An Edinburgh dad who was locked up in Thailand after being accused of stealing a phone is facing months in ‘in limbo’. Rory McColl, 37, landed in Bangkok for a holiday on March 9.

He headed out on the town for a few drinks at Golf Bar on Khao San Road. Rory, thinking he’d misplaced his phone, grabbed a phone off the table thinking it was his.

Within moments he was approached by security, before being taken to a ‘hellish’ jail cell. Rory spent two nights there, before he was charged and had his passport seized, reports the Daily Record.

Now, almost two months later, Rory has appeared in court on Tuesday, April 28. He was told he will now have to appear at another judgement hearing scheduled for July 28.

Rory remains free on bail, but he cannot leave the country and has already spent seven weeks living in a hotel in Pattaya, about 90 miles (150 km) south east of Bangkok. Rory told Edinburgh Live previously: “I’ve got a 12-year-old son back home, I’m calling him every day.

“Luckily we have FaceTime these days, he seems fine – he knows the story and knows it was a misunderstanding. It’s just all a bit crazy. What I’m hoping for is a hefty fine, worst case scenario I’ll be back in jail.”

His mum Helen says she felt the outcome of the hearing was “inhumane”. She told BBC Scotland: “It feels like he is serving a prison sentence already thousands of miles away from his family.”

At the hearing on Tuesday his lawyer offered mitigation to the court, including evidence the woman accepted the incident was a misunderstanding. At his next 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. Footage shared by the Daily Record showed Rory reaching forward and taking the phone from the table before putting it in his back pocket.

German tourist Melina Muchow, 22, soon realised her device was missing. Looking through surveillance footage with the help of staff, she identified Rory believing he had deliberately stolen the phone.

In CCTV taken from the bar, a security guard can be seen searching Rory, who was drunk, before pulling the mobile phone out of his pocket. Speaking on Monday, the investigating officer, Lieutenant Noppasin Piyarat said there is “clear CCTV evidence of the entire incident”.

“The Golf Bar staff then detained him and called the police, who took him into custody,” he explained, adding McColl was brought to the police station because he was “heavily intoxicated”.

“I attempted mediation and advised the suspect to apologise… the victim only wanted an apology. This would have solved the situation. But he instead verbally abused the victim and her two friends, who are all foreign nationals. He stared at them and shouted insults.

“He made offensive gestures by holding his middle finger at them. Then, the victim insisted on pursuing legal action. I wanted to resolve the incident that night and informed the victim that proceeding with a complaint would require additional time at the police station, but they maintained their decision to proceed.”

Speaking earlier this month, Rory said the whole thing was a misunderstanding. The dad-of-one said: “I wasn’t drunk and stupid, but I’d had a few drinks. I just honestly thought it was my phone.

“The security guard phoned the police, who came down straight away. They looked at the CCTV and then no questions asked I was taken away and in the cells. I was there for two days. It was the worst conditions I have ever been in.”

Despite his ordeal, Rory told us he’d be more than happy to return to Thailand. The chaos that has happened meant he hasn’t been able to see the country like he planned.

He added: “This was my first time in Thailand, and honestly everybody I’ve met – aside from the scammer guy, has been lovely. To be honest I’d love to come back. I had so many plans for this trip but I’ve had to just stay very close to Bangkok.”

A spokesperson for the Foreign Commonwealth and Development Office told us: “We are supporting a British man who has been arrested in Thailand, and are in contact with the local authorities.”

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