Crown Prosecution Service to appeal decision to throw out terror case against Kneecap rapper

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.

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 last year.

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, O hAnnaidh vowed the rap trio would “not be silenced”, emphasising 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 O 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.

“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”.

Following the hearing, a Metropolitan Police spokesperson said: “We will work with the Crown Prosecution Service to understand the potential implications of this ruling for us and how that might impact on the processing of such cases in the future.”

The case against O hAnnaidh was widely followed as over a hundred supporters waved Palestinian flags as he left the court room, displaying banners which read “defend Kneecap, drop the charges”.

Taking to a temporary stage set up outside the court precincts, O hAnnaidh 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.” He continued: “Your attempts to silence us have failed because we’re right and you’re wrong. We will not be silent.

“We said we would fight you in your court and we would win. Today, we have.

“If anyone on this planet is guilty of terrorism, it’s the British state. Free Palestine.”

This is a breaking news story, more to follow…