Prosecutors appeal against decision to throw out terror case against Kneecap rapper

Kneecap's Liam Óg Ó hAnnaidh, aka Mo Chara, outside Woolwich Crown Court, London last month. Picture: Aaron Chown/PA Wire

Prosecutors in Britain will appeal against a court’s decision to throw out the terrorism case against Kneecap rapper Liam Óg Ó 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.

Britain's 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, Mr Ó hAnnaidh vowed the rap trio would “not be silenced”.

Chief magistrate Paul Goldspring agreed with Ó 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 the judgment comes as Attorney General Richard Hermer warned Robert Jenrick not to prejudice future proceedings against Ó hAnnaidh, asking him to “carefully consider any further public comments”.

Mr Jenrick had previously written to Mr 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 Ó hAnnaidh as “unlawful” as he dismissed the case while sitting at Woolwich Crown Court on September 26.

Prosecutors allege Ó 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 British prime minister “better luck next time”, adding: “Even if it had went to court we would have won anyway.”