A PARROT breeder who was convicted of smuggling rare breeds into the UK three years ago will return to court tomorrow in an attempt to keep more than 70 rare birds.

Customs and Excise is appealing against a decision for the birds seized by officials to be returned to Harry Sissen.

The appeal, which will be heard at Teesside Crown Court, was lodged after a ruling in November that the birds, confiscated in the 1988 raids on Mr Sissen's North Yorkshire home, should be returned.

Rob Hastings-Trew, spokes-man for Customs and Excise, said: "We believe that it isn't possible to differentiate between those birds that might have been smuggled into the country and those that were bred by Mr Sissen. Therefore, all of them should be liable for seizure."

Officers took 144 macaws, cockatoos and parrots during the raid at Cornhill Farm, East Cowton, near Northallerton. Many have since died while being kept at zoos and specialist gardens across the country.

Mr Sissen, who was jailed for 30 months for smuggling but had his sentence reduced to 18 months, has always protested his innocence.

He continued to fight to save his birds after a condemnation order was put on his collection.

Mr Sissen was not able to comment yesterday but his wife, Patricia, said they were desperate to put an end to the ordeal.

She said: "We are hoping and preying that we get back the birds that we were told we were entitled to last November.

"It is terribly hard for us all to come to terms with. For Harry the birds are his passion and his life."