Revelations at the Court of Appeal confirm a shocking cover up: vital evidence implicating parties unrelated to Samar & Jawad was deliberately withheld from court by the intelligence services, police and the prosecution since 1994. While the official excuse for withholding one piece of evidence is "human error", no explanation has been given as to why these "errors" were not rectified for the last 6 years, or why the lead now uncovered by the defence was suppressed at all. The authorities continue to deny the defence the bulk of the evidence.
THE PROSECUTION AND THE BRITISH AUTHORITIES ARE STILL REFUSING TO DISCLOSE ANYTHING ELSE. WE URGE YOU TO WRITE TO THE BRITISH HOME SECRETARY, THE CROWN PROSECUTION SERVICE, AND BRITISH AMBASSADOR IN YOUR COUNTRY, ASKING THEM TO ENSURE FULL DISCLOSURE OR NOT TO CONTEST THE APPEAL.
Details of the cover-up:
The "Shayler" evidence
In November 1997, British security services (MI5) agent David Shayler revealed to the media that MI5/MI6 had received a clear warning from a reliable source that the Israeli Embassy in London would be attacked in July 1994. This warning is crucial new evidence in the case. If it is as described, then the July 1994 bombings could not have been carried out by Samar and Jawad. Further, in August 1998, investigative journalist Paul Foot established from Mr Shayler that there was another hidden piece of information. This is a report written in September-October 1994 by a senior MI6 officer involved in the investigation, in which he concluded that Israeli intelligence could have been involved in the attacks.
Both pieces of evidence were withheld from court at the time of the trial. They completely contradict the main premise of the prosecution, namely that an "intelligence vacuum" surrounded the bombings, which were carried out by a few London-based Palestinians. They are in accordance with the fact that the highly professional and precise attacks must have been carried out by well-trained, experienced, group or international terrorist organisation. As a reminder, the trial judge accepted that neither Samar nor Jawad belonged to a terrorist organisation.
The defence has been asking for this and other evidence since 1997. Yet, it is only during the appeal in October 2000, that the first Shayler revelation was confirmed. After yet another PII hearing (a hearing that excludes the defence), the appeal judges gave the defence only one hand- written, short document, which goes further than Shayler's first revelation: MI5, MI6, police and the prosecution knew, prior to the bombings, that a terrorist organisation was planning the attacks. Without elaborating, the document says that subsequent "intelligence information" indicates that this terrorist organisation did not carry out the bombings, and claims incredibly that, as a result of no less than six counts of "human error" and "oversight", this information was not even disclosed to the trial judge. Thus far, the appeal judges are refusing to disclose anything else. As such, THE DISCLOSURE OF A PREVIOUSLY SUPPRESSED PIECE OF EVIDENCE IS MINIMAL AND INSUFFICIENT. The warning received by the Israeli embassy itself before the bombing and the second Shayler revelation are only two items of a long list of material that the defence has been denied for the last 6 years.
At the end of the appeal, the defence received a second piece of information indicating that, at the time of the bombings, police received information about a suspect also unrelated to Samar & Jawad. A freelance cameraman said he reported his flat-mate to police in July 1994, as he found that the latter had several documents, including a list of ammunition & arms and a map of the embassy and its defences. Two detectives took a statement and removed all the documents. NONE OF THIS EVIDENCE HAS NEVER BEEN DISCLOSED TO THE DEFENCE; THE POLICE AND PROSECUTION ARE STILL FAILING TO RESPOND TO DEMANDS FOR ITS DISCLOSURE.
Queen Anne's Gate,
Commonwealth Affairs Office,
Mr David Calvert-Smith QC
The Director of Public Prosecutions,
Crown prosecution service headquarters,
50 Ludgate Hill,
Tel/Fax: +00 (44) 171 273-8098 / 329-8366
The Attorney General (The Rt.Hon. Lord Williams, Q.C.,M.P.)
9 Buckingham Gate,
Tel/Fax: +00 (44) 171 271-2460