Tony Greenstein was expelled from the Labour Party on Sunday, which many have attributed to his long history of anti-Semitic comments. However, the case put forward by the party's lawyer shows that he was not expelled him for being an anti-semite.

Activist Tony Greenstein was expelled from the Labour Party on Sunday – but documents seen by Red Roar reveal a string of antisemitic comments played no part in the decision to remove him.

The case put forward by lawyers acting for the National Executive Committee, the party’s ruling body, made clear that the main charges against Greenstein were not related to allegations of antisemitism.

The legal document setting out its case says: ‘This is not…..a case about Mr Greenstein’s right to hold his ‘anti-Zionist’ views, or about whether Mr Greenstein is an antisemite.’

Greenstein was accused by party bosses of posting offensive comments on his website and on social media, as well as using offensive language in a letter to general secretary Iain McNichol that was also sent to journalists.

The charges were upheld by Labour’s National Constitutional Committee.

Party lawyers highlighted multiple instances in which Greenstein used ‘zio’ – an antisemitic term – but said ‘the NEC does not otherwise allege that Mr Greenstein’s conduct was antisemitic.’

They also made it clear that another comment made by Greenstein – ‘Gay Zionists make me want to puke,’ – fell foul of party rules, but not because it is antisemitic.

The legal document explained:

‘Mr Greenstein is entitled to argue that it is inconsistent for people who are gay to be Zionist,’ but added ‘it is not in the spirit of solidarity, tolerance, and respect,’ outlined in Clause IV of the Party’s constitution, for him to say they make him want to puke.’

The Vice-Chair of Labour Against the Witchhunt, who became a member of the Labour Party in October 2015, also made a number of comments regarding Labour figures which the NEC claimed were offensive, including:

‘John Mann is addicted to 2 murder and racism’

‘Janus faced whore’ regarding Owen Jones

‘Louise Ellman – supporting Israeli child abuse’

‘I classify someone like C Ummuna as white politically’

Tweeting a Party member, ‘fuck off Progress twat’

The NCC agreed they he violated party rules by posting them.

The final charge against Greenstein concerned the e-mail he sent to Labour’s General Secretary, Iain McNichol, which used the phrase ‘final solution’. In the letter, which was copied to journalists, he joked that ‘all membership applications and nominations for Party office or for Labour candidacies should first be submitted for approval to the Israeli embassy’.

The NEC argued this was in poor taste and offensive to the Labour Party because it characterised the party as ‘no more than an agent of the Israeli state’. Again, the NEC did not allege any comments in the email were antisemitic.

The National Constitutional Committee, which is the ultimate arbiter of all party disciplinary disputes, upheld all three charges.

The NCC’s members include the Vice-Chair of Momentum, Emina Ibrahim.