A prison guard caught a Derbyshire prisoner with a mobile phone in his cell just as he was about to tell him he would be released early.

The officer was about to inform Thomas Pearson he was being considered for early release from his four-year drug dealing convictions when he entered his cell at HMP Sudbury.

Derby Crown Court heard how the guard caught the 24-year-old former university student talking to someone despite being alone in his cell.

Pictured is HMP Sudbury
Pictured is HMP Sudbury

When the guard went in, he heard a vibrating sound coming from under the pillow of Pearson’s bed and discovered the HTC phone, which is illegal to have behind bars.

The court heard how, at the time of the offence, on July 9, Pearson was 13 months into his sentence.

But his good behaviour while he was jailed meant he was considered for release before the end of his sentence in June next year.

Now he has been moved to a higher security HMP Nottingham from Sudbury and has been told it will be next June before he is let out.

Handing him a 10-month term, Recorder Sally Hancox said: “I don’t think you need a crown court judge to tell you what appalling timing the detection of this phone was for you.

Mohammed Dar was sentenced at Derby Crown Court
Derby Crown Court

“You are not an unintelligent man and you know having a mobile phone in prison is illegal. I have been to open prisons and the signs telling you this are everywhere.

“Mobiles are a prized possession inside prison because they can be used for criminal enterprise or to harass and interfere with justice.

“I know you were on the phone to your girlfriend, no doubt about going home and how much you were looking forward to it. Now that has gone out of the window.”

Sam Coe, prosecuting, said the prison guard was on his way to his cell around 8.20am on July 9 when he heard Pearson talking to someone.

He said: “He opened the door and as he walked into the cell could hear a vibrating noise coming from under the pillow on the bed.

“He asked the defendant who the phone belonged to and he said it was not his and that he was holding it for someone else.”

Pearson, formerly of HMP Sudbury and now of HMP Nottingham, pleaded guilty to possessing a prohibited item in prison.

Dan Church, mitigating, said there was no evidence his client was using the mobile for any criminal purpose.

He said: “There was an absence of sophistication in that he was heard talking to someone and then did not have the wherewithal to turn it off vibrate.

“His explanation is that he wanted to speak to his girlfriend who lives two-and-a-half hours away and that means it is difficult for her to come and see him.

“At the time of his conviction he was studying at Southampton University and he is an intelligent young man who has continued his education while in prison.

“The irony is that the officer was on his way to the cell to talk to him about being release early on licence.