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The body of Shoukat Mohammed was found inside a sleeping bag in a wheelie bin on James Street, Redfern in June 2003.
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The man accused of the crime, named Basheeruddin Mohammed, was placed on the NSW Police’s most wanted list.
The man that Indian police arrested is named Mohammed Basheeruddin.
“There is a similarity of name between these two fellows, and this was a case of mistaken identity,” the innocent man’s defence counsel Farhat Rehmani said.
“He was very shocked and crying continuously for some two to three days,” his co-defence counsel M. A. Tousifoddin said.
The man’s lawyers told a court in Delhi their client was 16 years old at the time of the murder in 2003.
His passport was issued only in 2016, and he has never been to Australia.
His father’s name was also different to the wanted man’s.
Fingerprint data was sent by Australian authorities.
“The fingerprints of my client were also taken in the court, and they were sent to the forensic science lab,” Rehmani said.
“The report was brought in a sealed envelope, and when the envelope was opened, obviously it was different – all ten digits, they did not match.”
Lawyers for the innocent man say his arrest was based on information provided by the Australian Federal Police via Interpol.
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When 9News asked the AFP about their involvement and why they thought they had the right man, they refused to comment.
“How is it possible that a person, only for a similarity in name, can be arrested and he has been kept for 22 days?” Rehmani said.
“I know that truth prevails.”
NSW Police offered a $100,000 reward for information almost a decade ago.
They say the cold case is still being investigated.
