A terrorism charge against Kneecap rapper Liam Óg Ó hAnnaidh has been dramatically dismissed after bungling Crown Prosecution Service officials failed to secure proper permission from the Attorney General before charging him, sparking celebrations from supporters and fury from antisemitism campaigners.
Chief Magistrate Paul Goldspring ruled at Woolwich Crown Court on Friday that proceedings against the 27-year-old, who performs as Mo Chara, were “invalid” and “unlawful” because prosecutors missed a crucial six-month deadline to obtain consent from Attorney General Richard Hermer. The decision prompted eruptions of cheering from packed public galleries whilst the Campaign Against Antisemitism branded it a “humiliating debacle” demanding that “heads must roll.”
Mr Ó hAnnaidh had been accused of displaying a Hezbollah flag “in such a way or in such circumstances as to arouse reasonable suspicion that he is a supporter of a proscribed organisation” during a concert at the O2 Forum Kentish Town last November. Video footage allegedly showed him chanting “up Hamas, up Hezbollah” whilst draped in the flag of the Lebanese militant group, which is banned as a terrorist organisation in Britain.
Technicality Exposes CPS Blunder
The case collapsed on a devastating technicality that exposed fundamental procedural failures within the CPS. Under Section 117 of the Terrorism Act 2000, prosecutors require the Attorney General’s consent before charging terrorism offences committed “for a purpose wholly or partly connected with the affairs of a country other than the United Kingdom.”
Court documents revealed that Scotland Yard sought charging advice on 20 May, with CPS officials instructing police to charge Mr Ó hAnnaidh the following day. However, the Attorney General’s consent was not obtained until 22 May – one day after the six-month statutory time limit had expired for bringing charges related to the November incident.
“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,” Mr Goldspring stated in his judgment. “Consequently the charge is unlawful and null and this court has no jurisdiction to try the charge.”
The senior district judge ordered the taxpayer-funded CPS to pay Mr Ó hAnnaidh’s legal costs, emphasising that the proceedings were unlawful from the outset.
Defiant Victory Speech
Outside court, Mr Ó hAnnaidh, wearing an Irish tricolour balaclava alongside bandmates Naoise Ó Caireallain (Móglaí Bap) and JJ Ó’Dochartaigh (DJ Próvaí), delivered a defiant statement to hundreds of supporters.
“This entire process was never about me, never about any threat to the public and never about ‘terrorism’, a word used by your government to discredit people you oppress,” he declared. “It was always about Gaza. As people from Ireland we know oppression, colonialism, famine and genocide.”
He added: “We said we would fight you in your court and we would win. We have. If anyone on this planet is guilty of terrorism, it is the British state. Free Palestine!
The rapper’s manager, Daniel Lambert, celebrated on social media: “We have won! Kneecap has NO charges OR convictions in ANY country, EVER. Political policing has failed. Kneecap is on the right side of history. Britain is not.”
Political Reactions Split
Northern Ireland’s First Minister Michelle O’Neill immediately welcomed the verdict, stating: “All charges have been dropped against Kneecap’s Mo Chara. I strongly welcome this decision. These charges were part of a calculated attempt to silence those who stand up and speak out against the Israeli genocide in Gaza.”
However, the Campaign Against Antisemitism expressed outrage at the outcome. A spokesperson said: “This is a matter of utter incompetence by the authorities. What good is our criminal justice system if it cannot get its act together in a case of a man stood draped in the flag of a proscribed terrorist organisation that wants to annihilate all Jews shouting ‘Up Hamas, up Hezbollah’? Heads must roll over this humiliating debacle.”
The organisation had previously reported Kneecap to Counter Terrorism Police and threatened private prosecution if authorities failed to act.
High-Powered Legal Team
Mr Ó hAnnaidh had assembled a formidable legal team including Gareth Peirce, who previously represented the Guildford Four and Julian Assange; Blinne Ní Ghrálaigh KC, part of South Africa’s legal team in its genocide case against Israel; Brenda Campbell KC; Jude Bunting KC; and solicitors Darragh Mackin from Phoenix Law and Rosalind Comyn.
The defence successfully argued that the Attorney General’s permission, required under terrorism legislation when offences relate to foreign affairs, was obtained after the statutory deadline. This technical failure rendered the entire prosecution void.
Controversial Band’s History
The case had attracted intense scrutiny given Kneecap’s controversial history and outspoken support for Palestinian causes. In April, footage emerged of the band telling an audience in November 2023 to “kill your local MP,” adding: “The only good Tory is a dead Tory.”
At this year’s Coachella festival, they performed in front of a screen displaying “F**k Israel Free Palestine,” leading to calls from television personality Sharon Osbourne for the Trump administration to revoke their US work visas. The band subsequently cancelled their entire US tour citing the court case.
Conservative leader Kemi Badenoch had called for the BBC to drop coverage of the band, stating: “The BBC should not be showing Kneecap propaganda. One Kneecap band member is currently on bail, charged under the Terrorism Act.”
Authorities Respond
The Crown Prosecution Service said it was “reviewing the decision of the court carefully,” noting that appeals against the ruling remained possible. A Metropolitan Police spokesperson confirmed awareness of the court’s decision and pledged to work with prosecutors “to understand the potential implications of this ruling.
Throughout proceedings, Mr Ó hAnnaidh was assisted by an Irish translator. The hearing had originally been scheduled for Westminster Magistrates’ Court but was moved to Woolwich Crown Court at the last minute due to a burst water pipe.
International Implications
The collapse of the case comes as Kneecap faces ongoing international controversy. Canada recently banned the band from entering the country, with officials citing concerns about “political violence, terrorism or antisemitism.” The group is pursuing legal action over what they call “wholly untrue and deeply malicious” accusations.
Hungary has also previously banned the group, whilst their scheduled performances at major festivals continue to divide opinion. At June’s Glastonbury festival, where they performed despite calls for their removal, the BBC opted not to livestream their set. During the performance, the band led chants of “f**k Keir Starmer” and spoke about the charges.
The case highlights ongoing tensions over expression of support for Palestinian causes in Britain, where both Hamas and Hezbollah are proscribed terrorist organisations. Recent months have seen thousands arrested at pro-Palestinian demonstrations, with the government recently proscribing direct action group Palestine Action.
As celebrations continued outside court, with supporters chanting pro-Palestinian slogans, the Metropolitan Police maintained a heavy presence, having issued a Section 14 order to prevent what they termed “serious disorder, damage, disruption, impact or intimidation.”
The dramatic collapse of this high-profile terrorism case on procedural grounds raises serious questions about the competence of Britain’s prosecution service at a time of heightened tensions over Middle East conflicts and their domestic repercussions.
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