The trial of a man accused of sending a “grossly offensive” tweet about Captain Sir Tom Moore the day after his death is to go ahead next month.

       Joseph Kelly, 36, has pleaded not guilty to sending the message about the fundraising centenarian on February 3 this year.

       The tweet said “the only good Brit soldier is a deed one, burn auld fella buuuuurn”.

       At a hearing at Lanark Sheriff Court in November, the 36-year-old’s defence advocate Cameron Smith argued that prosecuting Kelly could breach his human rights.

       Captain Sir Thomas Moore was knighted by the Queen (Chris Jackson/PA)

       (PA Archive)

       However, at a further hearing at the court on Thursday, Sheriff Adrian Cottam continued the case to trial on January 31.

       Kelly, of Castlemilk, Glasgow is on bail and was not in court for the hearing.

       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”.

       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.