Image source, Reuters
Image caption, Pan Am Flight 103 was brought down on 21 December 1988
By
Scotland home affairs correspondent
The trial of a Libyan man over the Lockerbie bombing has been postponed for a third time, after new evidence on the 37-year-old case came to light three days ago.
Jury selection was due to get under way in Washington DC on Wednesday but the BBC understands a new start date has been set for January next year.
Lawyers acting for Abu Agila Mas’ud Kheir Al-Marimi said “newly discovered evidence” previously unknown to the defence and prosecutors from the US government emerged on Friday 21 August.
Al-Marimi has denied building the bomb that destroyed Pan Am Flight 103 on 21 December 1988, killing 270 people.
His lawyers told the court: “Constitutional and ethical obligations require the defence to investigate this development.”
They said they met Al-Marimi on Sunday and he agreed that they should ask for the postponement.
Image source, Reuters
Image caption, Abu Agila Mas’ud Kheir Al-Marimi has been in custody since December 2022
The trial judge, Dabney Friedrich, has agreed that the start date should be set aside, underlining the potential importance of the new evidence.
She would have been extremely reluctant to allow an 11th hour postponement after months of preparation and marathon pre-trial legal battles.
For the relatives of those who died and Al-Marimi himself, this latest delay means a verdict might not come until next spring.
It is yet another stunning development in a saga that has witnessed countless twists and turns over nearly four decades.
Figure caption, Kara Weipz: We have to live in this anxiety until we actually get to trial
Pan Am 103 was flying from Heathrow to New York when the bomb exploded in its forward hold, breaking the plane apart at 31,000 feet.
All 259 passengers and crew on board were killed. Another 11 people died in Lockerbie when the wreckage fell on their homes.
Of the victims, 190 were American and 43 from the UK.
Nearly four decades later, the bombing remains the worst terror attack and mass murder in British history.
Al-Marimi has been in US custody since 2022 and was originally due to stand trial in May 2025.
That date was set aside following a joint request from the prosecution and defence, who cited the complexity of the case and Al-Marimi’s ill health.
The trial was pencilled in for April this year but was called off again, after the defence asked for more time to prepare.
The Lockerbie bombing has been the subject of a joint Scottish-US investigation since December 1988.
Prosecutors from the Crown Office and detectives from Police Scotland were due to travel to Washington to attend the case, and Scottish witnesses were expected to be among the first to give evidence at the trial.
Laura Buchan, head of the Lockerbie investigation team at the Crown Office and Procurator Fiscal Service said: “I recognise that this adjournment will be disappointing for the families and for those who have followed this case over many years.
“As the matter remains before the court, it would not be appropriate to comment on the reasons for the adjournment. Although these proceedings are being led by the United States authorities, Scottish prosecutors and police officers remain fully committed to supporting the pursuit of justice.”
Image source, Getty Images
Image caption, Abdelbaset al-Megrahi was the only man convicted of the Lockerbie bombing
Campaigner Kara Weipz, who is president of the Victims of Pan Am Flight 103 group, said she was “floored” when she received the news that the trial had been postponed.
She told the BBC’s Radio Scotland Breakfast programme that she would pray that older relatives of victims would “remain healthy” so they can see the trial eventually take place.
She said: “It’s always been my goal for as many family members to be able to witness this trial as possible and to gain more of the truth.
“If that’s what this evidence brings, that’s what the families have been fighting for for almost four decades – we want the truth, we want to know what happened – and if that’s what this brings then this time will be worth it.”
Figure caption, Lockerbie bombing trial postponed
Dr Jim Swire, who has campaigned for justice since his daughter, Flora, was killed in the bombing, said he believed the delay in the trial could be beneficial if it meant more care would be taken over evidence.
He said: “For many years, we’ve been offering only one thing, and that is the truth.
“If each delay allows the court to assemble more of the true evidence, I am all in favour of it.
“The judge seems to have stuck her oar in and insisted on further care being taken about the assembly of evidence, and if so, that is good news.”
A grandfather in his 70s, Al-Marimi has been accused of carrying out the attack along with two Libyans who faced a Scottish court in May 2000.
Three judges heard the case at Camp Zeist, a former US air force base in the Netherlands.
After eight months, they ruled the atrocity was an act of state sponsored terrorism carried out by members of the Libyan intelligence service.
Intrigue: Lockerbie
On 21 December 1988, a plane explodes over Lockerbie, Scotland, killing 270 people. Almost four decades on, there’s fresh evidence. Who was really behind the bombing?
Get our flagship newsletter with all the headlines you need to start the day. Sign up here.
Related topics
