah Louise Stevenson 


Rachel Stevenson 


Charlotte Ann Stinnett 


Stacey Leanne Stinnett 


Michael Gary Stinnett 


James Ralph Stow 


Elia G, Stratis 


Anthony Selwyn Swan 


USA 

USA 

Hungarian 


Hungarian 


Hungarian 


Canadian 


USA 


USA 


USA 


USA 


Belgian 


USA 


British 


USA 


German 


USA 


USA 


British 


USA 


Indian 


USA 


USA 


USA 


USA 


USA 


USA 


USA 


British 


British 


British 


British 


British' 


British 


British 


British 


British 


USA 


USA 


USA 


USA 


USA 


Trinidadian 


F1 or a M-acDanalddM_aarg-axXeLSwir.~ . . Jr1b.s.h-.------


Marc Alex Tager 


Hidekazu Tanaka 


Andrew Alexander Teran 


Jonathan Ryan Thomas 


-	 Lawanda Thomas 

-	 Arva Anthony Thomas 

Mark Lawrence Tobin 

David William Trimmer-Smith 

Alexia Kathryn T5:airi.s 

British 


Japanese 


Bolivian 


USA 


USA 


USA 


USA 


USA 


USA 

-- - 

Barry Joseph Valentino . . USA 

Thomas Floro Van-Tienhoven Argentinian

Asaad Eidi Vejdany USA 

Milutin Velimirovich USA 

Nicholas Andreas Vrenios USA 

Peter Vulcu USA 

Raymond Ronald Wagner USA 

Janina Jozefa Waido USA 

Thomas Edwin Walker USA 

Kesha Weedon USA 

Jerome Lee Weston USA 

Jonathan White USA 

Stephanie Leigh Williams USA 

Brittany Leigh Williams USA 

George Waterson Williams USA 

Bonnie Leigh Williams USA 

Eric Jon Williams USA 

Miriam Luby Wolfe USA 

Chelsea Marie Woods USA 

Joe Nathan Woods USA 

Joe Nathan Woods, Jr. USA 

Dedera Lynn Woods USA 

Andrew Christopher Gillies-Wright British 

Mark James Zwynenburg USA 

(Violation of Title 18, United States Code, Sections 32(a)(2), 34 

and 2) 


COUNT THREE 


1- The Grand Jury hereby re-alleges and incorporates by 


reference paragraphs One through Thirty-one of Count One ofthis 


Indictment. 


2. On or about December 21, 1988, at an altitude of 31,000 

feet, approximately in the vicinity of the town of Lockerbie, 


Scotland, and within the special aircraft jurisdiction of the 


United States, as defined by Title 49, United States Code Appendix, 


Section 1301(38), the Defendants ABDEL BASSET and LAMEN FHIMAH, 


together with others unknown to the Grand Jury, did willfully and 


unlawfully damage and destroy, by means of an explosive device, 

20 


aircraft number N739PA, a civil aircraft of the United States used, 


operated, and employed in overseas and foreign air commerce by Pan 


American World Airways as Pan Am Flight 103, en route to the United 


States from Heathrow Airport, London, United Kingdom, resulting in 


the deaths of two hundred seventy victims as specified in Count Two 


of this Indictment. 


(Violation of Title 18, United States Code, Sections 32(a)(l), 34 


and 2) 


COUNT FOUR 


1. The Grand Jury hereby re-alleges and incorporates by 


reference paragraphs One through Thirty-one of Count One of this 
 -

- Indictment. 


2. On December 21, 1988, at an altitude of 31,000 feet, 

approximately in the vicinity of the town of Lockerbie, Scotland, 

the Defendants ABDEL BASSET and LAMEN FHIMAH, together with others 

unknown to the Grand Jury, did maliciously damage and destroy by 

means of'an explosive, aircraft number N739PA, employed as Pan Am' 

Flight 103, a vehicle used in foreign commerce, and in an activity 

'a£fecting foreign commerce, which was en route to the United States 


from Heathrow Airport, London;United Kingdom. 


3. On December 21, 1988, as a direct and proximate result --of 

the damage and destruction of aircraft N739PA, above and within the 

town of Lockerbie, Scotland, and the surrounding area, the 

~gfendants .ABDEL BASSET and LAMEN FHIMAH, together with others 

unknown td the Grand Jury, did maliciously cause the deaths of the 

two hundred seventy persons identified in Count Two of this 
21 


Indictment. 


(Violation of Title 18, United States Code, Sections 844(i) and 2) 


COUNTS FIVE THROUGH ONE HUNDRED NINETY-THREE 


1. The Grand Jury hereby re-alleges and incorporates by 


reference paragraphs One through ~hirty-one of Count One of this 


Indictment. 


2. At all times material to the Indictment the persons 


identified as victims in Counts Five through One Hundred Ninety- 


Three were nationals of the United States as that term is defined 


by Title 8, United States Code, Section 1101(a)(22). 


3. On or about December 21, 1988, outsidethe United States,, 

in the town of Lockerbie, scotland, and vicinity, within the United 

Kingdom. and elsewhere, the Defendants ABDEL BASSET and LAMEN 

PHIMAH, and others unknown to the Grand Jury, did willfully, 


deliberately, maliciously and with premeditation and malice 


aforeth.ought kill one hundred eighty-nine nationals of the United 


States who were the passengers and crew of the aircraft, and whose 


identities are reflected in the table set forth below: 


COUNT VICTIM 

FIVE' John Michael Gerard Ahern 

SIX - Sarah Margaret Aicher .-

SEVEN John David Akerstrom 

EIGHT Thomas Joseph Ammerman 

N~NE Martin Lewis Apf el.baum 

TEN Rachel Marie Asrelsky 

ELEVEN Judith Ellen Atkinson 
TWELVE 


THIRTEEN 


FOURTEEN 


.FIFTEEN 


SIXTEEN 


SEVENTEEN 


EIGHTEEN 


NINETEEN 


TWENTY 


TWENTY -ONE 


TWENTY -TWO 


TWENTY-THREE 

TWENTY-FOUR 

TWENTY-FIVE 

TWENTY-SIX 

TWENTY-SEVEN 

TWENTY-EIGHT 

TWENTY-NINE 

THIRTY 

THIRTY-ONE 

THIRTY -TWO 

THIRTY:THREE 


THIRTY-FOUR 


THIRTY -FIVE 


THIRTY-SIX 


THIRTY-SEVEN 


22 

William Garretson Atkinson I11 


Jerry Don Avritt 


Harry Michael Bainbridge 


Julian MacBain Benello 


Lawrence Ray Bennett 


Philip Vernon Bergstrom 


Michael Stuart Bernstein 


Steven Russell Berrell 


Noelle Lydie Berti-Campbell 


Surinder Mohan Bhatia 


Kenneth John Bissett 


Stephen John Boland 


Paula Marie Bouckley 


Nicole Elise Boulanger 


Nicholas Bright 


Colleen Renee Brunner 


Michael Warren Buser. 


Warren Max Buser 


Steven Lee Butler 


Valerie Canady 


Gregory Joseph Capasso 


Timothy Michael Cardwell 


Richard Anthony Cawley 


Frank Ciulla 


Theodora Eugenia Cohen 


Jason Michael Coker 


-

-	
THIRTY-EIGHT 
 Eric Michael Coker 


THIRTY-NINE 
 Gary Leonard Colasanti 


FORTY 
 Scott Marsh Cory 


FORTY -ONE 
 Willis Larry Coursey 


FORTY-TWO 
 Patricia Mary Coyle 


FORTY-THREE 
 John Binning Cummock 


FORTY-FOUR 
 Joseph Patrick Curry 


FORTY-FIVE 
 William Alan Daniels 


FORTY-SIX 
 Gretchen Joyce Dater 


FORTY-SEVEN 
 Shannon Davis 


FORTY-EIGHT 
 Joyce Christine Dimauro 


-	 FORTY-NINE Shanti Dixit 


FIFTY David Scott Dornstein 


F IFTY-ONE Michael Joseph Doyle 


FIFTY-TWO .Edgar Howard Eggleston I11 

FIFTY-THREE Turhan Ergin 

-	 FIFTY-FOUR Charles Thomas Fisher IV 

FIFTY-FIVE John Patrick Flynn . 

FIFTY-SIX Arthur Jay Fondiler . . . 

FIFTY-SEVEN Robert Gerard Fortune 

FIFTY-EIGHT Stacie Denise Franklin 

Diane Ann Boatman-Fuller '. 

SIXTY 
 James Ralph Fuller 

SIXTY-ONE 
 Amy Beth Gallagher 


SIXTY-TWO 
 Matthew Kevin Gannon 


SIXTY-THREE 
 Kenneth Raymond Garczynski 

24 

SIXTY-FOUR 
 Paul Isaac Garrett . 

