Would this be facts of al-Megrahi's guilt? Because, I'm afraid to tell you these are thin on the ground. Despite what you may like to believe was produced in a 'court'. However, facts of US authorities being party to the framing al-Megrahi? These are far more apparent. Facts suggesting that the US authorities were coercing decisions in a Scottish court? These are apparent too. Facts that financial lure and inducement was utilized to manipulate witness statements as oppose to 'rewards' for vital information? This is clearly apparent too. Facts that much, if not all, of this information was hidden, obscured and withheld from the court and defence throughout? Yes, sadly this is only too apparent too.
Rewards for the Gauci brothers were first discussed in September 1989, and on numerous other occasions, although this particular fact was not admitted to by any of the witnesses presented at Zeist, or revealed by the prosecution to the original trial, or even the subsequent first appeal. The FBI and Scottish police, after taking the first initial statements from the Gauci's, noted in official documents uncovered by the SCCRC which were withheld from the original investigation and trial stated,
SCCRC said:
DCI Bell Diary (HOLMES version) (28/9/1989) [SCCRC Appendix: chapter 23/3] that on 28th September 1989 the FBI discussed with the Scottish Police an offer of unlimited money to Tony Gauci,with $10,000 being available immediately. […]
[…] Extract from DCI Bell Diary (HOLMES & manuscript versions) (21/2/91)
Refers to preparation of a security report re Tony Gauci faxed to LICC. Dictated version states that a typed report dated 21.2.91 is attached to the diary page: this is a reference to the Memo from DCI Bell to DSIO Gilchrist referred to above (which states inter alia that Tony Gauci had expressed an interest in receiving money in recent meetings) […]
[…] (2h) Extract from DCI Bell Diary (HOLMES & manuscript versions) (8/1/92)
“The manuscript version states "Bhiel states DOJ(Department of Justice) will give Magid $2 million dollars. Advised of our concern." The dictated version has the same first sentence but continues "He was immediately advised of our concern regarding this. I also clarified with him about the Gauci reward and the response was only if he gave evidence." (This last comment is also unredacted in more recently disclosed manuscript version)
Yet, throughout, this was the actual position which was to be asserted by the police and crown prosecutors,
“At no time prior to the conclusion of the trial was the subject of a reward/compensation payment discussed. The motivation of both witnesses has never at any stage been financial, as can be seen from their refusal of money from the media. They have received no financial gain from the Scottish Police; as a result, their integrity as witnesses remains intact. This has been the priority from the outset… The very fact that the witness was not motivated by financial gain and as a result his integrity as a crucial witness was maintained reinforces the need to ensure that at this stage his contribution and more importantly the manner of his contribution is recognised.”
http://www.megrahimystory.net/downloads/pp60%20-%20231%20Grounds%20of%20Appeal.pdf?
It is also worth noting that the initial discussions of financial reward were made after Tony's original recollection of the buyer of the clothes and on the particular date on which the purchase occurred. That is, the buyer was over 6ft, over 50 years of age and broad chested, while the sale was determined to be while his brother Paul had been absent from the shop, it was raining and the Christmas lights in Sliema were not up. This was in the nascent stages of the investigation and the PFLP group, and specifically Abu Talb, were the primary focus of the investigation. Tony, had in fact, corroborating this line of enquiry, identified Abu Talb to the investigators, while they were aware of substantial connections between the island of Malta and the PFLP group together with evidence that Talb has visited the island frequently in the months leading upto Dec 1988. Tony's initial recollection appeared to support all the evidence collected by the investigators, namely: Talb was on Malta in late November, and the details of the day of sale as far as Tony could remember was late november. The day his brother was absent from the shop, it had been raining, and the Christmas lights were not up, indicated the sale took place on Wednesday 23 November.
