A Chinese language spying trial collapsed final month after the UK authorities wouldn’t label Beijing a nationwide safety menace, a high prosecutor has mentioned.
Christopher Berry, 33, and former parliamentary researcher Christopher Money, 30, have been accused of espionage for China.
However the Crown Prosecution Service (CPS) introduced on 15 September that the charges would be dropped, sparking criticism from Downing Avenue and MPs.
Berry, of Witney, Oxfordshire, and Money, from Whitechapel, east London, had denied accusations of offering data prejudicial to the pursuits of the state in breach of the Official Secrets and techniques Act between December 2021 and February 2023.
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Director of public prosecutions Stephen Parkinson. Pic: PA
Stephen Parkinson, the director of public prosecutions (DPP), advised MPs in a letter on Tuesday that the CPS had tried “over many months” to get the proof it wanted to hold out the prosecution, nevertheless it had not been forthcoming from the Labour authorities.
Nonetheless, Sir Keir Starmer insisted the choice to model China a menace must have been taken underneath the final Conservative administration.
The prime minister mentioned: “You may’t prosecute somebody two years later in relation to a designation that wasn’t in place on the time.”
It’s understood that the choice to finish the case got here after a gathering of senior officers which, in keeping with The Sunday Instances, included Jonathan Powell, the nationwide safety adviser, and Sir Oliver Robins, the International Workplace’s high diplomat.
To show the case underneath the Official Secrets and techniques Act of 1911, prosecutors must present the defendants have been appearing for an “enemy”.
Each the present Labour authorities and the earlier Conservative governments haven’t labelled China a threat to nationwide safety.
In his letter to the chairs of the Commons dwelling and justice choose committees, Mr Parkinson mentioned: “It was thought-about that additional proof needs to be obtained.
“Efforts to acquire that proof have been remodeled many months, however however the truth that additional witness statements have been offered, none of those said that on the time of the offence China represented a menace to nationwide safety, and by late August 2025 it was realised that this proof wouldn’t be forthcoming.
“When this grew to become obvious, the case couldn’t proceed.”
He additionally identified that in a separate case about Russian spying final yr, a choose dominated that an “enemy” underneath the 1911 Act should be a rustic that represents a menace to nationwide safety of the UK “on the time of the offence”.
The prime minister answered reporters’ questions concerning the collapse of the case whereas on a flight to Mumbai. Pic: PA
How has the federal government responded?
Sir Keir has addressed the contents of the letter, which he mentioned he had “learn at velocity”, whereas on board a flight to Mumbai, as a part of the UK’s largest ever commerce mission to India.
The PM mentioned: “What issues is what the designation [of China] was in 2023, as a result of that is when the offence was dedicated and that is when the related interval was.
“Statements have been drawn up on the time in keeping with the then authorities coverage, and so they have not been modified in relation to it, that was the place then.
“I would simply add, nor might the place change, as a result of it was the designation on the time that issues.”
Sir Keir, a former director of public prosecutions, added that he wasn’t “saying that defensively”, however as a result of “as a prosecutor, I do know that… it’s what the state of affairs on the time that issues”.
He additionally declined to criticise the CPS or the DPP, as he mentioned “it is sensible to not”.
Because the alleged spying offences occurred, the brand new Nationwide Safety Act has outdated components of the 1911 Act.
However Conservatives, together with shadow dwelling secretary Chris Philp, insist that Sir Keir has “very critical inquiries to personally reply”.
