Indictment

ABDELBASET ALI MOHMED AL MEGRAHI, born 1 April 1952 and AL AMIN KHALIFA FHIMAH, born 1956 Prisoners in the Prison of Zeist, Camp Zeist (Kamp van Zeist), The Netherlands you are Indicted at the instance of The Right Honourable THE LORD HARDIE, Her Majesty’s Advocate, and the charges against you are that

(1) between 1 January 1985 and 21 December 1988, both dates inclusive at the premises occupied by you ABDELBASET ALI MOHMED AL MEGRAHI and by the Libyan Intelligence Services, in Tripoli, Libya, at a special forces training area, Sabha, Libya, at the premises occupied by the firm MEBO AG at the Novapark Hotel, Zurich, Switzerland, at Frankfurt am Main Airport, Federal Republic of Germany, at the Holiday Inn, Tigne Street, Sliema, at the Libyan People’s Bureau, Tower Road, Sliema and Notabile Road, Balzan and at the Libyan Cultural Centre, Tower Road, Sliema, all in Malta, at the house occupied by you AL AMIN KHALIFA FHIMAH at 3 St John's Flats, Spring Street, Mosta, Malta, at Luqa Airport, Malta and at the Libyan People's Bureau, East Berlin, German Democratic Republic, in Prague, Czechoslovakia and elsewhere in Libya, Malta, Switzerland, the Federal Republic of Germany, the German Democratic Republic, Czechoslovakia, and elsewhere to the Prosecutor unknown being members of the Libyan Intelligence Services, and in particular being respectively the head of security of Libyan Arab Airlines and thereafter Director of the Centre for Strategic Studies, Tripoli, Libya and the Station Manager of Libyan Arab Airlines in Malta you did conspire together and with others to further the purposes of the Libyan Intelligence Services by criminal means, namely the use of explosive devices in the commission of acts of terrorism directed against nationals and the interests of other countries and in particular the destruction of a civil passenger aircraft and murder of its occupants and, in pursuance of said conspiracy, while acting in concert together and with others

(a) you ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH did between 1 January 1985 and 31 December 1985, both dates inclusive, through the hands of Said Rashid and Ezzadin Hinshiri, both also being members of the said Libyan Intelligence Services, and others at the said premises occupied by MEBO AG, in Zurich, aforesaid, at the said premises of said Libyan Intelligence Services, in Tripoli, aforesaid, at the said Libyan People’s Bureau, East Berlin aforesaid and elsewhere to the Prosecutor unknown, order, cause to be manufactured and obtain from the said firm of MEBO AG twenty electronic timers capable of detonating explosive devices;

(b) you ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH did between 1 January 1985 and 30 June 1987 both dates inclusive at the said special forces training area at Sabha, Libya or elsewhere in Libya cause the effectiveness of such timers to be tested in conjunction with explosives under the supervision of Nassr Ashur, a member of the said Libyan Intelligence Services;

(c) you ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH did between 1 January 1985 and 21 December 1988, both dates inclusive, within the offices of Libyan Arab Airlines at Luqa Airport, Malta, at the said Libyan Cultural Centre, Sliema aforesaid, the said premises occupied by the said Libyan People’s Bureau, Malta, aforesaid, in an area of ground near Ghallis Tower, Malta and elsewhere in Malta have in your possession and under your control quantities of high performance plastic explosive and airline luggage tags;

(d) you ABDELBASET ALI MOHMED AL MEGRAHI did between 31 July 1987 and 21 December 1988, both dates inclusive, within the said premises occupied by MEBO AG, in Zurich aforesaid establish and maintain along with Badri Hassan, also a member of the Libyan Intelligence Services, a pretended business under the name ABH as a cover for the operations of said Libyan Intelligence Services;

(e) you ABDELBASET ALI MOHMED AL MEGRAHI did on 22 August 1987 travel from Zurich, Switzerland to Malta, enter Malta and reside at the Holiday Inn, Sliema, aforesaid and on 23 August 1987 depart from Malta and travel from there to Tripoli, Libya using a passport in the false name and using the false identity of Ahmed Khalifa Abdusamad, all while travelling along with the said Nassr Ashur, who was then using a passport in the false name and using the false identity of Nassr Ahmed Salem;

(f) you ABDELBASET ALI MOHMED AL MEGRAHI did on 18 October 1987 travel from Tripoli, Libya to Malta and enter Malta and reside between 18 and 20 October 1987, both dates inclusive, at the Holiday Inn, Sliema, aforesaid and on 22 October 1987 depart from Malta and travel from there to Tripoli, Libya using a passport in the false name and using the false identity of Ahmed Khalifa Abdusamad.