Megrahi was 5' 6", was 34 years of age and was not 'broad chested'. Further to this, he was not on the island on the 23rd of November. However, as the investigation slowly dropped pursuing the PLFP line of enquiry, Megrahi became of increasing interest to the investigators. It was discovered that he was on the island on Wednesday the 7th December, two weeks later than Gauci initial recollection, but perhaps Gauci was mistaken with the build, size and age of the buyer? Perhaps the sale of the clothing so memorable to Tony had actually taken place two weeks after he had initially considered, and it would now be the 7th December. However, another area of Gauci's statement in those early stages would also present a problem for investigators now aiming for Megrahi: it wasn't raining on this Wednesday, Tony's brother Paul was not absent from the shop that day, and the Christmas lights were put up in the town on Tuesday Dec 6th.
However, throughout all this, which occurred over a period of 18 months, and the utterly inconsistent contradictory statements made by Gauci, it was all seemingly dismissed outright by the investigators, who were now content to assert the Megrahi was the purchaser, and the clothes were bought on Wednesday 7th December, so any financial 'compensation' or 'reward' promised or demanded for the Gauci's was justified, honourable and in-keeping with the search for 'justice'.
Yep, simple, hardheaded and tinfoil-free. No brains falling out of too-open minds here. Simple, like a stick figure.
Further, at the original trial at Zeist in 2001, this was stated by the prosecution,
"to the best of the Crown's knowledge neither of the Gauci brothers asked Scottish police officers for a reward or how to claim one".
Aside from the 'facts' that the US authorities had presented a known liar, whom once again the primary motive was financial reimbursement from the US, as the "star" witness at Zeist, while assuring the Scottish prosecutors that this witness would deliver to the court 'overwhelming' testimony utterly convincing of Megrahi (and Fhimah's!) guilt and complicity of arranging the bombing of 103. His testimony was dismissed from the court after the defence had secured previously withheld documents known to the US for years, and to the Crown from the early stages of the trial, which detailed information that the US had viewed their 'star' witness as a fantasist and fabricator who was only concerned with, once again, continued financial awards. On the points of manipulation of the court, prosecution and evidence presented at Zeist,
Prof. Hans Koechler said:
4. As far as the material aspects of due process and fairness of the trial are concerned, the presence of at least two representatives of a foreign government in the courtroom during the entire period of the trial was highly problematic. The two state prosecutors from the US Department of Justice were seated next to the prosecution team. They were not listed in any of the official information documents about the Court's officers produced by the Scottish Court Service, yet they were seen talking to the prosecutors while the Court was in session, checking notes and passing on documents. For an independent observer watching this from the visitors' gallery, this created the impression of "supervisors" handling vital matters of the prosecution strategy and deciding, in certain cases, which documents (evidence) were to be released in open court or what parts of information contained in a certain document were to be withheld (deleted). […]
It was a consistent pattern during the whole trial that − as an apparent result of political interests and considerations − efforts were undertaken to withhold substantial information from the Court. One of the most obvious cases in point was that of the former Libyan double agent, Abdul Majid Giaka, and the CIA cables related to him. Some of the cables were finally released after much insistence from the part of the defense, some were never made available. The Court was apparently content with this situation, which is hard to understand for an independent observer. It may never be fully known up to which extent relevant information was hidden from the Court.
http://i-p-o.org/lockerbie-report.htm
This is of course, omitting the 'facts' that were then presented showing how Megrahi and Fhimah then came to introduce an unaccompanied bag onto KM180 at Malta loaded with a bomb and tagged for 103 from Heathrow that evening. 'Facts' of which, once again, there were none. Let me reiterate that small point once again. 'Facts' presented that the bomb bag was intoduced at Luqa airport: ziltch, none, zero. Over the course of 11 years of investigating.
So, not only were there no 'facts' that Megrahi had bought the clothes, with or without 'reward' to Gauci, although it did help persuade a skewing of testimony, but there were also no 'facts' presented which could show how Megrahi came to load the bomb on an Air Malta flight.
I really do wonder who exactly are the conspiracy theorists in this case?