Prisoner caught with iPhone in cell claimed 'he was only holding onto it'

Allysson Caixeta, 36, was caught with the device at HMP Guys Marsh on Thursday, July 2, 2020.

Prosecuting, Jason Spellman, told Weymouth Magistrates’ Court how Caixeta was sentenced to several years imprisonment in January 2020 for an offence of possession with intent to supply drugs.

Prisoner claimed he was only holding onto iPhone

Prison staff were tipped off that Caixeta was in possession of a mobile phone.

Mr Spellman said: “Officers went to search the cell. An officer says they saw him holding a mobile phone and the defendant dropped it."

Caixeta ‘did as he was told’ and handed the iPhone 5 over. A broken phone charger was also recovered.

Mr Spellman added: “He was asked why he had it, but he claimed the phone wasn’t his and he was only holding onto it as he was trying to repair the charger. He did not say who the phone owner was.”

Officers downloaded the data on the device. It was discovered that Caixeta made eight phone calls on the iPhone, including calls to his wife and sister, who are on his prison contact list.

Mr Spellman explained how a mobile phone in prison is a ‘very valued commodity’ because they ‘could be used to intimidate witnesses and cause disruption and disorder as people want them’.

Caixeta appeared from HMP Bristol via video link and pleaded guilty to a charge of possession of a prohibited item in prison, namely a device capable of transmitting or receiving images, sounds or information by electronic communication.

Prisoner used iPhone to contact family 

Outside HMP Guys Marsh

Fiona Larkin, mitigating, said Caixeta admitted possession of the phone and was fully co-operative with the prison staff and governor.

She said: “He tells me pretty much what he told the officers - that it wasn’t his phone and he was holding it because someone asked him to.

“He accepts he was in possession and he used it to call his wife.”

She added Caixeta has since ‘kept his head down’ and understands the seriousness of the offence.

Mrs Larkin added: “He has contacted his sister and wife on the phone. He has pleaded guilty at the very first opportunity and he realises he shouldn’t have done it.”

Possession of phone in prison a 'serious offence'

Chairman of the bench Robert Ford called the possession of a phone a ‘serious offence’ and extended Caixeta’s imprisonment.

Mr Ford told him: “Holding a mobile phone is considered a very serious matter.

“We do accept what the defence said on your behalf saying it was not used for criminal purpose but to contact family.”

Caixeta was sentenced to another three months in prison, consecutive to his existing sentence, and was ordered to pay a £128 victim surcharge.

A forfeiture order was made for the iPhone.