Conflicting accounts as to when the photograph was sent to Washington DC – and significance According to Det Supt Henderson (statement 4710J) and Richard Marquise, head of the FBI’s Lockerbie investigation (Crown precognition, 10 December 1999) the photograph was sent to Washington in June 1990. However Thurman claimed to have received it from an FBI liaison officer several months before June (Crown precognition, 11 January 2000). The CIA analyst “John Orkin” recalled Thurman first showing him the photograph in March 1990 but could not recall if the date might be established by documentation and conceded his memory might have been based on weather conditions at the time (Crown precognition, 11 January 2000). As will be seen, the date is of considerable significance because if the photograph was indeed sent to Washington in June that would have afforded Thurman very little time to identify the fragment by the methodical detective work he claimed to have followed, rather than by being given a lead.
Thurman consults the CIA and is told to “look at Mebo” Thurman claimed that he received the photograph of PT/35b only after giving Henderson an undertaking that he would not show it to any other agency outside the FBI (Crown precognition, 11 January 2000). However, he claimed, he ultimately persuaded Henderson to let him share the photograph with other agencies. In any event, whatever the timescale – whether it was in June or months before June (say March) – it may have been the granting of that consent which occasioned his conferring with CIA analyst “John Orkin” (attributing a punctiliousness to Thurman which is hardly matched by other examples of his behaviour: see below). On 15 June (1990), Orkin showed him the MST-13 obtained from Togo by the BATF and advised him to “look at Mebo” (Orkin precognition statement 10 January 2000).
The match: “as alike as two thumbprints” Thurman claimed that on that date (15 June 1990) he compared the enlarged photograph of PT/35b with the Togo timer and was able to identify it as a fragment from the motherboard of an MST-13. According to Ashton and Ferguson (at p.234) he asserted that PT/35b and the “circuit boards from the MST-13 seized from the Libyans in Africa were as alike as two thumbprints” but the authors do not identify the occasion on which he made this comparison (and the present author has not researched it further). The only example of an MST-13 the FBI professedly had available for comparison from Africa was the Togo timer, which was contained in an open sided die cast framework and therefore did not have a mother board with the corner cut-outs characteristic of those in the grey plastic casing. However, it did have a curved mark in a position that corresponded exactly with that of the fragment. The mark had presumably been made by Lumpert with the intention of hack sawing the cut-out so that the board could be fitted into a boxed timer, although in the event this had proved unnecessary, as it was used in a non-boxed example. For that reason, PT/35b and the corresponding part of the Togo timer mother board, though similar, were most definitely not identical. If the intact chip Thurman was referring to in making the comparison was strictly identical to PT/35b it must have been one from a boxed timer, that is one of the examples in a grey plastic casing. The match could not have been made by reference to any photograph of the mother board of the Senegal MST-13 because, as already mentioned, the CIA agents Steiner and Clemens had not been permitted by the Senegalese to dismantle it. If the board with which the comparison was made was exactly identical to PT/35b then it must have been from a boxed MST-13 already in American hands (see Ashton, p.320). Might the CIA have obtained it from Mebo before Lockerbie? In any event, Thurman’s judgment was subsequently affirmed by Feraday (see later.) That it was Thurman who made the original match is contradicted by Orkin’s recollection, to which we shall return.
The British team fly to Washington with PT/35b Within days of the supposed breakthrough Det Supt Henderson, DI Williamson and Allen Feraday flew to Washington and 22 June 1990 saw for themselves that the match was true. It appears they were shown the Togo timer for comparison so presumably they took account of the fact that Togo timer’s motherboard had a curved mark in a position that corresponded exactly with the cut-out on PT/35b. For the purposes of the comparison they had brought it with them to Washington but, curiously, when interviewed in 2009 for the Dutch TV documentary Tegenlicht: Lockerbie Revisited (aired 27 April, 2009) both Richard Marquise and the former Lord Advocate, Lord Fraser of Carmyllie, insisted that the fragment had never been taken to the United States. Henderson made the same assertion to camera but then corrected himself to say that the fragment had never been “in the control” of the American investigators. Why exactly these three officials should have been reluctant to admit that the fragment was taken to Washington is unclear. What might they have supposed they would be “giving away”?
