A man who said Capt Sir Tom Moore should “burn auld fella, buuuuurn”, the day after the 100-year-old fundraising hero died, has been found guilty of sending a “grossly offensive” tweet.
Joseph Kelly, 36, posted on Twitter on February 3 last year that “the only good Brit soldier is a deed one, burn auld fella buuuuurn”.
Mr Kelly, of Castlemilk, Glasgow, was found guilty of sending the message after a trial at Lanark Sheriff Court, with Sheriff Adrian Cottam saying his “gratuitous insult” about Sir Tom was made “with only offence in mind”.
“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," Mr Cottam told Mr Kelly.
“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 Mr Cottam threatened to put Mr Kelly in the cells if he did not stop shaking his head as prosecutor Liam Haggert spoke about Sir Tom.
Cameron Smith, defending, had argued that the tweet could not be described as “grossly offensive”. While it might be “unpleasant” and “unsavoury”, he said, it did not pass the threshold.
Mr Smith told the hearing that the message was not about a protected characteristic, such as race, religion, or gender, and did not incite violence.
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British Army photo of Captain Tom Moore as a second lieutenant in 1941. Wikimedia Commons -
Captain Sir Tom Moore is seen during his appearance on the British television game show, 'Blankety Blank' in 1983. -
A violinist plays in front of a tribute to Captain Sir Tom Moore at Piccadilly Circus shortly after it was announced that he had died on February 2. Getty Images -
Captain Sir Tom Moore is pictured in Bedford, England. AP -
Flowers are seen at the entrance of The Coach House, the residence of Captain Sir Tom Moore, after his family announced that the centenarian fundraiser had died. Reuters -
Coventry City and Nottingham Forest players observe a minute's silence in memory of Captain Sir Tom Moore, who died after testing positive for Covid-19, before the Sky Bet Championship match at St. Andrew's Trillion Trophy Stadium, Birmingham. PA Photo -
Captain Sir Tom Moore in Marston Moretaine, England, attends the launch event for the Lloyd Scott Three Peaks Challenge in 2020. AP Photo -
Second World War veteran Captain Sir Tom Moore, who raised more than £33 million for the NHS during the coronavirus pandemic, died after being diagnosed with Covid-19. Getty Images -
Captain Sir Tom Moore poses for photographers to promote the launch of his book 'Tomorrow is a Good Day' at his home in Bedfordshire, Britain. EPA -
Captain Sir Tom Moore smiles as he launches his autobiography book 'Tomorrow will be a Good Day' at his home in Milton Keynes, Britain. Reuters -
Captain Sir Tom Moore, in the role of Chief Inspecting Officer, inspects junior soldiers at their graduation parade during a visit to the Army Foundation College in Harrogate, England. AP Photo -
British veteran Captain Sir Tom Moore. EPA -
A man walks past a large painting of Captain Sir Tom Moore in Southport, UK. Getty Images -
A poster supporting The Captain Tom Moore Foundation. Reuters -
Britain's Queen Elizabeth II awards Captain Tom Moore with the insignia of Knight Bachelor at Windsor Castle in 2020. Reuters -
Captain Tom Moore poses after being awarded the insignia of Knight Bachelor by Queen Elizabeth II. Reuters -
Mandy Alison adds to the thousands of birthday cards sent to Captain Tom Moore for his 100th birthday in April 2020. Getty Images -
A general view of thousands of birthday cards sent to Captain Tom Moore for his 100th birthday, displayed in the Hall of Bedford School, in the UK. Getty Images -
Then 99-year-old British veteran Captain Tom Moore with grandson Benji (L), daughter Hannah Ingram-Moore (2-R) and granddaughter Georgia (R) outside his home after completing the 100th length of his back garden. EPA -
Captain Sir Tom Moore poses for photographers to promote the launch of his book 'Tomorrow is a Good Day' at his home in Bedfordshire, Britain. EPA -
Captain Tom Moore poses for a photograph with cakes to celebrate his 100th birthday. AFP -
Artist Sam Bailey puts the finishing touches to a mural acknowledging the work being done by the NHS, emergency services and the fundraising exploits of Captain Tom Moore. Getty Images -
Captain Tom Moore was officially the oldest person to have a UK number 1 hit and the person who raised the most money from a charity walk. AFP -
A hand-knitted Christmas bauble of Captain Sir Tom Moore hangs on the village Christmas tree in the centre of Allington, Lincolnshire. Reuters
Moore, who captured the hearts of the nation with his fundraising efforts during the first coronavirus lockdown, died in Bedford Hospital on February 2 after testing positive for Covid-19.
He walked 100 laps of his garden before his 100th birthday, raising more than £32 million ($43m) for the NHS, and was knighted by Queen Elizabeth in recognition of his efforts.
Janet Hunter Jess, who saw the tweet, told the court of the hurt the message brought her.
“To see someone wishing British soldiers dead, it still hurts me," said Ms Hunter Jess, 72, whose family were in the armed services.
"It still hurts me that anybody would disrespect someone that had given their live for the country.”
Another person who saw the tweet, Luzier Jeffery, Mr Kelly’s neighbour at the time, said she was “shocked” when she saw the message.
“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," said Ms Jeffery, 51.
“If you have had anybody who fought for your country, it just left a bad taste.”
She said told the court that she spoke to Mr Kelly after he was arrested and he told her that he had “done a lot of stupid things in my time but that’s one of the worst”.
“He regretted it from what I can remember. It was a spur-of-the-moment [thing],” she said.
The charge under the Communications Act said that Mr Kelly made a post to the public using social media, which was “grossly offensive or of an indecent, obscene or menacing character, and that did utter offensive remarks about Capt Sir Tom Moore, now deceased”.
Mr Kelly has been released on bail and will appear before the court again in March for sentencing.
