Let-off due to Brexit

Sheriff rules ‘political emotions were heightened’

‘Exceptional circumstances’

A SOCIAL worker was found guilty yesterday of making Facebook death threats to Boris Johnson – but effectively let off because of the heated political debate over Brexit.

Claudia Karl uploaded three posts referring to an ‘assassin’ and spy poisons which were needed for ‘hosting a Tory tea party’.

But the German national, who lives in Aberdeenshire, escaped with an absolute discharge – meaning her conviction will not appear on her record.

Sheriff William Summers said that he made the decision given the ‘exceptional circumstances’ and the ‘heightened political emotions’ nationally at the time.

Aberdeen Sheriff Court was told that the prosecution and defence agreed she had made the comments on social media last September – just days before the Prime Minister was due to visit Aberdeenshire.

The mother of four – also known as Claudia Walter – admitted posting the messages but denied it was criminally motivated.

The 54-year-old had previously said she was questioned by detectives at her home near Ellon over the remarks on Facebook on September 2.

Mr Johnson visited the area just days later as part of his campaigning in Scotland.

In joint evidence agreed by the prosecution and defence, submitted yesterday, the court heard Karl sparked a serious police response to three messages posted on the same day.

The court was told the first said: ‘Boris, I promise you today before you get the chance to deport me, you will be dead.’

The second said: ‘Wher (sic) the f*** is an assassin if you need one?’ The third said: ‘Where is a good shop to buy atomic 84.

‘Asking for a friend who is hosting a Tory tea party.’ Atomic 84 refers to polonium – the chemical element used in the killing of Alexander Litvinenko, a Russian former member of the KGB who had defected to MI6.

The Crown submitted the joint submission stating that Karl had sent the messages but then, unusually, brought forward no evidence or witnesses to the trial and immediately closed its case.

Liam Macallister, defending, said there was no case to answer, but Sheriff Summers rejected this.

In his closing statements to the court, Mr Macallister told the court there was no context to the messages and that ‘Boris’ could refer to anyone.

However, Sheriff Summers said: ‘How many others do you know that are called Boris and are linked to the Tory party?

‘And how many Borises do you know with the power to deport?’

Mr Macallister also submitted that the posts could not be proven to be threatening under the Communications Act under which Karl was charged.

He told the court that since his client had first been charged, she had faced her own online abuse.

He also said that her family had been threatened and that Karl was now considering leaving the United Kingdom. Mr Macallister added the remarks were made after reading a magazine article about EU immigrants and their status post-Brexit.

Making her submissions, fiscal depute Christy Ward said: ‘I don’t know how many Borises that are in the Tory party but I only know one that is Prime Minister.’

Sheriff Summers said he found Karl guilty of sending ‘menacing’ messages.

He said: ‘I’m satisfied beyond a reasonable doubt that these messages are menacing.

‘It is quite apparently menacing. It is a threat.’

Karl refused to comment when leaving court.