Mohamed Fahmy, jailed Canadian journalist, files appeal in Cairo

A new effort is being made to secure the release of an Egyptian-Canadian journalist, who was convicted in Cairo of terrorism.

• Fiancee of Mohamed Fahmy speaks out in his defence

Fahmy was working for al-Jazeera when he was arrested in Egypt eight months ago along with two colleagues — one Australian and the other Egyptian.

The three denied charges they supported the banned Islamic Muslim Brotherhood and said they were merely doing their jobs.

He didn't have enough confidence in the whole process.- Adel Fahmy, brother

But the three were convicted in a trial denounced by many international observers as a sham.

Fahmy and the Australian got seven years, while their Egyptian colleague got 10 years.

Foreign Affairs Minister John Baird says his department is pursuing all legal avenues to try to secure Fahmy's release.

The judge's sentencing reasons said the three journalists were brought together "by the devil" to destabilize the country.

The trial was denounced as a sham by many international observers.

Adel Fahmy said his brother initially was "very stubborn" and refused to appeal his conviction because he was still "infuriated and frustrated from the verdict."

"He didn't have enough confidence in the whole process," he said.

Mohamed Fahmy explained the reasons for his reluctance to appeal in a letter he sent last month to Canadian Journalists for Free Expression.

Time and effort

"If an appeal is accepted months from now, we will be paraded in whites again in the circus of a retrial," he wrote.

It took time and efforts from his family and the Canadian Embassy in Cairo to change his mind and convince him to file the appeal, said Adel Fahmy.

"This is an essential step, we have to explore all the routes and we have to take this conventional step as well judicially," he said.

If the appeal is accepted, then a court date will be set, Fahmy said, adding that this "could be many months away."

A successful appeal would mean a retrial and a possible overturning of the verdict.

He said the appeal argued that the sentence should be overturned due to "all the invalidities and flaws in the judicial process that took place" during the initial trial.

Seeking international pressure

The Fahmy family is not depending solely on the appeal's success and is asking for international pressure that might result in an exceptional overturning of the conviction.

They are also pursuing a pardon from Egyptian president Abdel-Fattah el-Sissi, who had initially said he wouldn't interfere in the judicial process.

Last month, El-Sissi's tough stance seemed to soften when he told editors of certain Egyptian media outlets that the heavy sentences in the case have had a "very negative" impact on Egypt's reputation.

Some observers have suggested Fahmy's case forms part of the Egyptian government's efforts to target Qatar, which was a close ally of Morsi. Egyptian authorities had accused Al-Jazeera of bias toward the Muslim Brotherhood and Morsi, but the network has denied the allegations.

Foreign Affairs Minister John Baird has acknowledged the sensitive relationship between the two countries, and has said "bullhorn diplomacy" won't win Fahmy's release. Baird has said Canada is pursuing all legal avenues to secure Fahmy's release.

Lot of effort

Fahmy's family moved to Canada in 1991, living in Montreal and Vancouver for years before eventually moving abroad for work, which included covering stories for the New York Times and CNN.

Adel Fahmy said the Canadian government has been exerting a lot of effort behind the scenes, but more needs to be done.

"This is the most central time for them to really apply the necessary push or pressure to get the favourable result out of the appeal," he said.

"Hopefully it succeeds and translates into a retrial to avoid serving the sentence, of course, which is absolutely ridiculous."