New revelations have debunked Tory criticisms regarding the collapsed China spy trial, with plans to label Beijing as an “enemy” being abandoned during Rishi Sunak’s administration. Kemi Badenoch’s party was accused of deceiving the public with exaggerated expressions of outrage over the case’s failure last month.
The Conservatives have consistently pointed fingers at Keir Starmer’s Government for alleged political meddling and subsequent inaction in the prosecution of Christopher Berry and Christopher Cash, who were accused of sharing classified information with China between 2021 and 2023. Both individuals have denied these accusations.
The trial fell apart after the Crown Prosecution Service (CPS) cited insufficient evidence to proceed. Director of Public Prosecutions Stephen Parkinson publicly attributed the Government’s failure to provide substantial proof of China’s national security threat as the reason for the case’s collapse.
Cash and Berry faced charges under the Official Secrets Act 1911, which has since been replaced by the National Security Act 2023. The former law stipulated that individuals accused of espionage could only be prosecuted if the information they disclosed was beneficial to an adversary.
In a letter to Members of Parliament, National Security Adviser Jonathan Powell disclosed that the characterization of China as an “enemy” of the UK was eliminated from crucial evidence in 2023 as it did not align with the Conservative government’s policy at the time.
Counter Terror Police and the CPS were informed about the alteration made by Deputy National Security Adviser Matt Collins, as detailed in a letter signed by both to the Joint Committee on National Security Strategy (JCNSS).
Amid Tory allegations of political interference by Labour, it was clarified in the letter that the only politician privy to the statement was the then-Prime Minister, Rishi Sunak, in December 2023.
Starmer’s administration has maintained that ministers did not interfere. Attorney General Lord Hermer confirmed in a letter to the JCNSS that he was notified of the DPP’s decision to drop the case on September 3, leading to its collapse.
Lord Hermer emphasized that he discussed the decision but refrained from intervening or providing directives to the DPP, as per Stephen Parkinson’s explicit request.
The DPP and Mr. Collins are scheduled to face questioning by MPs on Monday following these disclosures. Parkinson noted that Collins’s reluctance to characterize China as a national security threat was detrimental to the case, taking over a year to ascertain this stance.
He highlighted a High Court ruling from June the previous year defining an “enemy” under the law as a state posing an active threat to UK national security, prompting the CPS to seek clarification from the deputy national security adviser on whether China met this criteria.
Prosecutors anticipated obtaining this clarification from Mr. Collins but faced an insurmountable obstacle, leading to the case’s collapse.
These revelations have drawn criticism towards the Conservatives. The Prime Minister’s press secretary commented that baseless accusations circulated by the Tories had been proven false, highlighting significant gaps in national security that required accountability.
Liberal Democrat Home Affairs Spokesperson Max Wilkinson MP expressed that the unfolding events exposed the need for Conservatives and Labour to address serious inquiries regarding the case, calling for an apology to the public for any misinformation provided.