(g) you ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH did between 1 September 1988 and 21 December 1988, both dates inclusive, at Eucharistic Congress Road, Mosta, Malta and elsewhere in Malta and in Prague, Czechoslovakia take steps with others to establish and maintain/maintain pretended businesses to be known as and under the name of Med Tours or Medtours Services Limited and as and under the name of Al Khadra Company or Al Khadra Medtours Services respectively as cover for the operations of said Libyan Intelligence Services;

(h) you ABDELBASET ALI MOHMED AL MEGRAHI did between 8 and 10 October 1988, both dates inclusive, at the premises occupied by Libyan Arab Airlines at Luqa Airport and Valletta, Malta and elsewhere in Malta attempt along with Mohammed Abouagela Masud, also a member of the said Libyan Intelligence Services, and others to the Prosecutor unknown, to travel to Ndjamena, Chad for the purpose of carrying out an operation on behalf of the said Libyan Intelligence Services;

(i) you ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH did on 10 and 11 November 1988 cause the said Nassr Ashur to travel from Tripoli, Libya to Malta on 10 November 1988 and from Luqa Airport aforesaid to Frankfurt am Main Airport aforesaid on 11 November 1988 on Air Malta flight KM 2180 using a passport in the false name and using the false identity of Nassr Ahmed Salem;

(j) you ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH did between 20 November and 20 December 1988, both dates inclusive, at the said premises occupied by MEBO AG, in Zurich aforesaid, at the said premises occupied by you ABDELBASET ALI MOHMED AL MEGRAHI and by the said Libyan Intelligence Services, in Tripoli aforesaid, and elsewhere in Switzerland and Libya, through the hands of the said Ezzadin Hinshiri and Badri Hassan, order and attempt to obtain delivery of 40 further such timers from the said firm of MEBO AG;

(k) you ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH did between 1 and 21 December 1988, both dates inclusive, at Luqa Airport, Malta without authority remove therefrom airline luggage tags;

(l) you ABDELBASET ALI MOHMED AL MEGRAHI did on 7 December 1988 in the shop premises known as Mary's House at Tower Road, Sliema, Malta purchase a quantity of clothing and an umbrella;

(m) you ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH did on 20 December 1988 at Luqa Airport, Malta enter Malta while you ABDELBASET ALI MOHMED AL MEGRAHI were using a passport in the false name of Ahmed Khalifa Abdusamad and you ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH did there and then cause a suitcase to be introduced to Malta;

(n) you ABDELBASET ALI MOHMED AL MEGRAHI did on 20 and 21 December 1988 reside at the Holiday Inn, Sliema, aforesaid under the false identity of Ahmed Khalifa Abdusamad;

(o) you ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH did on 21 December 1988 at Luqa Airport, aforesaid place or cause to be placed on board an aircraft of Air Malta flight KM180 to Frankfurt am Main Airport, Federal Republic of Germany said suitcase, or a similar suitcase, containing said clothing and umbrella and an improvised explosive device containing high performance plastic explosive concealed within a Toshiba RT SF 16 "Bombeat" radio cassette recorder and programmed to be detonated by one of said electronic timers, having tagged or caused such suitcase to be tagged so as to be carried by aircraft from Frankfurt am Main Airport aforesaid via London, Heathrow Airport to New York, John F Kennedy Airport, United States of America; and

(p) you ABDELBASET ALI MOHMED AL MEGRAHI did on 21 December 1988 depart from Malta and travel from there to Tripoli, Libya using a passport in the false name of Ahmed Khalifa Abdusamad, while travelling with said Mohammed Abouagela Masud; and such suitcase was thus carried to Frankfurt am Main Airport aforesaid and there placed on board an aircraft of Pan American World Airways flight PA103 and carried to London, Heathrow Airport aforesaid and there, in turn, placed on board an aircraft of Pan American World Airways flight PA103 to New York, John F Kennedy Airport aforesaid; and said improvised explosive device detonated and exploded on board said aircraft flight PA103 while in flight near to Lockerbie, Scotland whereby the aircraft was destroyed and the wreckage crashed to the ground and the 259 passengers and crew named in Schedule 1 hereof and the 11 residents of Lockerbie aforesaid named in Schedule 2 hereof were killed and you did murder them; and it will be shown that between 1 January 1985 and 21 December 1988, both dates inclusive, in Tripoli, Libya, at Dakar Airport, Senegal, in Malta and elsewhere the said Libyan Intelligence Services were in possession of said electronic timers, quantities of high performance plastic explosive, detonators and/and other components of improvised explosive devices and Toshiba RT SF 16 "Bombeat" radio cassette recorders, all for issue to and use by their members, including Mohammed El Marzouk and Mansour Omran Ammar Saber.

