The highly controversial case against two British men accused of spying for China collapsed in a dramatic and secretive manner, with critical evidence that led to the trial’s downfall being withheld from the public. The Crown Prosecution Service (CPS) has refused to release a key witness statement from the government’s deputy national security adviser, Matthew Collins, whose testimony was pivotal in the decision to drop the charges. Requests for disclosure of this evidence were rejected on the grounds that its publication would be "inappropriate" outside of a courtroom setting.

The espionage trial against Christopher Cash, a parliamentary researcher aged 30, and Christopher Berry, a 33-year-old academic, was abandoned last month without explanation offered in open court. Both had been accused of passing sensitive information to Beijing—a charge they denied. According to reports, Mr Collins was asked multiple times to provide evidence that China should be officially designated an enemy of the UK to satisfy legal requirements under the Official Secrets Act. His refusal or inability to do so led to the Director of Public Prosecutions (DPP) halting the prosecution, underscoring the pivotal role his testimony played in the trial’s outcome.

The fallout has triggered a fierce blame game within government circles. Senior ministers publicly placed responsibility on Matthew Collins for failing to officially label China as a national security threat, a designation necessary for prosecutors to proceed under the law. Security Minister Dan Jarvis named Collins as the official responsible, igniting criticism from opposition politicians and some former ministers who argued that Collins is being unfairly scapegoated. Former Security Minister Tom Tugendhat told BBC Newsnight that singling out Collins in this way was "pretty low," while Tory politician Lord Gove questioned whether one civil servant should bear full responsibility for what may be a broader governmental failure.

Downing Street has sought to affirm its support for Collins, with official spokespeople emphasising the deputy national security adviser’s experience and integrity. Prime Minister Keir Starmer was reported to have full confidence in Collins, despite not having been privy to the witness statements or internal evidence held by the CPS. This insistence contrasts with Labour Shadow Foreign Secretary Yvette Cooper’s reluctance to guarantee Collins’ job security amid the controversy.

A central issue in the case is the UK government’s refusal, under the previous Conservative administration, to define China as an official "enemy" and threat to national security. This classification is legally necessary under the Official Secrets Act, which applies only when the accused’s alleged espionage is directed against an enemy of the state. Consequently, without government testimony confirming China’s status as such during the relevant period, the CPS concluded that the case could not proceed. According to the DPP, Stephen Parkinson, no government representative was willing to testify that China represented a threat at the time the offences were alleged to have occurred, leading to the case's collapse just weeks before trial.

The ruling Conservative government’s stance, describing China as a "challenge" rather than an enemy, has sparked allegations of political interference and fears that trade considerations influenced the decision. Critics argue that dropping the charges underscores a reluctance to jeopardise diplomatic and economic relations with Beijing. Meanwhile, Prime Minister Starmer has defended adherence to the legal framework established by the previous administration, explaining that prosecutions require the formal enemy designation which was lacking.

The accused men’s backgrounds further complicated public perceptions. Christopher Cash worked closely with Conservative lawmakers and led the China Research Group, while Christopher Berry had an academic career that included teaching in China. Both had faced charges under the Official Secrets Act for allegedly providing information that could prejudice the UK’s safety between December 2021 and early 2023. Both denied all allegations and maintained their innocence.

British prosecutors insist that they pursued the case with all possible diligence. Statements from the CPS assert that they were committed to bringing the case to court but were constrained by the absence of government testimony affirming China as an enemy during the relevant dates. The unprecedented collapse of the espionage trial is a rare indication of how geopolitics, government policy, and legal technicalities can intertwine to shape national security proceedings—leaving many questions about transparency and accountability unanswered.

📌 Reference Map:

Source: Noah Wire Services