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Thu 1 Jan 2015 04:19 PM

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Al Jazeera journalists to remain in Egypt jail after retrial ordered-lawyer

Serving 7 years for crimes that include spreading lies to help a "terrorist organisation"

Al Jazeera journalists to remain in Egypt jail after retrial ordered-lawyer
Al-Jazeera channels Australian journalist Peter Greste stands inside the defendants cage during his trial for allegedly supporting the Muslim Brotherhood. (Getty Images)

Al Jazeera journalists to remain in Egypt jail after retrial ordered-lawyer

Three journalists working for Qatar-based Al Jazeera television network were expected to remain in jail until they appear before a new court for a retrial, a defence lawyer said on Thursday.

"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.

Hopes faded earlier this week for their release of Australian journalist Peter Greste, who has been in jail in Egypt for a year, after Cairo sent mixed signals about his case, Australian Foreign Minister Julie Bishop said.

The Al Jazeera reporter is serving seven years for crimes that include spreading lies to help a "terrorist organisation" - an allusion to the Muslim Brotherhood group which is banned in Egypt.

Bishop last week raised the possibility Greste could be freed before an appeal hearing set for January 1.

"We had indications that Egyptian President Abdel Fattah Al Sisi would exercise his authority regarding a pardon or a clemency plea in advance of the appeal," Bishop told the Australian Broadcasting Corp.

"Yet, in the meantime, the Egyptian foreign minister has said to me that we have to await the appeal, so there are different messages coming from the Egyptian government," Bishop said.

Sisi suggested in November he was considering pardoning Greste and two other journalists working for Qatar-based Al Jazeera, who mark their 365th day in prison on Monday.

Greste's brothers, Mike and Andrew Greste, told reporters in Australia they did not believe their brother would be released before the appeal.

"The Egyptian president has said a few days after he was convicted that he wouldn't be pardoning Peter until the legal processes have been finalised," Mike Greste said.

Human rights groups and Western governments have condemned the trial of the journalists and the United Nations questioned Egypt's judicial independence. The affair has contributed to tension between Egypt and Qatar.