An appeals court in Egypt has ordered a retrial in the case of three imprisoned Al-Jazeera English journalists, including Canadian-Egyptian Mohamed Fahmy.
The decision by Egypt's Court of Cassation came after a hearing that lasted only a few minutes. However, Fahmy, Australian journalist Peter Greste and Egyptian Baher Mohamed, who have been held their arrest December 2013, were not granted bail.
"They will not be released until they appear before the new chamber, which will decide whether to release them or not," said defence attorney Mostafa Nagy, according to Reuters.
The three journalists did not attend the brief hearing in Cairo. Reporters gathered to report on the hearing were not allowed in for those arguments, but later entered the court.
Defense lawyer Negad Al-Borai told journalists after the hearing that he hoped for a "happy end" to the case.
"The court has the right to release them today," he said.
Defense lawyers said they believed a retrial for the three men would be held within a month.
Lois Greste, Peter's Greste's mother, said after the hearing that the verdict was "not as good as we hoped."
Adel Fahmy, Mohamed Fahmy's brother, said he had hoped his brother would have been freed Thursday. He said each lawyer received three minutes to argue their stance on the case.
"I hoped for more today," he said.
Egyptian authorities offered no immediate comment on the ruling.
Fahmy and Greste were sentenced to seven years in prison, while Mohamed got 10 years — three more because he was found with a spent bullet casing. Rights groups dismissed the trial as a sham and foreign countries, including the U.S., 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, only reviews the lower court's proceedings, not the case itself.
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 Greste to go home and would allow Fahmy to go to Canada if he drops his Egyptian nationality. Mohamed's case would remain more uncertain as he holds only Egyptian citizenship.
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