Thurman’s silence about Mebo on 22 June 1990 When on 22 June 1990 Thurman showed the Scottish officers and Feraday the Togo timer he said nothing about Mebo. Yet he claimed later (at precognition) that he had obtained Henderson’s consent to share the photograph with other agencies, so it may be asked why he felt it necessary to conceal from the British delegation that he had done exactly that.
Suggestion of CIA obstruction of the Scottish police as regards Mebo Henderson subsequently stated that the Scottish police were not told about Mebo until September 1990 (statement S4710J). At precognition (29 February 2000) he stated that he had first heard of Mebo from the FBI, who had “probably” learned of the company from the CIA. He also recalled being tipped off about Mebo by the British “security service” (ie MI5 or MI6; similarly recalled by Det Chief Supt James Gilchrist: Crown precognition, 14 December 1999). When they did discover the Mebo connection the Scottish team tried to visit the Mebo offices early in the month but it was not until mid-November 1990 that, delayed perhaps by secret American obstructiveness (see Zeist transcript, 8 June, 2000, pp.3004-3005; Ashton and Ferguson, Cover Up, p.275; Ashton, Megrahi, pp.75-76) DCI Williamson and other officers were able to do so, and brought back two MST-13 timers and numerous circuit boards (Zeist transcript, 8 June 2000, pp.2945-2988; Ashton and Ferguson, p.274).
(e) Perjury before the Grand Jury
As lead FBI Lockerbie investigator James Thurman played a pivotal role in presenting to the public the supposed story of how PT/35b was matched to the MST-13 timer. His public behaviour in doing so and the manifest factual misrepresentations which he deployed in distorting that account probably tells us as much as anything about the question whether the CIA’s desire to implicate Libya and its knowledge of Mebo’s supply of the timer exclusively to the Libyan military led ultimately to the “discovery” of the fragment. In other words, does Thurman’s behaviour support the possibility that someone introduced PT/35b into the body of evidence with the intention that it be conveniently found?
Grand jury perjury Indictments against al-Megrahi and Fhima were issued simultaneously by the U.S. State Department and the Scottish Crown Office on 14 November, 1991. Giving evidence before the Grand Jury which led to the handing down of the American indictments Thurman testified that the timer had been made available to him by BATF, the US Bureau of Alochol, Tobacco and Firearms (Grand Jury Testimony, 9 October, 1991, police reference no. CS93, Crown Production 1743). This was of course manifestly untrue and Thurman made no mention either of the CIA or of “John Orkin.”
Thurman’s admission that he was ordered to conceal the role of the CIA Nine years later he came clean with the reason why he never mentioned the CIA to the Grand Jury (as he had not mentioned Mebo to the Scottish police and Feraday on 22 June, 1990). In his precognition statement of 11 January 2000 he conceded that in pursuance of his inquiries he had been told to conceal the role of the CIA. He maintained that this was the first occasion on which he had “fronted for the agency.” If it were true that he was told to conceal the CIA, the question is what good reason would the agency have had for concealing this. Any suggestion that it might have been justified or required by considerations of national security will hardly wash. What after all did the CIA have to hide?
(f) The critical lies which time forgot
At a press conference that day the audience was shown a blown-up photograph of a piece of circuit board. Next day, the early evening ABC TV news programme anchored by Peter Jennings featured Thurman in its four and a half minute “Person of the Week” slot (aired originally from 5:53 to 5:57 pm; clip available on DVD loan from http://tvnews.vanderbilt.edu/program. pl?ID=132218; see also A&F, 168 and 202).
