Prosecutors set out challenge to Kneecap terrorism charge decision

This post was originally published on this site.

1 hour ago

Claire GrahamBBC News NI, Royal Courts of Justice in London

The legal team for the Director of Public Prosecutions have set out their arguments to challenge the decision to throw out a terror case against a member of the rap trio Kneecap.

The UK government is appealing the September 2025 decision to dismiss the case against Liam Óg Ó hAnnaidh, which was thrown out on technical grounds relating to how the charge against him was brought.

He was charged in May after allegedly displaying a flag in support of proscribed organisation Hezbollah at a gig at the O2 Forum in Kentish Town, London, in November 2024.

The 28-year-old, who performs under the stage name Mo Chara, had denied the charge and described it as political.

PA Media Liam Óg Ó hAnnaidh has short dark hair, he is wearing black sunglasses, a black and white scarf and a black coat.

Ó hAnnaidh’s defence previously argued that the charge was not brought within the six-month time limit since the alleged offence took place.

At the Royal Courts of Justice in London on Wednesday, Paul Jarvis KC acting for the Director of Public Prosecutions, said a gap in time for consent from the attorney general was acceptable if everything was in place by the time the defendant first attends court.

He also argued case law, or previous cases, to suggest that the charge issued within the six months since the time of the alleged offence was valid.

At the time, Senior District Judge Paul Goldspring ruled proceedings could not proceed at Westminster Magistrates’ Court, because the charge fell outside the time frame.

In court on Wednesday morning, Jocelyn Ledward KC also made submissions on behalf of the attorney general.

The court heard that the attorney general’s legal team did not accept some elements of the original ruling last year and gave examples of how consent to start a prosecution can come at a later date.

The legal team for Ó hAnnaidh is due to speak in court later on Wednesday.

PA Media Lawyer Darragh Mackin wearing a maroon coat arrives with DJ Próvaí, in a tricolour mask and white jumper and Dan Lambert in a blue coat.

Earlier, supporters of Kneecap had gathered at the Royal Courts of Justice just before 09:00 GMT carrying Irish tricolours and Palestinian flags and various signs.

Outside the court, at The Strand in central London, about 80 supporters gathered with flags and banners. Musicians played to the crowd from a platform.

The Sinn Féin MPs John Finucane and Paul Maskey are inside the court with Kneecap supporters, band manager Dan Lambert and J.J. Ó Dochartaigh, aka DJ Próvaí, alongside an assortment of press.

The hearing continues.

Finucane spoke to supporters of Kneecap outside the court.

“We will continue to stand with Liam we will continue to stand on the right side of history,” the Belfast North MP said.

John Finnucane outside court, speaking to crowds from a small stage. He has short dark hair and is wearing a dark knee-length woollen coat over a dark suit, purple tie and white shirt. He also has a navy and dark green tartan woollen scarf. On the stage there are Irish tricolour flags on poles and behind him a red brick building can be seen and also a multi-storey building covered in construction scaffolding and white plastic.

In September, Chief Magistrate Paul Goldspring told Woolwich Crown Court that the charge against Ó hAnnaidh was “unlawful” and “null”.

In his judgement, the chief magistrate outlined that permission was not given to the Director of Public Prosecutions (DPP) to consent to the prosecution until 22 May, a day after Ó hAnnaidh was charged.

If 22 May was considered to be the date of the charge, that was six months and a day after the London gig where the offence allegedly happened.

The decision did not relate to any of the allegations Ó hAnnaidh had been facing.

The DPP argues that it was sufficient that the charge was brought before Ó hAnnaidh made his first appearance at court on 18 June 2025 to answer the written charge.

The Crown Prosecution Service (CPS) announced in October 2025 that it would appeal the decision “as we believe there is an important point of law which needs to be clarified”.

In a statement issued on social media at the time, Kneecap said the appeal would be “a massive waste of taxpayers money, of police time, of court time”.

The group added: “News of a CPS appeal against the ruling of their own judge is unsurprising.

“It is unsurprising, because the whole process has not been driven by the police or courts, it has been driven by politicians backed up by the British media.”

They said this is “political policing”.

“There is no important point of law. The CPS have submitted nothing new in their appeal. What there is though is a state wide witch-hunt against Palestinian solidarity.”

In a social media post earlier this month, Kneecap said: “It is the view of our legal team that there is not an iota of logic for this [appeal], it is without any sound legal basis.”