The UK Crown Prosecution Service’s (CPS) appeal against a judge’s decision to throw out the terrorism case against Kneecap rapper Liam Óg Ó hAnnaidh has concluded at the London high court.
At the end of the hearing, Lord Justice Edis, sitting with Mr Justice Linden, said: “You have obviously given us a great deal to think about. We will be reserving judgment.”
Bandmate JJ Ó’Dochartaigh, whose stage name is DJ Próvai, thanked protesters who stood outside the building all day in support.
Mr Ó hAnnaidh, who performs under the stage name Mo Chara, was accused of displaying a flag in support of proscribed terror organisation Hizbullah at a gig at the O2 Forum in Kentish Town, north London, on November 21st, 2024.
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The case was thrown out in September last year, with chief magistrate Paul Goldspring ruling the proceedings were “instituted unlawfully”.
Judge Goldspring had agreed with Mr Ó hAnnaidh’s lawyers that prosecutors needed to seek the permission of the attorney general to charge the rapper before informing him on May 21st that he would be charged with a terror offence.
This permission was given the following day, which the court heard meant the charge fell outside the six-month time frame in which criminal charges against a defendant can be brought.
The CPS is appealing against the decision at the high court, with Mr Ó hAnnaidh opposing the appeal.
Paul Jarvis KC, for the CPS, said the attorney general’s permission was in place before Ó hAnnaidh’s first court appearance on June 18th, meaning the requirements were met.
The barrister said in written submissions that the requirement for the attorney general or director of public prosecutions’ agreement applies “when the defendant appears before the magistrates’ court to answer the charge he faces”.
The barrister said that if the chief magistrate’s ruling was correct, it would likely mean proceedings would be “instituted” when written charges are issued, rather than when a defendant appears at court to answer the charge.
Mr Jarvis said: “The appellant submits that that is an example of the tail wagging the dog.”
However, Jude Bunting KC, for Mr Ó hAnnaidh, told the high court that the technical issues which led to the terrorism charge against the rapper being thrown out “arose because of human error”.
Mr Bunting said that when seeking the attorney general’s permission, prosecutors “were at that stage believing” that the time limit expired on May 22nd.
“The problem that arose here is unlikely to ever arise again ... This court should not be too cowed by the implications on other kinds of cases,” he said.
Prosecutors had alleged Mr Ó hAnnaidh could be seen in a recording of the gig in 2024 wearing and displaying the flag of Hizbullah while saying “up Hamas, up Hizbullah”.
After the CPS announced its appeal, Kneecap said in a social media post: “Once again, this is a massive waste of taxpayers’ money, of police time, of court time.
“Once again, there are endless news reports about Mo Chara, about Kneecap, but we are NOT the story. We will fight you in your court again. We will win again.” – PA
