Mobile phone pests jailed

Mobile phones are banned in the department

Two men have been jailed for using a mobile phone in an Edinburgh hospital.

Sheriff Andrew Bell sentenced David Kerr to the maximum three months and his co-accused Bryan Ballantyne to 60 days in prison.

He told them: "The Edinburgh Royal Infirmary is one of our finest hospitals and its staff work hard to fulfil their duties.

"Neither they nor the patients should have to tolerate behaviour like this."

The two men were jailed at Edinburgh Sheriff Court

Mobile phones are banned in the hospital's accident and emergency department because they can interfere with life-saving machinery.

But when Kerr, 24, was taken to the waiting room after suffering a serious face wound, he immediately pulled out his mobile phone to ring a relative.

Edinburgh Sheriff Court heard that he ignored notices warning him of the ban and telephoned his family to explain what had happened to him.

Defence agent Mark Thorley said his client had been attacked with a broken glass during a friend's engagement party and was badly injured.

Bleeding profusely

He had intervened when his former partner argued with another man.

"He was extremely upset and bleeding profusely," Mr Thorley said.

Kerr was immediately ordered to switch off his phone by hospital staff worried that it would interfere with medical equipment.

But Kerr and his friend Ballantyne, 22, ignored the request and continued the phone call.

When staff grew more insistent the men became abusive and the police were summoned to arrest them.

On Tuesday the two men, both from Edinburgh, admitted committing a breach of the peace by refusing to switch off a mobile phone and placing staff and patients in a state of fear and alarm on 4 June.

Felt unwell

Mr Thorley said his client had felt unwell while in the hospital waiting room. He now apologised for his behaviour.

Although unhurt, Ballantyne, a crane driver, had gone to the hospital with his friend.

Kerr was jailed for three months - the maximum period of imprisonment for a breach of the peace charge. Ballantyne, who had fewer previous convictions, was jailed for 60 days.

Kerr is now to appeal against his sentence.