Terror charges against Kneecap rapper Liam Og O hAnnaidh have been thrown out by a court.
The Irish rapper, who performs under the name Mo Chara, appeared at Woolwich Crown Court on a single terror charge.
Giving his ruling, chief magistrate Paul Goldspring said: “These proceedings against the defendant were instituted unlawfully and are null.”
The 27-year-old had been accused of displaying a flag in support of Hezbollah at a gig at the O2 Forum in Kentish Town, north London, in November last year.
He had been on unconditional bail since his first court appearance in June.
Following his ruling, the judge said: “Mr O hAnnaidh, you are free to go,” which was met by cheers in the public gallery and applause.
The levity was met with a stern reprimand, with the judge adding: “You can do your celebrating outside, but the court now has other business to attend to”.
Both of O hAnnaidh’s parents were in court to support him.
At the start of the hearing, O hAnnaidh stood to confirm his name, date of birth and current address, speaking in Irish with his words translated by an interpreter. The judge then summarised his judgement for the court.
He made clear the purpose of the hearing was not to determine O hAnnaidh’s innocence or guilt, but about whether the court had jurisdiction to hear the case.
He went on to say he agreed with O hAnnaidh’s lawyers, who argued that the Attorney General had not given permission for the case to be brought against the defendant when police informed him he was to face a terror charge on 21 May.
Criminal proceedings are instituted when a criminal charge is first issued, not when the defendant first appears in court.
Concluding the reasons for his decision, the chief magistrate said: “I find that these proceedings were not instituted in the correct form, lacking the necessary DPP (Director of Public Prosecutions) and AG (Attorney General) consent within the six-month statutory time limit.
“The time limit requires consent to have been granted at the time or before the issue of the requisition.
“Consequently, the charge is unlawful and null and this court has no jurisdiction to try the charge.”
Sweeping aside the prosecution’s previous argument that permission from the DPP and AG was not required until the defendant’s first court appearance, and that permission did not need to be sought in order to bring a criminal charge, the chief magistrate said such arguments “defy logic”.
Protestors outside court. Pic: PA
Swiftly responding to the court ruling, Northern Ireland’s First Minister Michelle O’Neill said on social media that she welcomed the decision, saying: “These charges were part of a calculated attempt to silence those who stand up and speak out against the Israeli genocide in Gaza.
“Kneecap have used their platform on stages across the world to expose this genocide, and it is the responsibility of all of us to continue speaking out and standing against injustice in Palestine.”
The venue of the hearing had been changed at short notice, following a burst mains pipe at Westminster Magistrates Court.
This breaking news story is being updated and more details will be published shortly.
Please refresh the page for the latest version.
You can receive breaking news alerts on a smartphone or tablet via the Sky News app. You can also follow us on WhatsApp and subscribe to our YouTube channel to keep up with the latest news.
