Art Not Evidence - with Keir Monteith KC

Sarah Henry

In a recent episode of the Activist Lawyer Podcast, host Sarah Henry spoke with Keir Monteith KC, a barrister at Garden Court Chambers, about a critical issue in the criminal justice system - the use of rap lyrics as evidence in court. Keir, who is actively involved in the ‘Art Not Evidence’ campaign, shared insights into the dangers of relying on artistic expressions like rap and drill music as evidence of criminal activity or gang affiliation.

Keir emphasises the pressing need for change, saying, ‘Unfortunately, the justice system just isn't equipped to change itself and provide a level playing field for those that create that type of art.’ 

He went on to explain the purpose of the campaign i.e. to challenge the use of rap and drill lyrics as evidence of gang membership or violence, and to call for the legal system to recognise the difference between art and criminal intent.

The Art Not Evidence campaign aims to reform the legal treatment of rap lyrics in court. One of the central goals is to make such lyrics inadmissible unless a strict set of conditions are met. ‘The draft legislation... is just a polite request,’ Keir explains. ‘It's not radical. It's just, please don't use rap lyrics, drill lyrics, creative expression in these serious cases as evidence of gang membership or bad character.’

The campaign's focus on creative freedom is critical, especially as it highlights the intersection of cultural expression and racial justice. Keir shares a shocking example from the Manchester 10 case, where young Black men were wrongfully accused of being part of a gang, partially due to their involvement in drill music. ‘In that case, they focused in on a person who had an unconditional offer to study law at university, had been head boy at his college, and had no criminal record, and yet they were saying he was a gang member,’ he said. This illustrates how cultural biases can influence legal proceedings.

Keir Monteith’s legal work, particularly his role in the Manchester 10 case, highlights how deeply ingrained stereotypes and racial prejudice continue to shape the outcomes of trials. He described the distressing situation of his client, Ade Adedeji, who was wrongfully convicted of gang involvement based on a misidentified video where a blue bandana was seen. Despite Ade having no prior convictions, the prosecution persisted in claiming he was part of a gang. ‘The prosecution had identified Ade based on this video and blue bandana, despite the fact that Ade said it wasn't him. Unfortunately, this video was played in court repeatedly.’

Keir’s fight for justice in Ade’s case demonstrates the impact of these deeply flawed legal practices. ‘When Ade came out of prison.... He didn't bear a grudge against the prosecution or the police or the judge. He just wanted them to learn.’  Thanks to the tireless work of his legal team, including solicitor Zachary White, Ade’s conviction was eventually overturned, but not before the legal system failed him for years.

The Art Not Evidence campaign is not just about reforming the law; it's about pushing back against the criminalisation of artistic expression. ‘Art is about creativity, it's about celebrating life, it's about resistance,’ Keir states. He encouraged listeners to get involved by supporting the campaign through petitions, lobbying MPs, and purchasing campaign merchandise like the Art Not Evidence hoodie and t-shirt, available on the campaign's website.

Download this episode here.

About Sarah Henry

Sarah is a solicitor based in Newry, County Down, Northern Ireland, and the host of the Activist Lawyer Podcast. She is passionate about spotlighting the work of lawyers and legal workers who are using the law as a tool for social change, justice and equality. Alongside her legal practice, she is engaged in campaigns tackling violence against women and girls and has worked as an immigration and human rights lawyer across both Ireland and the UK.