Witness Statements From China Spying Case Released

A major spying case accusing two men of passing sensitive information to China has collapsed — and now the UK government, the Crown Prosecution Service (CPS), and Prime Minister Sir Keir Starmer are all facing intense scrutiny.

At the heart of the storm is the decision by the CPS to drop charges against Christopher Cash, a former parliamentary researcher, and academic Christopher Berry. Both had been accused under the Official Secrets Act of gathering and sharing information harmful to national security between 2021 and 2023. The prosecution was dropped last month after the CPS concluded the government hadn’t provided enough evidence that China was considered a “national security threat” at the time.

But newly released witness statements from Deputy National Security Adviser Matthew Collins say otherwise. In documents spanning from December 2023 to August 2025, Collins described China as conducting “large scale espionage operations” that “harm the interests and security of the UK” and threaten its “economic prosperity and resilience.”

The release of these statements — ordered by the Prime Minister after mounting political pressure — has done little to quiet criticism.

95% Isn’t Enough

CPS Director Stephen Parkinson reportedly told MPs on Wednesday that the case failed because the evidence was “5% short” of what was needed for prosecution. But critics, including Conservative MP Alicia Kearns, argue that it’s not the CPS that failed, but the government.

“In my view, the Crown Prosecution Service should have proceeded with this,” Kearns said. “The case law shows it’s for a jury to decide if China is or could be a threat to our country.”

Government minister Stephen Kinnock said the government was “deeply disappointed” by the collapse, but pushed the responsibility back onto the CPS: “I think [Parkinson] is the best person to explain what that 5% that was missing was.”

The Politics Behind the Policy

One of the most controversial elements is the language used in the witness statements. Collins included the line: “we will co-operate where we can, compete where we need to, and challenge where we must.”

That wording appears to be lifted directly from Labour’s 2024 election manifesto — a fact that has not been lost on opposition MPs and critics who allege political interference in the process. “It is political in the extreme,” said Alicia Kearns, who had previously employed Mr Cash. “There’s a direct lift from the Labour Party manifesto.”

Sir Keir’s team denies any political meddling and insists Mr Collins was given “full freedom to provide evidence without interference.” But the use of Labour-aligned language in an official witness statement has raised eyebrows, especially given Starmer’s previous claims that only policies of the former Conservative government were relevant to the case.

Luke de Pulford, a human rights advocate, said the phrasing “will become the main issue” for the Prime Minister.

The Accusations and the Collapse

According to the statements, Mr Cash allegedly passed sensitive information to Mr Berry, who then relayed it to a Chinese agent. That agent, operating under the pseudonym “Alex,” is said to have shared the intel with a top Chinese Communist Party official. At one point, Mr Cash is said to have told Berry: “You’re in spy territory now.”

Despite these details, the prosecution crumbled due to the CPS’s claim that official documents didn’t explicitly label China a national security threat at the time of the alleged offences. The government pointed to the Integrated Review and its refresh — both published under Conservative leadership — which described China as a “systemic challenge,” not an explicit “threat.” Ministers argue that this restriction tied their hands. Critics say the government could’ve done more.

Stephen Kinnock blamed the case’s failure in part on what he called the previous government’s “abject failure” to modernise security legislation. But others say the Labour government should have acted faster once it was clear the case was at risk. Downing Street admitted that Starmer was warned two days before the trial was dropped that it was on the brink of collapse, but chose not to intervene.

The CPS had reportedly asked Mr Collins for stronger wording to support the case. In response, Collins highlighted cyber-attacks by Chinese-linked groups and reiterated that China was the “biggest state-based threat to the UK’s economic security.” But crucially, he stopped short of calling China a national security threat in clear legal terms. The CPS decided that wasn’t enough.

Fallout and Reaction

In his first public statement on Wednesday night, Mr Cash said: “I have not had the daylight of a public trial to show my innocence… I should not have to take part in a trial by media.”

The collapse has reopened long-standing concerns over Chinese influence in the UK, especially given previous warnings by MI5 and other intelligence bodies. It’s also triggered debate over how the UK balances economic diplomacy with national security.

The Chinese government has dismissed the allegations. “We firmly oppose peddling China spy narratives and vilifying China,” said a foreign ministry spokesperson.