Man who sent ‘kill the Jews’ messages to MP jailed for eight weeks

Judge Kitson noted how Smith told arresting police officers he was exercising his freedom of speech.

The judge told him: “Whilst we all enjoy freedom of speech in this country, it is a qualified right.”

He said: “The targeting of people because of their religion is simply not permissible.”

And the judge said: “Where an MP is targeted that must mean, in my judgment, high culpability.”

He said: “By targeting an MP, that undermines the democratic process and democratic institutions in this country.”

Judge Kitson added: “We are all aware that in recent times, sadly, at least two Members of Parliament have lost their lives after being targeted by fanatical individuals – one very close to this particular area.”

This was an apparent reference to the murder of MP Jo Cox in Birstall, West Yorkshire, in 2016.

Judge Kitson said the messages had “quite clearly” led the Labour MP to become concerned, especially for the safety of his family.

Quoting a pre-sentence probation report, the judge said Smith showed little or no remorse for what he had done.

He said the report also said he “didn’t care about the impact on Mr Sobel as he doesn’t know him and he dislikes MPs in general”.

The judge said Smith should be jailed for 10 weeks but dropped this to eight weeks as an “act of mercy” after hearing about his health problems.

He told the defendant he will serve 40 per cent of this sentence under the current prison release regime.

Smith, who lives in Sobel’s Leeds constituency, pleaded guilty to sending a malicious communication at a previous hearing.

He was also made subject to a restraining order which prevents him from contacting Sobel, unless it is about genuine constituency business, or going near his office.

Tal Spiegel, defending, told the court his client was very interested in politics, especially the war in Gaza, and suggested Smith’s isolated lifestyle, “sat in front of his TV”, meant he had nobody to warn him about messaging in the way he did.

Asking the judge to spare Smith from prison, Spiegel said his client had not done anything similar in the last 21 months.

He said it was a “one-off incident” and his client had now reflected on the fact that “being intoxicated is not a defence in law”.

The solicitor said Smith now understands the “difference between being Israeli and Jewish” and that “attacking the state of Israel is one thing, but attacking the faith is a different thing”.

Sobel said after the hearing: “I would like to thank West Yorkshire Police for their work on this case and for the support they have shown to me and my team.

“I hope Mr Smith is able to move forward with his life, make positive changes, and access the support he needs to do so.”

Dave Rich, director of policy at Community Security Trust (CST), which provides protection for Jewish communities in the UK, said: “CST welcomes the conviction of Kevin Smith for sending hundreds of antisemitic and threatening messages to Alex Sobel.

“Smith’s actions intended to cause distress to Mr Sobel and his family, and such behaviour should have no place in our society.

“The right to hold politicians to account can never justify racist abuse of this nature.

“If anything, this kind of behaviour undermines our democratic system, and we thank the CPS and police for their work in securing this conviction.”

Senior Crown Prosecutor Claire MacDonald said: “The right to freedom of expression does not extend to sending grossly offensive and menacing messages.

“Criminal offences committed against MPs imperil both the democratic process and our public service, and the antisemitic abuse subjected to Mr Sobel and his staff was simply unacceptable.

“Parliamentarians, like everyone else, should never have to work or live in fear and the CPS will not hesitate to prosecute offenders who seek to harm and intimidate them.”