Kiwi misses out on jail release as 7000 prisoners freed

32-year-old bar manager Phil Blackwood was found guilty of insulting religion. Photo / AP

A New Zealander jailed for insulting religion in Myanmar is still behind bars despite nearly 7000 prisoners being freed for a holiday amnesty this week.

Philip Blackwood, from Wellington, and two Myanmar locals were charged in December over an online ad which featured a picture of Buddha wearing DJ headphones.

In March they were sentenced to two-and-a-half years in prison, including two years of hard labour for insulting religion.

Local media reported the New Zealand Embassy in Myanmar had been advised Mr Blackwood was not included on the presidential amnesty list, which pardoned 6966 prisoners on Thursday.

A Myanmar journalist is hugged by his father after being released from prison. Photo / AP

A released Myanmar land activist celebrates his freedom. Photo / AP

Mr Blackwood's father Brian Blackwood said in a statement the family was "extremely disappointed".

"My son is innocent of these charges. I have no doubt regarding that. He is a good man and he and his family do not deserve to be treated like this."

He said the family felt let down by authorities in Myanmar as well as the New Zealand Government.

In March, he said his son should have been found not guilty because it was not an intentional act.

"We were advised not to go over -- just to let the justice system take its course, which we have done. Now we're absolutely gutted by the ridiculous decision that's been made by the judge over there.

"There's no way that Philip would do anything like that maliciously -- it was just a stupid mistake that he made posting that image."

He said his son was in isolation at prison, and the Red Cross was only able to check in on him a month into his detention.

According to Myanmar law, anyone who attempts to insult, destroy or damage any religion can be punished by a maximum of two years in jail, with another two-year penalty for those who try to insult religion through the written word.

Blackwood had lived in Yangon previously but returned to New Zealand for a year in 2013.

His first child, a daughter named Sasha, was born in Wellington last August. He and his partner Noemi Almo returned to Yangon to live in October.

Blackwood's partner, who also works in Myanmar, and their year-old daughter remain in the country.

A New Zealand Embassy spokesperson told local media it was aware of the situation.

"The ministry continues to provide consular assistance to Mr Blackwood and his family."

- NZME