Court Dismisses Terror Charge Against Kneecap Rapper, Citing Unlawful Proceedings
A terror charge against Liam Og O hAnnaidh, a member of the Irish rap group Kneecap, has been dismissed after a judge ruled the proceedings were “instituted unlawfully and are null.”
The 27-year-old musician, who performs under the stage name Mo Chara, appeared at Woolwich Crown Court on a single charge relating to an alleged offence under the Terrorism Act.
The charge stemmed from an incident at a Kneecap gig at the O2 Forum in Kentish Town, north London, in November of last year. Mr O hAnnaidh had been accused of displaying a flag in support of the proscribed organisation Hezbollah. He had been on unconditional bail since his first court appearance in June.
However, the case concluded abruptly on Thursday after Chief Magistrate Paul Goldspring upheld a legal challenge from the defence. The judge clarified that the hearing was not to determine guilt or innocence, but to decide whether the court had the legal jurisdiction to hear the case.
A Question of Jurisdiction
Mr Goldspring agreed with arguments put forward by Mr O hAnnaidh’s legal team. They contended that the necessary consent from both the Director of Public Prosecutions (DPP) and the Attorney General (AG) had not been obtained when police informed the defendant of the charge on 21 May.
The prosecution had argued that such permission was only required by the time of the first court appearance. However, the chief magistrate rejected this, stating that the consent must be granted at or before the issue of the requisition within a six-month statutory time limit. He described the prosecution’s arguments as defying “logic.”
In his ruling, Mr Goldspring 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. Consequently, the charge is unlawful and null and this court has no jurisdiction to try the charge.”
“You are free to go”
Following his ruling, the judge turned to the defendant and said, “Mr O hAnnaidh, you are free to go.” The declaration was met with cheers and applause from supporters in the public gallery, which included the rapper’s parents, prompting a court official to request that celebrations continue outside.
Mr O hAnnaidh, who had confirmed his name and address in Irish at the start of the hearing with the aid of an interpreter, was therefore discharged.
The decision was swiftly welcomed by Northern Ireland’s First Minister, Michelle O’Neill. In a statement on social media, she said: “I welcome the decision to dismiss the charges against Mo Chara of Kneecap. These charges were part of a calculated attempt to silence those who stand up and speak out against the Israeli genocide in Gaza.”
She added that it was a “responsibility of all of us to continue speaking out and standing against injustice in Palestine.”
