Prosecutors will appeal against a court’s decision to throw out the terrorism case against Kneecap rapper Liam Og O hAnnaidh.
A terrorism case against the rapper was thrown out following a technical error in the way the charge against him was brought.
The 27-year-old from Belfast, who performs under the stage name Mo Chara, was accused of displaying a flag in support of proscribed terror organisation Hezbollah at a gig at the O2 Forum in Kentish Town, north London, in November 2024.
The Crown Prosecution Service said in a short statement it would be appealing against the decision because “we believe there is an important point of law which needs to be clarified”.
Following the hearing in which the case was dismissed, Ó hAnnaidh vowed the rap trio would “not be silenced”, saying that the process was not about him, but instead about Gaza.
Chief magistrate Paul Goldspring, who sat at Woolwich Crown Court on 26 September, had said the charge brought against Ó hAnnaidh was “unlawful” and that he had no jurisdiction to try the case.
His ruling agreed with O hAnnaidh’s lawyers, who argued that the Attorney General had not given permission for the case to be brought against the defendant when police informed him he was to face a terror charge on 21 May.
Concluding the reasons for his decision, the chief magistrate said: “I find that these proceedings were not instituted in the correct form, lacking the necessary DPP (Director of Public Prosecutions) and AG (Attorney General) consent within the six-month statutory time limit.
“The time limit requires consent to have been granted at the time or before the issue of the requisition,” he continued. “Consequently the charge is unlawful and null and this court has no jurisdiction to try the charge.”
Prosecutor Michael Bisgrove previously told a court that permission from the DPP and AG was not required until the defendant’s first court appearance and that permission did not need to be sought in order to bring a criminal charge.
The chief magistrate dismissed the arguments, telling the court they “defy logic”.
The decision to appeal against the judgment comes as Attorney General Lord Hermer warned shadow justice secretary Robert Jenrick not to prejudice future proceedings against O hAnnaidh, asking him to “carefully consider any further public comments”.
Mr Jenrick had previously written to Lord Hermer calling for an urgent inquiry into the issue, claiming it “raised serious questions about the competence of all those involved”.
The chief magistrate labelled the decision to charge O hAnnaidh as “unlawful” as he dismissed the case while sitting at Woolwich Crown Court on September 26.
Prosecutors allege O hAnnaidh can be seen in a recording of a gig at the O2 Forum in Kentish Town, north London, which shows him wearing and displaying the flag of Hezbollah while saying “up Hamas, up Hezbollah”.
After the hearing last month, he said: “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.”
In an interview with Virgin Media News, the rapper told the Prime Minister “better luck next time”, adding: “Even if it had went to court we would have won anyway.”
