Falkirk offender did not expect police to come calling for stolen mobile phone

Thomas Malloy (63) did not appear at Falkirk Sheriff Court on Thursday, having pleaded guilty to stealing his partner’s mobile phone at an address in Cauldhame Farm Road, New Carron on January 6.

At a previous appearance, earlier in the year, procurator fiscal depute Robbie McDougall said: “The complainer and the accused were previously in a relationship for four years. It was 7pm and the accused was outside the complainer’s home.

"She allowed him access and there was some kind of disagreement between the two of them at this time.”

Malloy left the property, but knocked on the window glass of the front door to get her attention.

"He held up the complainer’s mobile phone,” said Mr McDougall. “He had taken it from the address.”

When police came calling to retrieve the phone, McDougall initially stated he did not have it, before admitting he had taken it and handing it over.

Mr McDougall said: “He told officers ‘there you go – can we just leave it at that lads, I didn’t think police would come to the door, I thought she would’.”

It was stated if Malloy had given the phone back in the first instance this could have been dealt with in another way, but he initially stated he did not have it.

The court heard there had been a reconciliation between Malloy and his former partner.

Earlier in the year Sheriff Christopher Shead deferred sentence on Malloy, 23 Campbell Christie Crescent, New Carron, for six months to September 1 to see if he could be of good behaviour in that time.

He added he may impose a fine at the end of the six-month period if Malloy managed to stay clear of trouble.

On Thursday it was stated Malloy had been of good behaviour and that his partner did not wish a non-harassment order to be put in place.

Sheriff Derek Livingston did not impose a fine – he simply admonished Malloy and found it unnecessary to impose a non-harassment order.