‘Offensive’ Capt Tom tweet: Man avoids jail

Joseph Kelly, 36, posted on Twitter that “the only good Brit soldier is a deed one, burn auld fella buuuuurn” on February 3 last year.

Kelly, of Castlemilk, Glasgow, was found guilty of sending the message following a trial at Lanark Sheriff Court in January and returned to the court for sentencing yesterday.

Sheriff Adrian Cottam told Kelly he passed the “custody threshold” but there is a presumption against prison if there is an alternative.

He sentenced him to a community payback order comprising 18 months of supervision and 150 hours of unpaid work, and said the punishment should act as a deterrence to others.

Sheriff Cottam said: “My view is, having heard the evidence, that this was a grossly offensive tweet.

“The deterrence is really to show people that despite the steps you took to try and recall matters, as soon as you press the blue button that’s it.

“It’s important for other people to realise how quickly things can get out of control.

“You are a good example of that, not having many followers.”

Kelly’s defence agent Tony Callahan said the 36-year-old had only a handful of followers when he posted the tweet and did not realise how widely it would be shared.

He said Kelly quickly took steps to take down the tweet, which was only live for 20 minutes, and has since expressed regret and remorse.

Mr Callahan said: “He accepts he was wrong. He did not anticipate what would happen. He took steps almost immediately to delete the tweet but the genie was out of the bottle by then.”

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

He walked 100 laps of his garden before his 100th birthday, during the first coronavirus lockdown, raising more than £32 million for the NHS, and was knighted by the Queen in recognition of his efforts.