OR ALTERNATIVELY

(2) being members of said Libyan Intelligence Services as above libelled and having, while acting in concert with others, formed a criminal purpose to destroy a civil passenger aircraft and murder the occupants in furtherance of the purposes of said Libyan Intelligence Services and having obtained possession of and tested the effectiveness of electronic timers and being in possession of and having under your control quantities of high performance plastic explosive and airline luggage tags and having established and maintained and taken steps to establish and maintain pretended businesses all as above libelled, while acting in concert together and with others

(a) you ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH did on 10 and 11 November 1988 cause the said Nassr Ashur, to travel from Tripoli, Libya to Malta on 10 November 1988 and from Luqa Airport aforesaid to Frankfurt am Main Airport aforesaid on 11 November 1988 on Air Malta flight KM 2180 using a passport in the false name and using the false identity of Nassr Ahmed Salem;

(b) you ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH did between 20 November and 20 December 1988, both dates inclusive, at the said premises occupied by MEBO AG, in Zurich aforesaid, at the said premises occupied by you ABDELBASET ALI MOHMED AL MEGRAHI and by the said Libyan Intelligence Services, in Tripoli aforesaid, and elsewhere in Switzerland and Libya, through the hands of the said Ezzadin Hinshiri and Badri Hassan, order and attempt to obtain delivery of forty further such timers from the said firm of MEBO AG;

(c) you ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH did between 1 and 21 December 1988, both dates inclusive, at Luqa Airport, Malta without authority remove therefrom airline luggage tags;

(d) you ABDELBASET ALI MOHMED AL MEGRAHI did on 7 December 1988 in the shop premises known as Mary's House at Tower Road, Sliema, Malta purchase a quantity of clothing and an umbrella;

(e) you ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH did on 20 December 1988 at Luqa Airport, Malta enter Malta while you ABDELBASET ALI MOHMED AL MEGRAHI were using a passport/passport in the false name of Ahmed Khalifa Abdusamad and you ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH did there and then cause a suitcase to be introduced to Malta;

(f) you ABDELBASET ALI MOHMED AL MEGRAHI did on 20 and 21 December 1988 reside at the Holiday Inn, Sliema, aforesaid using the false identity of Ahmed Khalifa Abdusamad;

(g) you ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH did on 21 December 1988 at Luqa Airport, aforesaid place or cause to be placed on board an aircraft of Air Malta flight KM180 to Frankfurt am Main Airport, Federal Republic of Germany said suitcase, or a similar suitcase, containing said clothing and umbrella and an improvised explosive device containing high performance plastic explosive concealed within a Toshiba RT SF 16 "Bombeat" radio cassette recorder and programmed to be detonated by one of said electronic timers, having tagged or caused such suitcase to be tagged so as to be carried by aircraft from Frankfurt am Main Airport aforesaid via London, Heathrow Airport to New York, John F Kennedy Airport, United States of America; and

(h) you ABDELBASET ALI MOHMED AL MEGRAHI did on 21 December 1988 depart from Malta to Tripoli and travel from there to Libya using a passport in the false name of Ahmed Khalifa Abdusamad, while travelling with said Mohammed Abouagela Masud; and such suitcase was thus carried to Frankfurt am Main Airport aforesaid and there placed on board an aircraft of Pan American World Airways flight PA103 and carried to London, Heathrow Airport aforesaid and there, in turn, placed on board an aircraft of Pan American World Airways flight PA103 to New York, John F Kennedy Airport aforesaid; and said improvised explosive device detonated and exploded on board said aircraft flight PA103 while in flight near to Lockerbie, Scotland whereby the aircraft was destroyed and the wreckage crashed to the ground and the 259 passengers and crew named in Schedule 1 hereof and the 11 residents of Lockerbie aforesaid named in Schedule 2 hereof were killed and you did murder them; and it will be shown that between 1 January 1985 and 21 December 1988, both dates inclusive, in Tripoli, Libya, at Dakar Airport, Senegal, in Malta and elsewhere the said Libyan Intelligence Services were in possession of said electronic timers, quantities of high performance plastic explosive, detonators and other components of improvised explosive devices and Toshiba RT SF 16 "Bombeat" radio cassette recorders, all for issue to and use by their members, including Mohammed El Marzouk and Mansour Omran Ammar Saber.

OR ALTERNATIVELY

(3) you ABDELBASET ALI MOHMED AL MEGRAHI and AL AMIN KHALIFA FHIMAH being members of said Libyan Intelligence Services and having, while acting in concert with others, formed a criminal purpose to destroy a civil passenger aircraft and murder the occupants and having obtained possession of and tested the effectiveness of electronic timers and being in possession of and having under your control quantities of high performance plastic explosive and airport luggage tags, and having established and maintained and taken steps to establish and maintain pretended businesses all as above libelled, did on and between the dates and at the places in charge 2 above libelled, by the means there libelled, unlawfully and intentionally destroy said aircraft in service and commit on board said aircraft in flight acts of violence which were likely to and did endanger the safety of said aircraft, in respect that you did murder said persons:

and it will be shown that between 1 January 1985 and 21 December 1988, both dates inclusive, in Tripoli, Libya, at Dakar Airport, Senegal, in Malta and elsewhere the said Libyan Intelligence Services were in possession of said electronic timers, quantities of high performance plastic explosive, detonators and other components of improvised explosive devices and Toshiba RT SF 16 "Bombeat" radio cassette recorders, all for issue to and use by their members, including Mohammed El Marzouk and Mansour Omran Ammar Saber.

CONTRARY to the Aviation Security Act 1982, Section 2(1) and (5)