The China spy case evidence raises more questions than it answers
S.ir Keir Starmer has released a series of witness statements given by the Crown Prosecution Service’s (CPS) deputy national security adviser in relation to the collapsed Chinese spying case.
The Prime Minister hoped the release of the evidence would draw a line to the saga that has dogged his government for weeks.
One key allegation was that the government refused to describe Beijing as a threat to Britain’s national security in its evidence to the CPS; This led to the collapse of the case against the two alleged spies.
But the evidence showed that deputy national security adviser Matt Collins repeatedly described the “threat” posed by China, including how it “threatens the economic prosperity of the UK, its resilience and the integrity of our democratic institutions”.
Here, Independent We review what we know and the unanswered questions about the collapsed Chinese spy case.
China ‘threat’
In September, the CPS unexpectedly dropped charges against two alleged spies, Christopher Cash and Christopher Berry. Both deny any wrongdoing.
He said the case collapsed because the government’s evidence did not show that China posed a threat to national security at the time of the alleged crimes committed under the last Conservative government.
But we know from statements published on Wednesday that Mr Collins has repeatedly highlighted the threat posed by Beijing, including in his final witness statement in August, in which he discussed “the threat of active Chinese espionage of the UK between 2021-23”.
But Britain wants a ‘positive relationship’ with Beijing
Despite repeatedly citing the “threat” posed by China, Mr Collins also said the government was determined to “maintain a positive relationship” with Beijing.
Kemi Badenoch said the government’s warm words on China were “taken directly from the Labor manifesto” and “the government’s story is falling apart under scrutiny”.
So why did the case collapse?
Attention has now turned to the CPS as the government calls on it to explain why the case collapsed.
CPS chief executive and director of prosecutions (DPP) Stephen Parkinson told MPs the evidence in the case was “95 per cent of what was there”, a minister said on Thursday. Stephen Kinnock said he explained that “a 5 percent difference is missing.”
“I think he’s the best person to explain how short that 5 per cent is,” Mr Kinnock told Sky News.
Why didn’t Keir Starmer intervene?
On Wednesday Downing Street confirmed Sir Keir had been informed of the impending collapse of the case two days before it was announced.
This raised new questions about what he knew about the case and whether he could have intervened.
The government said no minister played a role in the evidence given to the CPS by Mr Collins; This means that even if Sir Keir was informed, he should not have asked to see the evidence or asked why the case collapsed.
Was Matt Collins working alone?
Questions have also been raised about why Mr Collins took sole responsibility for giving evidence to the CPS, not working with senior Jonathan Powell, a politically appointed special adviser, or any ministers, including Sir Keir.
Given the seriousness and political sensitivity of the case, critics said it was unreasonable for a senior civil servant not to discuss the matter with ministers.
Shadow Home Secretary Alicia Kearns said it was “completely unreasonable” that Mr Collins, whose evidence has been sought by the CPS for more than 14 months, had not discussed the matter with Mr Powell, attorney-general Lord Hermer or other ministers.
What did the government say after this statement?
A Cabinet Minister has defended the government’s handling of the issue and explained how he found the Conservatives’ approach “confusing”.
Chris Ward, making his letterbox debut, said: “On Monday they accused the government, including the national security adviser, of making political inferences. The Prime Minister has made clear that this is completely false.”
“On the other hand, they also say there needs to be more, there needs to be political intervention and the prime minister needs to direct or try to help the CPS.
“The Prime Minister has made it very clear that this is not the case, the Prime Minister will not and no government will interfere with the CPS, it is entirely their decision to charge.”
At the same House of Commons hearing, Matt Western, chairman of the Joint Committee on National Security, demanded the presence of civil servants and ministers ahead of an inquiry into the debacle.
“Obviously there are a lot of questions to be asked about how this came to be, what evidence there was that wasn’t shared, but perhaps other evidence that wasn’t asked for,” he said, confirming that the investigation would continue.
Mr Ward said he was “confident it will be presented to the people’s committee”.
What’s next for alleged spies?
Mr Cash, the former parliamentary investigator, said the collapse of the case left him in an “impossible situation”.
“I would like to reiterate that I am completely innocent. Not only because the case against me was dropped, but also because I never knowingly aided Chinese intelligence,” he said as the evidence was released.
“I have not had the light of day to have a public hearing that would demonstrate my innocence, and I should not have to participate in a media-driven trial,” he added.
Mr Berry also denies any wrongdoing. But the evidence reveals how Mr Berry was recruited by the Chinese state and used Mr Cash to gather intelligence on the UK.
At one point, Mr. Cash told Mr. Berry “you’re in espionage territory right now.”
