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BreakfastFriday, 7 June, 2002, 07:07 GMT 08:07 UK
Family to appeal to Indian leaders
Ian Stillman being taken from his cell by guards
Ian Stillman's lawyers say he did not receive a fair trial

The family of a deaf charity worker jailed in India are planning to travel to travel to the sub-continent to appeal for his release.

Ian Stillman is serving a ten year sentence for a drugs offence. He is deaf, diabetic and has one leg.

The campaigning group Fair Trials Abroad describe his case as the worst they have encountered.


Stephen Jacobi of Fair Trials Abroad was interviewed about the case on Breakfast. He said:

News image
"We need clear Government commitment behind this."

News image The interrogation should have made it clear that he needed an interpreter. Its obvious Ian is deaf. International law has firm things to say...its been a month after this appeal was turned down. The Government has had plenty of time to do something...they could apply for a pardon, various things are being done...we need clear Government commitment behind this. This should have been sorted out before the current political crisis. News image

Last month a Labour peer who was totally deaf for 20 years called for government intervention in the case.

Lord Ashley of Stoke said he could not see how justice could be served when Ian Stillman's trial and subsequent appeal refused to accept he was deaf.

Mr Stillman, who is serving a 10 year jail term for drug possession, lost his right to appeal against the sentence when he appeared before the Indian Supreme Court on Monday.

Lord Ashley of Stoke
Lord Ashley fears Mr Stillman was 'excluded' from the trial by his deafness

The 51-year-old has always maintained his innocence after being charged with possessing 20kg of cannabis.

The decision by the court came after Mr Stillman, from Berkshire, was jailed last June.

His case is supported by human rights group Fair Trials Abroad, which said Mr Stillman's deafness was not even discussed because of previous rulings.

Lip-reading

Mr Stillman lost an appeal against his conviction in January this year at the Indian High Court in Simla, north of Delhi, which refused to accept he is deaf.

He was jailed after being arrested in the foothills of the Himalayas.

Lord Ashley, who is president of the Royal National Institute for the Deaf, said he was contacted by Mr Stillman's family some time ago.

"I think the link really is because I was deaf for 20 years - totally deaf - and the fact that Ian Stillman is also deaf," he said.

Roy Stillman hugs Ian during a visit to his jail
Mr Stillman's father recently met his son in jail

Lord Ashley said the trial judge had indicated that Mr Stillman "wasn't really deaf, only hard of hearing", which meant he could follow what was going on.

"But if he was totally deaf and relying upon lip-reading, which is a very, very inadequate means of communication - and as the original trial was in a foreign language - that meant he was excluded from his own trial."

'Appalled'

He added: "I can't see that justice is served by that decision."

Lord Ashley told BBC Radio 4's Today programme that it is a matter for medics and not for lawyers or the police to decide whether a man is deaf or not.

He has now written to Foreign Secretary Jack Straw asking him to ascertain all the facts and "take up the case with the Indian authorities".

Lord Ashley said that now Mr Stillman's appeal has been rejected by the Indian Supreme Court, international restrictions no longer apply "and the government, therefore, should now step in".

Stephen Jakobi, of Fair Trials Abroad, said he was "appalled" that Mr Stillman's deafness was not discussed because of a previous ruling.

Mr Stillman's sister, Elspeth Dugdale, said the decision was "very upsetting".

Freezing cell

Mr Stillman is originally from Reading, but set up the Nambikkai Foundation in 1978 to provide training, employment and education for deaf people in India.

Last month Conservative MP Caroline Spelman travelled to India to plead with the government to intervene in the case.

Her move came as concerns grew for Mr Stillman's well-being amid reports he was being kept in a freezing cold cell with up to 35 other inmates.

The Meriden MP, from the West Midlands, who is also shadow international development secretary, pledged to be a thorn in the side of the Indian officials over the case.

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