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.
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.
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 
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