A Cairo criminal court has referred a prosecution’s appeal against Hosni Mubarak's release over illicit gains to an appeals court to appoint another judge to rule, after one of the presiding judges expressed discomfort and asked that he be removed from the case. 

The general prosecution appealed the decision to release the ousted president pending investigations in illicit gains on Tuesday. 

The court said that it cannot continue to detain Mubarak based on a technical report by the Illicit Gains Authority.