Egyptian court orders retrial of imprisoned Al-Jazeera staff

Rights groups dismiss trial as sham while foreign nations express concern over detention

The fiancée of jailed Al-Jazeera journalist Mohamed Fadel Fahmy says she doesn't believe he will stay in prison for another year after he and his colleagues were granted a retrial. Video: Reuters

An appeals court in Egypt has ordered a retrial in the case of three imprisoned Al-Jazeera English journalists.

The decision came after a hearing at Egypt’s Court of Cassation that lasted only a few minutes.

Canadian-Egyptian Mohammed Fahmy, Australian journalist Peter Greste and Egyptian Baher Mohammed all have been held since their arrest in December 2013. Their arrests came after the overthrow of Islamist president Mohammed Morsi, a Muslim Brotherhood member.

Mr Fahmy and Mr Greste were sentenced to seven years in prison, while Mr Mohammed got 10 years — three more because he was found with a spent bullet casing.

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The three journalists did not attend the brief hearing that began around 9am local time in Cairo and lasted only a few minutes. Reporters gathered to report on the hearing were not allowed in for those arguments, but later entered the courtroom.

Rights groups dismissed the trial as a sham and foreign countries expressed their concern over the journalists’ detention.

Authorities accused Qatar-based Al-Jazeera of acting as a mouthpiece for the Brotherhood. The station denied the accusations and said the journalists were doing their job.

At trial, prosecutors offered no evidence backing accusations the three falsified footage to foment unrest. Instead, they showed edited news reports by the journalists, including Islamist protests and interviews with politicians. Other footage submitted as evidence had nothing to do with the case, including a report on a veterinary hospital and Greste’s past reports out of Africa.

The Court of Cassation, Egypt’s highest appeal tribunal, will review the lower court’s proceedings, not the case itself. It can uphold the previous verdict or order a retrial.

Egyptian president Abdel-Fattah el-Sissi also has the power to pardon or deport the foreigners under a new law, whether or not the court grants the appeal. That would allow Mr Greste to go home and would allow Mr Fahmy to go to Canada if he drops his Egyptian nationality. Mr Mohammed’s case would remain more uncertain as he holds only Egyptian citizenship.

A recent thaw in relations between Qatar and Egypt has seen Al-Jazeera shut down its Egyptian affiliate, which dedicated much of its coverage to Islamist protests since former president Morsi's overthrow.

Mr El-Sissi said last month a presidential pardon for the three was being “examined” and would be granted only if it was “appropriate for Egyptian national security.”

PA