Joseph Kelly Wiki – Joseph Kelly Bio
Joseph Kelly, who said Captain 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.
He posted on the social network Twitter on February 3 last year that “the only good Brit soldier is a deed one, burn auld fella buuuuurn.”
Kelly, of Castlemilk, Glasgow, was found guilty of sending the “grossly offensive” message following a trial at Lanark Sheriff Court – with Sheriff Adrian Cottam saying his “gratuitous insult” about Sir Tom was made “with only offence in mind.”
He is 36 years old.
Sheriff Cottam told Kelly: “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 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.
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 previously denied the disrespectful nature of the message last year.https://t.co/iaHKxDR4rw
— BBC Scotland News (@BBCScotlandNews) January 31, 2022
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.
He told the hearing that the message was not about protected characteristics like race, religion, or gender and did not incite violence.
Sir Tom, who captured the nation’s hearts 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 to recognize his efforts.
Janet Hunter Jess told the court of her hurt at the message, one person who saw the tweet.
The 72-year-old, whose family served in the armed forces, said: “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 neighbour at the time, said she was “shocked” when she saw the message.