New revelations have cast doubt on Tory criticisms regarding the collapsed China spy trial, as the intention to label Beijing as an “enemy” was discarded during Rishi Sunak’s administration.
Kemi Badenoch’s party faced allegations of deceiving the public through exaggerated protests over the case, which fell apart recently.
The Conservative Party has frequently accused Keir Starmer’s administration of meddling in politics and subsequently neglecting to act in the prosecution of Christopher Berry and Christopher Cash, who were accused of sharing information with China between 2021 and 2023. Both individuals have consistently refuted the accusations.
The trial fell apart after the Crown Prosecution Service (CPS) stated it lacked adequate evidence to proceed. Director of Public Prosecutions Stephen Parkinson blamed the Government for failing to present enough evidence to consider China a national security threat.
Cash and Berry were indicted under the Official Secrets Act 1911, which has since been replaced by the National Security Act 2023. The former law stipulated that individuals accused of espionage could only be prosecuted if the information they disclosed was beneficial to an enemy.
However, in a letter to Members of Parliament, National Security Adviser Jonathan Powell revealed that any mention of China being an “enemy” of the UK was omitted from crucial evidence in 2023 as it did not align with the government’s policy under the Conservatives at that time.
The document stated that drafts of a statement provided to Mr. Powell contained the term ‘enemy,’ but he removed it from the final version as it did not mirror the government’s stance.
Counter Terror Police and the CPS were made aware of this alteration by Deputy National Security Adviser Matt Collins, as stated in a letter signed by both individuals to the Joint Committee on National Security Strategy (JCNSS).
Amid Tory accusations of political interference by Labour, the letter clarified that the only politician to review the statement was the former Prime Minister, Mr. Sunak, in December 2023.
Mr. Starmer’s administration has maintained that ministers did not interfere. Attorney General Lord Hermer indicated in a letter to the JCNSS that he was informed of the DPP’s decision not to present evidence on September 3, resulting in the case’s collapse.
Lord Hermer confirmed discussing the decision with the DPP but clarified that he refrained from intervening in the case or providing directives to the DPP. He also noted that he did not share this information with Cabinet colleagues as per Mr. Parkinson’s explicit request.
He emphasized that he was not consulted on the decision and it would not have been appropriate for him to participate in or object to the decision to terminate the case on evidential grounds.
These revelations have raised concerns regarding the DPP, who is anticipated to face questioning from MPs soon. Mr. Collins, who was drawn into the controversy, will also present evidence.
The developments have led to criticism of the Conservatives. The Prime Minister’s press secretary remarked, “The Tories have spent weeks making unfounded accusations that have been proven false.
“They must address serious inquiries about their significant disregard for national security, which resulted in substantial loopholes in the law.”
Liberal Democrat Home Affairs Spokesperson, Max Wilkinson MP, commented, “Kemi Badenoch has been caught in her own trap. We have long suspected that both the Conservatives and Labour had to provide explanations about this case.
“Today’s revelations expose the Conservative leadership’s exaggerated outrage over the past few weeks – they owe the public an apology for misleading them.”
