Spying trial collapsed after government refused to brand China a threat, says top prosecutor

A Chinese spying proceedings collapsed past period aft the UK authorities would not statement Beijing a nationalist information threat, a apical authoritative has said.

Christopher Cash, a erstwhile parliamentary researcher, and Christopher Berry were accused of espionage for China.

But the Crown Prosecution Service (CPS) announced connected 15 September that the charges would beryllium dropped, sparking disapproval from Downing Street and MPs.

Cash, 30, from Whitechapel, eastbound London, and Berry, 33, of Witney, Oxfordshire, had denied accusations of providing accusation prejudicial to the interests of the authorities successful breach of the Official Secrets Act betwixt December 2021 and February 2023.

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Stephen Parkinson, the manager of nationalist prosecutions (DPP), told MPs successful a missive connected Tuesday that the CPS had tried "over galore months" to get the grounds it needed to transportation retired the prosecution, but it had not been forthcoming from the Labour government.

However, Sir Keir Starmer insisted the determination to marque China a menace would person to person been taken nether the past Conservative administration.

The premier curate said: "You can't prosecute idiosyncratic 2 years aboriginal successful narration to a designation that wasn't successful spot astatine the time."

It is understood that the determination to extremity the lawsuit came aft a gathering of elder officials, which according to The Sunday Times, included Jonathan Powell, the nationalist information adviser, and Sir Oliver Robins, the Foreign Office's apical diplomat.

To beryllium the lawsuit nether the Official Secrets Act of 1911, prosecutors would person to amusement the defendants were acting for an "enemy".

Both the existent Labour authorities and the erstwhile Conservative governments person not labelled China a hazard to nationalist security.

In his missive to the chairs of the Commons location and justness prime committees, Mr Parkinson said: "It was considered that further grounds should beryllium obtained.

"Efforts to get that grounds were made implicit galore months, but notwithstanding the information that further witnesser statements were provided, nary of these stated that astatine the clip of the offence China represented a menace to nationalist security, and by precocious August 2025 it was realised that this grounds would not beryllium forthcoming.

"When this became apparent, the lawsuit could not proceed."

He besides pointed retired that successful a abstracted lawsuit astir Russian spying past year, a justice ruled that an "enemy" nether the 1911 Act indispensable beryllium a state that represents a menace to nationalist information of the UK "at the clip of the offence".

How has the authorities responded?

Sir Keir has addressed the contents of the letter, which helium said helium had "read astatine speed", portion connected committee a formation to Mumbai, arsenic portion of the UK's largest ever commercialized ngo to India.

The PM said: "What matters is what the designation [of China] was successful 2023, due to the fact that that's erstwhile the offence was committed and that's erstwhile the applicable play was.

"Statements were drawn up astatine the clip according to the past authorities policy, and they haven't been changed successful narration to it, that was the presumption then.

"I mightiness conscionable add, nor could the presumption change, due to the fact that it was the designation astatine the clip that matters."

Sir Keir, a erstwhile manager of nationalist prosecutions, added that helium wasn't "saying that defensively", but due to the fact that "as a prosecutor, I cognize that... it is what the concern astatine the clip that matters".

He besides declined to criticise the CPS oregon the DPP, arsenic helium said "it's omniscient not to".

Since the alleged spying offences took place, the caller National Security Act has superseded elements of the 1911 Act.

But Conservatives, including shadiness location caput Chris Philp, importune that Sir Keir has "very superior questions to personally answer".