SIXTY-FIVE 
 Kenneth James Gibson 

SIXTY-SIX 
 William David Giebler 

SIXTY-SEVEN 
 Linda Susan Gordon-Gorgacz 

SIXTY-EIGHT 
 Anne Madelene Gorgacz 

SIXTY-NINE 
 Loretta Anne Gorgacz 

SEVENTY 
 David Jay Gould 

SEVENTY -ONE 
 Andre Nikolai Guevorgian 

SEVENTY-TWO 
 Lorraine Frances Halsch 

SEVENTY-THREE 
 Lynne Carol Hartunian 

SEVENTY-FOUR 
 Pamela Elaine Herbert 

SEVENTY-FIVE 
 Rodney Peter Hilbert 

SEVENTY-SIX 
 Katherine Augusta Hollister 

SEVENTY-SEVEN 
 ~elina Kristina Hudson 

SEVENTY-EIGHT 
 Karen Lee Hunt 

SEVENTY-NINE 
 Roger Elwood Hurst 

EIGHTY 
 Khaled Nazir Jaafar 

EIGHTY-ONE 
 Robert Van Houten Jeck 

EIGHTY-TWO 
 Kathleen Mary Jermyn 


EIGHTY-THREE 
 Beth Ann Johnson 


EIGHTY-FOUR 
 Mary Lincoln Johnson 


-- -- 

EIGHTY-FIVE 
 -p--p-pp--------

Timothy Baron Johnson 


EIGHTY-SIX 
 Christopher Andrew Jones 


EIGHTY-SEVEN 
 Julianne Frances Kelly 


EIGHTY-EIGHT 
 Jay Joseph Kingham 


EIGHTY-NINE 
 Patricia Ann Klein 

NINETY Gregory Kosmowski 

NINETY-ONE Ronald Albert Lariviere 

NINETY-TWO Robert Milton Leckburg 

NINETY-THREE William Chase Leyrer 

NINETY-FOUR Wendy Anne Lincoln 

NINETY-FIVE Alexander Lowenstein 

NINETY-SIX Lloyd David Ludlow 

NINETY-SEVEN William Edward Mack 

NINETY-EIGHT Douglas Eugene Malicote 

NINETY-NINE Wendy Gay Malicote 

ONE HUNDRED Elizabeth Lillian Marek 

5. ONE HUNDRED . . ONE Louis Anthony Marengo 

ONE HUNDRED TWO Diane Marie Maslowski 

ONE HUNDRED THREE Lilibeth obi la MacAlolooy 

ONE HUNDRED FOUR James Bruce MacQuarrie 

ONE HUNDRED FIVE Daniel Emmet McCarthy 

ONE HUNDRED SIX Robert Eugene McCollum 

ONE HUNDRED SEVEN Charles Dennis McKee 

ONE HUNDRED EIGHT Bernard Joseph McLaughlin 

ONE HUNDRED NINE Jane Susan Melber 

ONE HUNDRED TEN Suzanne Marie Miazga 

- -- 

ONE-mDRED-EL-E=N----- - Josepfi-KCnihMr'llerONE HUNDRED TWELVE Jewel Courtney Mitchell 

ONE HUNDRED THIRTEEN 

.-

Richard Paul Monetti 

ONE HUNDRED FOURTEEN Jane Ann Morgan 

ONE HUNDRED FIFTEEN Eva Ingeborg Morson 
26 


ONE HUNDRED SIXTEEN John Mulroy 

ONE HUNDRED SEVENTEEN Sean Kevin Mulroy 

ONE HUNDRED EIGHTEEN Karen' Elizabeth Noonan 

ONE HUNDRED NINETEEN Daniel Emmett OtConnor 

ONE HUNDRED TWENTY Mary Denice OtNeill 

ONE HUNDRED TWENTY-ONE Anne Lindsey Otenasek 

ONE HUNDRED TWENTY-TWO Robert Plack Owens 

ONE HUNDRED TWENTY-THREE Martha Owens 

ONE HUNDRED TWENTY-FOUR Sarah Rebecca Owens 

ONE HUNDRED TWENTY-FIVE Laura Abigail Owens 

ONE HUNDRED TWENTY-SIX Robert Italo Pagnucco 

ONE HUNDRED TWENTY-SEVEN Christos Michael Papadopoulos 

ONE HUNDRED TWENTY-EIGHT Peter Raymond Peirce 

ONE HUNDRED TWENTY-NINE Michael Cosimo.Pescatore 

ONE HUNDRED THIRTY Sarah Susannah Buchanan-Philipps 

ONE HUNDRED THIRTY-ONE Frederick Sandford Phillips 

ONE HUNDRED THIRTY-TWO James Andrew Campbell Pitt 

ONE HUNDRED THIRTY-THREE David Platt 

ONE HUNDRED THIRTY-FOUR Walter Leonard Porter 

ONE HUNDRED THIRTY-FIVE Pamela Lynn Posen 

ONE HUNDRED THIRTY-SIX William Pugh 

. ._._ 

ONE HUNDRED THIRTY-SEVEN Suruchi Rattan 

ONE HUNDRED THI-RTY-EIGHT Anmol Rattan 

ONE -. HUNDRED THIRTY -NINE Garima Rattan . 

ONE HUNDRED FORTY Anita Lynn Reeves 

ONE HUNDRED FORTY-ONE Mark Alan Rein 
I 

-

27 

ONE HUNDRED FORTY-TWO 
 Jocelyn Reina 


ONE HUNDRED FORTY-THREE 
 Diane Marie Rencevicz 


ONE HUNDRED FORTY-FOUR 
 Louise Ann Rogers 


ONE HUNDRED FORTY-FIVE 
 Saul Mark Rosen 


ONE HUNDRED FORTY -S IX 
 Andrea Victoria ~osenthal 


ONE HUNDRED FORTY-SEVEN 
 Daniel Peter Rosenthal 


ONE HUNDRED FORTY-EIGHT 
 Myra Josephine Royal 


ONE HUNDRED FORTY-NINE 
 Elyse Jeanne Saraceni 


ONE HUNDRED FIFTY 
 Scott Christopher Saunders 


ONE HUNDRED FIFTY-ONE 
 Robert Thomas Schlageter 


ONE HUNDRED FIFTY-TWO 
 Thomas Britton Schultz 


- ONE HUNDRED FIFTY-THREE Amy Elizabeth Shapiro 


ONE HUNDRED FIFTY-FOUR 
 Joan Sheanshang 


ONE HUNDRED FIFTY-FIVE 
* Irving Stanley Sigal 


ONE HUNDRED FIFTY-SIX Kartin Bernard Carruthers-Simpson 


ONE HUNDRED FIFTY-SEVEN Irja Syhnove Skabo 


ONE HUNDRED FIFTY-EIGHT Mary Edna Smith 


ONE HUNDRED FIFTY-NINE Cynthia Joan Smith 


ONE HUNDRED SIXTY James Alvin Smith 


ONE HUNDRED SIXTY-ONE Charlotte Ann Stinnett 


ONE HUNDRED SIXTY-TWO Stacey Leanne Stinnett 


oNEE~DRED-snTY-..THRE.E. - Michael-Gary .-- Stinnett 
 __-.-.-..-._.-_-p.----
 ...... 

ONE HUNDRED SIXTY-FOUR 
 James Ralph Stow 


ONE HUNDRED SIXTY-FIVE 
 Elia G. Stratis 


ONE HUNDRED SIXTY-SIX 
 Jonathan Ryan Thomas 


ONE HUNDRED SIXTY-SEVEN 
 Lawanda Thomas 

I 

I 

I 

I 

28 


ONE HUNDRED SIXTY-EIGHT Arva Anthony Thomas 


ONE HUNDRED SIXTY-NINE Mark Lawrence Tobin 


ONE HUNDRED SEVENTY 	 David William Trimmer-Smith 


ONE HUNDRED SEVENTY-ONE Alexia Kathryn Tsairis 


ONE HUNDRED SEVENTY-TWO Barry Joseph Valentino 


ONE HUNDRED SEVENTY-THREE Asaad Eidi Vejdany 


ONE HUNDRED SEVENTY-FOUR MiTutin Velimirovich 


ONE HUNDRED SEVENTY-FIVE Nicholas Andreas Vrenios 


ONE HUNDRED SEVENTY-SIX Peter Vulcu 


ONE HUNDRED SEVENTY-SEVEN Raymond Ronald Wagner 


ONE HUNDRED SEVENTY-EIGHT Janina Jozefa Waido 


5 	 ONE HUNDRED SEVENTY-NINE Thomas Edwin Walker 

ONE HUNDRED EIGHTY Kesha Weedon 

ONE HUNDRED EIGHTY-ONE Jerome Lee Weston 

ONE WNDRED EIGHTY-TWO Jonathan White 

ONE HUNDRED EIGHTY-THREE . Stephanie Leigh Williams 

ONE HUNDRED EIGHTY-FOUR Brittany Leigh Williams 


ONE HUNDRED EIGHTY-FIVE George Waterson Williams 


ONE HUNDRED EIGHTY-SIX Bonnie Leigh Williams 


ONE HUNDRED EIGHTY-SEVEN Eric Jon Williams 


ONE HUNDRED EIGHTY-EIGHT Miriam Luby Wolfe 


- -- ~N.E-.~.~~-~-E-I-~.HT-y~-N-I-N-E---ChTlTeTMXirTe-~zi?.-
I 

ONE HUNDRJ3D NINETY. Joe Nathan Woods 

ONE HUNDRED NINETY-ONE Joe Nathan Woods, Jr. 

ONE HUNDRED NINETY-TWO Dedera Lynn Woods 

ONE HUNDRED NINETY-THREE Mark James Zwynenburg 

(Violation of Title 18, United States Code, Sections 2331 and 2). 

A TRUE BILL: 

Foreperson. 

-

- Attorney for the United States in 

and for the District of Columbia 
NOU-29-1991 17:21 FROM SfCT TO 95148714 P.02 

? I 

v [ Fact Sheet 1 

Additional Information 


On the Bombing 

Of Pan Am Flight 103 

The Government of Libyawas responsibkfor the bombing of Pan Am FIight 

103on December 21,1988. Thispaper 

reviews both evidentiary materialupon 

which the US indictment of two Libyan 

officials is based,and kckpund 

information that establishes links 

between thoseindicted and senior 

LibyanGovernment oflicials. 

