A former care worker serving an eight-year sentence for abusing children more than 20 years ago had his conviction quashed by the Court of Appeal yesterday.

Anver Daud Sheikh, 52, is among a group of about 120 people convicted of child abuse who claim to be victims of a miscarriage of justice.

Mr Sheikh was convicted at York Crown Court in May 2002 of buggery and indecent assault against two boys under his care at a North Yorkshire children's home where he worked as a housemaster in 1980.

The appeal court released him on bail after the prosecution conceded that the conviction was unsafe. Mr Sheikh may face a retrial, but will have to wait until next month to find out.

Mr Sheikh's legal team, who had argued in court yesterday that a retrial would give the prosecution an unjustified "second bite of the cherry", said after his release that the question of a new trial would again be strongly contested when the case returned to the Court of Appeal next month.

As he was released from the court cells, Mr Sheikh, a former soldier who lives in Leicester, said it had taken the Crown Court judge "a few short minutes" to send him to prison for a crime he did not commit. "Today, happily, it took Lord Justice Kennedy a similar time to give me back my freedom," he said. "As I walk out before you, I have very mixed feelings. I am elated to be going home today." He thanked his wife, Jamila, his children and family, and the Historical Abuse Appeal Panel, a newly formed solicitors' group, which had investigated his case and was inquiring into many others. The campaign group for the convicted abusers believes that in many cases disturbed children have made false allegations in order to obtain compensation.

Children's groups and the police, however, argue that it is extremely difficult to obtain a conviction for abuse and that strict legal tests have to be passed before cases reach trial.

Campaigners for the former carers convicted of abuse have criticised the police for going on so-called "trawling expeditions" to obtain evidence. In some forces detectives have approached former pupils and care home residents and asked them whether they have been abused. Lawyers believe in some cases they were encouraged to make complaints and were told about the compensation payouts. The police argue that obtaining evidence in this way is standard practice.

The Home Affairs Select Committee concluded two years ago that abuse allegations in children's homes had led to a new genre of miscarriages of justice.

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Trawling goes on trial, but who pays the price?

A former care home worker jailed for eight years for abusing boys had his conviction quashed by the court of appeal yesterday after fresh evidence called into question the testimony of the main complainant.

Anver Daud Sheikh, 54, who was born in Yorkshire of Pakistani parents, was convicted at York crown court in May 2002 of buggery and indecent assault on two boys at a North Yorkshire home 20 years earlier while he was working as a house parent. 

At the trial, the jury was given incorrect dates for Mr Sheikh's employment at the home. After his conviction, he instructed new lawyers who established from Contributions Agency records that his employment at the home had ceased by August 31 1980. 

The main complainant, who cannot be named for legal reasons, only took up residence at the home during August 1980. His testimony was dependent upon the involvement of another youth who did not arrive until a year later. 

Lord Justice Kennedy, sitting with Mr Justice Penry-Davey and Mr Justice Hedley, quashed Mr Sheikh's convictions and released him. 

Although Mr Justice Hedley said the main complainant's account now appeared to be "holed below the waterline", Lord Justice Kennedy asked that, in the light of fresh evidence, the two complainants should be interviewed again by a senior police officer from the North Yorkshire force. 

He ordered the interviews to be video-recorded. He said that he would rule on the crown's application for a retrial in March, when these further interviews had been completed. 

At the time of his arrest, Mr Sheikh, a former soldier, had been living with his wife and four children in Leicester. 

On his release, he said that it had taken "a few short minutes" for him to be sent to prison for a crime he did not commit. "Today, happily, it took Lord Justice Kennedy a similar time to give me back my freedom", he added. 

His wife, Jamilla, said: "Of course, we're delighted that he has been released; these last two years have been very hard for us." 

Mebs Sheikh, a nephew, said: "We're all very relieved. We've always maintained his complete innocence - but there's still another hurdle to go." 

Mr Sheikh's case is one of more than a hundred convic tions of former teachers and care home workers which are causing concern. The investigative technique of "trawling", in which police forces contact former residents and ask if they have complaints, has been particularly criticised. 

Two years ago, the Commons home affairs select committee reported that the propensity of some former residents to concoct complaints - either to receive criminal injuries compensation payments, or for emotional or psychological reasons - had created "a new genre of miscarriage of justice". 

Mark Newby, Mr Sheikh's solicitor, is a founder of the Historic Abuse Appeals Panel. This has been established, with funding from the Legal Services Commission, to create a database for all these cases, to enable lawyers to exchange information and to develop expertise in defending and appealing against convictions. 

Lawyers point out that historic allegations of abuse are easy to make because they are almost impossible to refute: finding documentary or witness evidence from decades earlier proves extremely difficult.

See also:
Trawling goes on trial, but who pays the price?