New evidence has surfaced, challenging Tory criticisms regarding the collapsed China spy trial, as the intention to label Beijing as an “enemy” was abandoned during Rishi Sunak’s administration. Kemi Badenoch’s party faced allegations of deceiving the public with exaggerated protests over the case’s unraveling last month.
The Conservatives have repeatedly accused Keir Starmer’s administration of political meddling and subsequent inaction in the prosecution of Christopher Berry and Christopher Cash, accused of sharing secrets with China between 2021 and 2023. Both individuals have consistently refuted the accusations.
Following the Crown Prosecution Service (CPS) declaring insufficient evidence to proceed to trial, Director of Public Prosecutions Stephen Parkinson publicly criticized the Government for failing to present adequate proof of China posing a national security threat.
Cash and Berry faced charges under the Official Secrets Act 1911, which has since been replaced by the National Security Act 2023. The former legislation stipulated that individuals accused of espionage could only be prosecuted if the information they disclosed was beneficial to an adversary.
In a communication to Members of Parliament, National Security Adviser Jonathan Powell disclosed that any mention of China as an “enemy” of the UK was omitted from critical evidence in 2023 due to it not aligning with government policy at the time under the Conservatives.
The letter highlighted that Counter Terror Police and the CPS were aware of the alteration made by Deputy National Security Adviser Matt Collins. It stated that only the then-Prime Minister, Rishi Sunak, had reviewed the statement in December 2023 amidst Tory complaints of Labour’s alleged political interference.
Mr Starmer’s government maintained that ministers did not intervene in the case. Attorney General Lord Hermer affirmed being informed of the DPP’s decision to withdraw the case on September 3, leading to its collapse.
Lord Hermer clarified that he had discussions regarding the decision but refrained from interfering or providing directives to the DPP, respecting a request from Mr Parkinson not to disclose the information to Cabinet colleagues.
These revelations precede the scheduled appearance of the DPP and Mr Collins before MPs for questioning. Mr Parkinson emphasized that Mr Collins’s reluctance to characterize China as a national security threat fatally impacted the case, as confirmed after more than a year of deliberation.
Criticism was directed at the Conservatives following these disclosures. The PM’s press secretary pointed out the baselessness of the accusations hurled by the Tories, emphasizing their negligence in national security matters, which resulted in significant legal loopholes.
Liberal Democrat Home Affairs Spokesperson Max Wilkinson MP commented on the situation, stating that Kemi Badenoch and both Conservative and Labour parties need to address serious concerns related to the case. He called for accountability from the Conservative leadership for misleading the public with their feigned outrage.