Scottish authorities and the US Department of Justice have charged two 

Libyanswith carryingout the sttack 

Abd d-Basit al-Maqrahi, a senior 

Libyan intelligence official,and Lamin 

Fhirnah. the former manager of the 

Libyan Arab Airlines (LAA)ofice in 

Malta. The charg~sare based on clear 

evidence that al-Maqrahi,Fhimah,and 

other unidentified co-conspirabls 

planned to bomb Pan Am 103by: 

Obtaining and attaching an 

appmpriateIy marked Air Malta tag 

that circumvented baggage security 

measures and muted the bag containing 

the bomb to the Pan Am 103feeder 

flight bHeathw and then to Pan Am 

103; 

Setting the timer that activated 

the device so that the bomb wvdd 

explode about 1hour afterPan Am 103 

was scheduled to depart Heathrow 

Airport in London; 

-~IJsin~-the knou-ledge-andaccess -

gained &om their officiaI statusas 

representatives of Libyan Arab Airlines 

(LAA) to facilita* the operation at 

Valletta's Luqa aiqmrt. Thiswould 

have enabled them to bypass vm.uity 

checks and ensure that the suitcase 

containing the bomb was insertedinto 

the baggage of an Air Malts flight b 

Frankfurt. 

Al-Mamya senior Libyan intelligence official,acted with the approvalof 

the highest levelsof the LibyanGovernment. We believe Sa'id Rashid--a 

leading architectand executor of 

Libya's anti-US and anti-dissident 

terrorist policies for the last decade, and 

a mernhr of the Libyan Government's 

inner circle-was the senior government official who orchestlilted the 

attack. An operation of this sophistication and magnitude, involvingpeople so 

close to the Libyan leadekhip, couId 

hare been undertaken onlywith the 

approval of s~niorLibyan officials. 

The Case 

The US indictment is based on evidence, 

summarized below,diiedly linking 

Libyan officialsto the suiuitease containing the bomb and its insertion into the 

baggage system. The etidence also 

directly links aI-Maqrahi to the Swiss 

company that manufactured the timer 

used in the attack. 

The Suitcase. Forensic analysishas 

identifiedthe bag that contained the 

Pan Am 103bomb as a bmwn, hardsided 

Samsonitesuitcase.The following 

evidence linksai-Maqrahiand Fhah 

to the suitcase. 

Al-Moqrahi, travelingin alias, 

arrived in Valletta with Fhimah from 

Ubya an_tfie-eeveningafl)ecemhr-20,--

1988,the day before the hrnbing. 

Fhiiah, the former manager of the 

LAA officein Valletta, retained full 

access to the akprt. A-Maqrahi and 

Fhimah brought a large, brown, 

hardsided Samsonite suitcase aith them 

into Malta on that occasion. 

Scottish investigators traced 

clothing that had been packed in the 

bomb suitcase to a Maltese clothing 

shop. A Libyan bought the items 

several weeks before the bombing, most 

likely on December 7,1988. Airport 

arrival cardsdernonstmte that 

al-hlaqrahi was in Malta on December 7. 

- In February 1991,al-Maqrahi was 

described asresembling the Libyan who 

had purchaxd the clothing items. 

The Insertion. Frankfurt airport 

records for December 21 show- that an 

unaccompanied bag was routed from Air 

Malta flight lESO (KM180). out of 

ValIetta's Luqa airport,to Frankfurt. 

where it was Ioadedonto thePan Am 

103feeder flight to London. The 

evidence indicatesthat a properly 

marked Air Malta baggage tag would 

have muted the suitcasecontaining the 

bomb to John F. Kennedy airport in 

New York via Pan Am 103. The 

following evidence directly implicates 

al-Maqrrihi and Fhimah in this process: 

Fhirnah's diary contains a reminder for December lfiy19ES,to pick 

up Air Malta tags-a \-iolation of airport 

and airline regulations. Other diary 

notationsindicatethat Fhimah accomplished this task. 

According to Luqa airport records 

and staff,the baggage for ICM 180 was 

processed at ab~ut-the-sametime-as---

their bags for a Libyan Arab Airlines 

Right (LN143, bound for nipoli. 

Al-Maqrahi, stiIl traveling in alias. 

boarded LN 147 on the morning of 

December21,19fB,the same morning 

that the bomb was inserted into the 

baggage of the k-M 180 Right. AlMaqrahi's flight back to Libya checked 

f1. 


'-.-

November 15. 1991 US Oevanment of State 

Bureau of PtrbficAffairs 

Office of Public @mmunicatbn 
NOU-29-1991 17:21 FROM S/CT 

in at the same aiTplrt passenger check- We believe that his contacts and by al-Naqrahi and Badri Hasan to 

in counter as KM 180,and the check-in experience in the fields of civil aviation. iIlegalIy acquire US aircraft via Eenin in 

periods for the two flights overlapped. cargomovement, and small business 19sand 1987and sponsored the 

The Timer. A board frag- operations also provided him with a establishment of a travel agency as a circuit 

ment recovered ready-made infktructure to support joint CSWrnilitwy procurement enter- from the Pan Am 103 the sfaging of the Pan Am 103bombing. bomb was part prise of a in sophisticated Eastern Europe. 

Al-Maqrahi is a senior intelligence Sa'ld Rashid, who in paid electronic timer of 1938 and a type that officiaIwith strong ties to Libya's instructed Senegalese authorities discovered in the chemical weapons the 	 miIitary pmcurernent apparatusand to precursor procurement specialist possession oftwo Libyan terrorists 	 the External SSecurity Organization working for arrested in February al-Mqrahi in 1988. The timers, 	 Germany. 

@SO). In 1987, he became thedirector 
 marked MST-13,were manufactured by of the Center for Strategic Studies Meister et Bollier (MEBO),a Swiss Al-Maqvhi's Terrorist Record 


(CSS), a unit that served the ESO and 
 electronics firm Iacated in Zurich. the Department of Military Prrxure- Ai-Maqrahi's position and contacts in 

The MST-23timen are unique. ment through a variety of activities, the Libyan intelligence apparatus place MEBO *-as the solemanufacturer. All including him firmly in the amp of his first cousin 

the MST-13 time- pmduced were Sa'id Rashid--a leading architect and 

delivered to the Libyans. Ptocmment of chemical weapons implementer of Libya's terrorist policies MEBO protided the Libyan Exter- prezumrs. An al-Maqrahisubordinate and a powerful member of the Libyan nal Security Organization (ESO,also operatingin Gennany in 1 splayed an Government's inner circle. For at feat 

referred to asthe Jamahirya Security important role in acquiringand shipping 2 years prior to his early 29S7 appoint- Organimtion-JSO) with 20 MST-13 chemicalweapons precursors to Libya. ment as CSS director, al-Maqrahi was 

timers in Iate 1985 and mde no more Al-Maqrahi isalso linked to a senior %SO chief of airline security, reporting MST-13timers. Tw-o ESOelectrical manager of Libya's chemicaI weapons directly to Rashid, who was ESO chief 

engineers commissioned and took 	 development program; of operations throughout 1986. poswsion of the timers: IzzAIdin Procurement of aifiraR and Al-Maqrahi continued his terrorist

Hinshiri, Libya's current Ministerof 	 aircraft componentsfor the Libyan activities after becoming CSS dkector 

Communications and Transport,and 	 military and LAA. Badri Hssan, in early 1987. During 1988, al-Maqrahi: Sa'id Rashid. another close coliabratar of al-Maqmhi, 


Al-Maqrahi i4 a dose relative and is Met in one of Libya's leading expertsin Malta with 3team of 


longtime associata of So'id Rashid. At circumventing US embargo provisions Libyan intelligence operatives planning 

the time Rashid twk delivery of the barring the saleofUS technology and to travel to Chad to conduct an unspeci--

timers,al-Maqrahi was his immediate aircraftcomponents to Libya; fied operation Abddlah Sanussi, newlv 

subordinate. appointed Assistingwith Libya's effort to co- chief of ESO operations, 

Al-Maqrahi rented office space the at ordered or sponsor Latin American terrorist team to abort the operation opt

MEBO and transited Zurich on at least groups. Under aCMaqmhi's leadership, when it was unable to makeappropriate 

two occasions in December 1988. the CSS assistedother Libyan outreach airline connections. Sanussiis one af 

agencies by contributing to pf0pagand.a four Libyans whom France indicted on 

Libyan Government Responsibility October 30,1991, for the September campaigns, collecting intelligence on the 

attitudes of radical groups,and aswss- 1989 bombing of UTA 772, which 

The conciusion that the Libyan Govern-	 utility explcded after leaving ing the intelligence or operational Ndjamena 

ment approved the Pan Am 103bomb 	 of Arabs who resided in tatget airport in coun-
 Chad.


ing is based on AM al-Basit al-	 Met with Greek armsdealers tries; and and 

Maqrahi's centraland continuingrole in 	 expressed interest in acquiring Settingup tavel agencies and 1,000

Libyan intelligence operations and on 	 facilitste the letter other and assdated teehnicar front companies bombs to hisclose association with Libyan 	 travel equipment.
 and movement of gmds and
 Government officialswho have imple- 	 people, an activity that we believe menkd and directed Libya's use of 	 supported both the procurement and Sa'id Rashid and 

krmrism over the years asa too1of 	 outreach --~v~ment-po~cyT-~e-career-progreSs-
 ~programs -- of the CSSSanddo_ther--

Libyan -- TerroristO@e~tLons--

Libyan intelligence entities. . of these officials over the yearsindicates 	 Sa'id Emhid has managed a sustained 

that the Libyan Government has Senior Libyans who worked closely Libyan effort to conduct terrorist 


consistently endorsed their operations, with d-hlaqrahiand other CSSofficials attacks against US interests since the 


tactics, and targets. involved in these activities include: early 1980s. Rashid has long enjoyed 


privileged access to the top levels of the AJ-Maqrahl's inteiligemeRespon- Col. Rifi Ali al-Sharif, a senior Libyan Government and is involved in a

sibilities. Abd al-Basit d-Maqrahi's Libyan military officerwith 3prominent widerange of intelligenceactivities. He 

deep involvement in Libya's most role in Libya's pmurernent effort. isa senior member of the Revolutionary sensitive, high priority praurement Col. alSharif, the mentor/patmn of Committees Bureau,which oversees the 

operationsindicatesthat he enjoyed the Badri Hasan, reportedly assisted efforts execution of the Libyan Government's 


fullest confidence of Libya's leadership. radical policies in Libya and abroad. 

