New revelations have undermined Tory criticisms regarding the collapsed China spy trial, where plans to label Beijing an “enemy” were abandoned during Rishi Sunak’s administration. Kemi Badenoch’s party was accused of deceiving the public with exaggerated outrage over the case’s failure last month. The Conservatives have repeatedly blamed Keir Starmer’s Government for political meddling and later for not intervening in the prosecution of Christopher Berry and Christopher Cash, who were accused of sharing secrets with China between 2021 and 2023, despite both men denying the accusations.
The trial fell apart after the Crown Prosecution Service (CPS) declared a lack of evidence to proceed. Director of Public Prosecutions Stephen Parkinson then publicly criticized the Government for not furnishing enough proof that China posed a national security threat. Cash and Berry faced charges under the Official Secrets Act 1911, superseded by the National Security Act 2023, which required that individuals accused of espionage must have conveyed information useful to an adversary.
In a communication to MPs, National Security Adviser Jonathan Powell disclosed that references to China as an “enemy” of the UK were expunged from crucial evidence in 2023 due to inconsistency with government policy under the Conservatives at the time. Counter Terror Police and the CPS were aware of this alteration made by Deputy National Security Adviser Matt Collins, as confirmed in a letter jointly signed by both to the Joint Committee on National Security Strategy (JCNSS).
Despite Tory allegations of Labour’s interference, the letter clarified that only the former PM, Mr. Sunak, saw the statement in December 2023. Mr. Starmer’s Government asserted that ministers refrained from intervening. Attorney General Lord Hermer stated in a letter to the JCNSS that he was informed of the DPP’s decision to drop the case on September 3, leading to its collapse. Lord Hermer emphasized that he did not influence the case or issue directives to the DPP.
The DPP and Mr. Collins are scheduled for questioning by MPs soon. Mr. Parkinson highlighted Mr. Collins’s refusal to characterize China as a national security threat as detrimental to the case, stating that it took over a year to confirm this stance. The High Court’s ruling defined an “enemy” as a state actively threatening the UK’s national security, prompting the CPS to seek clarification from the deputy national security adviser (DNSA) on China’s status, which remained unresolved.
These revelations have sparked censure of the Conservatives, with the PM’s press secretary pointing out baseless accusations and negligence in national security matters. Liberal Democrat Home Affairs Spokesperson Max Wilkinson MP criticized Kemi Badenoch and demanded accountability from the Conservative leadership for misleading the public.