Apology from Kneecap 'should have no bearing on whether to prosecute them' says former top PSNI man
A former top officer in the PSNI has said that the statement of apology/clarification from Kneecap should have no bearing on whether or not they face criminal charges for their on-stage antics.
Jon Burrows, formerly the head of the PSNI’s disciplinary branch, said that “the risk of being held to account seems to have changed [their] public utterances on Hamas and Hezbollah” after the band stated that they do not, in fact, support these groups.
The group is currently under investigation by The Met’s counter-terror unit over two different events: one, a gig on November 29, 2023, at London’s Electric Ballroom, and the other a gig at London’s Kentish Town Forum on November 21, 2024.
At the first, a member of the band said: “We’re still under British occupation in Ireland [cue boos from the crowd]. We still have old men in London making decisions that affect my life in Ireland – and even worse, they're f***ing Tories.
“The only good Tory is a dead Tory [cheers]. Kill your local MP.”
In the second, member Mo Chara is seen clad in a Hezbollah flag, declaring to the crowd “tiocfaidh ar la, up Hamas, up Hezbollah”.
After escalating criticism, late on Monday night the group tweeted out a statement that said: “Establishment figures, desperate to silence us, have combed through hundreds of hours of footage and interviews, extracting a handful of words from months or years ago to manufacture moral hysteria.
"Let us be unequivocal: we do not, and have never, supported Hamas or Hezbollah. We condemn all attacks on civilians, always. It is never okay. We know this more than anyone, given our nation's history.
“We also reject any suggestion that we would seek to incite violence against any MP or individual. Ever. An extract of footage, deliberately taken out of all context, is now being exploited and weaponised, as if it were a call to action.”
Mr Burrows said: “The statement by Kneecap posted on their X account is far from a fulsome apology, but leaving that aside the apology should have no bearing on how the Met Police or CPS proceed.
"The job of the police is to assess what potential offences have taken place and then to impartially investigate them.
"In turn the CPS has a prosecutorial decision to made based on whether there is sufficient evidence and secondly whether a prosecution is in the public interest.
"Sometimes an admission of guilt during an investigation can support the case for a caution instead of a prosecution, but that is different than a media apology and only applicable in relatively minor cases.
"An apology however can be a mitigating factor when it comes to the sentencing decision after conviction, if it is deemed to demonstrate genuine remorse.
"In short, the police mustn’t he distracted by media statements and remain focused on their job of investigating potential crimes.”
Meanwhile another retired senior officer, ex-Detective Chief Superintendent Norman Baxter, has told the News Letter he does not expect the group to face prosecution.
He said "remorse is always taken into consideration by a judge, but the apology should not be a reason not to properly investigate”.
When it comes to prosecuting people over the filmed remarks, he said: “Where did that video come from? You’d have to get a statement from the person who took it saying ‘I took it, I was there’. So the evidence, the chain is very difficult… if I was investigating, I’d certainly be looking for possession of the phone the video was taken on.”
He said if those people do not co-operate, it “creates a difficulty for the prosecution”.
He added: “Secondly, does it meet the threshold for prosecution? And thirdly is it in the public interest? So I wouldn’t be convinced they will be prosecuted.”