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
diplomatic 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.
28 May 2000