Patrick Malluzzo’s Appeal Date set

October 05 2009

For Immediate Release
 

After now serving almost half of his 10 year sentence in an Indian jail, Patrick Malluzzo - a 32 year old British national from Kent - is scheduled to have his appeal heard on 5 October 2009. Patrick’s appeal has faced a catalogue of delays and adjournments, despite the unfairness of his original trial.

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

“After a grossly unfair trial, Patrick Malluzzo has already spent years in an Indian jail waiting for his appeal to be heard. Today represents a crucial test for the Indian justice system, an opportunity to prove to the world that they can right this miscarriage of justice.”

Fair Trials International is highly concerned 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

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 his 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.

Patrick’s next appeal hearing is now listed for 5 October 2009. Lawyers in India have made a written application 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 this application.