by Simon Tulett

stulett@thekmgroup.co.uk

A backpacker serving a hard labour sentence in an Indian jail is one step closer to freedom as authorities prepare to review his case today.

Patrick Malluzzo has served more than half of a 10-year sentence in a Rajasthan jail, having been arrested for drug smuggling months into a backpacking trip.

But the 32-year-old, who has always maintained his innocence, could soon be reunited with his family after legal bosses granted him an appeal date.

His parents, of Upper Heath Lane, Dartford, say they have been robbed of their son by a miscarriage of justice.

But today, after a catalogue of delays and adjournments, legal chiefs in India are finally due to hear his appeal.

If successful, it could see him back home within days.

Dad Salvatore Malluzzo, 63, has flown out to India for the hearing, but his wife, Teresa, also 63, is waiting anxiously at home.

She said: "My son has now spent almost six years in an Indian jail for a crime he did not commit. We are pinning all our hopes on this hearing, that justice will be done and we can finally be reunited as a family."

The charity Fair Trials International, which has been campaigning for Patrick's release, slammed the charges and subsequent trial.

In January 2004, four months into his trip, Patrick was arrested at Mumbai airport on suspicion of drug trafficking after his unattended bag was found on a train alongside another bag containing drugs.

The owner of that bag was never identified. Patrick claims he gave one of his bags to a travelling companion to take on to Goa while he stayed in Delhi.

But in July 2006 he was found guilty of smuggling cannabis.

The charity's chief executive, Jago Russell, claims the verdict was unsafe because there is no proof the bag holding the drugs belonged to the former banker.

He said: "After a grossly unfair trial, Patrick Malluzzo has already spent years in an Indian jail. 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 is in poor health and has been to hospital a number of times with malaria and urinary tract infections. He also reports suffering from depression.