Lockerbie (Hansard, 14 March 1995)

§ Mr. Dalyell
To ask the Secretary of State for Scotland if he will present to the Select Committee on National Security the information from the Crown Office which caused Sheriff John Mowat QC to uphold the objection of Mr. Colin McEachran from the Department of Transport to any evidence in the Lockerbie case relating to the operation of intelligence agencies into the United Kingdom, as being contrary to the national interest, as stated on page 14 of the determination in the fatal accident inquiry relating to Lockerbie.

§ Lord James Douglas-Hamilton
No such information was placed before Sheriff Principal Mowat QC by the Crown Office. The objection to evidence relating to the operation of the intelligence agencies of the United Kingdom was made by counsel appearing on behalf of the Home Office and the Department of Transport. The fatal478W accident inquiry relating to Lockerbie was heard entirely in public and all information and evidence presented to the inquiry was heard in public.

§ Mr. Dalyell
To ask the Secretary of State for Scotland whether it was with the agreement of the Crown Office that ex-Chief Constable George Esson gave an interview to theGlasgow Herald on Lockerbie published on Monday 20 February.

§ Lord James Douglas-Hamilton
Mr. George Esson, formerly chief constable, Dumfries and Galloway constabulary, did not seek the agreement of Crown Office in giving the interview to theGlasgow Herald published on 20 February 1995.

§ Mr. Dalyell
To ask the Secretary of State for Scotland what study the Crown Office have made of Mr. Alan Francovitie's response to ex-Chief Constable Esson, a copy of which has been sent to the Lord Advocate.

§ Lord James Douglas-Hamilton
This article, like all items in the media relating to Lockerbie which come to their attention, has been considered by the prosecuting and investigating authorities.

§ Mr. Dalyell
To ask the Secretary of State for Scotland what assessment he has made of probabilities, referred to in charge 10, page 15 of the report of the fatal accident investigation into the Lockerbie air disaster, of a suitcase with explosives arriving at Frankfurt on a flight or an airline, other than Pan American.

§ Lord James Douglas-Hamilton
The assessment of probabilities by my noble and learned Friend the then Lord Advocate was reflected in the instruction to the procurator fiscal at Dumfries to request petition warrants for the two named accused on charges which alleged that the suitcase containing an improvised explosive device was placed on board Air Malta flight KM180 to Frankfurt am Main airport at Luqa airport, Malta and was at Frankfurt am Main airport placed on board Pan American World Airways flight 103A to London Heathrow airport.

§ Mr. Dalyell
To ask the Secretary of State for Scotland what record the Crown Office has of any onward confirmed ticket to New York from Luqa airport, Malta, in December 1988 via Frankfurt and Heathrow; and what estimate he has made of the evidence of Miss Milne on page 41 of the determination by Sheriff Mowatt QC in relation to Lockerbie and whether a bag could enter the inter-line system unless an onward confirmed ticket had been issued.

§ Lord James Douglas-Hamilton
It is not the position of the Crown Office as reflected in the criminal petition against the two Libyan accused that the suitcase which contained the improvised explosive device was loaded at Luqa airport as luggage relating to a passenger travelling on such a route. The evidence of Miss Milne was considered along with all other evidence which was available to the Crown prior to the commencement of criminal proceedings.

§ Mr. Dalyell
To ask the Secretary of State for Scotland what official apologies have been given by the Scottish Office and the Crown Office to Dr. David Fieldhouse, police surgeon of Bradford, in relation to Lockerbie.

§ Lord James Douglas-Hamilton
None. Counsel appearing on behalf of the chief constable for Dumfries and Galloway constabulary withdrew the suggestion the Dr. Fieldhouse had been unaccompanied during his searches at Lockerbie at the conclusion of his cross-examination of Dr. Fieldhouse on day 47 of the fatal accident inquiry.