Liam \u00d3g \u00d3 hAnnaidh, aka Mo Chara, right, a member of the Irish language band Kneecap, celebrates as he leaves Woolwich Crown Court in London, September 26, 2025 [AP Photo\/Joanna Chan]<\/p>\n
Had the government secured a guilty verdict \u00d3 hAnnaidh could have been jailed for up to six months and\/or received a level 5 fine on the standard scale, which can be unlimited.\u00a0<\/p>\n
Such was the fervour of the authorities to silence an outspoken and powerful voice against the Gaza genocide that they botched basic procedures, meaning that chief magistrate Paul Goldspring, at Woolwich Crown Court, was forced to declare the case \u201cunlawful\u201d and \u201cnull\u201d.<\/p>\n
\u00d3 hAnnaidh\u2019s defence team\u2014Brenda Campbell KC, Jude Bunting KC, Blinne n\u00ed Ghr\u00e1laigh KC and Rosalind Comyn, instructed by Darragh Mackin of Pheonix Law\u2014successfully argued that Attorney-General Richard Hermer had not authorised proceedings when police informed \u00d3 hAnnaidh on May 21 that he would face a terrorism charge.<\/p>\n
Prosecutors accepted that \u00d3 hAnnaidh was sent a letter laying charges against him twice: once on May 21, within the 6-month time limit after the alleged offence took place, and once on May 22, outside of it. The second was sent, according to the prosecution\u2019s own explanation, because the first had not gone ahead with the consent of the Director of Public Prosecutions (DPP) and the Attorney General (AG).<\/p>\n
Believing it had until the May 22 to lay charges, it was this letter the prosecution initially relied upon as marking the start of proceedings. Realising its mistake, it switched to the May 21 letter, meaning lawyer for the government Michael Bisgrove had to prove that there was no legal problem with the delay in receiving consent from the DPP and AG.<\/p>\n
Goldspring dismissed the CPS\u2019s argument that permission from the DPP and AG was not required until the defendant\u2019s first court appearance, and that permission did not need to be secured in order to bring a criminal charge. These arguments, he explained in his decision, \u201cdefy logic\u201d. <\/p>\n
In a 13-page Approved Judgment, Goldspring noted, \u201cIn written submissions the Crown conceded that the authorities upon which they rely relate only to offences triable on indictment and not summary only offences. Their submission that the same principles should apply is, in my view, flawed, it is significant that, unlike the defence, the Crown was conspicuously unable to point to any authority to support their submissions.\u201d<\/p>\n
He continued, \u201cI am satisfied that proceedings against this defendant were instituted on 21st May 2025 when the written charge was issued. At that time, the necessary consent and permission required by law had not been obtained. As such, the proceedings were instituted unlawfully and are null.\u201d The courts therefore had \u201cno jurisdiction to try the charge.\u201d<\/p>\n
Friday\u2019s was \u00d3 hAnnaidh\u2019s third appearance in the case. Each time<\/a>, he and the other Kneecap members and their legal team have been greeted with enthusiastic support from hundreds of supporters outside the court.<\/p>\n Less than 24 hours prior to \u00d3 hAnnaidh\u2019s previous appearance, at Westminster Magistrates Court on August 18, the Metropolitan Police imposed Public Order Act conditions restricting demonstrators to a tiny area of pavement.<\/p>\n This time the Metropolitan Police imposed a \u201csection 14\u201d order under the Public Order Act <\/a>\u00a0covering the area outside Woolwich Crown Court \u201cto prevent serious disorder, damage, disruption, impact or intimidation\u201d. <\/p>\n Kneecap responded, \u201cThey previously, and in our view needlessly, did this before the last court date, but this time have removed our supporters from anywhere close to the court entrance. This is petty in the extreme.<\/p>\n \u201cWe massively appreciate the support of what we know are the majority of the public, who can see this farce for what it is. It is distraction from war crimes that the British state still support every single day in Gaza. In our view this police action is designed to try and portray support for Kneecap as somehow troublesome, and to keep our support far away [from] view when we arrive and depart. It is, once again, a calculated political decision the day before Mo Chara\u2019s court appearance.\u201d<\/p>\n Following the verdict, cheers went up in court from the public gallery. Speaking to supporters outside, \u00d3 hAnnaidh\u00a0said, \u201cThis entire process was never about me. It was never about any threat to the public, it was never about terrorism\u2014a word used by your government to discredit people you oppress.<\/p>\n \u201cIt was always about Gaza. About what happens if you dare to speak up. As people from Ireland we know oppression, colonialism, famine and genocide. <\/p>\n \u201cWe have suffered and still suffer under \u2018your empire\u2019. Your attempts to silence us have failed, because we are right, and you are wrong. We will not be silent. <\/p>\n \u201cWe said we would fight you in your court and we would win. We have. If anyone on this planet is guilty of terrorism, it is the British state. Free Palestine!\u201d<\/p>\n Loading Tweet …<\/p>\n Kneecap\u2019s manager, Daniel Lambert, wrote on X, \u201cPolitical policing has failed. Kneecap is on the right side of history. Britain is not. Free Palestine.\u201d<\/p>\n![](\"https:\/\/www.newsbeep.com\/il\/wp-content\/uploads\/2025\/09\/1758936133_209_loading.gif\"\/)
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