Threat assessment of China led to spy case collapse, says CPS

A high-profile espionage case in the UK involving two men accused of spying for China has been dropped due to insufficient evidence, according to the country’s top prosecutor. Christopher Cash, 30, and Christopher Berry, 33, both denied allegations of gathering and providing information prejudicial to the UK’s safety and interests between December 2021 and February 2023. The charges were dismissed in September 2024, sparking criticism from ministers and MPs. Sir Keir Starmer, the UK Prime Minister, stated that the government could only rely on the previous Conservative administration’s assessment of China, which labeled the country as an ‘epoch-defining challenge’ rather than a direct national security threat. Stephen Parkinson, the Director of Public Prosecutions, explained that while there was initially sufficient evidence to prosecute under the Official Secrets Act, a precedent set by another espionage case raised the threshold for conviction. Parkinson revealed that the Crown Prosecution Service had spent months attempting to obtain further evidence from the government, but the witness statements provided failed to meet the required standard. He emphasized that the evidence would have needed to portray China as a ‘threat to national security’ at the time of the alleged offenses. The government maintained that its description of China could not be retrospectively altered and had to align with the previous administration’s stance. The collapse of the trial has fueled frustration within the government, with Parkinson’s intervention following weeks of speculation. The case has also highlighted the Labour government’s efforts to recalibrate UK-China relations, including a cross-Whitehall audit of bilateral ties. In October 2024, Foreign Secretary David Lammy visited China, advocating for ‘pragmatic solutions to complex challenges.’ Additionally, Jonathan Powell, the UK’s National Security Adviser, met with Chinese officials in July 2024, signaling Britain’s willingness to enhance dialogue with Beijing. The case underscores the complexities of prosecuting espionage under the Official Secrets Act, which requires proof that the information shared was useful to an enemy nation.