Trial of man accused of sending ‘grossly offensive’ Captain Tom tweet delayed

Joseph Kelly, 35, denies sending ‘indecent, obscene or menacing’ message day after WWII veteran’s death

People walk past a mural of Captain Sir Tom Moore by by Street artist Akse P19 in Manchester's North Quarter (Peter Byrne/PA Wire/PA Images)

The trial of a man who allegedly sent an offensive tweet about Captain Sir Tom Moore the day after his death has been pushed back by several months.

Joseph Kelly, 35, denies sending the message “of an indecent, obscene or menacing character” about the NHS fundraising centenarian on 3 February – the day after his death.

Kelly, of Castlemilk, Glasgow, is on bail and was not present for the hearing at Lanark Sheriff Court on Wednesday.

The original trial date of 17 June has now been pushed back to 7 October.

Captain Sir Tom Moore, who captured the nation’s hearts as he raised more than £30 million for the NHS last year, died at the age of 100 on 2 February.

The day after, Kelly is accused of having tweeted: “The only good Brit soldier is a deed [sic] one, burn auld fella, buuuuurn”.

He was later charged under the Communications Act, which criminalises electronic communications that are “grossly offensive or of an indecent, obscene or menacing”.

The charge reads: “On February 3 2021 at Waverly Court, Lanark, you Joseph Kelly did cause to be sent by means of a public electronic communications network 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.”

Another pre-trial hearing will be held on 22 September, Sheriff Nikola Stewart said.