CHARITY worker Ian Stillman's appeal against imprisonment in an Indian jail failed because judges could not believe he was deaf, his family said today.

His sister, Elspeth Dugdale, said a report stating reasons why the appeal was refused earlier this year said the "accused was not found to be deaf by the learned trial court".

Mr Stillman, whose parents live in Tadcaster Road, York, was jailed for ten years after being convicted of possessing cannabis - a charge he has always denied.

He has been working with deaf children in India for many years, and his family say he is profoundly deaf.

His appeal argued that Ian could not hear in proceedings during his trial.

"At his trial, Ian was prevented by his deafness from answering the accusations against him," said Elspeth.

"He could not hear what was going on and he was refused a deaf interpreter.

"This is against natural justice, but the appeal judges have announced that Ian is not really deaf and so the trial was, they say, fair."

She said the trial ignored evidence from his doctor which read: "I can confirm that Ian Stillman is profoundly deaf. He literally hears nothing."

"Perhaps due to Ian's unusual ability to speak fairly clearly, the authorities have found it difficult to accept that he really is completely deaf, but they did not check thoroughly or take account of the medical reports we sent confirming his deafness," said Elspeth.

Sandra Gidley, an MP who is representing the Stillmans, said: "This is what I understand the report says.

"Part of the problem is a cultural one. There is no distinction in India between deafness and deaf and dumbness and, because Ian can speak, they have trouble believing that he cannot hear."

Stillman's family is intending to lodge an appeal with the Indian Supreme Court.

Nobody from the Indian High Commission was available to comment on the case at the time of going to press.

Updated: 11:09 Tuesday, February 05, 2002