The feature related how among the hundreds of thousands of scattered pieces of wreckage Scottish investigators “found something they didn’t know what to make of” and so the task of trying to identify it was passed on to Thurman in Washington DC. Over an enlarged still of the fragment which became Zeist exhibit PT35b Jennings intoned: “It was a piece of plastic found in a bit of shirt. It was no bigger than a finger nail. In terms of the investigation it was enormous.” The camera cut to Thurman exulting “When that identification was made of the timer I knew we had it.” The next shot was of a still displayed at the State Department press conference the previous day. It was the photograph of another piece of printed circuitry bearing the partially erased but otherwise unmistakeable legend “MEBO” and Jennings continued:
“This tiny piece of an electronic timing device with the Swiss manufacturer’s name MEBO partially rubbed off was what ultimately led investigators to the Libyans who bought it, the ones now accused of being responsible for blowing up Pan Am 103.”
Finally, the camera cut back to Thurman conveying his feelings on the making of the identification: “Absolute, positively euphoria [sic]. Just euphoria. I can’t describe it any more than that. I was on cloud nine.”
Although editorial responsibility for the feature and its content were clearly not Thurman’s he must necessarily have been involved very closely in its compilation. The feature was about him, the producers would have been largely dependent on his input and it is difficult to believe he would not have been significantly instrumental in procuring the way the material in particular on the Lockerbie investigation was presented as he wished it to be portrayed. The feature was, after all, occasioned by the indictments. He would have appreciated only too clearly the impact of the narrative in the context of running together the picture of the fragment from the wreckage and that of the item with the MEBO lettering: the clearest possible suggestion that he had traced the provenance of the fragment from lettering on it. By all appearances it seemed to have been a breakthrough of which Sherlock Homes himself would have been proud. It looked like the smoking gun for which the investigators had been searching.
But to paraphrase the commentators Ashton and Ferguson in a more general context, “the only smoke was the variety associated with smoke and mirrors” (p.268). For the PCB bearing the MEBO lettering photograph was not the fragment PT35b. The latter was a fragment from an MST-13 mother board and was alleged to be the only remains of such a timer recovered from the crash site. The photograph of the section of PCB with the MEBO lettering was a section of the daughter board from an MST-13. To be absolutely clear about this, no part of a daughter board from an MST-13 was alleged ever to have been recovered from the aircraft debris. From where exactly the piece of circuit board depicted in the second photograph on the programme had come remains uncertain: whether from a timer which had been seized in Senegal, from the Togo timer or from one supplied by, or otherwise taken from, the MEBO Company itself. Even if the wrong photograph had by some chance been inadvertently selected to be shown at the State Department press conference and on the TV programme there could be no mistake about the matter of lettering. The photographs of PT/35b which were exhibited at the Zeist trial had the fragment magnified fifty times and showed clearly that on neither side did it bear the slightest trace of any letters.
And yet to a prime-time audience of millions of American viewers Thurman had the breathtaking gall to promote the making of a representation that he had traced the origin of the fragment from the characters “MEBO” when he knew all along that these were not carried on the fragment PT/35b but on a different circuit board altogether, one which had nothing whatsoever to do with the destruction of Pan Am 103.
As matters turned out, then, this was no master sleuth in his prime, just Mr Arthur Daley of Minder fame. What on earth possessed Thurman to beget such a stunt? Was it just self-aggrandisement and chutzpah, or was there something more to it? To seek an answer it is important to appreciate that he must have known he could never mount a plausible claim to have traced the fragment’s origin merely from the figure “1” shaped finger pad and the parallel tracking lines. It would have been to find a needle in a haystack, even if the FBI happened to be in possession of a timer or two. Few would ever have believed a story of making the connection to Mebo (though the CIA were reputed to be experimenting with the notion of developing “remote vision”). Suspicions would inevitably be raised that the authorities had already latched on to the convenient idea of claiming that the bomb maker had used a Mebo MST-13 timer instead of – far more probably – a barometric pressure trigger. This would have led on inexorably to the suspicion that the finding of the fragment had been concocted – a plant, no less – because of the extreme coincidence that the authorities already knew about Libya and MST-13 timers and that they then just happened to discover a fragment from such a timer.
