Prosecutors have said they will appeal against the chief magistrate’s decision to throw out a terrorism charge against the Kneecap rapper Liam Óg Ó hAnnaidh.
The 27-year-old, known as Mo Chara, had been charged with a terrorism offence for allegedly displaying a Hezbollah flag at a gig at the O2 Forum in Kentish Town, north London, last November.
But last month Paul Goldspring, sitting at Woolwich crown court, agreed with Ó hAnnaidh’s defence team, who had argued there was a legal mistake in the way the charge was brought against him.
In a short statement, a Crown Prosecution Service (CPS) spokesperson said: “We are appealing the decision to dismiss this case as we believe there is an important point of law which needs to be clarified.”
Brenda Campbell KC, representing Ó hAnnaidh, argued that the attorney general, Richard Hermer, had not given permission for the case to be brought against the defendant when police informed him he was to face a terrorism charge on 21 May and so it was outside the six-month statutory time limit.
The CPS position, which it made at trial, is that the appropriate permission from the attorney general only had to be obtained by the point at which the case proceeded in court, and therefore it was not necessary at the point at which the charge was issued.
Goldspring rejected its arguments at trial, saying they “defy logic”. He ruled that the charge was “null” and “unlawful”. After the chief magistrate’s decision, Ó hAnnaidh, who was referred to by his anglicised name, Liam O’Hanna, in court documents, told dozens of his supporters who had gathered outside: “This entire process was never about me. It was never about any threat to the public, it was 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.” He accused the British government of attempting to silence the band.
Responding to the impending appeal, Kneecap said: “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.”
Goldspring’s decision was welcomed by Northern Ireland’s first minister, Michelle O’Neill, in a post on X. She said: “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.”
Kneecap were also investigated by police for their 28 June performance at Glastonbury festival, where they led a packed crowd in chants such as “Fuck Keir Starmer”. However, Avon and Somerset police said in July that no further action would be taken “on the grounds there is insufficient evidence to provide a realistic prospect of conviction for any offence”.
Kneecap said it had been plain that no law was broken in their performance at Worthy Farm, accusing police of making a political decision to open an investigation, describing it as “state intimidation”.
