This is the moment a British backpacker facing five years in prison was caught on CCTV taking a tourist'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 to the incident. 

He is seen in the video picking up the smartphone in his left hand before stuffing it in his back pocket. 

The phone's owner, Melina Muchow, 22, later realised it was missing and asked bar staff for help. 

Staff and Melina, who is seen in the CCTV to the right of Rory, checked surveillance cameras and identified him as the alleged thief.  

When the officer handling the incident gave Rory the chance to apologise and leave without consequence, the 'blind drunk' Scot allegedly began hurling abuse at the woman whose phone he had earlier taken.

Officers said they tried to resolve the case - and even discouraged the woman from taking it further - but grew impatient at belligerent Rory before throwing him in a cell 'to sober up'. Melina then insisted on him being prosecuted.  

By the time Rory was coherent, the case had already been sent to prosecutors for a court hearing, which could see him jailed for up to five years for 'theft at night'.

Speaking today, the investigating officer, Lieutenant Noppasin Piyarat said there is 'clear CCTV evidence of the entire incident' which allegedly shows Rory 'picking up the victim's mobile phone and placing it into his pocket'.

The policeman said: 'The victim noticed her phone was missing and informed security. It was confirmed on CCTV footage that the man had placed the phone into his own pocket.

'Security officers then conducted a search and found the victim's phone in his possession. The guards asked the victim to confirm ownership by unlocking the phone, which she successfully did, proving it belonged to her.

'The Golf Bar staff then detained him and called the police, who took him into custody. We have an official arrest record, and he was brought to the police station because he was heavily intoxicated.

'At the station, I attempted mediation and advised the suspect to apologise, as the victim only wanted an apology. This would have solved the situation. However, 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.

'The suspect's behaviour may have been due to intoxication, but I cannot specify exactly what was said. The language used was likely severe, which caused the victim to become angry and decide to pursue legal action.

'Police then conducted the investigation and detained him while he was still intoxicated.

'When he sobered up, the case had already been registered. So, we also provided the victim's email so that he could later apologise directly, which may be beneficial to him for his case.

'He was subsequently taken to court for detention, and the court ordered his passport to be retained as part of his bail conditions.

'His lawyer requested additional testimony, but I informed them that the case file had already been submitted to the prosecutor because the evidence was sufficient to conclude the investigation. I advised the lawyer to file a petition for fairness with the prosecutor instead, as the case has already left the police stage.

'The CCTV footage is included in the case file. Police maintain that the footage clearly indicates intent to take the item, supported by evidence showing he picked it up, and it was later found in his possession. His claim that he took it due to intoxication can be raised, but it is a matter for the court to decide.

'From this point onward, if he wishes to contest the case, he must present his appeal or arguments before the presiding judge for consideration.'

For the last few weeks, Rory has been living out of a hotel in the nearby coastal town of Pattaya. He will appear at court on April 28. He faces up to five years in prison for 'theft at night'.

Station Superintendent, Colonel Niphon Nithikarnkulert, added: 'On March 11, the suspect was brought before the court for remand proceedings and required the assistance of an interpreter.

'The interpreter, assigned to assist with bail procedures, received 40,000 baht (£913) from the suspect and consulted a bail agent. It was later determined that bail could not initially be arranged, as the required amount was 45,000 baht.

'The interpreter attempted to return the money, but a misunderstanding arose when a bail agent reported the matter to court officials, alleging the interpreter had taken the funds. The interpreter clarified that the money was being returned due to insufficient bail funds. This led to a verbal dispute between the interpreter and court officials. The presiding judge, upon hearing the matter, called the parties for clarification and subsequently allowed bail to be set at 40,000 baht.

'Regarding the charge, the suspect confessed during the inquiry stage, admitting that he took the mobile phone while intoxicated and acted without full awareness of his actions.

'CCTV footage from the establishment and physical evidence supported the findings. A search of the suspect also confirmed that the victim's mobile phone was found in his possession.

'Based on the evidence, it appears that he did take the item. It may have been due to intoxication, but there is no evidence proving that he did not intend to take it.

'This matter must ultimately be decided in court.'