Phone mix-up nightmare! Scot Rory McColl faces five years in a Thai jail after a tourist accepted his apology. Two police officers reportedly back his story, yet he remains stranded, jobless and homeless, with a December 9 verdict still looming ahead.
A 12-day holiday in Thailand has turned into a nine-month legal nightmare for Scottish father Rory McColl, 37, over a mobile phone mix-up. Two Thai police officers reportedly told a Bangkok court on Thursday that the incident was a misunderstanding. Even the German woman whose phone he took accepts his explanation and wants the charges dropped. Nevertheless, Thai prosecutors have pressed ahead with the theft case, which carries a potential five-year prison sentence. McColl has already spent two nights in custody, lost his job and home, and left his family facing nearly £12,000 in expenses. His passport remains confiscated, while his son celebrated his 13th birthday without him. Now, four Bangkok judges have delayed their verdict until December 9, leaving the Edinburgh man stranded for another six weeks of torment and anguish.
Scottish father Rory McColl faces another six weeks stranded in Thailand after a dramatic Bangkok court hearing on Thursday. Two Thai police officers reportedly testified that his disputed mobile phone theft was a misunderstanding.
The German tourist whose phone he took also accepted his explanation. Nevertheless, Thai prosecutors pressed ahead with the criminal case. The 37-year-old Edinburgh man has spent two nights in custody and nearly eight months trapped in Thailand. He has lost his job and home, while his family’s expenses have approached £12,000. His passport remains confiscated. Now, four Bangkok judges have scheduled their verdict for December 9.
The latest hearing took place in the Thai capital on Thursday, October 29. McColl appeared before four judges following months of proceedings over an incident in Bangkok’s notorious nightlife district. According to BBC Scotland News, his family said two Thai police officers supported his account.
Thai police describe mobile phone incident as a misunderstanding but four Bangkok judges delay verdict
Both reportedly described the incident as a “misunderstanding”. Significantly, the family said nobody appearing before the court challenged that explanation. This included the German woman whose mobile phone was taken.
Despite that evidence, the hearing ended without a verdict. Instead, the judges scheduled their decision for Wednesday, December 9. Consequently, McColl faces another six weeks in Thailand. He remains free on bail but cannot return to Scotland. Police confiscated his passport following his arrest in March. The travel restrictions have remained in force throughout the proceedings.
The case began on March 9, shortly after McColl arrived in Bangkok for a planned 12-day holiday. He had travelled from Edinburgh following the breakdown of a long-term relationship. After approximately 30 hours travelling, he visited the capital’s famous Khao San Road entertainment district. There, he went drinking at the Golf Bar, where the incident occurred.
During the evening, McColl realised his mobile phone was missing. He then noticed another device that appeared identical to his own. Believing he had found his telephone, he picked it up from a table and placed it in his pocket. However, the device belonged to another tourist. Earlier reports identified her as 22-year-old German national Melina Muchow.
CCTV captures Scottish tourist taking German woman’s phone before police arrest him the following day
The woman subsequently discovered her phone was missing. Bar staff examined CCTV footage to establish what had happened. The recording showed McColl taking the device from the table and placing it in his back pocket. Staff identified him, and he was questioned about the incident. Shortly afterwards, the telephone was returned to its owner.
McColl maintained that he had taken the device by mistake. He explained that he was heavily intoxicated and believed the telephone belonged to him. Nevertheless, his explanation did not prevent police action. The following day, Thai officers arrested him on suspicion of theft. He was subsequently detained for two nights in a Thai police cell, sleeping on a concrete floor.
Police eventually released him on bail. However, they retained his passport, preventing his departure from Thailand. His planned 12-day holiday had become a criminal case carrying a possible prison sentence. The Royal Thai Police pursued a charge of theft at night. Under Thailand’s Criminal Code, this is an aggravated form of theft. The offence carries a potential prison sentence ranging from one to five years.
Earlier, McColl’s family said lawyers had discussed the possibility of a one-year suspended sentence following conviction. Yet the criminal proceedings continued despite the return of the telephone. The German tourist’s subsequent response became a crucial part of his defence. According to correspondence obtained by the Edinburgh Evening News, the woman accepted McColl’s apology.
German tourist accepts apology and backs mistake explanation but Thai prosecutors continue theft case
Notably, she indicated that she believed he had taken her telephone by mistake. She also expressed her willingness for the criminal charges to be dropped. However, she acknowledged that the final decision rested with the Thai authorities.
In response, McColl’s lawyers submitted the correspondence as evidence supporting his explanation. The prosecution nevertheless continued through Thailand’s criminal justice system.
The central issue concerned whether McColl deliberately stole the device or mistakenly believed it belonged to him. He acknowledged taking possession of the telephone but consistently denied intending to steal another person’s property.
The owner’s correspondence supported his explanation. Moreover, the device had already been returned. Despite these developments, McColl remained subject to criminal proceedings and restrictions on his movements.
