UK Espionage Trial Collapses Due to Lack of Evidence Labeling China as Threat
The trial of two men accused of spying for China collapsed after prosecutors failed to obtain government evidence labeling China as a national security threat.
The trial of Christopher Cash, 30, and Christopher Berry, 33, accused of espionage for China, has collapsed due to the Crown Prosecution Service's (CPS) inability to secure government evidence labeling China as a national security threat. Both men denied the allegations.
Stephen Parkinson, the Director of Public Prosecutions, stated that while there was sufficient evidence to prosecute at the time charges were brought in April 2024, a precedent set by another spying case earlier this year raised the threshold needed to convict under the Official Secrets Act. He explained that China would have needed to be labeled a "threat to national security" at the time of the alleged offenses. Efforts to obtain such evidence from the government over several months were unsuccessful.
The government expressed frustration over the trial's collapse. Sir Keir Starmer noted that the government's description of China could not change retrospectively and had to be based on the position of the previous government, which referred to China as an "epoch-defining challenge."
The case's collapse has prompted calls for further explanation. Former Director of Public Prosecutions Lord Macdonald urged Attorney General Lord Hermer to appear before MPs to clarify the situation, emphasizing the need for transparency in national security matters.
In 2023, MI5 head Ken McCallum highlighted a "sustained campaign" of Chinese espionage on a "pretty epic scale," and a parliamentary report indicated that China had penetrated "every sector" of the UK's economy.
The failure to prosecute has raised concerns about the UK's ability to address espionage threats and the challenges in aligning legal standards with national security assessments.
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