Mother of Patrick Malluzzo pleads for David Miliband to help her son

December 10 2009

For Immediate Release
 

Teresa Malluzzo, the mother of a British backpacker detained in India, has today hand delivered a letter to the office of the Foreign Secretary pleading for his help in her son’s case. Despite the numerous times his appeal has been scheduled to be heard, Patrick Malluzzo has now spent six years (of a ten year sentence) in a prison in India with no chance to appeal his conviction.

Teresa, together with Fair Trials International, is now calling on the British government to make representations directly to the Government of India to request Patrick’s appeal be heard.

Jago Russell, Chief Executive of Fair Trials International, Said:

“Patrick’s conviction was a travesty of justice and although he has a right to an appeal under both Indian and international law he has waited years to clear his name. We are urging the Foreign Secretary to help us persuade India finally to hear Patrick’s case.”

Fair Trials International has serious concerns about the circumstances surrounding Patrick’s arrest, detention and trial. He reports being subjected to brutal psychological and physical torture at the hands of the Indian authorities, including being burnt with cigarettes and having pliers used on his genitals. He was forced to make a television confession and to sign documents in Hindi, a language he does not speak. The trial, also conducted in Hindi, allowed Patrick little chance to defend himself, a fact compounded by the poor legal advice he received from his original lawyer.

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Notes to editors

Call for British Government to Intervene

Teresa’s letter, addressed to David Miliband, the Secretary of State for Foreign and Commonwealth Affairs, reads as follows:

Dear Secretary of State,

I am writing a heartfelt letter as a mother to a father, concerning my son, Patrick Maluzzo, who is serving a ten year sentence in an Indian jail for a crime he did not commit. All the details will be with the staff at the FCO should you require them.
Mr Miliband, I respect that you are a very busy person. All I ask is for you to spare a few moments and speak to your equal in the Indian Government to pass on concerns about my son. I think it would make a big difference if you show that the British Government cares about Patrick by doing this.

I do understand that you cannot get involved with the judicial service of India, I am not asking that of you, just for help to unite us as a family. I miss my larger than life son. Christmas comes, birthdays come, but our hearts and minds are in the prison with Patrick.

We hope you will help us.

Yours sincerely,
Teresa Malluzzo

Fair Trials International and Teresa Malluzzo are not asking the British government to attempt to influence the outcome of the appeal, rather to petition the Indian government to have the appeal heard.

Background

Patrick travelled to India in October 2003, attending the wedding of British friends and then set off to do some independent travelling. He met up with a prior acquaintance, “J”, another backpacker.

J booked two tickets to Goa via Mumbai. According to Patrick, he then decided not to go to Goa with J but instead to see more of Rajasthan and meet J in Goa later. As Patrick wanted to travel light he asked J to take with him a bag of dirty washing and some personal effects. J left to catch the train and Patrick remained in the hotel.

Train staff found 3 bags on and under the seats where J and Patrick had reservations, after the train left Delhi. They handed the bags to Kota Police who, upon examining them, found one bag containing Patrick’s dirty clothes, and personal effects. A second bag containing clothing and a third bag containing a large quantity of cannabis resin.

Arrest

Patrick was arrested in January 2004. He was held for months without charge during which time he reports being tortured. He describes how he was flogged with pieces of hard rubber across his body for hours at a time and that he was stripped naked and shackled to a chair while cigarettes were used to burn him and pliers were used on his genitals. Patrick also said he was deprived of sleep for days at a time; cold water was thrown on him when he succumbed to exhaustion.

Patrick also reports being subjected to immense psychological pressure, having been threatened with execution and life imprisonment and accused by the police of being a member of the IRA and MI6.

He was forced to sign documents in Hindi which he did not understand and which contained many blank pages. He was made to read a confession on television, which was picked up by the print media and published.

Police failed to gather vital evidence, such as witness statements from other passengers as to who had boarded with the bags, and records from the train company as to who had boarded the train. Moreover, the police failed to secure any DNA or fingerprint evidence in relation to the drugs seized.

Trial

Patrick’s trial was held in Hindi despite an application being made to the Court for the case to be heard in English. Patrick’s original lawyer failed to engage a trial interpreter to take Andrew’s proof of evidence, and also failed to advise on the consequences of not giving evidence. As a result Patrick did not have the opportunity to provide an explanation to counter the circumstantial evidence against him.

A request to explain why DNA evidence was not collected was ignored; the judge failed to ensure that an explanation was provided for not following this obvious line of enquiry. Thereby allowing the case against Patrick to be built on circumstantial evidence alone.
In addition, the trial lawyer did not provide an explanation for why evidence of J’s prior involvement with cannabis resin, in similar quantities, was not raised in court. Considering Patrick’s clean record, this evidence may have proved crucial to his defence.
Patrick was found guilty and sentenced to 10 years imprisonment and a fine of 100,000 rupees. J, who was given a separate trial, was acquitted.

Imprisonment

He is now serving his sentence in Kota Jail (Rajasthan).
Patrick is in poor health and has been to hospital a number of times. He has contracted malaria and has rat bites on his body. He also reports suffering from depression due to his ordeal and is receiving treatment for chronic urinary tract infections.

Appeal

Patrick’s appeal has faced continual delays since it was first lodged in August of 2006. This year alone it has been adjourned several times and part heard at least twice. Since October the appeal has been listed almost every week, on Tuesdays and Thursdays, however no judge has agreed to hear the case.

Lawyers in India have made a number of applications to the Chief Justice of Rajasthan to ensure the appeal is not adjourned again and that Patrick is given a chance to plead his case at the Rajasthan High Court. Letters from Fair Trials International, Rt Hon Anne Widdecombe MP, Dr Howard Stoate MP and Patrick’s family have been sent to the Chief Justice to support these applications.
Patrick’s next appeal hearing is now listed for 15 December 2009.

Further Reading

Read more about Patrick's case.