CPS to appeal decision not to prosecute Kneecap rapper over legal blunder

The CPS will seek to overturn the decision of chief magistrate Paul Goldspring, who ruled that the charge brought against the rapper, who performs as Mo Chara, was “unlawful” and that he had no jurisdiction to try the case.

The decision related to a technicality in how the charges were brought.

Mr O hAnnaidh had been charged with the alleged display of a flag in support of proscribed terrorist group Hezbollah at a London gig last November.

The CPS said in a short statement it would be appealing against the decision because "we believe there is an important point of law which needs to be clarified".

Read more: Kneecap walk free on a technicality - and that’s a national disgrace, writes Chris Philp

Read more: Terror case against Kneecap rapper Liam O hAnnaidh dropped following legal blunder by CPS staff

After his case was thrown out, the controversial musician told prime minister Sir Keir Starmer "better luck next time".

After his court appearance, O hAnnaidh said: “Even if it had went to court we would have won anyway.

“We constantly fall into using the buzz words, but it was a complete circus. It was a carnival distraction from what’s actually going on.”

O hAnnaidh was charged in May, a month after counter-terrorism police investigated footage of a member allegedly calling for the death of British MPs at a November 2023 gig, with another video allegedly showing a band member shouting “up Hamas, up Hezbollah”.

The Metropolitan Police were made aware of the two videos a few days after the group’s second performance at Coachella music festival in California on April 18 where they displayed messages that accused Israel of genocide and war crimes against Palestinians.

O hAnnaidh said: “The reason this became so widespread was because of Coachella, because the fact is, the mainstream media and the Zionist lobby were worried.

“They don’t want to believe and they don’t want to portray it on any kind of stage or platform that young Americans are in support of Palestinians.”

The case against O hAnnaidh, outlined by the prosecution at a previous hearing, had alleged he was the person in the video wearing and displaying the flag of Hezbollah while saying “up Hamas, up Hezbollah”.

Reflecting on the previous six months, O hAnnaidh said: “Whatever stress I’m feeling, I can imagine it’s an awful lot more stressful in Gaza and now in the West Bank on top of it.

“So it’s one of those things. Yes, it’s been a bit of a nightmare for me. But again, like, if we’re talking comparisons here, I’ll get over it.”

He added: “It’s a bad precedent to set that if governments are going to start really cracking down on what artists can and can’t say they are just opening up a whole can of worms for themselves there.”

In recent months, following the charge, Kneecap have had gigs cancelled and were banned from entering Canada over allegedly “glorifying terrorist organisations”.

Asked about this and if he might “pursue the British state”, O hAnnaidh said: “Well, it’s definitely something we’re going to look into, absolutely, I know, obviously we’ve begun proceedings already with Canada.”

Asked if he has a message for the British Government and Sir Keir Starmer, he added: “Better luck next time.”

Kneecap manager Daniel Lambert said the band will not change “anything they do” in the aftermath of the case.

Outlining gigs in the months ahead, he told RTE: “Lots ahead for Kneecap, hopefully back focusing on the music, and it’s a good day for Kneecap, but all of this has been a colossal waste of time and has drawn eyes away from where they should have been, and that’s the genocide that’s been committed by Israel.”

O hAnnaidh is one third of Belfast group Kneecap, also comprised of Naoise O Caireallain and JJ O’Dochartaigh, who are known for their provocative lyrics and championing of the Irish language as well as their pro-Palestine stance.