But what of the contrary idea that the very paucity of clues afforded by the fragment argues in favour of the authenticity of the evidence that it was found among the debris. If they were going to plant a fragment from a Mebo timer, it might be asked, why not simply produce one from the daughter board bearing the “MEBO” insignia? But a moment’s thought will raise a similar objection. Who would believe that either? The survival of a piece of fibre board in some sort of conflagration proof cocoon no more than two inches from a “thousands degree Semtex Supernova,” as it has been so graphically described (“The Lockerbie Divide” website) might have seemed difficult enough to accept. That the fragment should have survived with lettering might have been simply too much to swallow. It would simply have been too good to be true. (The same point holds good for the PCB fragment which was said to identify the device which concealed the bomb as a Toshiba SF16 radio-cassette player, most of the production run of which had gone to Libya.)
So the probable answer is that Thurman felt compelled to take the calculated risk of riding two horses. Well aware, as he must have been, that a pretence of having traced the provenance of PT/35b from non-existent lettering could hardly be run in court he was almost certainly not looking that far ahead. He probably calculated that Gaddafi would never countenance surrendering the two accused men and that the possibility of a trial was too remote to worry about, too remote to waste the opportunity for him to bathe in the limelight for a brief moment in time. In the short run the public would believe what he told them, that he was a brilliant sleuth (rather than a charlatan clairvoyant). Not only that, but he probably felt nervous about the possibility of any speculation in the media as to whether the “discovery” of the fragment might possibly have been led by a prior decision to prove the use of a Mebo timer. In other words, his immediate and primary concern was to avert any suspicion that the investigators had started with a decision to assert that the bomb employed a Mebo MST-13 timer and had worked backwards to concoct the finding of a fragment from such a device. In the short run, when the need to focus upon Libya was felt in some quarters to be paramount, his charade might serve to pre-empt any such suggestion. He would have been less concerned about the possibility of some commentators raising their eyebrows about the fragment surviving incineration, let alone with tell-tale lettering still visible. If by some remote chance in the fullness of time a trial did become a reality he probably calculated his public mendacity would have been long forgotten.
In any event he was plainly cunning enough to cover his back in case it were ever suggested that he had inspired a falsehood to be told on screen. Describing on “Person of the Week” his response when the fragment which became PT/35b was referred to him for investigation Thurman explained–
“At that point we finally had something tangible to start looking at and trying to compare items that we may have had here in the unit and other information that came to our disposal and trying to identify it.”
This was the oblique saving which would allow him if necessary to claim that he had said no more than that he had been able to connect the fragment from the wreckage with the PCB bearing the MEBO legend, because the FBI already had a complete timer in their inventory. To head off a rejoinder that even then it would have been like finding a needle in a haystack the “other information” was back-up: doubtless a reference to the tip-off from Bollier and the advice from “Orkin” to “look at Mebo”. But he knew he could never hope to blame the misrepresentation on the filter of editorial misunderstanding. In a clip from his “Person of the Week” interview which was not televised but which was incorporated in The Maltese Double Cross he is depicted holding up an enlarged photograph of the daughter board bearing the partially visible “MEBO” legend and explaining (ref: 1 hr 6 mins of 2 hrs 35 mins)–
“A magnification of that circuit board, which is here – you can see it’s a very large magnification – has, er, a partially obliterated marking and through investigation we determined that this actually is M-E-B-O. Initially we thought that it might be another number like M-5-80 and that was . . . a number of leads were sent out to electronic manufacturers to see if they had made this board. And they said ‘no,’ that this was not their identification. So the last thing that we determined, which was the right thing actually and that it was Mebo. We had some inkling that that was what it was from the beginning but we didn’t want to say okay that it was Mebo to exclude anything else till we were absolutely certain.”
