Here in fact is the biggest problem for that theory. This is an extract from Dr. Cullis's evidence in chief. Turnbull (damn his eyes for a duplicitous bastard) was anxious to get Cullis to say the explosion hadn't been in the bottom case.
Q And taking then together the absence of shattering and the absence of pitting and the absence of sooting to the floor of the container, what does that tell you about the location of the explosion?
A I would conclude that the device was not in a suitcase that was on the floor of this container.
Q Do you mean immediately on the floor?
A Immediately on the floor, in contact with the floor.
Q Thank you. If there was one or more suitcases on the floor of the container, and there were, on top of those suitcases, others, and within one of those on the second level, there was an explosion, would there be anything in what you see consistent with that location?
A Yes.
Q What would that be?
A Well, looking at this region immediately in the corner nearest to me, there is an indent that looks like the imprint of a suitcase that has been impulsively driven into the base of the container.
Cullis was RARDE, and it is my belief that RARDE were given to understand at an early stage that the second layer of luggage was the Right Answer. Claiden more tentatively concurs with Cullis.
This seems to me to be opinion only, albeit the opinion of an explosives expert. If Keen had said to him, "Dr. Cullis, from your observations is it absolutely impossible that the device could have been in the bottom case?", I think he'd have had to say no. (Much as the prosecution got Borg and Mifsud to admit to a small theoretical possibility that what the Crown wanted to say just might have been the case.) I don't know what the percentages would be in this case. 10% chance it was on the bottom? 20% chance? There are so many imponderables, and every explosion is different. I don't think 0% flies.
But nobody challenged this all the way through the 1990s. The FAI accepted it, because it was in nobody's interest to finger the Bedford bag at that hearing. The person who got closest was Jim Swire, and he didn't really spot it, he just submitted to the Inquiry that the possibility of a Heathrow introduction had not been sufficiently considered. The reason being that nobody had figured out that the Bedford bag didn't exist as legitimate luggage.
Then in 1999 the prosecution have to use the same material, and they now have a defence which
will go after the Bedford bag, no doubt about it. They begin by assuming it will be possible to devise a reasonable explanation for what the Bedford bag was, and so get it off the table. They discover that is not possible. The Bedford bag is not legitimate luggage. Oops.
So, the forensics guys are insisting that the explosion was on the second layer, but the bag on the bottom layer, under it, turns out to be a rogue bag. Worse still, the man who saw it describes it as a brown or maroon Samsonite hardshell, and we know the bomb bag was a maroony-brown Samsonite hardshell. Even worse, the only bits of maroony-brown Samsonite hardshell recovered from the ground were bits of the bomb suitcase. And in fact there were no bits of anything else unidentified which might have been a suitcase below the bomb, even if we assume the description of the mystery case wasn't accurate.
Oops, again.
The only thing stopping that from being the bomb is Cullis's opinion, and it doesn't look as if Cullis's opinion has a hope in hell of standing up against that evidence. The explosion was just too close to the position of the mystery bag, and luggage can shift a little in a container in a turbulent flight anyway. Never mind the margin of error.
Basically, they are screwed. They need a different scenario, to keep that one off the table. They desperately need a candidate for something that was under the bomb bag, and none of the Heathrow luggage will do. The only case they have is Patricia's.
So they don't lead Sidhu, so that the court won't hear him repeat that he didn't move that bloody luggage, how many times do I bloody well have to tell you! And they don't lead the baggage reconciliation in the hope that the rogue nature of the Bedford case won't become apparent.
All the defence had to do was lead Sidhu, lead the baggage reconciliation, and find their own expert who would say that nobody can say with certainty that the explosion wasn't in the bottom case. And if they'd done that, the entire investigation would have been a laughing stock. But first you have to spot that the submission that the Bedford case had been moved is a Trojan Horse. Which they didn't.
IANAL, but someone who is has said that this amounts to an attempt to pervent the course of justice. (Apparently there is no offence of perverting the course of justice. The offence is the attempt, and whether or not it succeeded is beside the point. Also, it is irrelevant whether the defence could have spotted it and didn't.)
Rolfe.