BRITAIN’S top prosecutor has blamed Labour for the collapse of the high-profile Chinese spy trial.
In a striking admission, Stephen Parkinson, the Director of Public Prosecutions, said the Crown Prosecution Service (CPS) spent “many months” trying to secure witness statements confirming China posed a danger to the UK.
After playing a vital role in keeping the case alive, Stephen Parkinson has now issued a letter blaming Labour for the collapse of the Chinese spy trial[/caption]
Prime Minister Keir Starmer has responded by insisting that the blame lies with the former Tory government[/caption]
Those statements were vital to keep the espionage case against Christopher Berry and Chris Cash alive.
But the prosecution collapsed on September 15, when barrister Tom Little KC told the Old Bailey: “We simply cannot continue to prosecute this case.”
In a new letter to MPs, Mr Parkinson said: “Notwithstanding the fact that further witness statements were provided, none of these stated that at the time of the offence China represented a threat to national security, and by late August 2025 it was realised that this evidence would not be forthcoming.”
The letter triggered a fierce political row, with the Prime Minister on Tuesday insisting the blame lay with the former Tory government for failing to formally label Beijing a threat, leaving Labour unable to do so retrospectively.
Earlier this month, Mr Parkinson had blamed an “evidential failure” for the trial’s collapse but gave no further explanation.
He has now referred to a High Court ruling in a separate Russian spy case last year.
That ruling found that an “enemy” under the 1911 Official Secrets Act must mean a country that, at the time of the alleged offence, posed a real threat to the UK’s national security.
Mr Parkinson said that after this judgement, prosecutors again sought evidence from the government, but no witnesses would confirm China met the definition of an enemy.
Cash, a former head of a China policy group, and Berry were charged under the Official Secrets Act in April 2024.
They were accused of collecting and passing on information that could have aided an enemy.
Both men have denied any wrongdoing.
Tonight, on his way to India, Sir Keir confirmed he had been briefed throughout the process.
He argued that because the Conservatives were in power at the time of the alleged offence – and had not classed China as a threat – the law could not be applied retroactively.
The PM said: “Let me just be really clear about this.
“What matters is what the designation was in 2023, because that’s when the offence was committed and that’s when the relevant period was.
“Therefore, statements were drawn up at the time according to the then government policy, and they haven’t been changed in relation to it, that was the position then.
“You can’t prosecute someone two years later in relation to a designation that wasn’t in place at the time.”
The Sun reported earlier this month that the prosecution of the two men accused of spying for China was blocked despite evidence provided by MI5, it has been claimed (pictured Christopher Cash)[/caption]
Christopher Cash and Christopher Berry (pictured) had charges against them dropped last month[/caption]
