A tweet which claimed “the only good Brit soldier is a deed one” posted the day after fundraising hero Captain Sir Tom Moore died “left a bad taste”, a court has heard.
Joseph Kelly, 36, has gone on trial at Lanark Sheriff Court, where he denies the “grossly offensive” nature of the message, which was on February 3 last year.
The Tweet, posted to the social network, said “the only good Brit soldier is a deed one, burn auld fella buuuuurn”.
The charge, under the Communications Act, alleges that 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”.
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: “To see someone wishing British soldiers dead, it still hurts me. 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, Kelly’s then-neighbour, said she was “shocked” when she saw it.
“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,” the 51-year-old told the court.
“If you have had anybody who fought for your country, it just left a bad taste.”
She said she spoke to 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”.
“He regretted it from what I can remember, it was a spur of the moment,” she told Lanark Sheriff Court.
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, like race, religion, or gender, and did not incite violence.
Sir Tom, 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 for the NHS, and was knighted by the Queen in recognition of his efforts.
At one point in the trial, Sheriff Adrian Cottam threatened to put Kelly in the cells if he did not stop shaking his head as prosecutor Liam Haggert spoke about Sir Tom.
The trial continues.
