Captain Sir Tom Moore: Man guilty of 'grossly offensive' tweet

Captain Sir Tom Moore died in hospital after testing positive for Covid

A man has been found guilty of posting a "grossly offensive" tweet about the death of fundraising hero Captain Sir Tom Moore.

Joseph Kelly, from Castlemilk, Glasgow, had denied the disrespectful nature of the message on 3 February last year.

But Kelly, 36, was found guilty by Sheriff Adrian Cottam and released on bail ahead of sentencing in March.

Captain Sir Tom raised more than £32m for the NHS after he walked 100 laps of his garden before his 100th birthday.

The veteran captured the hearts of the nation and was knighted by the Queen in recognition of his efforts.

• Captain Sir Tom Moore: 'National inspiration' dies with Covid-19

• Capt Sir Tom Moore: How the retired Army officer became a nation's hero

Sheriff Cottam told Lanark Sheriff Court that Kelly's "gratuitous insult" about Sir Tom was made "with only offence in mind".

He added: "This is a man who had become known as a national hero, who stood for the resilience of the people of a country struggling with a pandemic and the services trying to protect them.

"His statute and the view of society towards him must be looked at in that light and therefore any comment likewise.

"What the accused chose to write, when and how it was said, can only be regarded as grossly offensive."

At one point in the trial the sheriff threatened to put Kelly in the cells if he did not stop shaking his head as prosecutor Liam Haggert spoke about Sir Tom.

The charge, under the Communications Act, alleged Kelly made a post to the public using social media that was "grossly offensive or of an indecent, obscene or menacing character, and that did utter offensive remarks about Captain Sir Tom Moore, now deceased".

'Shocked'

Janet Hunter Jess, who saw the tweet, told the court of her hurt at reading the message.

The 72-year-old, whose family served in the armed forces, said: "It still hurts me that anybody would disrespect someone that had given their life for the country."

Another person who saw the tweet, Luzier Jeffery, Mr Kelly's former neighbour, said she was "shocked" when she saw it.

The 51-year-old told the court: "First of all, the gentleman in question had done so much to raise awareness and funds for the NHS in England and became a bit of a national hero at the time, but then the fact it referred to British soldiers as well.

"If you have had anybody who fought for your country, it just left a bad taste."

'Spur of the moment'

She said she spoke to Mr Kelly after he was arrested, claiming he told her he had "done a lot of stupid things in my time but that's one of the worst".

Ms Jeffery added: "He regretted it from what I can remember, it was a spur of the moment."

Cameron Smith, defending, told the court that the tweet could not be described as "grossly offensive", arguing that while it might be "unpleasant" and "unsavoury", it did not pass the threshold.

He told the trial that the message was not about a protected characteristic, such as race, religion, or gender, and did not incite violence.

Sir Tom died in Bedford Hospital on 2 February last year after testing positive for Covid-19.

He walked 100 laps of his garden in Marston Moretaine, Bedfordshire, before his 100th birthday, raising more than £32m for the NHS, and was knighted by the Queen in recognition of his efforts.