LAWYERS representing a backpacker whose family claim has been wrongly jailed in India, say his appeal hearing is due to start today.

Patrick Malluzzo, aged 32, has so far served five years of a 10-year jail sentence for smuggling cannabis.

His parents, who live in Upper Heath Lane, Dartford, believe he is an innocent man.

Patrick has faced a catalogue of delays to have his appeal heard, which has already been deferred six times this year alone.

Charity Fair Trials International has been campaigning for his release.

The charity’s chief executive, Jago Russell, 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.”

Patrick says he has been 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.

Fair Trials says he was forced to make a television confession and to sign documents in Hindi, a language he does not speak.

The charity claims his trial, also conducted in Hindi, allowed Patrick little chance to defend himself, made worse by poor legal advice he received from his original lawyer.

Former investment bank administrator Patrick, who planned to join the Army when he returned to Britain, claims he was accused by the police of being a member of the IRA and MI6.

He was travelling around India in November 2003 when police found drugs in a bag next to his.

The bag also contained a ticket bearing his name, which he claims must have been booked by his friend.

He was arrested in January 2004 while waiting at Mumbai airport to catch a flight to Thailand to meet his girlfriend.