NOU-29-1991 17:22 FROM S/CT 

Rashid rase rapidly in the ESO and 

in Libya's revolutionary committee 

apparatus during the early and mid1980s while aggressivelypursuing the

Libyan Government's dissident assas

nation programs and the terrorist and

subversive aspectsof the government'

Afiican policies. 

An Italiancourt has sentend 

Rashid in absentia to life impriwnmen

for his leadership of a team that assacs

nated a LibyanexiIe in a Milan train 

station in July 1980. Thisassassinatio

was one of many iri an antidissident 

campaign that spanned Western Euro

and was dkected by Rashid through at

least 1985. 

In October 19W,&hid led a 


team toTop that planned to assassi-


nate Chadian President Hissan Habre. 

In 1953,Libya illegallydetained 

37 French citbens in a successful effor

to force Fmce to releaseRashid. who 

had been jailed in Parispending extlrd

tion k,Italy on murder charges related

to the 1980assassination in Milan. 

Rashid began to direct attacks 

specificallyagainst US interests in late

1981,when he assumed ot-edl operational zesponsibility forLibya's effort t

overthrow the Sudanese regime of 

President Ja'far Numeki, then a close 

ally of the United States. Duringthis 

period. Rashid and his subordinates 

trained, equipped, and directed 

Sudanese termrists who attempted to 

bomb US interests, on several occasion

usingconcealed bombs equipped rrlth 

"decade" timers and containing Semtex

H- Decadetimers were a signature item

of Libyan and Libya-sponwred 

terroristsduringthe eraIy 1560s. 

One suchbornb, concealed in a 

cigarettecyton, wasused in a failed 

attempt tobomb a PanAm flight in 

December 1983. The terrorist a% 

is 

t 

in 

pe 

t 

io 

s 

-

Rashid continued to play a key role 

in Libyan targeting of US interests 

aRer tensionsmounted betweenthetwo 

cawtries in mid-198. 

Rashid's operatives began 

planning an attack on US facilities in 

Turkey in early 1986,culminatingin a 

failed attempt to bomb the US Officers 

Clubin Ankara in late April 1986. The 

Libyan intelIigence officer who directed 

the opemtion within Turkey was 

operating under cover as an LAA 

official. 

Rashid tasked several Palestiniansta target US facilities in Germany 

and hted the April 1986bombing of 

the La Belle disco in Berlin. The La 

Belle bomb,specifically intendedto kill 

American service personnet and their 

dependent% kiIled three people, two of 

them Americans 

Theday after the La Belle disco 

bombing, Rashid traveIed to Khartoum, 

where he continued his work with 

Sudanese oppositionists. Rashid was in 

Khartoum on April 15,19S6, when a US 

Embassy official was seriously wounded 

in retaliation for the US bombing of 

Libyaearlier the same day. 

Rashid w+sone of the Libyan 

engineerswho proxided design specificationsto the Swiss firm (MEBO) that 

manufactured the timer used in the Pan 

Am 103bomb. He alsodemonshted a 

MEBO remotely activated briefcase 

bomb to Palestinian recruits. 

Both the Libyans arrested in 

Sene4 with the MEBO timer had been 

Rashid's subordinatessince the early 

1980a. 

In eatly 1987,the Libyan Government moved Rashid hm the ESO to 

the directorship of the Libyan ElectronicsCompany, which is heavily involved 

in technology transfer and other 

AI-Maqrahl's Mher Supervisors, 

Al-Maqrahi, as CSS director, reported. 

or can be linked directly, to the followingprominent Libyans. 

ESO director lbrahim al-Bishari 

used al-Maqrahi's office at MEBO, in 

Zurich,as an accomrnodation address 

and claimed that al-Maqrahi worked 

directly under him as director of the 

CSS. Al-Bishari is currentIy Libya's 

Foreign Minister and reportedly Rtains 

his intelligence portfolio. 

In fall 1988.Abdallah al-Sanussi 

w-as al-Maqrahi's immediate ESO 

supervisor. Al-Maqrahi was a tenorist 

who worked at the CSSfor Sanussi. 

Al-Sanussi is one ofthe Libyan 

Government's chief intelligence aides. 

He authorized, directed, and provided 

funding for a number of Libyan terrorist 

operations over the years. French 

judicial authorities have lodged criminal 


charges against al-Sanussi for the 


September1989bombing of UTA 772. 


Nasir Ali Ashur has been linked 


both to aGMaqrahi and to the ME130 


timers. Ashur, who oversaw- earlier 


tests of the timers to ensure they would 


be completelydestroyed by an explo-


sion, =as seen at a meeting at al-


hiaqrahi's house 2 days before the Pan 


Am 103bombing. Maltese embzrkation 


records and a US intelligencesource 


also show that Ashur and al-Maqrahi 


met on Malta in early October 198.9 and 


that the two traveled together from 


Zurich to Malb in August 1987. Ashur 


has hen declared by the French to be 


the equivalent of an unindicted CG-


conspirator for his management of 


Libya's policies of providing massive 


amounts of ~ms-including tons of 


Semtex-H-to the Provisional Irish 


Republican Army. 


AWallah Mahmud Hijatl is prob-


ably also a key contact of al-Maqrahi. 


although we lack concrete evidence of 


-.	direct linkage.-Hijazi. Rashid%longtime -

patron, was until 1986the director of 

Libya's Department ofMilitary Procurement. In 198S.he was reportedlya 

key orpnizer of Libyan subversive 

opemtions in West Africa and Chad. 

lbrahim Nayili, whom the French 

indicted on October 30,1991. for his role 

in the bombing of UTA 772,has been 

identified by several sources as the ESO 

tempted to check an unaccompanied bag pmment activities. At the same 

onto an Alitalia flight departing time, the Libyan Government placed a1- 

-Maq~ahi-in-ch-irf-the-anterfor---- --Istanbul for Rome: Thebsg,~hiia--

discovered by Turkish authoritiesasa 

result of heightened securityprocedures. was tagged in such a way that it 

would have cannected with a Pan Am 

flightdeparting Rome for New York, 

thus foIlowingessentially the same 

pwedure that suded in the caseof 

Pan Am 103. 

Strategic Studies. We believe that the 

two cousinscontinued to cmrdinak 

their activities as they became more 

deeply involved in pmwernent program- in their joint supervision of 

al-Maqrahi's chemical weapona procutement specialist in Germany. 
NOW-29-1991 17:23 FROM S/CT TO 

official in Athens u-hoplaced potential The Historical Context 

sources of arms and aircraftcomponents 

in contact with al-Mqrahi. AJ-Nayill The foregoinghas described Libya's 

became ESO chief of airline security in linksto Pan Am 103,the individuals 

mid-1989.the same position that invoIved, and the central role those 

al-Maqrahi held before becoming individuaIsplay in the terrorist and 

CSS director. inteEgence programs of the Libyan

Government. The terrorist-e against 

the government does not begin or end 

with thedestnrction of Pan Am 103. We 

have seen aconsistentpattern of 

Libyan-inspired tenorism that continues afterthe Pan Am 103a-ty to the 

present. Thispattern seioudy undermines any argument that Pan Am 10:: . 

was a rogue operation that did not meet 

with the approval of Libya's most senior 

authorities. An operation this importnnt could not have been undertaken 

without the consent of the highest levels 

in the Libyan Government. 

Many more Libya-sponsored 

terrorist events are described in 

unclassified white paprs published by 

the Department of State in midNovember 1991, August 1990.January 

1989, and throughoutl9S6. 8 
- -- -- - 

NOU-29-1991 17:24 FROM S/CT TO 95148714 P.06 / Fact Sheet I 

The Iranians and the PFLP-GC: ., 

Early Suspects 


In the Pan Am 103 Bombing 


The domimnt hypothesisof theearly 

s&ges of the Pan Am 103investigation 

focusedon indications that the bombing 

was the outcome of joint planning by the 

Iranian Revolutionuy G d Corps 

(IRGC)and the Poplar FZPnt for the 

Llhtion of Mestineneal 

Command (P2'LPC.C'): 

Reliable intelligencereporting 

indicatedthat the PFLP-GCad 

elemenbofthe IranianGovernment ' 

were planning to attack ;rUS bzget in 

retalistion for the accidentaldowningin 

JuIy 1388ofan IranianAirbus by a 

usWaTShip. 

