These cables and related reports are said by Harvie to be “extremely relevant” to our preparations.
It suggests that the defence teams may have been confused as to one timer’s identity and/or were misled by the Crown. It states that DP/544 was lodged as label 427 rather than 438.
UPDATE (26/06/2015). The SCCRC report confirms (see § 8.103) that the second Togo timer (recovered from the French) was lodged as Crown label production number 438.
“The second Togo timer was obtained from the French authorities and was recovered from them by Mr Williamson in 1999 (18/2988). It was lodged as Crown label production number 438.”
I have no idea what label 427 was? I remind you that the judges were wrong about the “French timer” (see § 52 of the Opinion). END OF UPDATE.
But the truly amazing part is that this memo reveals that Crown Office’s David Hardie had told Keen’s team to look carefully at the “CIA Senegal Cables” and compare them to the evidence obtained from CIA Orkin* (assumed name) and FBI Thomas Thurman.
If only Harvie’s advice had been followed…
To: RSK [Richard S. Keen]
From: MAM [Murdo Macleod]
Date: 17 November 1999
I have spoken to John Dunn and David Harvie at Crown Office. There are four timers to be produced as labelled productions:
420 (DP84) – Togo timer retained by Americans
427 (DP544) – Togo timer recovered by the French.
The timers recovered in Senegal were seen and photographed by two American agents: Warren Clemens (544), a photographer; and Kenneth Steiner (543), the Station Officer in Senegal. The resulting photographs, together with photographs taken by the Senegalese authorities are contained in DP71, DE51 and DP127. Steiner and Clemens had a limited opportunity to look at the timers in a Senegalese Government warehouse.
The Togo timers are spoken to by James Casey (449), James Owens (473) and Richard Sherrow (528).
With regard to the comparison of the various timers, Harvie suggested that this is a matter which we would be better exploring ourselves.
Off the record however, he stated that we might be interested in James Thurman (587) and John Scott Orkin (588). Orkin in particular would be of interest to us. Cables from Senegal to the US will feature as productions (copies will be sent to McGrigor Donald in the next day or two). These cables and related reports are said by Harvie to be “extremely relevant” to our preparations.
Neither witness Arena nor production DP133 would appear to be included on the indictment.
I have asked Professor Black what he thought of this Memo. Here is his comment:
I am delighted to have my attention drawn to an instance of a member of the Crown Office’s Lockerbie team drawing to the attention of the defence material that might be of assistance to them, rather than concealing or disguising such material. It is, however, sad (and only too indicative of the normal Crown Office approach in this case) that the staff member who acted in this way felt that, for his own protection, he had to insist that his disclosure was “off the record”.
Those who know about the CIA cables from Malta and the Lord Boyd’s testimony about their content will appreciate every word.