This makes it clear beyond peradventure that he was instrumental in procuring the editorial misrepresentation. It was his illusion. Moreover the idea that Thurman’s team went through some sort of charade, ignoring their “inkling,” punctiliously exploring the possibility that “EB” might have been “58” and seeking various manufacturers for assistance when all the time he had been told by Orkin to look at Mebo is beyond belief.
Comparison with Feraday’s claim It is intriguing to compare Thurman’s charade over the initial misreading of the MEBO marking with a statement by Feraday, who claimed that when he saw the partially scratched out word MEBO on the daughter board he thought it read “MEBQ”, letters that meant nothing to him, and that it he did not become aware that it actually read MEBO until Henderson told him on their return to the UK (Crown precognition, 2 December 1999). However, DI Williamson recalled that Feraday told him in Washington that he had seen the word MEBO, or MEBQ before (Crown precognition, 17 November 1999).
How might the MEBO lettering have been partially obliterated? It may be wondered how the letters “MEBO,” consisting of a hard copper appliqué fused to the laminate of the daughter board, could possibly have been in part worn away. After all, it was not as if the board was normally exposed to wear and tear by external contact. It was protected by the timer’s plastic casing from the abrasive effects of frequent contact with external objects. Removal of the casing can hardly have been so awkward an exercise as to scrape away areas of the copper circuitry in the process. On the other hand, against the clear evidence of Thurman’s duplicity in performing for the cameras it is hardly outlandish to ask whether he might not have been so averse to chicanery as not to have been prepared to doctor the lettering himself for the purposes of maintaining the charade of his brilliant detective work.
Thurman’s claim to have identified PT/35b as part of an MST-11 motherboard contradicted by “John Orkin” Thurman’s claim on “Person of the Week” that by dogged and inspired detective work it was he who matched PT/35b to the motherboard of the Togo MST-13 was contradicted by “John Orkin” who in his precognition statement took the credit for noticing the similarity and brought it to Thurman’s attention.
Thurman’a public statements raise doubts as to the date of the discovery of PT/35b The Person of the Week feature and the video-recording of Thurman’s reminiscences upon which the feature drew betrayed a curious doubt about the date on which the fragment was supposed to have been discovered. As already mentioned the official line was that it was found in the shirt collar at RARDE on 12 May 1989. Anomalies in the documentary evidence relating to the discovery have raised doubts as to that contention. On “Person of the Week” Peter Jennings stated, in contradistinction to the official line, “that Scottish investigators had found it a year and a half after the explosion. That in fact was when Thurman said he had identified it as part of an MST-13 timer. The error could have been editorial but it is noteworthy that in another clip from the Thurman’s interview which was not televised on Person of the Week but which was shown on The Maltese Double Cross (ref: 1.03 mins of 2 hrs 35 mins) he seemed strangely uncertain of the year he was talking about (even though it was only the previous year)–
“Essentially on June 15th of 1989 [pause], 1990 [another pause], yeah 1990, erm, was the day I made the identification. And I knew at that point what it meant. And because, if you will, I’m an investigator as well as a forensic examiner I knew where that would go, that at that point we had no conclusive proof of the type of timing mechanism that was used in the bombing of 103. When that identification was made of the timer, I knew that we had it.”
Thurman’s departure from the FBI Thurman left the FBI in 1997 shortly after it was proved he had massaged evidence in a very large number of unrelated cases. (For more detail see Ashton and Ferguson, p.203.) He was not called as a witness at Zeist. No wonder. The questions the defence might have asked him can only be imagined.
Late revelation to the Zeist court of Bollier’s anonymous tip-off American intelligence was for a very long time secretive, not to say coy, about the fact that from a very early stage in the inquiry they had been in possession of information pointing to the use of an MST-13. In the words of Ashton and Ferguson (p.305)–
“For nine years the British and American governments had insisted that the Lockerbie investigators had fingered Libya as the result of straightforward detective work.”
But then it emerged only during the trial for the first time that no more than two weeks after the destruction of Pan Am 103 Edwin Bollier, the MEBO company’s director, had written to the CIA.
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