Kneecap’s Mo Chara won’t be facing a terrorism charge after the high court rejected an appeal by the Crown Prosecution Service.
The rapper, whose real name is Liam Óg Ó hAnnaidh, was charged with the offence for allegedly displaying the flag of Hezbollah – a proscribed organisation – and shouting “Up Hamas, up Hezbollah,” during a gig at London’s O2 Forum Kentish Town on November 21, 2024.
Kneecap have consistently denied supporting either Hamas or Hezbollah, and said that they do not incite or condone violence. They have also argued that the footage at the UK shows, which was examined by counter-terrorism police, had been taken out of context, and described the legal action as a “carnival of distraction”. In addition, Ó hAnnaidh maintained that he didn’t know what the flag was when he picked it up and the comments were a joke in character.
The Belfast rap trio made three appearances in court, inviting fans and supporters to gather outside. The charges were thrown out on a technicality in September relating to the way in which the case was brought about, with Chief Magistrate Paul Goldspring telling Woolwich Crown Court that the charge against Ó hAnnaidh was “unlawful” and “null” (via the BBC).
Goldspring previously ruled in May that prosecutors needed to seek the attorney general’s permission to charge Ó hAnnaidh. Though permission was sought and granted, Ó hAnnaidh’s lawyers said the charge consequently fell outside the six-month timeframe in which it could be brought.
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Today, two high court judges, Lord Justice Edis and Justice Linden, have rejected an appeal by the Crown Prosecution Service and stood by Goldspring’s decision to rule the charge unlawful.
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Their ruling stated that the decision “turned on a very narrow and technical legal issue and has nothing to do with whether the respondent committed the offence set out in the charge”.
“It is a matter of concern that a charge, which both the DPP and the attorney general considered met both parts of the full code test for crown prosecutors, will never now be determined.
“The respondent has not been tried for his alleged conduct and will not be tried. He has not been convicted, and he has not been acquitted.”
In response to the news, Kneecap wrote on their Instagram: “Get in!!!!!! Kneecap: 3 Brit Govt: 0. The worlds biggest terrorists are the leaders of the British state. Free Palestine. Free the six counties.”
They later shared a video compilation of them performing and footage of the band’s supporters, as well as Ó hAnnaidh himself addressing the crowd outside the court wearing a keffiyeh.
“Easy Peasy – never in doubt 💚🤍🧡,” they wrote. “Free Palestine.”
At a press conference in Belfast, Ó hAnnaidh said the case should not distract from the plight of those in Palestine. “This is bigger than us. Whatever kind of stress that we felt, it’s minimal compared to the stress put on the families in Gaza. We’ll continue to use whatever platform we have to talk about Gaza.”
He maintained that Kneecap would continue to speak out, even though they had lost gigs for doing so. “We don’t give a fuck about the repercussions any more.” The rapper held up a sign saying “I’m a free mawn!”, playing on the Belfast accent.
Kneecap’s solicitor, Darragh Mackin of Phoenix Law, said in a statement: “The rule of law cannot be clearer. The prosecution of Mo Chara was unlawful from its very inception.
“This prosecution was a legally laughable witch-hunt. A witch-hunt that was born at Coachella, cultivated in Westminster, and comes to an end in West Belfast.
“There are better ways to spend British pounds than pointless prosecutions and pursuing expensive appeals. Today’s decision brings this expensive circus to an end.”
After the decision, a CPS spokesperson said: “The high court has clarified how the law applies to the issuing of written charges in summary offences where attorney general permission was required for the director of public prosecutions to consent to a prosecution.
“We accept the judgment and will update our processes accordingly.”
Before the appeal decision was made, Kneecap accused the UK government of wasting over £1million on the case following an appeal hearing in January.
“Once again today was a distraction from the complicity of the British government in genocide,” they said in a statement afterwards.
“Today more Palestinians were murdered by Israel. More homes demolished and more children dead due to cold and lack of aid not permitted to enter by Israel. That is the ONLY thing about this whole witch-hunt worth talking about.”
They added that the apparent sum of money was “tax payer money that could and should have been spent on improving the lives of ordinary people.”
“Instead it has been spent at the behest of politicians who are hellbent on silencing those who seek to stand in solidarity with those suffering a genocide. Politicians acting at the behest of lobby groups.
Kneecap will release their new album ‘FENIAN’ via Heavenly Recordings on April 24. It is available to pre-order here.
The trio have shared two singles from the album so far. ‘Liars Tale’, which sees the band take aim at UK Prime Minister Keir Starmer, came out on January 28, while the electric ‘Smugglers & Scholars’ followed on February 24.
They announced yesterday they would be joining the Nuestra América Convoy to Cuba next week, an international plan to deliver aid to Cuba in response to the country’s ongoing humanitarian and economic crisis.
