— Danny Morris (@DannyMMorris)
April 20, 2025
Ó hAnnaidh, who performs under the stage name Mo Chara in the Irish rap group Kneecap, was charged in May over allegations that he displayed a Hezbollah flag during a gig in Kentish Town, London, on November 21 last year.
The Metropolitan Police became aware of the footage months later in April, following the band’s controversial performance at Coachella in California earlier that month.
But in court, Ó hAnnaidh’s lawyer argued that when police informed him on May 21 that he was to face a terror charge, the attorney general had not yet given the legally required consent for prosecution.
Consent was only granted the following day on May 22 – six months and one day after the London gig – putting the case outside the statutory six-month time limit.
Ruling on the matter, 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.”
Several leading legal minds have said the case collapse has prompted urgent questions about how such an error could have occurred.
Lord Wolfson, a Conservative peer and shadow attorney general, has written to Attorney General Lord Hermer KC, the DPP and the Chief Inspector of the Crown Prosecution Service “seeking a full explanation” of the timeline of events.
In his letter to Hermer, Wolfson asked for clarity.
“On what date and time was your office first asked to give consent to prosecute Mr Ó hAnnaidh under section 13 of the Terrorism Act? And on what date and time did you provide consent?”
He also asked whether Hermer’s office had been warned in advance that urgent consent would be required, and whether the attorney general would support the CPS in seeking an appeal.
Wolfson warned: “They way this case has been handled has undermined confidence in the administration of justice. Timely and transparent answers to these questions are necessary to restore faith in your office, the DPP and the rule of law.
“You have said that you intend to ensure that this does not happen again; part of that is being open and transparent with the public as to why this serious failure occurred in the first place. That process can begin with direct and clear answers to the questions I have raised.”
In a separate letter to DPP Stephen Parkinson KC, Wolfson asked why the CPS had authorised police to charge Ó hAnnaidh on the very last day of the six-month deadline.
A jubilant Liam Óg Ó hAnnaidh leaves court after terror charges against him were dropped on a technicality (Image: Getty)Getty Images
Sir Michael Ellis KC also expressed alarm at the collapse, telling the JC: “The Attorney General’s Consent to prosecute is required in some of the UK’s most serious cases. How can the public otherwise be sure that a similar failure will not occur again?
“There are possible avenues of appeal and the Crown Prosecution Service should explain what happened to a higher court and see if there is any chance of reinstating proceedings.”
Hermer was asked about the case during a Labour Party conference fringe event earlier this week.
He said part of his job “when things go wrong is to be really analytical” in order “to make sure that something like this does not happen again”.
