Tony Gauci
   HOME

TheInfoList



OR:

Tony Gauci (6 April 1944 – 29 October 2016) was the proprietor of Mary's House, a clothes shop in
Sliema, Malta Sliema ( ) is a town located on the northeast coast of Malta in the Northern Harbour District. It is a major residential and commercial area and a centre for shopping, bars, dining, and café life. It is also the most densely populated town on ...
, who was a witness in the prosecution of
Abdelbaset al-Megrahi Abdelbaset Ali Mohamed al-Megrahi ( , ; 1 April 1952 – 20 May 2012) was a Libyan convicted of the Lockerbie bombing of Pan Am flight 103. He was head of security for Libyan Arab Airlines, director of the Centre for Strategic Studies in Trip ...
in relation to the
Lockerbie Bombing Pan Am Flight 103 (PA103/PAA103) was a regularly scheduled Pan Am transatlantic flight from Frankfurt to Detroit via a stopover in London and another in New York City. Shortly after 19:00 on 21 December 1988, the Boeing 747 "Clipper Maid of th ...
. According to evidence given at the
Pan Am Flight 103 bombing trial The Pan Am Flight 103 bombing trial began on 3 May 2000, more than 11 years after the destruction of Pan Am Flight 103 on 21 December 1988. The 36-week bench trial took place at a specially convened Scottish Court in the Netherlands set up under ...
in 2000, Gauci sold clothing that was found among the wreckage, and determined by investigators to have been in the same suitcase as the
improvised explosive device An improvised explosive device (IED) is a bomb constructed and deployed in ways other than in conventional warfare, conventional military action. It may be constructed of conventional military explosives, such as an artillery shell, attached t ...
(IED) that brought the aircraft down. Gauci's account as a witness linked Libyan intelligence officer
Abdelbaset al-Megrahi Abdelbaset Ali Mohamed al-Megrahi ( , ; 1 April 1952 – 20 May 2012) was a Libyan convicted of the Lockerbie bombing of Pan Am flight 103. He was head of security for Libyan Arab Airlines, director of the Centre for Strategic Studies in Trip ...
directly to the explosion, and was therefore important in the conviction of Megrahi on 31 January 2001. Gauci died on 29 October 2016, in
Swieqi Swieqi () is a town in the Eastern Region of Malta. It is a residential area just 15 minutes by bus from Sliema and within walking distance of Malta's nightlife and entertainment centres, Paceville and St. Julian's. As the town developed, re ...
, Malta at the age of 72.


Controversy

At the trial, Gauci appeared uncertain about the exact date he sold the clothes in question and was not entirely sure that it was Megrahi to whom they were sold. Nonetheless, Megrahi's initial appeal against conviction was rejected by the
Scottish Court in the Netherlands The Scottish court in the Netherlands was a special sitting of the High Court of Justiciary set up under Scots law in a former United States Air Force base, Camp Zeist near Utrecht, in the Netherlands, for the trial of two Libyans charged wit ...
in March 2002. In 2007, a Scottish judicial review panel raised concerns about the trial and Gauci's testimony, including that in the days prior to picking Megrahi in a lineup, he had seen a picture of him in a magazine article on his suspected role in the bombing. Five years after the trial, former
Lord Advocate His Majesty's Advocate, known as the Lord Advocate (), is the principal legal adviser of both the Scottish Government and the Crown in Scotland for civil and criminal matters that fall within the devolution, devolved powers of the Scottish P ...
, Lord Fraser of Carmyllie, publicly described Gauci as being "an apple short of a picnic" and "not quite the full shilling". Since Fraser had been responsible for the
investigation into the bombing of Pan Am Flight 103 The investigation into the bombing of Pan Am Flight 103 began after Pan Am Flight 103, en route from Frankfurt to Detroit with stopovers in London and New York City, was blown up at 19:03 on 21 December 1988 over Lockerbie in Dumfries and Gallowa ...
, and for indicting Megrahi in November 1991, he was called upon to clarify his remarks about Gauci by Colin Boyd, the Lord Advocate who was chief prosecutor at the
Lockerbie trial The Pan Am Flight 103 bombing trial began on 3 May 2000, more than 11 years after the destruction of Pan Am Flight 103 on 21 December 1988. The 36-week bench trial took place at a specially convened Scottish Court in the Netherlands set up under S ...
.


SCCRC grants second appeal

After conducting a four-year review of the case, the
Scottish Criminal Cases Review Commission The Scottish Criminal Cases Review Commission (SCCRC) is an executive non-departmental public body of the Scottish Government, established by the Criminal Procedure (Scotland) Act 1995 (as amended by the Crime and Punishment (Scotland) Act ...
( SCCRC) reported on 28 June 2007 that there may have been a
miscarriage of justice A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent ...
in Megrahi's case, and granted him a second appeal against conviction. The SCCRC also revealed that Gauci had been interviewed 17 times by Scottish and Maltese police, during which he gave a series of inconclusive statements. In addition, a legal source said that there was evidence that
leading questions A leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. The use of leading questions in court to elicit testimony is restricted in order to reduce the ability of the ex ...
had been put to Gauci. It was clear from the SCCRC's report that the lack of reliability of Gauci's testimony as a key prosecution witness was the main reason for the referral of Megrahi's case back to the Appeal Court. In a statement on 29 June 2007, Dr Hans Köchler, the UN-appointed international observer at the Lockerbie trial, said he shared the SCCRC's doubts about Gauci's credibility, expressed in the following extract: :"there is no reasonable basis in the trial court's judgment for its conclusion that the purchase of the items (clothes that were found in the wreckage of the plane) from Mary's House (in
Malta Malta, officially the Republic of Malta, is an island country in Southern Europe located in the Mediterranean Sea, between Sicily and North Africa. It consists of an archipelago south of Italy, east of Tunisia, and north of Libya. The two ...
) took place on 7 December 1988."


Gauci's $2 million reward

In October 2007, it was reported that Gauci received a $2 million reward for testifying against Megrahi at the Lockerbie trial. In 2008, the
Scottish Criminal Cases Review Commission The Scottish Criminal Cases Review Commission (SCCRC) is an executive non-departmental public body of the Scottish Government, established by the Criminal Procedure (Scotland) Act 1995 (as amended by the Crime and Punishment (Scotland) Act ...
(SCCRC Ref 23:19) found that US$2 million had been paid to Tony Gauci and US$1 million to Paul Gauci under the
US Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the U.S. government that oversees the domestic enforcement of federal laws and the administration of justice. It is equ ...
"Rewards for Justice" programme. The newspaper ''
Malta Today ''Malta Today'' is a twice-weekly English language newspaper published in was published in 1999, and started out as a Friday newspaper. History ''Malta Today'' was first published on Friday, 19 November 1999. It was edited by Saviour Balzan, ...
'' ran an article on Gauci in May 2009 quoting Gauci's brother Paul as complaining that their lives had become "intolerable" amid growing interest by the press and repeating "the popular claim that Gauci was planning a move to
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
with his brother". In August 2009, the BBC reported that Gauci was living in Australia.


See also

*
Hans Köchler's Lockerbie trial observer mission Hans Köchler's Lockerbie trial observer mission stemmed from the dispute between the United Kingdom, the United States, and Libya concerning arrangements for the trial of two Libyans accused of causing the explosion of Pan Am Flight 103 over Loc ...


References

{{DEFAULTSORT:Gauci, Tony 1944 births 2016 deaths Place of death missing 20th-century Maltese businesspeople Pan Am Flight 103 Maltese emigrants to Australia