THE brother-in-law of deaf charity worker Ian Stillman has flown thousands of miles to break the news that attempts to free him have failed.

Jerry Dugdale flew to Delhi last night. He plans to visit 51-year-old Ian in the Indian jail in which he is serving a ten-year sentence.

India's Supreme Court this week refused to hear Ian's appeal against his conviction for cannabis possession.

Jerry's wife, Elspeth, said: "He'll be trying to see Ian, who hasn't been told yet what is going on.

"We want him to find out from somebody who is kind and friendly, and he needs to be assured that this is certainly not the end."

It is the 20th trip either Jerry or Elspeth has made to India since Ian, whose parents live in Tadcaster Road, York, and who had a leg amputated after a road accident, was arrested in August 2000.

The Supreme Court judge ruled that Ian could not appeal after refusing to hear evidence questioning a High Court judge's decision that Ian was not deaf.

The appeal was based on the fact that Ian did not get a fair trial after being denied a sign language translator.

The judge said that he was "merely hard of hearing".

Ian has been profoundly deaf since childhood.

Elspeth said: "Jerry is also going to meet Ian's wife, Sue, and his son, Lennie, who are obviously devastated.

"Sue just feels that India's legal system doesn't think her husband is worth bothering about, while Lennie is, quite justifiably, an angry young man. Nobody had expected this to happen. He will also be meeting lawyers to find out what we can do now."

The Supreme Court judge caused controversy by claiming that India's disabled were known to be used for drug trafficking.

Human rights lawyer Stephen Jakobi said he had never heard of a deaf person smuggling drugs, while deaf peer Lord Ashley said the statement showed the judge was prejudiced against the deaf.

In India, a commonly-held view is that the disabled are paying for a sin in a previous life.

Elspeth said: "So far, we have been quite moderate and diplomatic and we have not criticised the judicial system in India.

"But for us to get to the top of the legal ladder and for him to say this, that Ian's deafness and his disability actually indicates that it is highly likely he was involved in drug smuggling, it shows this has nothing to do with guilt or innocence.

"The case has been ruled by prejudice and discrimination from day one."

Ian moved to India 27 years ago and set up a charity working with the country's deaf.

Updated: 11:23 Thursday, May 09, 2002