THE FAMILY of Scot Billy Irving jailed in India on firearms charges have been given new hope that he will be released after it emerged a long-awaited appeal will be held next week.
Billy Irving, 37, from Connel, Argyll and Bute, and five other British anti-piracy security guards were given a five year sentence in January for possession of arms after they were arrested aboard the anti-piracy ship MV Seaman Guard Ohio.
The men's solicitors immediately submitted an appeal - but the families have been concerned that after eight months, there was no sign of any movement in the case, until now.
The families have been told an appeal hearing has now been set for either Monday or Tuesday of next week. They anticipate it could go on for a few weeks.
It comes as the campaigners - including Mr Irving’s fiancee Yvonne MacHugh – published what they claim are legal arms licences issued to the jailed men by the British government. They called on the Prime Minister and Foreign Secretary to do “the right thing” by stepping up their efforts to free them.
The documents, apparently supplied by the Department for Business Innovation and Skills, were delivered to the High Court in Madras. It is claimed the licences authorised the export of arms and other equipment, which included semi-automatic assault rifles to the US maritime security firm AdvanFort, for whom Mr Irving was working.
Ms MacHugh said news of the appeal could be light at the end of the tunnel for Mr Irving.
"It doesn't sound like much but to us this is huge," she said. "It has been a long eight months in prison for the men with no movement at all in courts," said the 28-year-old. "I am hoping our luck is changing.
She said she hoped the British government will continue to put pressure on on the men's behalf so that the hearing will be completed swiftly and "then hopefully the beginning of the road to freedom".
It is understood Britain's deputy high commissioner in Chennai, Bharat Joshi had written to the new public principal secretary of the government of the southern Indian state of Tamil Nadu and relevant government secretaries requesting that the case be expedited.
Ms MacHugh explained that the original trial ended up taking over a year and a half and blamed it on delays caused by the prosecution not showing up for hearings.
The British men being held in India were all working for the US maritime security firm AdvanFort providing anti-piracy protection in the Indian Ocean when on October, 2012, their ship was detained.
Once they boarded the vessel, Indian customs officials and police found 35 guns, including semi-automatic weapons, and almost 6,000 rounds of ammunition.
The prisoners were initially held at the notorious Puzhal Prison, near Chennai, for six months before the charges were inexplicably dropped.
But Mr Irving was prohibited from returning home until the conclusion of a police appeal which eventually led to the men being jailed.
One lawyer said in January he believed that by March the judgement of the court would be reversed in an appeal.
Indian authorities claimed the crew had been unable to provide documents authorising their possession of the weapons.
The ship had 10 crew members, of whom eight were Indians and two Ukrainians, and 25 security guards – six British, 14 Estonian, four Indians and one Ukrainian.
In the four years since the arrest, Mr Irving has lost his home at Connel, near Oban, been held in squalid conditions in an Indian prison, become a father and got engaged.
He has only spent a few weeks with son William since he was born just over two years ago. Ms MacHugh had to sell her car so they could go to India to visit.
Ms MacHugh and other campaigners have been lobbying Theresa May and Boris Johnson to take action.
Lisa Dunn, the sister of Nick Dunn who has also been held, said the licences show that the weapons on board had not been prohibited and that the new evidence could be a crucial factor in any appeal.
A Foreign Office spokesman said: "Our staff in India and the UK remain in regular contact with all six men and are continuing to support them and their families, working to make sure their welfare is protected in prison.
"We recognise what a difficult time this is for those involved. We cannot interfere with India’s independent legal system, just as other countries cannot interfere with ours, but we will continue efforts to make sure this case is resolved swiftly. Ministers will continue to raise this case at the highest levels."
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