A federal court in Washington, D.C. (USA) was asked in 19th September 2005 to rule that the Government of Libya and six of its intelligence agents, including the brother-in-law of Muammar Gaddafi, were guilty of carrying out the September 19, 1989 destruction of UTA Flight 772 as it flew over the North African desert toward Paris.
The UTA bombing took place nine months after the destruction of Pan Am Flight 103 over Lockerbie, Scotland, killing more than 240 persons, a terrorist attack for which Libya already has accepted responsibility.
The court filing disclosed for the first time detailed forensic evidence and testimony proving that high-ranking members of the Libyan government and intelligence services were directly responsible for planning and carrying out the placement of a suitcase bomb on the plane.
After almost three years of court proceedings, the families of the seven Americans who were among the 170 persons killed on the UTA flight have asked the federal court to immediately rule, through "summary judgment" procedures, that Libya and its agents are responsible for the bombing. If accepted by the Court, a trial will not be held and the Court would then determine the amount of damages, which could amount to more than $2 billion USD for loss of life and destruction of the DC-10 jumbo jet.
"This case is about accountability," Stuart H. Newberger, partner at Crowell & Moring and attorney for the American victims' families, said. "The government of Libya deliberately blew up a jumbo jet flying from Africa to Paris killing 170 innocent people. Libya has already taken responsibility for the Pan Am Flight 103 sabotage. To this day, they have refused to take responsibility for UTA Flight 772, even though there is no question that they planned, financed, and carried out this horrendous attack. Since they have refused to accept responsibility, it will now be for the court to hold them accountable."
The victims have submitted to the court extensive materials compiled during the investigation and resulting criminal proceedings conducted by authorities in France, headed by Magistrate Judge Jean-Louis Bruguiere, that country's leading terrorism investigator. Included are incriminating statements by former members of the Libyan intelligence agencies who have since fled Qhadaffi's regime, scientific proof directly connecting the Libyan government with the placement of a suitcase bomb on the aircraft, and evidence that Libya attempted to hide its role in the UTA bombing as the French investigators built their case.
Among the more than 40 surviving family members who have filed suit is retired U.S. Ambassador Robert Pugh, whose wife, Bonnie Pugh, was flying from Chad to Paris when the plane blew up, killing everyone on board. "I want accountability. The government of Libya murdered my wife and robbed our two children of their mother. Nothing can bring her back, but I continue to hope that the rule of law will hold them accountable for this act of international terrorism."
Also supporting the families' request is testimony from retired U.S. Ambassador Thomas E. McNamara, the former chief of Counter-Terrorism at the National Security Council and the U.S. Department of State. Ambassador McNamara successfully headed the efforts of the US, British and French governments to have the United Nations Security Council impose sanctions on Libya for its role in the Pan Am 103 and UTA 772 bombings.
A ruling on the victims' request is expected by the end of the year. More information about this case can be found online at http://www.crowell.com/UTAFlight772.
Crowell & Moring LLP is a full-service law firm with approximately 300 attorneys practicing in litigation, antitrust, government contracts, corporate, intellectual property and more than 40 other practice areas. More than two-thirds of the firm's attorneys regularly litigate disputes on behalf of international corporations, start-up businesses, and individuals. Crowell & Moring's extensive client work ranges from advising on one of the world's largest telecommunications mergers to handling complex intellectual property litigation. Based in Washington, D.C., the firm has offices in Brussels, California and London.
Author: Stuart H. Newberger
More informations: http://www.libyen-news.de/chronik_1989.htm
