Prosecutors will appeal against a court’s decision to throw out the terrorism case against Kneecap rapper Liam Og O hAnnaidh.
The 27-year-old, who performs under the stage name Mo Chara, was accused of displaying a flag in support of the terrorist group Hezbollah at a gig in November last year.
He was charged with a terrorism offence following the alleged incident during the concert at the O2 Forum Kentish Town ‘in such a way or in such a circumstance as to arouse reasonable suspicion that he is a supporter of a proscribed organisation’.
His defence lawyers argued that the terror charge should be thrown out because the Attorney General, Richard Hermer, did not officially grant formal approval before police charged Mr Ó hAnnaidh with a terrorism-related offence on May 21.
Chief Magistrate Paul Goldspring ruled that the proceedings were ‘invalid’ and ‘unlawful’ as the charging decision was made by blundering Crown Prosecution Service (CPS) officials before the correct permissions had been sought.
There were cheers at Woolwich Crown Court as the case, which focussed on a video which allegedly also saw the rapper chant ‘up Hamas, up Hezbollah’, was dismissed.
In his judgment, Mr Goldspring said: ‘These proceedings were instituted unlawfully and are null.’
The senior district judge added that the CPS, funded by the taxpayer, should have to pay for Mr Ó hAnnaidh’s legal costs because proceedings were unlawful.
While Kneecap and their supporters celebrated the verdict, the Campaign Against Antisemitism said it was a ‘humiliating debacle’ of ‘utter incompetence’, adding that ‘heads must roll.’
In a short statement issued today, the CPS said it would be appealing against the decision because ‘we believe there is an important point of law which needs to be clarified’.
It is understood the CPS’s position is that permission only needed to be obtained before his first court hearing, which took place around a month later.
The decision to appeal the judgment comes as Attorney General Lord Hermer warned Robert Jenrick not to prejudice future proceedings against O hAnnaidh, asking him to ‘carefully consider any further public comments’.
In a letter to Mr Jenrick – sent before the CPS announced its decision – Lord Hermer suggested the shadow justice secretary ‘carefully consider any further public comments to avoid any risk of prejudicing any future proceedings’.
Mr Jenrick had previously written to the Attorney General calling for an urgent inquiry into the issue, claiming it ‘raised serious questions about the competence of all those involved’.
Responding, Lord Hermer wrote: ‘I share your disappointment in the outcome of the ruling. As I understand, you now accept that your original interpretation of what took place was incorrect, based on your changing public statements last week.
‘I am sure you are aware it is important for all senior politicians to ensure their public statements are supported by a basic understanding of the facts and the potential impact of their words on legal proceedings.’
Throughout the legal process, Ó hAnnaidh was assisted in court by an Irish translator.
Speaking outside court after the verdict, he said: ‘This entire process was never about me, never about any threat to the public and never about ‘terrorism’, a word used by your government to discredit people you oppress.
‘It was always about Gaza. About what happens if you dare to speak up. As people from Ireland we know oppression, colonialism, famine and genocide.
‘We have suffered and still suffer under ‘your empire’. Your attempts to silence us have failed, because we are right, and you are wrong. We will not be silent.
‘We said we would fight you in your court and we would win. We have. If anyone on this planet is guilty of terrorism, it is the British state. Free Palestine!’
A spokesman for Campaign Against Antisemitism said of the decision to throw out the case against Ó hAnnaidh: ‘This is a matter of utter incompetence by the authorities.
‘What good is our criminal justice system if it cannot get its act together in the case of a man standing draped in the flag of a proscribed terrorist organisation that wants to annihilate all Jews shouting ‘Up Hamas, up Hezbollah’?
‘Heads must roll over this humiliating debacle.’
But Northern Ireland’s First Minister Michelle O’Neill quickly welcomed the verdict.
‘All charges have been dropped against Kneecap’s Mo Chara. I strongly welcome this decision,’ she posted on X.
‘These charges were part of a calculated attempt to silence those who stand up and speak out against the Israeli genocide in Gaza.
‘Kneecap have used their platform on stages across the world to expose this genocide, and it is the responsibility of all of us to continue speaking out and standing against injustice in Palestine.’
The group’s manager, Daniel Lambert, wrote on X: ‘We have won!!!!!! Liam Óg is a free man. We said we would fight them and win. We did. (Twice).
‘Kneecap has NO charges OR convictions in ANY country, EVER. Political policing has failed. Kneecap is on the right side of history. Britain is not. Free Palestine.’
Kneecap was the subject of further controversy in April after video footage emerged of one of its members telling an audience to ‘kill your local MP’ during a gig in November 2023.
The group is made up of Naoise Ó Caireallain, Liam Óg Ó hAnnaidh and JJ Ó’Dochartaigh.
They told the crowd: ‘We’re still under British occupation in Ireland.
‘We still have old men in London making decisions that affect my life in Ireland. And even worse, they’re f***ing Tories.
‘The only good Tory is a dead Tory. Kill your local MP.’
