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 was accused of displaying a flag in support of proscribed terrorist organisation Hezbollah at a gig in November last year until a technical error in the way he was charged led to the chief magistrate ruling he could not try the case.
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”.
After the hearing in which the case was dismissed, O hAnnaidh, who performs under the stage name Mo Chara, vowed the rap trio would “not be silenced”.
Chief magistrate Paul Goldspring agreed with O hAnnaidh’s lawyers that prosecutors needed to seek the permission of the Attorney General to charge the rapper before informing him on May 21 that he would be charged with a terror offence.
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 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”.
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.”
He added: “You will be aware, not least from public reporting to this effect, that the CPS can still appeal the decision of the chief magistrate.
“Until a decision is taken on that question, and the prosecution is in fact finally resolved, I am sure you will carefully consider any further public comments to avoid any risk of prejudicing any future proceedings.
“I am also sure you will also agree that it makes sense to await the CPS’s decision on whether they intend to appeal, and the final resolution of any appeal before conducting any sort of post-mortem.”
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.”
