British backpacker faces years in Thai jail after selecting up girl’s telephone ‘when he mistook it for his personal’

A British backpacker faces jail in Thailand after allegedly picking up a stranger’s phone by mistake.

Rory McColl, 37, flew into Bangkok on March 9 for a 12-day trip but was arrested on his first night out after bar staff alerted police. 

His parents say the father-of-one spent two nights in a concrete cell before being released on bail, but has since been stranded in the country after his passport was confiscated. 

He has now spent seven weeks living in a hotel in Pattaya, a beach resort around 90 miles south east of Bangkok, as he awaits a court hearing on April 28. 

McColl could face up to three years in jail unless the charge is dropped at a preliminary hearing. 

His parents, Helen and John McColl, said they are ‘worried sick’ as they support him from Scotland. 

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.

Rory McColl, 37, flew into Bangkok on March 9 for a 12-day trip but was arrested on his first night out after bar staff alerted police

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

They said McColl had been drinking on Bangkok’s Khao San Road when he realised his own phone was missing, before picking up an identical device from the bar without realising it belonged to someone else. 

McColl insists he told police it was a simple mix-up and says he had been in contact with the woman whose phone he picked up, with an email appearing to back his account, although its authenticity could not be verified. 

She has since stopped responding, while Thai police are continuing with the case.

He claims he paid around £1,000 for bail after two nights in custody, with his passport confiscated before he was allowed back to a hotel, where he has remained ever since.

While behind bars, McColl said he was approached by a man claiming to be a lawyer and paid him twice for help, but his family quickly feared it was a scam. His current legal team believe that is likely.

His parents say they have little confidence over when he will be allowed home, describing the uncertainty as ‘scary’, while 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 as he waits for answers, rarely leaving his hotel apart from short walks.

Police at Chanasongkhram Police Station confirmed he was arrested between March 9 and 10 on suspicion of night-time theft, adding there was no record of it being a misunderstanding and that the case is now with prosecutors.

Under Thai law, the offence carries a potential jail term of one to five years and a fine.

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