A Perth prisoner claimed an illegal SIM card found in a mobile phone, possibly stashed inside his bottom, did not belong to him.
Guards saw Tom Devers’ state-issued mobile fall from between his legs during a body search in his cell.
Although the phone was authorised, they found an illicit Giffgaff SIM inside.
Career criminal Devers went on trial at Perth Sheriff Court, claiming the card had been put there by his cellmate.
Sheriff Francis Gill rejected the 38-year-old’s explanation and found him guilty of possessing the contraband device on November 18 2020.
Devers, from Crieff, was sent back to jail for six months.
Body search
Prison officer James Cunningham said Devers and his roommate were subjected to a routine search in cell 357.
Devers was body-searched while the other prisoner waited outside.
“He said he did not have anything hidden or anything that could hurt me,” Mr Cunningham said.
“When he was asked to remove his trousers and boxer shorts, the phone fell to the floor.
“I believe it would have been between his legs or between his buttocks.”
Under cross-examination by solicitor John McLaughlin, the officer said it was “possible” the phone had been tucked into the waistband of his shorts.
Fellow guard Grant Fairlie also said that was a possibility.
But when asked again by fiscal depute David Currie, he changed his mind.
SIM cards valuable behind bars
Taking the witness stand, Devers said he had loaned his phone to his cellmate.
“He was crying.
“He wanted to speak to his granny, who was on her way out.
“He told me: ‘I’ve got a SIM card’.”
Questioned by Mr Currie, Devers said his cellmate had refused to have a prison-issued phone.
“Why would he have a SIM card and not a phone? It doesn’t make sense,” said Mr Currie.
“SIM cards are worth quite a bit of money inside,” said Devers.
“They can be exchanged for smoking material, coffee or clothes, things like that.”
The prisoner added: “I had no use for a SIM card. I was given 500 free minutes and I only had my wife to phone.
“That was plenty for me. Maybe even too much.”
He said he had put the phone inside his shorts when guards entered his cell.
Mr Currie said: “This is just a convenient excuse to point the finger at someone who isn’t here to defend themselves.”
‘Credible and reliable’
Sheriff Gill told Devers he found the prison guards’ evidence “credible and reliable” and rejected his special defence of incrimination.
“Possession of an illegal SIM card in prison is an offence that the court takes very seriously,” said the sheriff.
He told the sheriff: “I’m going to buy a lottery ticket.”
