A bid to overturn the decision to throw out the terrorism case against Kneecap rapper Liam Og O hAnnaidh is under way at the High Court in London.
The musician, who performs under the stage name Mo Chara, was accused of displaying a flag in support of Hezbollah – a proscribed terrorist organisation – at a gig at the O2 Forum in north London, on November 21, 2024.
The case was thrown out in September last year, with chief magistrate Paul Goldspring ruling the proceedings were “instituted unlawfully”. He had 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 terrorism offence.
That permission was given the following day, which the court was told meant the charge fell outside the six-month timeframe in which criminal charges can be brought. The Crown Prosecution Service (CPS) has appealed against the decision at the High Court, with O hAnnaidh opposing the move.
Protesters gathered outside the Royal Courts of Justice in central London to show their support to the rapper. A small stage was set up, with a sign reading “Kneecap Junction” also placed on the street outside the court, where protesters waved Irish and Palestinian flags. John Finucane, MP for North Belfast, addressed protesters from the stage and expressed support for O hAnnaidh.
Kneecap’s JJ O’Dochartaigh, whose stage name is DJ Provai, and manager Daniel Lambert were expected to attend the hearing in London.
Paul Jarvis KC, representing the CPS, said the Attorney General’s permission was in place before O hAnnaidh’s first court appearance on June 18, meaning the requirements were met. The barrister said in written submissions that the requirement for the Attorney General or Director of Public Prosecutions’ agreement applies “when the defendant appears before the magistrates’ court to answer the charge he faces”.
“That interpretation is consistent with the case law both before and after the introduction of that particular consent provision and applies irrespective of whether the offence is summary-only or indictable," Mr Jarvis added.
He said that, if the chief magistrate’s ruling was correct, it would probably mean proceedings would be “instituted” when written charges are issued, rather than when a defendant appears in court to answer the charge. “The appellant submits that that is an example of the tail wagging the dog," Mr Jarvis said.
However, Jude Bunting KC, representing O hAnnaidh, said Mr Goldspring’s findings were “unassailably correct”. Mr Bunting said in written submissions that "the answer to this appeal is straightforward".
"The necessary permission and consent were not provided at the time the proceedings were ‘instituted’," he added. "As such, the chief magistrate was plainly correct to hold that these proceedings were not instituted in the correct form within the six-month statutory time limit.”
The barrister later said written charges could lead to defendants pleading by post and never going to court in person.
Prosecutors alleged that O hAnnaidh could be seen in a recording of the show wearing and displaying a Hezbollah flag while saying “up Hamas, up Hezbollah”.
After the CPS announced its appeal, Kneecap posted a message on social media. “Once again, this is a massive waste of taxpayers’ money, of police time, of court time," they said. “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.”
The hearing before Lord Justice Edis and Mr Justice Linden is due to conclude on Wednesday.