On Octbber 26,1988, Gennan 

police arrested members of a PFLP-GC 

celI led by Rafiz &&amorti. Police 

found sbomb in DaIkamo~Ssautomobile 

that had been designed sefi41y for 

use against civilianaircraft It conbindanaltimeter switch that ensured 

bth that the bomb explodedat cruising 

dtitude and that briefalterations in 

presure atairportSecurity facilities 

would not trigger a premature 

detonation 


An eatly Andinginthe PanAm 

103investigationwas that the 103 

bomb, like thePFLP-GCdevicefound 

in hknoni's aubmobiie, had been 

conceaIedin a To- radioand 

mmisted of lessthan 500grams of 

PETN and SDX*Le two exp105iive 

ingredients used hSEMTEX-E 

Invest@torSXe~edthattthi 

suitwse contajningthe bomb wasin a 

luggageconbiner that held bags 

transfd hm the Pan Am I03feeder 

flight out of Fran-he locationof 

muchof the PFLP-GCcell's activity 

duringOctober 1988. 

Over time, however,freshevidence 

undermined the initiaitheory hking 

the PFLPGCtothe PanAm 108bomb 

and led the continuinginvestigation in 

other directions:

- It was determined that the 

Toshibsradio hausing thePFLP-GC 

bomb found inDhoni's cadiiered 

markedly from theappeatanceof the 

radio that fo~naicexaminemsaid had 

containedthe Pan Am 103bomb. 

Clothingitems packedwith the 

Pan Am 1Q3bomb had been purthased 

in VaIletta, Malta, anor about December 7,1988-l%dd% airport mrds 

also indiciited that the suitr84e containingthebombhdkntrans~asan 

unaccompanied bag b the PanAm 103 

feeder Eght hrn an Air Mdts flight 

that had departed Vallettader on 

the day of the bombing. 

We discoveredin June 1990that 

the Pan Am la3bomb had been sctivated by a sophisticatedelectmnic 

timer,incontrast to the PFLPCC 

bombs, which hsd altimeter switches 

and relativelycrude timera merman?. we learned that the PanAm 103 

timer had been deliveredbLibyan 

inteIligemreofficialsin 1985andthat two 

Libyan temrrists had-beenarrested - ---

with an identical timerin February 1988 

in Senegat 

No evidence hassurfaced at the 

Pan Am 103 crashsite indicating that 

the termrists used an dtineter switch. 

Wllusion by Multiple 


State Sponsors? 


We now hold the Libyan Government 

responsible for thePan Am 103bombing. We cannot mIe out a broader 

conspiracy between Libya and other 

governmentsor tenonst organizations, 

but the availableinformation does not 

supp,W that conclusion. We believe 

thatLibya-the primary source of 

PFLP-GCfunding during the 19SOswas probably aware of Dalkamoni's 

eartierplans ta bomb aircraft The 

activities in fall 1988by those Libyans 

directly responsible for the December 

1988 Pan Am bombing indicate that 

Libya was planninganaircraft bombing 

at thesame timeas the PFLP-GCcell 

was building its bombs inGermany. 

Tripoli was also aware of the PFLPGCs relationship with ban---and itself 

was a closeally of Tehran during the 

h-Ir;iq war. 

Syria,the primary political spnsor 

of the PFLP-GC and anotherstrongally 

of Iran,was at least broadly aware of 

the PFLP-GCs allicesand opelations. Despite these links, we Iack 

infonncitionindicatingdirect collaboration among Inn, Syria, and Libya, 

_either-insponsoring-theEF-LEG(?---

planned bombingsof aircmftor in 

Libya's bombing of Pan Am 103. 

US Qop~m d 4ao November 15, 1991 Bvrsar of FLbAc Affairs 

Officeuf PublicCammnicatkn 
- - - - - -- --- - --- --- - --- -- 

PAN AM 103 BRIEFING 


In its essence, the Grand Jury indictment charges Abdel Basset 


and Lamen Fhimah with having carried out a conspiracy, together 


with other co-conspirators unknown to the Grand Jury, which 


resulted in the destruction of Pan Am Flight 103 and the deaths of 


270 persons. The indictment alleges that the defendants committed 


their crimes as officers and operatives of the Jamahirya Security 


Organization (ttJSO1t), 
 the Libyan intelligence service, which is 


used by the government of Libya to conduct acts of terrorism 


against other nations. 


The indictment charges 193 violations of United States law. 


Those charges can be summarized as follows: 


Count One alleges a conspiracy to destroy United 


States civilian aircraft and to kill U.S. nationals. 


Title 18, U.S. Code, section 371. 


Count Two alleges that the defendants caused a 


destructive device to be placed on board Pan Am 


Flight 103, resulting in the deaths of 270 persons, each 


of whom is named in the count. Two hundred fifty-nine 


of those victims were passengers or crew members aboard 


Pan Am Flight 103 while the other 11 victims were 


residents of Lockerbie who were killed as the result of 


falling debris from the airplane. Title 18, U.S. Code, 


Sections 32 (a) (2), 34, and 2. 

I 

2 


Count Three alleges that the defendants destroyed 

Pan Am Flight 103 by means of a destructive device and 

thereby caused the deaths of 270 persons. Title 18, U.S. 

Code, Sections 32 (a) (1), 34, and 2. 

Count Four alleges that the defendants destroyed a 

vehicle used in foreign commerce, Pan Am light 103, and 

thereby caused the deaths of 270 pers.ons. Title 18, U. S. 

Code, Sections 844 (i) and 2. 

Counts Five through One Ninety-three allege that, 

outside the United States, the defendants with 

premeditation and malice aforethought killed 189 

nationals of the United States who were passengers and 

crew on Pan Am Flight 103. The killing of each of the 

American victims is alleged as a separate count in the 

indictment. Title 18, U.S. Code, sections 2331 and 2. 

I will review for you briefly the investigative process which 


led to this indictment and some of the key aspects of the 


indictment. At the conclusion of the briefing, I will entertain 


your questions. 


.&&.&A/ 61- -'/A *-

On December 21, 1988, at 7: 03 p.m., ~reenwich Mean Time, 'a 


bomb detonated on board Pan American World Airways light 103, 


destroying the airplane at an altitude of approximately 6 miles 


above the town of Lockerbie, Scotland. Passengers and crew, as 


well as hundreds of thousands of pieces of the airplane and its 

3 


contents, fell to the ground through a wind of over 140 m.p.h. 


Although the explosion occurred only a few miles from the west 


coast of Scotland, parts of the airplane and cargo were blown all 


the way across Scotland, some falling into the sea off the east 


coast. Pieces of Pan Am Flight 103 were found over 845 square 


miles of Scotland. 


For months after the crash, thousands of Scottish police 


officers, military personnel, and citizenvolunteers systematically 


searched the fields, forests, lakes, and towns which comprise this 


845 square mile area. The search was initially conducted in the 


short, cold days and cold of late December, January, and February. 


The magnitude of this task is unique in the annals of criminal 


investigation.


lu&&&& :xu(.&j3c~scp~d& 

Sco lsh officials gathered the debris from the bombed 


aircraft in a large hangar and painstakingly undertook to 


reconstruct both the airplane and its contents. Through this 


effort, forensic experts were able to establish that the bomb 


exploded in an aluminum baggage container marked AVE 4041 PA, which 


had'been placed in the foreward cargo hold of the airplane. 


'iJLYl.&,d ,JJa&,( (2 - A- 103fl 

Scotland Yard investigators determined that at London's 


from Pan Am Flight 103A, which had arrived earlier on December 21 


from Frankfurt. German authorities cooperating in the 


investigation discovered computerized baggage records from the 


Frankfurt airport suggesting that one piece of unaccompanied 

4 


luggage had been transferred to Pan Am Flight 103A from Air Malta 

Flight KM 180. That flight had arrived in Frankfurt from Malta 


earlier on December 21. 


Meanwhile, United Kingdom investigators and forensic experts 


examined every piece of baggage and clothing recovered from among 


the debris from the bombed airplane. From this, they were able to 


identify specific items that contained blast damage, thereby 


establishing which items immediately surrounded the bomb. Further, 


they were able to determine that the bomb was composed of 10 to 14 


ounces of a plastic explosive consistent with Semtex. 


These forensic examinations disclosed that a small fragment 


of a radio circuit board had been driven by the force of the blast 


into cargo container AVE 4041. The fragment, which contained blast 


damage, was no larger than a small fingernail. Nevertheless, 


forensic experts were able to identify it positively as having been 


part of a circuit board of a Toshiba radio cassette player. 


Similarly, through forensic examination, British experts were 


able to identify a brown colored, hard-sided Samsonite suitcase as 


having contained the Toshiba radio cassette player. They also 


identified, based on blast damage, pieces of clothing which had 


been contaai-nea--iXthees%i-aKTiTh-t&p~5shiba radio- cassette 


player. From this, forensic experts were able to establish that 


the bomb was housed in a Toshiba radio cassette player which was 


packed together with articles of clothing inside the brown 


Samsonite suitcase. 

-- -- -- --- -- 

5 

One of those items of clothing in the brown suitcase, a 

Slalom brand shirt, contained fragments from the radio casing, 

fragments of paper from the radio instruction manual, and a green 

circuit board fragment, referred to by the investigators as PT35. 

