Scots backpacker stuck 'in limbo' in Thailand over mobile phone 'mistake'

A Scottish backpacker who was arrested in Thailand after he was accused of stealing a mobile phone faces three months stuck in limbo in the country, according to his family.

Rory McColl, who is originally from Edinburgh, claims he mistakenly picked up a waitress' phone from a bar, thinking it was his own, just hours after arriving in Bangkok in early March.

The 37-year-old was arrested and spent two nights on the concrete floor of a police cell before being charged and having his passport seized.

A hearing was held in the Thai capital on Tuesday but he was told he will now have to appear at another judgement hearing scheduled for 28 July.

Rory remains free on bail, but he cannot leave Thailand and has already spent seven weeks living in a hotel in Pattaya, about 90 miles (150 km) south east of Bangkok.

His mother Helen told BBC Scotland News she felt the outcome of the hearing was "inhumane".

"It feels like he is serving a prison sentence already thousands of miles away from his family," she said.

At the hearing on Tuesday his lawyer offered mitigation to the court, including evidence that the waitress accepted the incident was a misunderstanding.

At his next court appearance the court will consider his not guilty plea and decide whether to impose any punishment.

Under Thai law a theft charge of this type could potentially lead to a jail sentence of up to five years.

His parents previously told how 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 said he 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, who were called by bar staff, and he has also been 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.

BBC News has spoken to a police officer at Chanasongkhram police station in Bangkok who confirmed that Rory was arrested between 9-10 March, accused of 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."

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