MPs warn China spy trial failures could happen again

A committee of MPs and Lords has warned that systemic failures that led to the demise of a China spy trial could be repeated without major reforms. According to a study by the Joint Committee on the National Security Strategy, shambolic mismanagement resulted in lawyers dropping charges against Chris Cash and Chris Berry, who were accused of handing sensitive information to eta Chinese intelligence agent. Both men maintain their innocence. Critics suspected the government of deliberately allowing the case to fail to prevent trade relations with China, but the study found that there was no coordinated effort to bring down the trial. Matt Western, the committee chair, warned that mishandling similar future cases would "corrode public confidence.

Under the Official Secrets Act in April 2024, Mr Cash, a former parliamentary researcher and Mr Berry, based in China, were both charged. Mr Cash served for two leading China critics, MP Tom Tugendhat, then chair of the Foreign Affairs Committee, and Alicia Kearns, who later served in the same capacity. The Crown Prosecution Service (CPS) said the investigation was dismissed after deputy national security advisor (DNSA) Matthew Collins refused to designate China as a enemy at the time of the suspected offences. However, the cross-party commission, which included Lords and MPs, expressed disappointment with the CPS's decision, hinting that it may have been "put before the jury.

There was no coordinated high-level effort to derail or obstruct the trial, according to the committee. Rather, it was dominated by shambolic mismanagement,

confusion, and misaligned hopes. The CPS and the government's communications were

inadequate,

and the eight-month delay in obtaining a second witness statement was unexplained. The government's assertion that similar trials in the future under the National Security Act 2023 will not fail, according to the study. The legislation was introduced under Tory's Tory government to lower the bar in espionage cases - from assisting an

enemy

to offences involving foreign powers - to more sophisticated threats such as cyber attacks. According to the study,

We encourage the government to avoid describing the Cash/Berry case as a one-off occurrence caused solely by outdated legislation.

As the global security environment worsens, new high-profile national security questions will arise more often,

Western, a Labour MP, said. "The government must demonstrate that it is secure in standing up to rivals when asked, and failing to do so would damage public confidence in our organizations.

According to the paper, the government should consider implementing broad changes within six months to prevent a repeat. According to the study, the DNSA's position and role, which had been left isolated and revealed, must be urgently reviewed and overhauled. The CPS and the government's communications must also be

reviewed and enhanced at speed. Any espionage lawsuit in the future must hold a formal conference within 30 days of charge. Prosecutors, investigators, government officials, and law enforcement will be able to spot evidence early in the process. According to the survey, greater

clarity" must be provided on whether government witnesses are giving policy details or facts.

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