An Inverness prisoner who had a mobile phone hidden in his cell at Porterfield Prison will be sentenced next month.
Andrew Cairns, 42, described as a prisoner now in Perth, appeared at the city sheriff court yesterday and admitted the offence, which was committed at Inverness jail on November 5, 2015.
But after hearing from defence lawyer Gerry Sweeney that his client had already been punished by the penal system and should not be punished again, Sheriff Margaret Neilson decided to defer her decision until January 9.
The court heard that prison officers at Porterfield searched Cairns’ cell and found the item secreted in his clothing.
Mr Sweeny told the Sheriff that the following day, Cairns admitted the offence to the prison governor, and had all his privileges, including TV, exercise and earning wages withdrawn for 14 days.
Mr Sweeney added that a criminal charge for the same offence was not called in court the following year, and it was believed that was an end to the matter.
But he added: “His good behaviour meant that he was due to appear before the low risk management board to allow him to progress into the open prison system.”
However, Mr Sweeney said that days before the hearing, Cairns was told it was being cancelled because the procurator fiscal was re-raising the charge.
Mr Sweeney said there was a concern regarding double jeopardy and the Sheriff should consider his submission.