MPs Caution China Spy Trial Collapse May Happen Once More
Fundamental deficiencies that resulted in the collapse of a Chinese spy trial may be recur without significant overhauls, a panel of MPs has warned.
Investigation Highlights "Shambolic" Mismanagement
A report by the Parliamentary Committee on the National Security Strategy stated "shambolic" administration led to authorities discontinuing accusations against Chris Cash and Christopher Berry, who were charged with transferring confidential information to a China-based spy.
The accused maintain their innocence.
"Botching similar future prosecutions will 'corrode public confidence'," cautioned panel head Matt Western.
Case Breakdown and Dispute
Mr Cash, a ex- parliamentary researcher, and China-based academic Christopher Berry, were both prosecuted under the espionage law in spring 2024.
He was employed by two well-known MPs critical of China, the MP, then head of the Foreign Affairs Committee, and Alicia Kearns, who later occupied the identical role.
The Crown Prosecution Service (CPS) claimed the case collapsed after a high-ranking government official, the deputy national security adviser (DNSA), declined to designate China an "enemy" at the period of the reported offences.
However, the committee of MPs said they were "surprised" by the prosecution's conclusion, suggesting it might have been "put before the tribunal".
Findings of the Report
The panel determined there was no "concerted high-level attempt" to sabotage or impede the case.
Instead, it was marred by "disorderly" handling and "bewilderment and conflicting assumptions".
- Dialogue between the prosecutors and ministers were "poor".
- An lengthy holdup in obtaining a second witness statement is still a mystery.
- The committee also disputed the government's contention that comparable trials in the coming years under the National Security Act 2023 would not collapse.
"The committee urges the administration to steer clear of characterising the collapse of this prosecution as a unique peculiarity created solely by old laws," the findings read.
Recommendations for Change
The report recommends the administration to consider introducing sweeping measures within six months to stop a repeat.
- The role and responsibility of the senior security adviser — which had been left "cut off and exposed" — must be urgently assessed and restructured.
- Exchanges between the prosecution service and the government must also be "reviewed and strengthened at speed".
- In subsequent prosecutions, every espionage matter must convene a formal briefing within 30 days of charge to identify problems in the proof promptly.
- Greater "clear definition" must be given on whether government witnesses are giving political guidance or testimony.
Western said: "Given that the world geopolitical situation deteriorates, high-stakes national security trials will arise with increasing frequency.
"Authorities must show the people that it is capable in facing down adversaries when necessary: failing to do so will erode public confidence in our institutions."