Thursday’s hearing brought further evidence concerning the circumstances of his arrest. According to his family, two Thai police officers testified that the incident was a misunderstanding. The family also reported that nobody appearing before the four judges suggested otherwise. BBC Scotland News reported those details following the October 29 hearing. Nonetheless, the court reserved its verdict, leaving McColl waiting until December.
Eight months stranded in Thailand leave Scottish father facing £12,000 costs and loss of his job
The proceedings have already kept him in Thailand for nearly eight months. Initially, he spent seven weeks living in a hotel in Pattaya, approximately 150 kilometres southeast of Bangkok. His accommodation and daily expenses continued mounting as the case progressed.
In parallel, legal representation, transport and other costs placed further pressure on his family’s finances. His parents, John and Helen McColl, have supported him throughout the proceedings.
By September, they estimated the financial cost at nearly £12,000. That figure covered expenses associated with his extended stay, legal representation and daily living requirements. Meanwhile, McColl’s employment in Edinburgh had ended.
Before travelling to Thailand, he worked as a bar manager at Buck’s Bar in the Scottish capital. His employer terminated his contract while he remained unable to return.
Consequently, he lost his regular income while continuing to face expenses in Thailand. The prolonged proceedings also affected his accommodation in Scotland. His family became unable to maintain his Edinburgh flat. As a result, McColl lost his home. His intended short holiday had therefore cost him both his employment and accommodation. Separately, the enforced absence from his family continued.
Son’s birthday missed as family reports legal payment problems and launches fundraising campaign
His young son celebrated his 13th birthday while McColl remained stranded in Thailand. His mother previously described the boy’s distress after learning his father would not return in time. The family also reported another financial complication during the legal proceedings.
According to their account, a man presenting himself as a lawyer demanded money to accelerate the case. Furthermore, they said bail funds had been registered in the man’s own name.
The family reported these difficulties while attempting to secure McColl’s release and manage the proceedings. Meanwhile, his sister Joanna organised a fundraising campaign to help meet the growing expenses. The money helped support McColl as his stay extended far beyond the original holiday. However, the legal process continued, and the costs kept accumulating.
The case has also drawn attention to the original police investigation and the subsequent prosecution. Earlier reporting identified Police Colonel Niphon Nithikarnkulert as the station superintendent involved. He said McColl had acknowledged taking the telephone while intoxicated and without full awareness of his actions.
In contrast, McColl maintained that he had mistakenly believed the device belonged to him. His explanation concerned the circumstances in which he took possession of the telephone.
Police investigation leads to prosecution despite phone owner’s willingness to withdraw her complaint
The criminal charge, meanwhile, concerned theft under Thai law. Under Thailand’s criminal justice system, police investigate suspected offences and collect evidence. They subsequently forward their findings to public prosecutors, who determine whether criminal charges should proceed.
Accordingly, the German woman’s willingness to withdraw her complaint did not automatically terminate the case. The decision to pursue criminal proceedings rested with the relevant Thai authorities.
British government guidance on criminal proceedings in Thailand confirms the role of public prosecutors in these decisions. The Royal Thai Police initially investigated the incident. Subsequently, the case advanced through the prosecution and court system.
In the meantime, McColl’s lawyers continued presenting evidence supporting his explanation. This included the telephone owner’s correspondence and the circumstances surrounding the return of the device.
Thursday’s reported police testimony added further evidence concerning the original incident. However, the four judges must determine the case under Thai criminal law. The proceedings have also involved British consular officials.
In September, the Foreign, Commonwealth and Development Office confirmed it was assisting a British national arrested in Thailand. Additionally, the department confirmed that British officials had contacted the Thai authorities.
British consular assistance cannot end court delays as Scottish father awaits December 9 verdict
British consular officials cannot direct Thai prosecutors or intervene in judicial decisions. Nor can they compel Thai courts to accelerate criminal proceedings. Consequently, McColl remains dependent on the outcome of the proceedings before the Bangkok court. He continues to live in Thailand under bail conditions while awaiting the verdict.
The latest hearing followed months of legal delays and mounting financial costs. His family had previously reported repeated postponements as the proceedings continued. Meanwhile, his original travel plans had long since expired. McColl arrived in Thailand on March 9 intending to remain for less than two weeks. Instead, he spent two nights in police custody and subsequently faced months of restrictions on his movements.
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His passport remained confiscated throughout the proceedings. Furthermore, he lost his employment at Buck’s Bar and his accommodation in Edinburgh. His parents continued meeting expenses while his sister raised additional financial support. The German tourist, meanwhile, had accepted his explanation and expressed her willingness for the charges to be dropped.
Nevertheless, the prosecution continued, bringing McColl before four judges on Thursday. According to his family, the police evidence at that hearing supported his account of a misunderstanding. However, the court made no immediate ruling. Instead, the judges fixed December 9 for their verdict, extending McColl’s stay by another six weeks.
By that date, nine months will have passed since he arrived in Bangkok for his planned 12-day holiday. For now, the 37-year-old Edinburgh father remains on bail in Thailand, unable to return to Scotland. His next court date is Wednesday, December 9, when the judges are expected to deliver their decision.
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