Sheikh Omar's Lawyers File Appeal in Pearl Case

19/07/2002| IslamWeb

HIGHLIGHTS: Defense Lists 10 Grounds for Conviction to be Overturned||3 Co-accused Have Already Filed Appeal||Threats to Kill Officials if Execution is Carried out|| STORY: Lawyers defending British-born Islamic militant Ahmed Omar Saeed Sheikh said they had appealed on Friday against his conviction and death sentence for the kidnap and murder of U.S. reporter Daniel Pearl. (Read photo caption)

Omar's defense lawyer Abdul Waheed Katpar said his client's conviction had been based on "fake, false and provenly planted evidence" and said there had been a gross miscarriage of justice. (Read photo caption)

"It's an excellent case for appeal," Katpar told reporters after filing a six-page appeal at the provincial Sindh High Court in Karachi. "I am 100 percent sure about my success, I am very confident."

An Anti-Terrorist Court in Hyderabad sentenced Sheikh Omar to death and jailed three accomplices for life on Monday on charges of conspiracy, kidnap and the murder of Wall Street Journal reporter Pearl.

In the appeal, Katpar listed 10 grounds for the conviction to be overturned, although none made any reference to particular evidence presented by the prosecution, instead arguing in general terms that the conviction had not been valid.

"The prosecution evidence has failed to establish the commission of any offence," the appeal document said. "Hence, the conviction as well as the sentence are liable to be set aside, being totally contrary to law and facts."

Defense lawyers for the three co-accused, Sheikh Adil, Fahad Naseem and Salman Saqib, have already filed an appeal at the Sindh High Court, while prosecution lawyers have also appealed, asking for the three men to be sentenced to death.

On Tuesday, Pakistani police said they had received a threat to kill officials if they carry out the death sentence against Omar, and said they had tightened security for the judge in the case as well as the jail superintendent as a result.

The original trial was carried out inside the main jail in Hyderabad, with reporters barred from attending. The High Court in Karachi has not yet set a date for the appeal hearings.

Execution in Pakistan is carried out by hanging, but usually only after an exhaustive appeals process. A life sentence generally means up to 25 years in jail.

Pearl, 38, was researching a story on Islamic fundamentalism when he was kidnapped in Karachi on January 23.

PHOTO CAPTION

British-born Islamic militant Ahmed Omar Saeed Sheikh's defense lawyer Abdul Waheed Katper at the Sindh High Court in Karachi on July 19, 2002 submits an appeal against Omar's conviction and death sentence for the kidnap and murder of U.S. reporter Daniel Pearl. Katpar said his client's conviction had been based on 'fake, false and provenly planted evidence and there had been a gross miscarriage of justice. (Str/Pakistan/Reuters)