~xamination of the green circuit board fragment by the FBI 

laboratory, in conjunction with Scottish authorities, established 

that its characteristics were identical with the pattern of 

circuitry of a digital timer which had been observed in 1986. That 

timer had been manufactured by Meister et ~ollier, Ltd., 

~elecommunications, also known as MEBO AG, a company located in 

zurich, Switzerland, Following this lead, it was established that 

PT35, the chip' found in the Slalom shirt, was part of a timer 

manufactured by MEBO AG and sold to a high official of the Libyan 


JSO in 1985. 


Investigation relating to the items of clothing, identified 


as having been packed in the suitcase containing the bomb, 


established that they were manufactured exclusively in Malta. It 


was further determined that in early December 1988, a retail store 


in Malta made a sale of some items of clothing which matched those 


contained in the brown Samsonite suitcase. 


- -As --a-l-l-e-g-e-d-- has - l"nn The- ind-i-ctmFnt;f h-e-lnvest lgatlon 

established that one of the covers used by the JSO to place its 

officers in various countries is to have them serve as employees 

of Libyan Arab Airlines (LAA). Using this procedure, the JSO was 

involved in the LAA operation in Malta. As a result, they were in 
6 


a position to circumvent Maltese customs and airline security 


procedures at Luqa Airport and to improperly utilize ~ir Malta 


baggage tags necessary to cause the interline transfer of luggage. 


From these investigative findings, it became apparent that 


the suitcase containing the bomb had been packed with clothing from 


Malta and introduced into the interline baggage system in Malta. 


The suitcase had been placed on the December 21, 1988, Air Malta 


Flight KM-180 at Luqa Airport, Malta. Through the interline 


baggage transfer system, the bomb suitcase had been transferred to 


Pan Am Flight 103A in Frankfurt, Germany, and thereafter 


transferred to Pan Am Flight 103 at Heathrow ~irport in London. 


As the investigation continued, evidence was developed relating to 


the two named defendants establishing their specific roles in the 


bombing. 


Defendant Abdel Basset was a JSO officer who, during the mid- 


1980's had cover employment as an officer for a Libyan-front 


company which sublet space in Zurich, switzerland, from ~eister et 


~ollier,the company from which the JSO purchased the timer used 


in the bombing of Pan Am Flight 103. At that time, he served as 


chief of the Airline Security section which was part of the 


-0perat ions --Admkn-i-strxt-io-n--0-f- Phe- JSO3,- ---~Ke~d-iTectEr~<f the 

operations Administration, said Rashid, is the person who 

contracted with MEBO in 1985 to develop timers for the JSO. 

Defendant Lamen Fhimah is a citizen of Libya who was utilized 

by the JSO in various cover positions, including as station Manager 
-- 

7 


for Libyan Arab Airlines at Luqa Airport, Malta. In September 


1988, Lamen Fhimah left his position with Libyan Arab ~irlines. 


However, having served as station Manager, Lamen l him ah was 


familiar with Maltese customs and airport security procedures and 


had continuing access to Air Malta luggage tags and the ~ir 
 Malta 

facilities used to board passengers and baggage for LAA flights 

from Luqa Airport. 

While serving as ~ibyan Arab ~irlines station manager, Lamen 

Fhimah stored a quantity of Semtex plastic explosive in the LAA 

off ices at Luqa Airport. In September 1988, Lamen l him ah went into 

business with Abdel Basset in Malta. ~uring the period which 

followed in the fall of 1988, Abdel Basset flew in and out of the 

airport at Malta on several occasions using false identifications. 

On December 7, 1988, Abdel Basset purchased items of clothing, 


selected at random, from Mary's House. At that time he was staying 


in a hotel located approximately 300 yards from Mary's House, 


registered as a "flight dispatcherNN for Libyan Arab Airlines. The 


items of clothing which he purchased match the bomb-damaged 


clothing identified as having been contained in the brown Samsonite 


suitcase which housed the bomb. 


-	 On--December 9;--198 8 ;--Abde3- Ba-sxt-. -traveIed froT-Ma 1 t a to 

Zurich, Switzerland. On December 15, 1988, Lamen l him ah noted in 

his diary C 
 'Abdel Basset is coming from Zurich to Salvu . . ." and

"take taws [sic] from Air Malta. he word taggs was underlined. 


The NNNotesu section of his diary contained the entry 4bring the 

I 

8 

tags from the Airport (Abdel Basset - Abdul Salam) .? Lamen Fhimah 

also wrote the lettersetO~">adjacent to the November 15 notation 

concerning the acquisition of Air Malta baggage tags. On December 

17, 1988, Abdel Basset did in fact travel from Zurich, Switzerland, 

to Luqa Airport, Malta. From there, he traveled to Tripoli, Libya. 

On December 18, 1988, Lamen Fhimah traveled from Malta to 

Libya to meet with Abdel . Basset. Two days later, Abdel Basset, 

using a false identity, traveled from Libya to Luqa Airport, Malta, 

on the same flight as Lamen Fhimah. On that occasion, the two 

defendants brought a large, brown hard-sided Samsonite suitcase 

into Malta. 

On December 20, 1988, Abdel Basset registered in a hotel in 


Malta using a false name. That same day, he had a meeting with 


Lamen Fhimah in Malta. 


On December 21, 1988, at 7:11 a.m. local time, Abdel Basset 


placed a telephone call to Lamen Fhimah. Later that morning, Abdel 


Basset took Libyan Arab Airlines Flight LN 147, which boarded from 


8:50 to 9:50 a.m. local time, at Luqa Airport, back to ~ripoli, 

~ibya. The same check-in position used for LAA Flight LN 147 was 

also accepting baggage for Air Malta Flight KM-180, which boarded 

from 8:15 t0 9:15a,m.. Tbpsu;itc a.s e-~~n-t&~-~~-~g-~e-bom-b-d-epa-&e+---

Malta for Frankfurt, and eventual transfer to Pan Am ~light 103, 

on Air Malta Flight KM-180 that morning. 

I will take questions concerning the investigation and the 


content of the indictment. 

-- -- - - -- - --- -- - -- --- 

U.S. Department of Justice 

WORANDW . . 

TO: 	 Robert S. Mueller, I11 


Assistant Attorney General 


Criminal Division 


FROM: . James S. Reynolds, Chief 


errori ism and Violent Crime Section 


Criminal Division 


SUBJECT: 	Talking Points For Possible pJ presentation 


This responds to your request that we furnish you talking 


points in the event that you are invited to speak at a meeting of 


UN representatives. 


a. actors Militating Aaainst Trial in Libva 


-- The Libyans cannot be expected to conduct an impartial trial in view of the following factors: 


* Libya has an established record of sponsor4ng and . - '. , supporting international terrorism; . "I a 

* As stated in the indictment, the defendants were 

acting as nofficers and operativesn of the Libyan 

government when they bombed Pan Am Flight 103; 

* One of the defendants is a high official of the LiQyan 

government; 

+ Other high Libyan officials were involved in --.-.--- . --acquisition of the ti-used in the Pan Am 103 bomb; 

* The leader of Libya has already publicly rejected as 

meritless the criminal charges filed in the United States 

and Scotland. 

-- Evidence and information necessary to conduct a SUCC~SS~U~ 

prosecution is now in the hands of the United States and Scotland. 

considerations of security and the protection of possible witnesses 

preclude the United States and Scotland from furnishing such 

i.nformation to Libya. 

RSM:JFD:pt . . r 


T:01/15/92 
 id7,, '<, A 
b. Factors ~ilitatins ~qainst Trial bv Authorities Outside the 


United States or Scotland. 


-- There is no basis in international law for trial of this 


case by an international tribunal. 


-- The principal victims of this act of terrorism were the 


United States and Scotland and nationals of those countries. It 


is almost certain that any third country in which the case might 


be prosecuted would not possess the same prosecutive interest as 


these countries; 


-- The bulk of the witnesses necessary for the trial of this 


case reside in the United States or Scotland. 


-- The case was investigated and developed under the criminal 


justice systems of the United States and Scotland. As a result, 


the evidence has been obtained in a manner that meets the legal 


requirements of these countries. While the criminal justice 


systems of the United States and Scotland are generally regarded 


as paradigms of fairness, the procedural rules applicable to the 


gathering and handling of evidence differ substantially from 


procedures in many other countries. 


-- Many countries lack jurisdiction to try this offense. For 

a country to have criminal jurisdiction, one of five 

internationally recognized principles of jurisdiction must exist: 

@the crime must have ccurred within their territory (including a

country's aircraft) i2the 8
 crime must constitute an attack on the 

country'8 vital interestspa victim must be a national of the . , . , country; the defendant must be a national of the country; '=@the 


defendant must be "found inw the country. For those countries 


that may have a basis to apply one of these principles, their 


jurisdictional predicate for proceeding with the prosecution is 


clearly subordinate to those of the United States and Scotland. 


. -- The security considerations, which preclude the United 


States or Scotland from providing essential evidence or witnesses 


to Libya, would be somewhat attenuated if the trial were to occur 


in a third country. Such security concerns, however, are most 


effeecCtisr~l_y-addr-es
 sd-by-a-~~ia-l.-i-n-t-he-Un-Irted-~St-at-e-s~r-SSc~tTan~~ 
U. S. Department of Justice 

Criminal Division 

w e of the Ashnt Attomq, Gmal Wdzingtoton,D.C. 20530 

Lord Fraser of Carmyllie 


Minister' of State 


Scottish Off ice 


St. Andrews House 


Regent Road 


Edinburgh, Scotland 


Dear Lord Fraser: 


It was with mixed feelings that I learned recently of your 


appointment to the position of Minister of State for Scotland. 


You, of course, have my congratulations and best wishes as you move 


into your important new position. However, you will be missed by 


those of us who continue to be involved with the Pan Am Flight 103 


investigation. 


