British backpacker faces Thai jail after phone mix-up
British backpacker faces Thai jail after phone mix-up

A British backpacker is facing a potential jail sentence in Thailand after allegedly picking up a stranger's phone by mistake. Rory McColl, 37, arrived in Bangkok on March 9 for a 12-day trip but was arrested on his first night out when bar staff alerted police.

Arrest and Detention

McColl's parents, Helen and John McColl from Scotland, say their son spent two nights in a concrete cell before being released on bail. However, his passport was confiscated, leaving him stranded in the country. He has been living in a hotel in Pattaya, a beach resort about 90 miles southeast of Bangkok, for seven weeks while awaiting a court hearing on April 28.

According to his parents, McColl had been drinking on Bangkok's Khao San Road when he realized his own phone was missing. He then picked up an identical device from the bar without realizing it belonged to someone else. He insists he told police it was a simple mix-up and had been in contact with the woman whose phone he took, with an email appearing to support his account, although its authenticity could not be verified. The woman has since stopped responding, and Thai police are continuing with the case.

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Legal and Financial Struggles

McColl claims he paid around £1,000 for bail after two nights in custody. While behind bars, he was approached by a man claiming to be a lawyer and paid him twice for help, but his family suspects it was a scam. His current legal team believes that is likely.

His parents say they are 'worried sick' and have little confidence about when he will be allowed home, describing the uncertainty as 'scary'. His father questioned how he could face jail when the alleged victim accepted it may have been a misunderstanding. McColl has told them he is trying to stay positive, rarely leaving his hotel except for short walks.

Legal Consequences

Police at Chanasongkhram Police Station confirmed McColl was arrested between March 9 and 10 on suspicion of night-time theft, adding there was no record of it being a misunderstanding. The case is now with prosecutors. Under Thai law, the offence carries a potential jail term of one to five years and a fine. McColl could face up to three years unless the charge is dropped at a preliminary hearing.

A spokesperson for the Foreign Office said it is supporting a British national and remains in contact with local authorities.

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