WANSTEAD Islamic militant Omar Sheikh would be given a fairer re-trial in Britain than in Pakistan, claims his brother.

Speaking from his family's home in Wanstead, 24-year-old Awais Sheikh condemned as unfair the Pakistani judicial system which led to Omar's conviction and death sentence for the murder of American journalist Daniel Pearl last Monday.

Believing British justice to be less politically biased, Mr Sheikh said: "If it was possible for Omar to be tried in Britain, with a guarantee he wasn't sent to any other country, I know his human rights would be observed.

"Omar is being used as a political scapegoat and I know Pakistan would never allow him to leave the country, so sadly this could never happen."

Commenting on the murder of the US journalist Daniel Pearl, he said: "What happened to him was awful and very tragic but hanging an innocent man will only compound the tragedy.

"I want them to find who is responsible because I want them brought to justice. I don't think any compassionate, fair-minded person would allow such an unfair trial to happen.

"I accept the pressure on the Pakistan Government is enormous to find the killers and bring them to justice but I wish they had carried out a fair and just trial instead of finding a convenient scapegoat in my brother.

"It would be different if the country had a clear separation of its judicial and political system."

Mr Sheikh spoke to the Guardian in an exclusive interview after his family lodged an appeal on Friday against Omar's conviction and death sentence for the murder of Daniel Pearl.

The Cambridge law graduate, who lives with his father Saeed and mother Qaissra, continues to protest the innocence of his 28-year-old brother who was sentenced to death last Monday by an anti-terrorist court in Hyderabad.

Three of his accomplices were jailed for life on charges of conspiracy, kidnap and murder.

The family's appeal was submitted on Friday by Omar's defence lawyer, Abdul Waheed Katpar, who claimed Omar's conviction had been based on "fake, false and provenly planted evidence".

Mr Sheikh, who has taken over the helm of his family's east London clothing business while his father oversees his brother's hearing in Pakistan, is relieved about the appeal as it secures his brother's life for another while.

He said: "There is a provision for two appeals one at the High Court and the second at the Appeal Court. We're looking at the appeal potentially going on for years.

"It's a long time to be in limbo but it's better this way, rather than if there wasn't any provision for an appeal."

Mr Sheikh's father Saeed has been in Pakistan throughout the trial, giving support to his son and keeping track of the situation.

Awais has joined his father in Pakistan for some of the trial, as has his mother Qaissra, who stayed alongside her husband in Pakistan until she returned home to Wanstead very recently.

Awais said: "Omar was with my mother and his wife in Lahore right up until the day he was supposed to have kidnapped Daniel Pearl. My mother could see for herself what he had been doing. She's been there since last October.

"She often spends time there because of all the family who are there. She loves visiting her grandson Hadi who is eight months old and my brother's wife Sadia who is 25. Hadi is a little ray of sunshine. He really cheers up my mother and my sister-in-law.

"It would be a lot worse if Sadia was alone and didn't have the baby to keep her going. The baby hasn't seen his father in the last four months. When she did bring the baby to see Omar it was very touching to see the reunion.

"Apart from the initial interrogation he has been treated OK, which is a massive relief."

Not clear exactly what his brother's business involved in Pakistan, Awais said: "He was involved in trading commodities buying and selling. People in Pakistan do not have nine-to-five jobs like they do here in Britain."

Omar was jailed in India for three years but released following a bargaining pact with hijackers of an Indian Airline jet containing 155 passengers in December 1999, but his brother even disputes this.

He explained: "A lot of media said he was released as a result of hijackers' demands but the list produced by the hijackers did not include Omar's name."

Omar's release from Indian prison led to a seemingly positive stage in his life. He met his future wife, a distant relative, straight after his release in December 1999 and the pair were engaged within weeks and married a year later.

His brother recalled: "He came out of jail and wanted to rebuild his life. He had lost pretty much the best years of his life, from 21 to 26, and he wanted to move on."

Recalling seeing his brother in Pakistan after his release from jail, Awais said: "I saw him twice in Pakistan and had the opportunity to sit and talk to him in a fairly detailed way.

"What I found amazing was that he was still the same person I knew before a very kind and decent brother who always had time for his family."

Despite Foreign Office information given to the Wanstead and Woodford Guardian after his release, confirming Mr Sheikh had every right to return to Britain after his release, his brother Awais paints a different picture.

He said: "He didn't come back to Britain at all. We spoke to the authorities and they told us that if he came back there was a chance he'd be arrested and sent back to India. As far as the authorities there were concerned, they hadn't done with him yet.

"The last thing we wanted was for him to go back rotting in their prisons, which is why he never came back to Britain."

July 25, 2002 12:00