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Appeal Hearing Set for Kneecap Rapper’s Terrorism Case Dismissal

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An appeal against a judge’s ruling to dismiss the terrorism case against Kneecap rapper Liam Óg O hAnnaidh is scheduled to take place today at the High Court. The case revolves around allegations that Ó hAnnaidh, performing under the stage name Mo Chara, displayed a flag supporting the proscribed terrorist organization Hezbollah during a concert at the O2 Forum in Kentish Town, north London, in November 2024.

The initial case was dismissed in September 2023 on technical grounds by Chief Magistrate Paul Goldspring, who ruled that the proceedings had been “instituted unlawfully.” Following this decision, the Crown Prosecution Service (CPS) announced its intention to appeal, asserting that the case raises an important legal question that requires clarification.

Ó hAnnaidh is contesting the appeal, with Kneecap expressing confidence in their stance, stating, “we will win again.” The appeal hearing is set to begin at 10:30 AM at the Royal Courts of Justice, presided over by Lord Justice Edis and Mr Justice Linden.

Prosecutors allege that Ó hAnnaidh can be seen in video footage from the concert wearing the Hezbollah flag and making statements such as “up Hamas, up Hezbollah.” During a preliminary hearing, Brenda Campbell KC, representing Ó hAnnaidh, argued that the Attorney General had not granted permission for the charges when police informed him of the impending terrorism charge on May 21, 2024. She noted that consent was only obtained the following day, which raised questions about the case falling outside the six-month statutory limit for bringing charges.

Prosecutor Michael Bisgrove countered that permission from the Director of Public Prosecutions (DPP) and the Attorney General was not necessary until the defendant’s first court appearance. He maintained that the legal framework did not require prior consent to initiate criminal charges.

In his ruling, Goldspring referenced legislation stating that any offense under section 13 of the Terrorism Act 2000 cannot be initiated in England and Wales without prior consent from the DPP when the alleged offense relates to foreign affairs. He also indicated that the CPS’s arguments were illogical, declaring that the charge was unlawful and that the court lacked jurisdiction to hear the case.

Kneecap has publicly criticized the CPS’s appeal, describing it as a misuse of taxpayer resources and emphasizing that the focus should not be on them. In a statement shared via social media, they remarked, “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.”

As the appeal hearing unfolds, the implications of this case extend beyond the individuals involved, touching upon broader questions regarding legal standards in terrorism-related prosecutions.

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