CPS lose appeal over Kneecap rapper terror case

Kneecap rapper Liam Og O hAnnaidh will not face a terror trial after judges at the High Court rejected a Crown Prosecution Service appeal against the decision to throw out the case.

The rapper, who performs under the stage name Mo Chara, was accused of displaying a flag in support of proscribed terror organisation Hezbollah at a gig at the O2 Forum in Kentish Town, north London, on November 21 2024.

But the case was thrown out in September last year, with chief magistrate Paul Goldspring ruling the proceedings were “instituted unlawfully”.

The Crown Prosecution Service (CPS) appealed against the decision at the High Court at a hearing in January, with the Kneecap rapper opposing the appeal.

In a judgment on Wednesday, two judges at the High Court upheld the decision and dismissed the CPS appeal.

Judge Goldspring had agreed with O hAnnaidh’s lawyers that prosecutors needed to seek the Attorney General’s permission to charge the rapper before informing him on May 21 that he would be charged with a terror offence.

This permission was sought and given the following day, which the court heard meant the charge fell outside the six-month time frame in which criminal charges against a defendant can be brought.

Lord Justice Edis, sitting with Mr Justice Linden, said in Wednesday’s decision that “the judge was right to hold that he had no jurisdiction to try any summary-only offence alleged to have been committed on that date”.

He said: “The respondent has not been tried for his alleged conduct on September 21 2025 and will not be tried.

“He has not been convicted, and he has not been acquitted.”

Following 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.”

Kneecap rapper Liam Og O hAnnaidh has said the band will continue to use their platform to talk about Palestine as they no longer fear “repercussions”.

This comes after judges at the High Court rejected a Crown Prosecution Service appeal against the decision to throw out the case, meaning the musician – who performs under the stage name Mo Chara – will not face a new terror trial.

Speaking at a press conference in Belfast shortly after the ruling, O hAnnaidh said: “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 added, saying the band has “lost gigs” and been “restricted” as a result of the court proceedings.

“We don’t give a f*** about the repercussions anymore,” O hAnnaidh added.

Supporters gathered at the venue cheered the trio as they walked in at the start of the conference.

A banner with the Irish slogan “Saoirse don Phalaistin” – which translates to “Freedom for Palestine” – was displayed behind the band, as well as Irish and Palestinian flags.