The Crown Prosecution Service has said it will appeal against the decision of the chief magistrate to throw out the 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 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.’
Liam Óg Ó hAnnaidh, 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
Videos emerged of a Kneecap gig at the O2 Forum Kentish Town in London in November 2024 where one of the band members allegedly shouted ‘up Hamas, up Hezbollah’, and was draped in a flag said to be in support of Hezbollah
It comes after the Attorney General warned Robert Jenrick to ‘carefully consider’ any public comments on the case to avoid prejudicing an appeal by prosecutors.
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.’