The investigation into the terrorist bombing of that flight 


over Lockerbie, Scotland, has been unprecedented in its magnitude 


and world-wide scope. The resulting challenges to investigators 


and prosecutors have been enormous. Your steadfast leadership has 


had a major impact on the close and productive relationship that 


has developed between the Lord Advocate's Office and the United 


States Department of Justice. 


The success of the Pan Am Flight 103 investigation serves as 

an outstanding example of what can be achieved when law enforcement 

officials of different nations work cooperatively. If all 

civilized nations join together to apply the rule of law to 

international terrorists, certainly we will be successful in 

ridding the world of the scourge of terrorism. Your efforts in 

this regard stand as-a model for others to-follow. 

Again, congratulations and best wishes in your new position. 


Sincerely, 


RSM:~:JSR:~~if920006593 

Typed: 5/5/92 

Record Robert S. Mueller, I11 

TVCS Assistant Attorney General 

Mueller 

Richard 

Reynolds 
Date of Birth: April 1, 1952 1 

I Aliases: Abd Al Basset Al Megrahi 

POB: Tripoli, Libya 

Abdelbaset Ali Mohmed 

Abdelbaset Ali Mohmed 

Mr. Baset 

Height: Approximately 5' 8" 1 

A1 Megrahi 

Weight: Approximately 190 Ibsl 

Ahmed Khalifa Abdusamad 

Description: .I 

I Hair: Black Curly, Clean Shaven I 

Eyes: Dark Brown or Black 1 

Complexion: Light Brown Marital Status: Married 1 

I 

Nationality: Libyan 

Occupation: Formerly Chief of 1 

Airline Security Seclion 
LAMEN KHALIFA 

Aliases: Al Amin Khalifi 

Mr. Lamin 

Description: 

Date of Birth: 1956 

POB: Suk Giuma, Lib) 

Height: Approximatel) 

Weight: Approximatell Hair: Black, Light Bra\ 

Complexion: Light Bro 

Marital Status: Marrie 

Nationality: Libyan 

Occupation: Station M 

Libyan Arr 

Fhimah 

3 

5' 7" 

190 lbs. 

In Mustache vn f Inager, 3 Airlines 

EVIDENCE AGAINST LAMIN KHALIEA FHIMAH 


o 	 Fhimah has had a long and close relationship with Abdel Basset 


,I including: 


-	 Worked with Abdel .Basset at Libyan Arab Airlines (LAA) 

in mid-1970's. - I - r-	 " 

i

I

\ 

-	 i 

L 

-	 In 1988, Fhimah founded Med Tours, Inc., in Malta, with 

Basset as his partner. 

o 	 Fhimah stored large amounts of plastic explosive at his LAA 

,,--	 - -. off ice at Luqa Airport. 


o 	 On December 20, 1988, Fhimah and Basset arrived from Libya on 

KM Flight 231 at 5:30 p.m. 

1

P 

)Fhimah carried a 


< 	 / 

brown hardcase suitcase out the airport without going 


through customs. The suitcase was of the same description as 


the IED suitcase containing the bomb. 

o Telephone records reflect that on December 21, at 7:11 a.m., 

a phone call was made from Basset's Holiday Inn room to . P 

/I Fhimahrs flat. -. 

o 

9 

Fhimahls diary, [ 1 

-

, i. .,*

--. ..-'has an entry dated 14 December 1988 which reads "Abdel * 

Basset is coming from Zurich with Salvu . . . take taggs [sic] 

from the Maltese Airline." The word lltaggs" was written in 

English and underlined twice. Additionally, an entry on the 

last page of hima ah's diary, which is not dated, states, 

"bring the tags from the airport (Abd Bassett, Abd A1 Salam) ." 

Next to the entry was the notation "ok." 
- - 

0 

EVIDENCE AGAINST ABDEL BASSET ALI-MEGRAHI 


Abdel Basset is first cousin to Said Kashid, Izzel Din Al- 

.I - Henshari, and Abdallah Sanussi. Sanussi is Khadafirs brotherin-law. 

o 	 Basset is the present Director of the Center for Strategic 


Studies; has had JSO commands, including the Airline Security 


Section. 


0 	 Basset and Badri Hasan established ABH Company, which had 


offices co-located with MEBO in Zurich where the timer was 


manufactured. 


o 	 Our best analysis puts this clothes purchase on December 7, 


1988. IRO records show Bassett arrived in Malta on 


December 7, 1988, at 8:20 a.m. He stayed in the Holiday Inn, 


L -

o 	 Bassett used three Libyan passports in different names in the 


three months before December 21, 1988. 


o 	 Traveling under the name Abdusamad, Bassett arrived in Malta 


on December 20, from Libya, traveling with Fhimah. 


0 
P -

- On that occasion, Fhimah carried a 

brown suitcase, of similar design and appearance to the-bomb 

i suitcase, around Malta customs and out of the airport .(,.-
o Telephone records reveal a December 21, 1988, 7:11 a.m., phone 


call from Bassetfs hotel room to Fhimahfs flat. 

PREREQUISITES FOR A U.S. TRIAL 


) diary, etc. 

o 	 About 30 additional business, government, and airport 


witnesses from Malta for IRO records, December 21 phone call, 


hotel records, loading KM 180, Fhimahfs car, etc. 


o 	 ~esting of ~ollier, ~eister, Lumpert relating to the timer. 


o 	 ; witness from C *.'-I 

ii1 and one-half 

dozen policemen. 

o 	 Germany -- 30 witnesses, baggage computer records, passengers, 

and luggage. 


o1 Approximately 500 Scots and Englishmen. 


?:ial:~iAGGS from the Na!tec-e Air1 ine (the word IA';tjS under1 ined twice) 

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$?)act en3 I neer-, 

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.. 
U. S. Department of Justice 

MEMORANDUM 


TO: 	 Robert S. Mueller, I11 


Assistant Attorney General 


Criminal Division 


FROM: James S. Reynolds, Chief 


errori ism & Violent crime section 


Criminal Division 


SUBJECT: 	Pan Am 103 Meeting with Lord Rodger and the 


Scottish Delegation on October 7, 1992 


You are scheduled to chair a meeting on Wednesday, October 7, 

1992, between U.S. and ~cottish law enforcement officials 

concerning the Pan Am Flight 103 case. The material which follows 

is provided to assist you in preparing for the meeting. We have 

also scheduled a meeting with you at 3:30 p.m. today, at which Dick 

Marquise, Dan ~eikaly, Brian Murtagh, and involved attorneys from 

this Section will be available to respond to any questions which 

you might have. 

Meetins Schedule 


The meeting with the Scots is scheduled for 10:OO a.m. to noon 


this Wednesday. It is to be held in the Criminal Division 


Conference Room. Following the meeting, there is a luncheon at The 


Peasant, Ninth and Pennsylvania Avenue, N.W. We have obtained 


funds to defray part of the cost of the luncheon. While those 


funds should cover the cost of the Scottish delegation, the 


remainder of the cost will have to be divided among the members of 


the various U.S. delegations. We have notified each participating 


agency of this fact. 


&\ 

The following is a list, by agency, 


participants in the meeting: 
 twassifiadby: 
I 

-2-


Scotland: 


Lord Rodger of Earlsferry 


The Lord Advocate of Scotland 


Norman McFadyen 


Assistant Solicitor, Crown Off ice ' :.,


James McDougal 


Procurator Fiscal South Strathclyde 


James Gilchrist 


senior Investigating Officer, ~ockerbie ~ombing 


Federal Bureau of Investisation lHeaadauarters) 


Federal Bureau of Investisation (Washington Field Office) 


U.S." Attorney's Office 


Jay B. Stephens 


Dan Seikaly 


Brian Murtagh 


Criminal Division 


Robert S. Mueller, I11 


Mark Richard 


Jim Reynolds 


Dana Biehl 


Correswondence Leadins,to This Meetinq 


This meeting is the outgrowth of exchanges of correspondence 


between you and the Lord Advocate. In a letter to the Attorney 


General dated April 7, 1992, Lord Fraser, then the Lord ~dvocate, 


raised issues concerning (1) the priority of the claims of the U.K. 


and the U.S. to try the defendants should they become available 


through a third country or an international body, and (2) the 


prospect of assuring Libya, as a possible condition of surrender of 

-3-

the defendants, that the recipient nation, whethe 


, U.K., would not extradite the-defendants to the other nation. The 
 " , 

-wor,d Advocate -,-.-.also stated his objections to a possible reinterview 

1Attachment 	

.. On May 1, 1992, you responded to that letter in correspondence 

addressed to Lord Rodger, who is Lord Fraser's successor. As 

relates to the inquiry concerning the priority of U.K. and U.S. 

claims to proceed with the trial, your response deflected the issue 

by suggesting that we first needed to pursue additional 

investigation in Malta. On the issue of re-extradition, your 

letter suggested that public statements simply refer to the terms 

oP the U.S.-U.K. bilateral extradition treaty, which would appear 

to preclude re-extradition following a trial for the same offense. 

The letter noted, however, that U.S. domestic law would not 

preclude a prosecution here following a U.K. prosecution. 

Attachment 2. 

