The High Court hears the prosecutors’ challenge to dismiss the kneecap terror charge. ants and art news.

Kneecap supporters gathered outside the High Court on Wednesday as judges heard the appeal from the Crown Prosecution Service to dismiss a terrorism case against a member of a rap trio.

Liam Og O Hunnaidh, who performs under the stage name Mo Chara, was charged in May 2025 with the alleged display of a flag in support of the banned terrorist group. Hezbollah was the subject of a programme in London in November 2024.

But the case against the 28-year-old Belfast-born rapper was dismissed in September on a technical basis.

Chief Magistrate Paul Goldspring then told Woolwich Crown Court that the charge was “unlawful” and he had no jurisdiction to hear the case – but prosecutors appealed against the decision.

Kneecap's JJ O'Dochartaigh (DJ Prowai) attended the High Court hearing in support of his bandmate. Photo: PA
image:
Kneecap’s JJ O’Dochartaigh (DJ Prowai) attended the High Court hearing in support of his bandmate. Photo: PA

Kneecap’s JJ O’Dochartaigh, whose stage name is DJ Prowai, and manager Daniel Lambert attended the High Court of Appeal in London on Wednesday, greeted by supporters and protesters gathered outside, as they had done at a previous hearing.

After spending a full day in court,

Hearing evidence from both sides, Lord Justice Addis and Mr Justice Linden said they would give their judgement at a later date.

Why was the original case dismissed?

Liam Og Ó Hannaidh, who performs under the stage name Mo Chara outside Woolwich Crown Court in September. Photo: PA
image:
Liam Og Ó Hannaidh, who performs under the stage name Mo Chara, outside Woolwich Crown Court in September. Photo: PA

After Ó Hannaidh was charged, he appeared in court for the first time in June. At a second hearing in August, the rapper’s lawyers argued that prosecutors should have sought permission from the Attorney General, the Crown’s chief legal adviser, to charge the rapper with a terrorist offence before being informed of the decision on May 21 last year.

The court was told that permission was instead granted the following day, meaning it fell outside the six-month time limit in which criminal charges can be brought against a defendant for this type of offence. The event in question took place on November 21, 2024.

After hearing evidence, the Chief Magistrate agreed with O’Hannaid’s lawyers and found that the proceedings had been “unlawfully instituted.”.

Then, the CPS announced its appeal. A spokesperson stated that the organisation “believes there is an important point of law that needs to be clarified.”

At the High Court on Wednesday, Paul Jarvis Casey, for the CPS, said the Attorney General’s permission was in place before O’Hannaidh’s first court appearance on 18 June, which meant the necessary requirements had been met.

Kneecap's Mo Chara and Moglai Bap on stage at Glastonbury. Photo: PA
image:
Kneecap’s Mo Chara and Moglai Bap on stage at Glastonbury. Photo: PA

In court, he said the chief magistrate “erred in his interpretation of the law” when he dismissed the terrorism case, adding, “These proceedings are and will remain valid in law.”

However, Jude Bunting KC, representing O Hunnaidh, said the findings made by the chief magistrate in September were “certainly correct.”.

In his own written submission, he said the reply was “simply… the necessary permissions and consents were not provided at the time of commencement of the proceedings.”

Mr. Bunting said CPS’s appeal “contradicts the principle that the law should be consistent.”

Kneecap had earlier said in a post on social media that the decision was “once again… a huge waste of taxpayers’ money, police time, [and] court time.”.

The band's lawyer Darragh Mackin (left), and manager Daniel Lambert (right), with DJ Provi outside the High Court. Photo: PA
image:
The band’s lawyer, Darragh Mackin (left), and manager, Daniel Lambert (right), with DJ Provi outside the High Court. Photo: PA

Who are the kneecaps?

Kneecap released their debut single in 2017 and gained widespread fame following the release of their debut album and a semi-biographical film in 2024.

In 2024, the band wins a discrimination case against UK government Conservative leader Kemi Badenoch, who tried to deny her a £14,250 funding award while she was in government as Business Secretary.

Ahead of the High Court hearing, Belfast MPs addressed those showing support for the band outside.

North Belfast MP John Finucane said, “We will stand with Liam.” “We are committed to standing on the correct side of history.”

“We are before the court today because the British government refused to accept a previous judge’s decision to end this case,” said Paul Maskey, MP for Belfast West.

The judges said they had been given a lot to think about and a decision would be made later.

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