A committee of MPs has warned that the systemic failures that led to the collapse of China’s espionage trials could be repeated without major reforms.
A report by the Joint Committee on National Security Strategy said “chaotic” mismanagement led prosecutors to drop charges against Chris Cash and Chris Berry, who were accused of passing sensitive material to Chinese intelligence agents.
Both men maintain their innocence.
Critics accused the government of deliberately letting the case fail to avoid damaging trade relations with China, but the report found there was no “concerted effort” to end the trial.
Commission chairman Matt West warned that mishandling similar cases in the future would “undermine public trust”.
Former parliamentary researcher Mr Cash and China scholar Mr Berry were both charged under the Official Secrets Act in April 2024.
Mr. Cash worked for two prominent China critics, Congressman Tom Tugendhat, then chairman of the Foreign Affairs Committee, and Alicia Kearns, who later held the same position.
The Crown Prosecution Service (CPS) said the case collapsed after deputy national security adviser (DNSA) Matthew Collins refused to designate China as an “enemy” at the time of the alleged offences.
But the committee of MPs said they were “surprised” by the CPS’s decision and said it could have been “put to a jury”.
The committee found there was no “high-level coordinated effort” to undermine or impede the trial.
Instead, it was plagued by “chaotic” mismanagement and “confused and inconsistent expectations.”
Communication between the CPS and the government was “inadequate” and the eight-month delay in obtaining a second witness statement remains unexplained.
The report also refutes the government’s claim that similar future trials under the National Security Act 2023 will not fail. The legislation, introduced by the Conservative government, aims to lower the threshold for espionage cases – from aiding “enemies” to crimes linked to foreign powers – and cover modern threats such as cyberattacks.
“We urge the government to avoid characterizing the Cash/Berry failure as a one-off idiosyncrasy caused entirely by outdated legislation,” the report said.
West, a Labor MP, said: “As the global security environment deteriorates, sensitive national security cases will arise more frequently.
“The government must demonstrate to the public that it has the confidence to stand up to its opponents when required: failure to do so will erode public trust in our institutions.”
The report calls on the government to consider sweeping reforms within six months to prevent a repeat of the past.
The DNSA’s roles and responsibilities have been “isolated and exposed” and must be immediately reviewed and overhauled, the report said.
Communication between the CPS and government must also be “timely reviewed and improved”.
In future trials, every espionage case must have a formal conference within 30 days of charges. These will allow prosecutors, investigators, government witnesses and law enforcement officials to detect weaknesses in the evidence early.
The report said there must be more “clarity” about whether government witnesses provide policy details or evidence.
[BBC]
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