Lord Rodger's reply was communicated to you in correspondence 


dated May 27, 1992. It indicated that the Lord Advocate does not 


see the need to associate the issue of priority of prosecutive 


claims with the issue of further investigation in Malta. The 


balance of the Lord Advocate's reply discussed possible additional 


investigation in Malta. He stated that he does not oppose careful, 


\ ~ii:'closely ?\ coordinated further investigation in Malta "at the 

appropriate time." He is concerned about further inquiries of 


?which "could be seized upon by those in Malta, Libya and 


"elsewfiere . . . who are hostile to the conclusions of the 

investigation." The Lord Advocate concluded by stating that he 

would welcome the opportunity to discuss with you "how any 

necessary further enquiries might best be pursued in Ma1taon 

Attachment 3. 

You responded to the Lord Advocate in a letter dated July 24, 


1992, which invited Lord Rodger and his associates to a meeting in 


Washington, D.C. Attachment 4. Based on conflicts in schedules, 


October 7, 1992, was the first opportunity to meet. 


Potential Topics for Discussion 


The following is a list of topics which you may want to raise 


with the Scots during the meeting. 


1. 	 The possibility of further investigation in Malta: 


Attached is a list of witnesses in Malta who should be 


considered for interview. Attachment 5. As promised in 


your July 24, 1992, letter to Lord Rodger, this list has, 


in substance, been shared with Lord Rodger's staff. 


2. 	 Case preparation, including U. S. ac5e-ss, to physical 

evidence and witnesses, such as: (1){-- 7 
I 

I 

+ 	 / -=% -4- f,17jLJ y

<--

-	 q(2) handwriting and fingerprint experts 

%-and reports; -(3) photos of all documents examined and 

access to review documents in British custody, for 

example, the IRO cards; and (4) access to critical police 

witnesses. 

3. 	 Issues which will arise if the defendants are apprehended 


or turned over by Libya. 


A. 	 Commitment to jointly debrief defendants if one 


country or the other obtains them and reaches a 


point where debriefings occur. 


B, 	 Commitment that neither party will reach an 


agreement with Libya to limit the investigation to 


the two charged defendants, 


4, 	 Venue for trial; i.e., priority of U.S. and U.K, claims, 


5. 	 Material witness warrants: The Federal Bureau of 


Investigation continues to press us to obtain, and 


publicize, material witness warrants for Libyan officials 


Masoud, Badri Hassan, Izzel Din Hinshari, Said Rashid, 


Nayil, and Sabir, 


Attachment 

U.S. Department of Justice n 

,MAY - 1 1992 

Honorable Alan Rodger 


The Lord Adv0cat.e 


The Lord Advocate s chambers' 

517 Regent ~oad' \ Edinburgh EH7 5BL 


Scotland . 

Dear Mr. Rodger: 


I want to reiterate the congratulations I expressed in our 


telephone conversation concerning your appointment to the position 


of Lord Advocate. 


Since the terrorist bombing of Pan Am Flight 103 over 

Lockerbie, Scotland, in December 1988, a close and productive 

relationship has developed between the Lord Advocate's Office and 

this Department. Your predecessor, Lord Fraser, was always most 

professional and we enjoyed working with him. We look forward to 

continuing that relationship as we work with you. 

Lord Fraser recently sent a letter to Attorney General Barr 


concerning our pending cases against the two defendants charged 


with the destruction of Pan Am Flight 103. For your convenience, 


I am attaching a copy of that communication, as it was transmitted 


to us by the British Embassy in Washington, D.C. Mr. Barr has 


asked that I respond to that letter. 


I share Lord Fraser's concern over the fluidity of the current 


situation. It remains unclear whether the Libyan policy makers 


will ultimately comply with the Security Council's demands. 


Further, in the event Libya does decide to surrender the 


defendants, it may, or other parties may, play a major role in 


determining the locus of that surrender. Under these circumstances 


it is difficult, if not impossible, to formulate responses to all 


of the foreseeable contingencies. However, to the extent that 


circumstances are within our power to contr91, I support the notion 


that uncertainties be eliminated. 


Lord Fraser's first question was as follows: "If the Libyans 

are prepared to deliver the accused to one or other of us on 

condition that we do not extradite on, can we guarantee that 

condition?" fl 
I 

We concur that the United States-United Kingdom treaty appears 


to preclude extradition of a defendant who has already been 


prosecuted for the offense at issue. However, our domestic law, 


unlike yours, does not preclude prosecution in the United States 


following a prosecution elsewhere. We intend, of course, to comply 


fully with our treaty obligations, and we have no difficulty with 


your informing others that you will do so. We are disinclined, 


however, to make any representations that might be construed as 


limiting our right or our resolve to try these defendants at any 


time that we are able to secure their custody. To avoid any 


misunderstanding in this regard, I propose, at least for the 


present, that both countries merely refer to the terms of the 


bilateral extradition treaty and make whatever representations are 


appropriate under applicable domestic law. 


The second question posed by Lord Fraser was as follows: ##If 


the Libyans simply deliver them to a third country or deliver them 


to the Office of an International Body and we are able to pursue a 


request for extradition or informal delivery, whose claim should 


have priority?" 


Let me assure you that the goal of the United States is to 

have these defendants and their co-conspirators brought to justic'e, 

whether in Scotland or the United States. I recognize that 

Scotland has significant equities which support trial of the case 

in your country. However, the primary target of this act of 

terrorism was the United States. The majority of the victims were 

Americans and the Pan American aircraft was targeted precisely .-

because it was of United States registry. Thus, we have a strong 

desire to try the case to a successful conclusion in the United 

States. Before we are in a position to determine which country 

should have priority for a trial, we believe that some additional 

inquiry needs to be pursued. 

This brings us to the third issue raised in Lord Fraserls 

letter. As he noted, Scotland spared no expense or effort in 

preparing the case for trial. Those portions of the Scottish 

police reports which have been shared with us in draft form reveal 

the remarkable, painstaking efforts of your officers and 

investigators to develop each link in the evidentiary chain to meet 

the requirements of Scottish law. In contrast, our investigators 

and prosecutors have not had so full an opportunity to ensure that 

the available evidence meets all of the admissibility requirements 

of United States law. Our greatest concern in this regard relates 

to the evidence from Malta. We have consistently deferred to the 

insistence of the Scottish police that we not pursue inquiries in 

that country. In the spirit of cooperation, we have expressed no 

objection to repeated interviews of Maltese witnesses by Scottish 

officers, notwithstanding the fact that the procedure utilized may 

create trial problems in our courts. 
Dcxlassificdby: 

- USDOJRVSD U 

Dak QLS-, l? h? 

Since the indictment, however, events have occurred which make 


-	 I it imperative that the United States pursue *s,ome ingyiiries in 

Malta. The first of these occurrences was the[ Jnterview 

of Abdel Basset and the surrounding publicity in the ~altese media. 

The second factor is the Maltese governmentt s obvious reluctance to 

admit.to the use of its territory as a staging area by the Libyans. 

We need to know whether these, or any other factors, have caused 

witnesses in Malta to waver in their resolve to tell what they know 

or whether they will continue to be cooperative. We also need to 

determine whether the evidence they have to provide is in a form 

which comports with U.S. evidentiary requirements. 

As we have previously indicated to your colleagues, we are 


prepared to coriduct this limited investigation in Malta jointly 


with Scottish investigators. If your preference is not to have 


scottish authorities participate, you can be assured that our 


inquiries will be conducted as quickly and discreetly as possible. 


In view of the importance of these matters, I am prepared to travel 


to Malta to discuss our requirements with Maltese authorities and 


to provide appropriate briefings and assurances in an effort to 


obtain the cooperation of the Maltese. After we have completed 


this task, we will be in a position to respond more definitively to 


Lord Fraserls question concerning which countryls claim should have 


priority. If you wish to discuss this matter before we initiate 


discussions with Maltese authorities concerning our proposed 


inquiries, I am prepared to meet with you at your earliest 


convenience. 
 Again, congratulations on your appointment as Lord Advocate. 


I look forward to a productive working relationship. 


A1~/4F7Robert S. Mue ler, I11 


Assistant Attorney General 

. -

@3 
 U.S. Department ofJustice

.. . 

2 ,..: Criminal Division -*-

L ~Wfldby:QJNJ 

'~yfiixof d eAssistant ~rtorni~ L$ k 4 General Woshiwon,D.C. 20530

a241992 

Lord Rodger of Earlsferry 


The Lord Advocate 


The Lord Advocate's Chambers 


517 Regent Road 


Edinburgh EH7 5BL 


Scotland 


Dear Lord Rodger: 


This responds to-a May 27, e on your behalf from 


Scottish Crown Agent' 
6, 
 .'7 

I am pleased to learn that you are not opposed to further 


investigation in Malta. I certainly share your concern that such 


investigation must be carefully planned and carried out in a manner 


that avoids any misconstructian which could be used to undermine 


the ongoing international effort to require Libya to comply fully 


vith United Nations Resolution 731. 


From your message, it is apparent that we have somewhat 


different perspectives concerning the appropriate scope of the 


further investigation in Malta. This doubtless results from 


differences in the way in which our respective legal systems treat 


photographic identifications and prior statements by witnesses. My


hope is that by meeting together we will be able to develop an 


investigative approach that satisfies the prosecutorial 


requirements of both our nations. 


I would be pleased to host a meeting with you and members of 


your staff at your convenience. To facilitate the scheduling of 


such a meeting, I will have one of my assigned prosecutors contact 


your office next week.. In the interim, we will, of course, not 


proceed with further investigative action relating to Malta without 


first coordinating with you. mrther, consistent with your 


suggestion, prior to our meeting I will arrange for your office to 


be provided a list of investigative steps we would propose to 


undertake in Malta. 


Since ly,
 A& PZK*~