DATE=11/29/00

TYPE=CORRESPONDENT REPORT

TITLE=LOCKERBIE TRIAL (L-O)

NUMBER=2-269815

BYLINE=LAUREN COMITEAU

DATELINE=CAMP ZEIST

CONTENT=

VOICED AT:

INTRO: Judges at the Lockerbie trial have thrown out a defense lawyer's request for acquittal of one of the men accused of blowing up Pan Am Flight 103. The London to New York flight was blown up over Lockerbie, Scotland in December 1988, killing the 259-people onboard and 11 on the ground. Lauren Comiteau reports from the trial at Camp Zeist in the Netherlands.

TEXT: Defendant Al-Amin Khalifa Fhimah was dressed for an acquittal. But it took judges only four-minutes to render their decision that the case against him must go on.

His lawyer, Richard Keen, had spent Tuesday in court arguing that the prosecution's five-month case against his client was entirely circumstantial and he should be acquitted of all of the charges.

Without direct evidence linking Mr. Fhimah to the bombing, his lawyer said that prosecutors could not prove beyond a reasonable doubt that he committed murder or conspiracy, so there was no need to mount the defense.

Prosecutors admitted that the evidence against Mr. Fhimah is circumstantial. But they argued that there is enough of it to prove his guilt.

While judges did not make any ruling concerning Mr. Fhimah's guilt or innocence, they did say that they are satisfied that there is a case to answer.

Judges pointed to entries in the defendant's diary. His association with the first accused - Ali al-Megrahi - and to what they called the crucial testimony of a Libyan double agent, all prosecution evidence that defense lawyers will have to answer in court.

Scottish legal expert Claire Connelly heads the Lockerbie trial briefing team at Glasgow University.

/// ACT CONNELLY ///

It was clearly a setback (for the defense) because if the submission had been successful, the second accused (Mr. Fhimah) would have been acquitted today. However, it by no means indicates that he will necessarily be found guilty of anything.

/// END ACT ///

Judges will reach a verdict only after all the evidence has been presented. That is welcome news to the Reverend John Mosey, whose 19-year-old daughter, Helga, was killed on Pam Am Flight 103. He has been watching the trail every day and wants to hear the evidence of all sides in court.

/// ACT MOSEY ///

I am rather pleased that the decision went the way it did. That Mr. Fhimah's plea for "no case to answer" has been rejected. Not because we think he should be convicted, particularly, we have not come here for a conviction or a dismissal. We have come here to find as much out about the way, and why, and how our children died.

/// END ACT ///

Lawyers for the first accused - Ali al-Megrahi - who will testify in his own behalf, will begin their defense next week. Defense lawyers say it was Palestinian terrorists who blew up the plane and they are still waiting for evidence from Syria that they say will prove it.

The trial is likely to last several more weeks. (SIGNED)

NEB/LC/GE/RAE