The Director of Public Prosecutions (DPP), Stephen Parkinson, has offered a rare and detailed explanation for the collapse of a politically charged espionage case against two British men accused of spying for China. The prosecution against Christopher Cash, a parliamentary researcher, and Christopher Berry, a teacher, was dropped last month, prompting sharp criticism and speculation from politicians and media outlets, reported The WP Times with reference to BBC.

In an unusual move to counter public commentary, Mr. Parkinson clarified that the Crown Prosecution Service (CPS) could not proceed to trial because essential evidence regarding China's status as a "threat to national security" was not provided by the government, despite months of effort to obtain it.

The prosecution, which had initially deemed the evidence sufficient to bring charges in April 2024, faced a new, higher threshold for conviction under the Official Secrets Act. This shift was triggered by a precedent set by a separate case earlier this year involving six Bulgarian nationals convicted of spying for Russia. That case clarified that to successfully prosecute under the Act, the "enemy" must have been a threat to the national security of the UK at the time the alleged offences took place.

The Evidential Gap: China's Official Status

The collapse hinged on the legal requirement to demonstrate that China met this "threat" definition during the period of the alleged offences, which spanned from December 2021 to February 2023. Mr. Parkinson stated that the CPS made concerted attempts over many months to gather further witness statements from the government that would confirm China was officially designated a national security threat at that specific time.

Crucially, he confirmed, "none of these stated that at the time of the offence China represented a threat to national security." Since the description of China as a threat could not be applied retrospectively, the case could no longer meet the necessary evidential test to secure a conviction.

The prime minister, Sir Keir Starmer, weighed in on the matter, noting that the government's stance had to be based on the assessment of the previous Conservative administration, which had described China as merely an "epoch-defining challenge," rather than a threat. He stressed that prosecution must be based on the circumstances at the time of the alleged crime, shifting the focus to the historical policy of the then-government.

Political Fallout and Expert Commentary

The dismissal has fueled political controversy, with ministers expressing frustration and politicians like Conservative leader Kemi Badenoch even claiming during a party conference speech that the Labour party had "deliberately collapsed the trial" to appease Beijing.

Former DPP Lord Macdonald called for Attorney General Lord Hermer to address Parliament and provide a full explanation for the unprecedented collapse of a serious national security case. Lord Macdonald also expressed surprise at the government's willingness to "brief against the prosecutors," and speculated that the DPP’s requirement for a formal, public statement on China’s threat status might have been viewed as potentially "embarrassing" to British national interests. However, he maintained that the necessary proof could have also been established by simply demonstrating the recruitment of British citizens as spies for China.

The two men, Mr. Cash, 30, from London, and Mr. Berry, 33, from Oxfordshire, had been arrested in March 2023 as part of a counter-terror police investigation. They both denied the accusations of gathering and providing information prejudicial to the safety and interests of the state. The Official Secrets Act requires proof that any information passed on would have been useful to an "enemy." The legal interpretation of that term proved to be the undoing of this high-profile case.

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