A trainee teacher who trolled a Jewish man saying he should have been killed in the Holocaust has avoided prosecution because he sent the vile messages while on holiday.
Chelsea FC fan Sam Mole sent a series of hate-filled tweets to Jewish freelance journalist Dan Levene for reporting on antisemitism during matches at Stamford Bridge.
A series of ‘appalling blunders’ and time delays by police meant he could not be charged with harassment.
He was then taken to court over the lesser charge of sending racially or religiously aggravated malicious communications.
But a judge ruled that he could not be punished for the charge after discovering the offensive tweets had been sent by Mole from Australia while he was on holiday.
Under UK law an offence is only triable in the jurisdiction in which it took place, meaning Mole could not be punished in a British court after sending the tweets from abroad.
Sam Mole, from Kettering, Northants, (pictured left) sent a series of hate-filled tweets to Jewish freelance journalist Dan Levene (pictured right)
Mole of Kettering, Northants, first started sending Levene the abuse after he tweeted in opposition to racist chanting during matches in October 2019.
In one message, he replied to a post by Levene that stated six million Jews were killed in the Holocaust.
Mole replied: ‘And unfortunately one of them killed wasn’t you.’
The 20-year-old also commented on a post by Levene about his uncle’s funeral saying: ‘Shame it’s your uncle that died and not you, you speccy c**t.’
Chelsea fan Mole, who described himself online as a ‘coke-sniffing apprentice tommy boy’ on his now deleted Twitter account, also sent other tweets containing obscenities and homophobic remarks.
He continued on a separate account when he was banned from Twitter by the platform.
But he avoided punishment after it came to light that he had been on holiday in Australia at the time of sending the tweets.
Chelsea fan Mole described himself online as a ‘coke-sniffing apprentice tommy boy’ on his now deleted Twitter account (pictured)
In one tweet, Mole told Mr Levene he should have been killed by the Nazis during the Holocaust (pictured right), and in another he replied to a post about the journalist uncle’s funeral saying Mr Levene should have died (pictured left)
It meant he could not be handed any punishment in a British court.
Mole admitted to police that he had sent the abusive tweets, but on February 18 he was found not guilty at Leicester Magistrates Court as a result of the technicality.
Frustrated judge Nick Watson handed him a three year restraining order, telling Mole: ‘The law prohibits me from punishing you.’
He went on to state it was ‘unpalatable’ Mole had ‘escaped the consequences of his actions even though the impact of the offence was clearly felt.’
The judge said the tweets ‘undoubtedly caused deep offence’ and that it was ‘clear the sender’s intention was for the person receiving them to be distressed’.
He added that ‘most would think sending them should be an offence, whether the sender is in this country or abroad.’
The Judge went on to tell Mole: ‘You can regard yourself as fortunate the law prohibits me from punishing you for an offence most people would say for which you should be punished.’
As well as the fact Mole was on holiday during the time he sent the messages being overlooked, police made other errors.
Mole was originally supposed to be charged with harassment but because two different police forces took so long to decide who was going to log the crime, the time frame for charging Mole with harassment ran out.
The case was then taken to the Crown Prosecution Service on a lesser charge, another fact the judge remarked affected the ability to issue a punishment.
The Campaign Against Antisemitism called the case ‘an appalling blunder by the police’.
After Mole escaped punishment, Mr Levene posted: ‘Something needs to change’ on Twitter
A spokesman added: ‘The result is that a defendant who broke the law and should have been punished has escaped justice.
‘We will be raising this failure with the police forces in question and have contacted Chelsea to ask that the perpetrator be excluded from matches.
‘It is no surprise that three in five British Jews believe that the authorities are not doing enough to address and punish antisemitism, when the justice system can fail so spectacularly as it has here.
‘In addition to highlighting this outrageous instance of police inaction, it also shows how Britain’s antiquated laws are unfit for dealing with online crime.
‘The Online Harms Bill must be expedited through Parliament.’
Despite the lack of punishment, Mole was issued a three-year restraining order prohibiting him from directly or indirectly contacting Levene, posting messages about him on social media or encouraging others to do so.
The CAA is set to take the matter up with the Teaching Regulation Agency and Mole’s favourite football club has also launched an investigation into him.
After the hearing, Mr Levene – who reports on Chelsea FC – said: ‘A court has issued a three year restraining order against Sam Mole, 20, of Kettering, after he tweeted that I should have been murdered by the Nazis.
‘But Mole escaped a criminal record on a technicality. Chelsea FC are now investigating his behaviour.
‘Something needs to change. This young man is not the disease. He’s merely a symptom of it.
‘The radicalisation of people like Mole, though support of this football club, is the real issue here. Something needs to change. Listening Chelsea FC?’
A Chelsea club spokesman said: ‘Now that the criminal proceeding has concluded, Chelsea will conduct its own investigation of the incident to determine whether club action is appropriate.’