Chief prosecutor explains China spy case collapse to MPs

Stephen Parkinson, the Director of Public Prosecutions (Aaron Chown/PA) Aaron Chown

The Government's evidence in the China spying case was not strong enough to take to trial, the chief prosecutor for England and Wales has told MPs. Stephen Parkinson, the Director of Public Prosecutions, said prosecutors could not provide sufficient evidence to sustain the case on one essential element required by law.

The case against Christopher Cash, a former parliamentary researcher, and Christopher Berry collapsed in September after both men denied charges under the Official Secrets Act. Parkinson insisted the failure was not "a question of blame" but stemmed from an inability to prove that China was an "enemy" as required by statute.

Central evidence problem

The prosecution could not demonstrate that China posed an "active threat" to UK national security in the terms required by law. Matt Collins, the deputy national security adviser, provided evidence that proved central to the case's collapse.

Tom Little KC, the prosecution's lead barrister, revealed that Collins told him "he would not say that China posed an active threat to national security at the material time". Little said this "brought this case effectively to a crashing halt as far as that was concerned with that witness".

Parkinson told the Joint Committee on the National Security Strategy that no "reasonable jury" could have been properly directed to conclude China was a threat to UK national security. Defence lawyers could have successfully argued there was "no case to answer" if any element of the offence was not satisfied, he explained.

Legal precedent debate

Dame Emily Thornberry, a senior Labour MP and former barrister, challenged Parkinson's interpretation of case law. She argued that the Roussev case involving Bulgarian nationals spying for Russia had established that the term "enemy" should be approached in a "common sense way" by juries.

Thornberry told the committee that juries "have so much more common sense than the lawyers" and should have been allowed to decide whether China qualified as an enemy. When asked whether he felt the Government wanted the case to fail, Parkinson said "nothing reached me".

Westminster blame game

The collapse of the high-profile case has triggered what observers describe as a Westminster blame game. Parkinson emphasised that prosecutors' responsibility is "to place cases before the court on the basis of sufficient evidence to secure a conviction".

The committee heard from multiple witnesses on Monday, including Cabinet Secretary Sir Chris Wormald and Collins himself. Further hearings are scheduled for Wednesday with Attorney General Lord Hermer and Chancellor of the Duchy of Lancaster Darren Jones appearing before the committee.

Sources used: "PA Media" Note: This article has been created with Artificial Intelligence (AI).