BRITON JAILED OVER HEROIN FACES RETRIAL

A BRITISH woman who tried to smuggle heroin out of Pakistan is facing the
possibility of a further 10 years in a Karachi jail - despite having
already served her prison sentence.

The Foreign Office is investigating the case of Rosemarie Morley, 31, a
single mother. She was due to return to Britain earlier this month after
her time in prison. Her treatment at the hands of the Pakistani
authorities, who plan to try her again for the same crime, is a violation
of human rights, international law and Pakistan's constitution, say British
legal campaigners.

Ms Morley and her boyfriend, Markus Mifad, both from London, were caught at
Karachi airport with 2.8kg of heroin each in July last year. The drugs were
hidden in the mechanism of their suitcases.

Although the couple insisted they did not know what the packages in their
luggage contained, they pleaded guilty to smuggling the drugs, believing
their sentences would be lighter. Ms Morley, who suffers from clinical
depression, was sentenced to three years and nine months in prison but had
been due for early release on 11 December, after winning remission for
teaching English to children in Karachi Juvenile Jail where she is held.

In September this year she learnt that she was to be charged again over the
same incident, but this time with possession of drugs, rather than smuggling.

Rana Shamim, her legal representative in Karachi, said the charges had been
brought under a new Pakistani law, which allows for someone who has been
convicted of drug smuggling to be charged with possession and the case
registered a second time.

Mr Shamim said: "We are challenging this in the High Court as a direct
violation of the constitution. This law has not yet been tested but it
contravenes article 13a of the constitution, which says no person shall be
prosecuted or punished for the same crime more than once."

Stephen Jakobi, founder of Fair Trials Abroad, which is campaigning on Ms
Morley's behalf, said: "It is established in British and international law
that a person cannot be tried again for the same offence."

He added that other British nationals and Europeans had suffered similar
miscarriages of justice in Pakistan. "I am particularly concerned for
Rosemarie Morley because I understand she has been clinically depressed and
because she is a single parent," he said. "But there are others."

Ms Morley's eight-year-old son, Matthew, has been staying with his
grandparents Eric and Lorna in London. The family had expected her to be
home for Christmas. Mr Morley, 67, said: "She is a bit headstrong, but she
is a good girl, a good mother.

"We were all geared up to having her home. Then weheard about this other
girl who pleaded guilty a second time, thinking it would get it over with,
and got 10 years.

"We are afraid this might happen to Rosemarie."

A second British national, Mark Cornish, 37, also convicted of smuggling
heroin, could face a second charge despite, having already served 18 months
in jail.

His mother, Shirley Dunning, from Carshalton in Surrey, said: "He was
sentenced to four years but got remission.

"I phoned the consulate to try to get a release date and they said, 'Don't
bother. As soon as he is released he will be rearrested'."

A Foreign Office spokesman said: "We are aware of the cases of Rosemarie
Morley and Mark Cornish. We do not believe that it is good criminal justice
practice to try two similar offences arising out of the same facts separately.

"We need to determine exactly what Rosemarie and Mark are charged with and
if and how these charges differ from the previous charges and also why they
are now being charged with these offences."

Checked-by: Richard Lake