Click Here: <A
HREF="http://www.sundayherald.com/news/newsi.hts?section=News&story_id=8988">S
unday Herald - Issue 69, May 28th, 2000</A>
-----




Lockerbie: CIA witness gagged by US government

By Neil Mackay, Home Affairs Editor, and Ian Ferguson in New York
Publication Date: May 28 2000

A FORMER CIA agent who claims Libya is not responsible for the Lockerbie
bombing is being gagged by the US government under state secrecy laws and
faces 10 years in prison if herevealsanyinformation about the terrorist
attack.

United Nations diplomats are outraged that the US government is apparently
suppressing a potential key trial witness. Diplomats are now demanding that
the CIA agent, Dr Richard Fuisz, be released from the gagging order. Fuisz, a
multi-millionaire businessman and pharmaceutical researcher, was, according
to US intelligence sources, the CIA's key operative in the Syrian capital
Damascus during the 1980s where he also had business interests.

One month before a court order was served on him by the US government gagging
him from speaking on the grounds of national security, he spoke to US
congressional aide Susan Lindauer, telling her he knew the identities of the
Lockerbie bombers and claiming they were not Libyan.

Lindauer, shocked by Fuisz's claims, immediately compiled notes on the
meeting which formed the basis of a later sworn affidavit detailing Fuisz's
claims. One month after their conversation, in October 1994, a court in
Washington DC issued an order barring him from revealing any information on
the grounds of "military and state secrets privilege".

Whencontactedbythe Sunday Herald last night, Fuisz said when asked if he was
a CIA agent in Syria in the 1980s: "That is not an issue I can confirm or
deny. I am not allowed to speak about these issues. In fact, I can't even
explain to you why I can't speak about these issues." Fuisz did, however, say
that he would not take any action againstanewspaperwhich named him as a CIA
agent.

Congressional aide Lindauer, who was involved in early negotiations over the
Lockerbie trial, claims Fuisz made "unequivocal statements É to me that he
has first-hand knowledge about the Lockerbie case". In her affidavit, she
goes on: "Dr Fuisz has told me that he can identify who orchestrated and
executed the bombing. Dr Fuisz has said that he can confirm absolutely that
noLibyannationalwas involved in planning or executing the bombing of PanAm
103, eitherinanytechnicalor advisory capacity whatsoever."

Fuisz's statements to Lindauer support the claims of the two Libyan accused
who are to incriminate a number of terrorist organisations, including the
Popular Front for the Liberation of Palestine-General Command, which had
strong links to Syria and Iran.

Lindauer said Fuisz told her he could provide information on Middle Eastern
terrorists, and referred to Lockerbie as an “example of an unsolved bombing
case that he said he has the immediate capability to resolve”.

Lindauer says Fuisz told her CIA staff had destroyed reports he sent them on
Lockerbie. Lindauer also refers in her affidavit to speculation that the USA
 shifted any connection to Lockerbie away from Syria to Libya in return for
its support during the Gulf war.

She added that Fuisz told her: “If the [US] government would let me, I could
identify the men behind this attack today. I could do the right thing … I
could go into any crowded restaurant  and pick out these men  … I can tell
you their home addresses … You won’t find [them] anywhere in Libya. You will
only find [them] in Damascus. I was investigating on the ground and I know.”

The 1994 gagging order was  issued following disclosures by Fuisz during
other legal proceedings about alleged illegal exports of military equipment
to Iraq. The order claims that the information held by Fuisz is vital to the
“nation’s security or dip lomatic relations” and can not be revealed “no
matter how compelling the need for, and relevance of, the information”. The
submission also makes clear that the government is empowered to “protect its
interests in this case in the future”, thereby gagging Fuisz permanently.

Details of Fuisz’s gagging have been passed to the United Nations, including
UN secretary general Kofi Annan, Russia’s UN ambassador Sergey Lavrov and the
Libyan UN ambassador, as well as representatives of France and China. The
report on the Fuisz gagging, containing Lindauer’s affidavit, refers to “the
history of US interference … [and] … sabotage by the United States”.

One senior UN diplomat said: “In the interests of natural  justice, Dr Fuisz
should be  released from any order which prevents him telling what he knows
of the PanAm bombing.” With Fuisz prohibited from speaking, neither the
defence nor prosecution can call him as a witness.

A legal source close to Fuisz said: “We want the truth out. The naming of
knowledgeable witnesses who can’t be called would utterly change the face of
this  trial. Dr Fuisz obviously cannot claim he has any knowledge  because of
national security  issues and he could face 10 years in jail. However, if he
is not  allowed to talk the entire case should be dropped.

“Apart from the US government freeing him from the gag, the only way to allow
him to speak would be to subpoena him to the Scottish Court, but the court
has no power of  subpoena in America.”

The Sunday Herald will make the Lindauer affadvit and Fuisz gagging order
available to both the Crown and defence if they require the documents.
-----
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