Backpacker Arrested Over Phone Incident in Thailand
Rory McColl, a 37-year-old man from Edinburgh, is facing possible imprisonment in Thailand after allegedly picking up a woman's mobile phone "by mistake" on the first night of his backpacking holiday.
He arrived in Bangkok on 9 March for a 12-day trip around Thailand but was arrested after going out for a drink on his initial evening in the country.
Detainment and Bail
According to Rory's parents, who have maintained daily contact with him via FaceTime, bar staff alerted the police following the misunderstanding. Rory was taken into custody and spent two days confined in a concrete jail cell.
He was subsequently released on bail; however, his passport was confiscated, preventing him from leaving Thailand.
For the past seven weeks, Rory has been residing in a hotel in Pattaya, a well-known beach resort approximately 90 miles (150 km) southeast of Bangkok.
A court hearing scheduled for 28 April will determine his legal outcome.
Potential Sentence and Family Concerns
Rory, who is a father, faces up to three years in a Thai prison unless the charges are dropped during the preliminary court hearing.
His parents, Helen and John McColl, have expressed deep concern and are providing support remotely.
"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."
Details of the Incident
Rory's parents explained that after a 30-hour journey from Scotland to Thailand, Rory had been enjoying drinks at a bar on Khao San Road, a renowned nightlife area, when he noticed he had misplaced his phone.
He saw an identical phone on the bar, picked it up, and put it in his pocket without realizing it belonged to someone else.
Rory informed the police of this and has been in contact with the woman whose phone he took. The BBC has reviewed an email exchange that appears to support his account, though its authenticity has not been independently verified.
The woman has since ceased responding to Rory's emails.
Meanwhile, Thai police have confirmed they are pursuing the charges.
Bail Payment and Legal Representation
After two nights in custody, Rory paid £1,000 in bail and had his passport confiscated before being allowed to return to a hotel.
While detained, a man claiming to be a lawyer approached Rory, offering court representation.
Rory paid this individual twice, but his family quickly became suspicious.
"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 informed the family that this individual was likely operating a scam.
Uncertainty Ahead
Rory's parents remain uncertain about when he will return 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."
Rory's Current Situation
Speaking with 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."
Official Police Statement and Legal Context
The BBC contacted a police officer at Chanasongkhram police station in Bangkok, who confirmed Rory was arrested between 9-10 March on charges of theft by night for allegedly stealing a mobile phone.
When questioned about the claim that the incident was a misunderstanding, the officer stated there was no record of this and that "the offence has been done." He added that the case is now with the prosecutor and further details will be clarified in court.
Under Thai criminal law, the charge carries a penalty of one to five years imprisonment and a fine ranging from £46 to £228 (2,000 to 10,000 Thai baht).
Foreign Office Support
A spokesperson for the UK Foreign Office confirmed they are providing support to a UK resident arrested abroad and are in communication with local authorities.
