Scots backpacker could face jail in Thailand over mobile phone 'mistake'

A man from Edinburgh says he is facing jail in Thailand because he picked up a woman's phone in a bar "by mistake" on the first day of a backpacking holiday.

Rory McColl, 37, arrived in Bangkok on 9 March for a 12-day trip around the country, but was arrested after he went out for a drink on his first night.

His parents, who have been keeping in touch with him on FaceTime, told BBC Scotland News that bar staff called the police following the misunderstanding and Rory was taken into custody where he spent two days in a concrete jail cell.

They said he was released on bail but has been unable to leave the country as his passport was confiscated.

For the last seven weeks Rory has been living out of a hotel in Pattaya, a popular beach resort about 90 miles (150 km) south east of Bangkok.

A court hearing will decide his fate on 28 April.

Rory, who is a father, could face up to three years in a Thai jail unless the charges are dropped during the preliminary court hearing.

His parents, Helen and John McColl, say they are worried sick and doing their best to support their son from home.

Helen told BBC Scotland: "It all happened so quickly - before Rory knew it the police were there.

"Then he was cuffed and taken to the cells. He was there for two nights - he told us it was horrendous.

"When he realised he wasn't leaving after the first night he was distraught.

"He was on a concrete floor and all he had for a pillow was a plastic water bottle."

His parents said that after the 30-hour journey from Scotland to Thailand, Rory had been enjoying drinks in a bar on KahoSan Road, the world famous nightlife spot, when he realised he had misplaced his phone.

He told his parents he had noticed an identical one on the bar, picked it up and put it in his pocket without a second thought - not realising it belonged to somebody else.

Rory said he explained this to police and that he was in touch with the woman whose phone he took. The BBC has seen an email exchange in which she appears to corroborate his story, but has been unable to verify its authenticity.

The woman has since stopped responding to Rory's emails.

Meanwhile, police say they are pursuing the charges.

Rory said that after two nights in the cells, he paid police £1,000 in bail money and had his passport taken from him before he was allowed to return to a hotel.

He said while he was in the cell, he was approached by a man who claimed to be a lawyer who would represent him in court.

Rory said he paid the man who promised to help him twice, but his family were immediately suspicious.

Helen said: "Rory told us this man stood by him in court and told him he would help to get him back to his son but that never happened.

"The one time he told him to come to court, he sent him away again and told him: 'It is not a good judge today, this one will send you to prison.'

"Alarm bells started to ring when the guy asked Rory to travel two hours to court then sent him away again and when no action had been taken at all."

Rory's current lawyer has told the family it is highly likely this was a scam.

Until the hearing, his parents remain unsure when he will come home.

"We have no great confidence that things will be resolved now," Helen said.

"It is just the unknown that is scary. We don't know for certain what will happen now and that is what keeps us up at night."

John added: "It is incredible that Rory could go to jail on a charge where the injured party says she knows it is a misunderstanding - and does not want to press charges."

Speaking to his parents over FaceTime, Rory said: "I'll email my lawyer tomorrow to see what is happening but hopefully I will be home soon.

"I don't leave the hotel most days. Some days I try to go for a walk to get exercise.

"I just need to stay strong and keep putting a brave face on."

The BBC spoke to a police officer at Chanasongkhram police station in Bangkok who confirmed that Rory was arrested between 9-10 March on the charges of theft by night for stealing a mobile phone.

When asked about the claims that it had been a misunderstanding, the officer said there was no record about it and that "the offence has been done."

He said the case was now at the prosecutor's level and said other details could be clarified in court.

Under the Thai criminal code, such a charge is punished with imprisonment of one to five years and fined £46 to £228, or 2,000 to 10,000 Thai baht.

A spokesperson for the Foreign Office confirmed it was supporting a UK resident arrested abroad and was in communication with the local authorities.