Kneecap terror charge 'should be thrown out thanks to legal blunder', court told
Liam Og O hAnnaidh, who performs under the stage name Mo Chara, is accused of supporting a proscribed terror organisation by displaying a Hezbollah flag at a gig in November last year.
At Westminster magistrates court on Wednesday, his lawyers launched an application for the charge to be dismissed because of the way the charge was first brought.
It is argued that Attorney General Richard Hermer had not formally given his consent when police told O hAnnaidh that he faced a terrorism-related offence on May 21.
The following day, the senior law office's consent was given, but O hAnnaidh's lawyers say this was now out-of-time, falling a day beyond the time limit of six months to bring a criminal charge.
The Crown Prosecution Service opposes the application, arguing the consent of the Attorney General is not required to bring a criminal charge.
'The Attorney General consent is not required until a court appearance at which the defendant engages with a charge', said Michael Bisgrove, for the CPS.
Hundreds of Kneecap supporters turned out with flags and banners for O hAnnaidh's latest court hearing, greeting him with chants of 'free, free, Mo Chara'.
O hAnnaidh was swamped by photographers as he arrived, with security officers taking more than a minute to usher him into the court building.
The Metropolitan Police has imposed conditions limiting where the demonstration outside the court can take place, saying they are needed to 'prevent serious disruption'.
That decision was met by Kneecap with an accusation it was a 'calculated political decision' that was 'designed to try and portray support for Kneecap as somehow troublesome'. The band 'asked supporters to go out of your way to be compliant with all instructions issued, irrespective of how pitiful'.
O hAnnaidh's lawyers, in written submissions to the court, argue the charge against him was brought on May 22, after Attorney General consent had been given, and is therefore 'out of time'.
They say the CPS 'now seeks to rely on a written 'charge' issued by the Metropolitan Police on the previous day, 21st May 2025.
'However, proceedings could not be lawfully instituted without the consent of the Director of Public Prosecution (DPP) - who could not consent without the permission of the Attorney General.
'The DPP had not consented to the institution of proceedings when the police 'charge' was issued on 21st May 2025, nor had the Attorney General given his permission to the DPP to consent.
'The charge issued by the Metropolitan Police was, in the circumstances, a nullity.'
Court papers reveal the Met Police issued a 'notice of criminal charge' on May 21 at midday, over the alleged offence on November 21 2024.
O hAnnaidh was told in the notice to appear at court on 10am on June 18, with a Detective Constable named as the issuer.
The next day, at 6.06pm, the reviewing lawyer in the case, who is a specialist terrorism prosecutor for the CPS, sent an email to the defence solicitor which read: 'At 18:06 hours today I made the decision to re-issue the Postal Charge and Requisition.
'This relates to the same offence/allegation.
'A copy of this is attached for your information. You will be provided with some disclosure about why this has been done in due course'.
This fresh notice came with a 'charge date' of May 22
An explanation provided by the CPS to O hAnnaidh later explained that the police Postal Charge and Requisition (PCR) was issued when 'a Law Officer had not given permission for the Director of Public Prosecutions (DPP) to consent to the institution of proceedings.
'On 22 May 2025 His Majesty's Solicitor General gave permission for the DPP to consent to the prosecution of the Defendant. Thereafter the DPP consented to the prosecution of the Defendant.
'On 22 May 2025 the Prosecution, after DPP consent had been given, issued a PCR .'
The hearing, before Chief Magistrate Paul Goldspring, continues. O hAnnaidh has not yet entered a plea to the charge.
He is represented by four barristers for the hearing, including three who are King's Counsel.
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