A 42-YEAR-OLD Dewsbury man who was found guilty at the age of 16 of the murder of his baby brother is continuing his battle to clear his name.

Abid Hussain, who lived at the family home in Upper Bank Street, was sentenced to be detained during Her Majesty's Pleasure at Leeds Crown Court in December 1978 , after being found guilty of murdering his 23-month-old brother, Mushtaq Hussain.

Tim Owen QC, for Abid Hussain, told London's Criminal Appeal Court the conviction, in 1978, was "unsafe" and should be quashed.

In 1980, his challenge against conviction was dismissed by the Appeal Court.

Hussain was freed on licence in 1997 after successfully applying to the European Court of Human Rights in 1996 about release arrangements for prison detainees.

His conviction challenge yesterday followed a reference to the Appeal Court by the Criminal Cases Review Commission, the independent body which investigates possible miscarriages of justice.

Baby Mushtaq was taken to Leeds General Infirmary on the evening of August 24, 1978, after falling unconscious while at home.

He was found to have two blood clots on his brain and died the next day. His injuries were consistent with blows to the head and body, and with shaking.

Mr Owen told the Appeal Court the conviction was "unsafe", because the trial judge should not have "admitted" into evidence before the jury admissions made by Hussain in his police interviews and in a written statement.

The QC said the trial judge's summing up to the jury was defective.

He said: "The manner in which he was detained and interviewed resulted in serious and significant breaches of the Judge's Rules and other protections which he should have enjoyed."

The breaches included Hussain being detained without legal advice or being told he had the right to legal advice. He was also interviewed without any "effective, appropriate" adult being present.

Describing Hussain as a "vulnerable 16-year-old" who was held "incommunicado" for nine hours, the QC said he was not cautioned before the first interview.

In arguing the conviction should be quashed, Mr Owen said it would not be appropriate to order a retrial given the length of time and the served sentence.

The hearing continues.