The Crown Prosecution Service is taking its appeal to the High Court on Wednesday to challenge the dismissal of a terrorism case against Kneecap rapper Liam Og O hAnnaidh. The hearing at the Royal Courts of Justice, starting at 10.30am, centers on what the CPS calls an "important point of law which needs to be clarified" regarding consent requirements in terrorism prosecutions.
O hAnnaidh, who performs as Mo Chara, had been accused of displaying a flag of the proscribed terror organisation Hezbollah at a November 2024 gig at the O2 Forum in Kentish Town, north London. Prosecutors alleged he was recorded wearing and displaying the Hezbollah flag and saying "up Hamas, up Hezbollah" during the performance.
Chief magistrate Paul Goldspring threw out the case last September. He ruled the proceedings were "instituted unlawfully" because the necessary consent from the Director of Public Prosecutions and Attorney General had not been granted within the six-month statutory time limit.
The legal dispute
The central issue is when consent must be obtained in terrorism cases. Police informed O hAnnaidh of the terror charge on May 21. Attorney General consent was given on May 22.
Goldspring ruled that consent must be granted at or before the issue of the requisition. He stated: "I find that these proceedings were not instituted in the correct form, lacking the necessary DPP and AG 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."
Prosecutors had argued consent was not required until the first court appearance. The CPS is now asking Lord Justice Edis and Mr Justice Linden to overturn that decision.
Band's response
Kneecap criticized the continuing legal action in a social media post after the CPS announced its appeal. The band stated: "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."
O hAnnaidh is opposing the appeal. The case involves Section 13 of the Terrorism Act 2000.
Note: This article was created with Artificial Intelligence (AI).
