AFP/GETTY
Christopher Cash (left) and Christopher Berry (right) were both accused of being Chinese spies
Prosecutors have dropped charges against two men, including a former parliamentary researcher, who had been accused of spying for China, but the decision has prompted a furious reaction from leading members of the UK government.
Christopher Cash, 30, and Christopher Berry, 33, had previously denied the charges under the Official Secrets Act. Beijing called the allegations “malicious slander”.
The two men were accused of gathering and providing information prejudicial to the safety and interests of the state between 28 December 2021 and 3 February 2023.
Speaking outside the Old Bailey following the decision to cease legal proceedings on Monday, Mr Cash said he was “relieved that justice has been served”.
He described the two years since his arrest as a “nightmare” and said he hoped “lessons are learned from this sorry episode”.
Prosecutor Tom Little told the the court that his team would offer no evidence against the men and that “we simply cannot continue to prosecute this case”.
The court heard that the Crown Prosecution Service had determined the evidence it had gathered did not meet the threshold to go to trial. The pair were due to appear at Woolwich Crown Court from 6 October.
The Home Office said it was “disappointing that they will not face trial given the seriousness of the allegations”.
“We will continue to use the full range of tools and powers to guard against malign activity,” it added in a statement.
That stance was backed by Downing Street, with the prime minister’s official spokesman saying the allegations has been “gravely concerning”, adding: “It is extremely disappointing that these individuals will not face trial. Any attempt by a foreign power to infiltrate our Parliament or democracy is unacceptable.”
Mr Berry, a teacher from Witney in Oxfordshire, and Mr Cash, of Whitechapel in London, were arrested in March 2023 as part of an investigation that involved counter-terror police.
They were accused of collecting information which was “calculated to be, might be, or were intended to be, directly or indirectly, useful to an enemy”.
It had been reported that Mr Cash was involved with Parliament’s China Research Group (CRG).
He was understood to have had access to several Conservative MPs, reportedly including former security minister Tom Tugendhat and then-foreign affairs committee chairwoman Alicia Kearns.
And when Ms Kearns heard that no charges were to be brought, she spoke in the Commons – where her comments are covered by absolute privilege – and said: “It remains unclear to me why Chris Cash and Christopher Berry cannot be prosecuted under the Official Secrets Act. The evidence shows a clear line between these two, the United Front Work Department and the politburo, the very top of the Chinese Communist Party.
Defending Mr Cash, Henry Blaxland KC said his client’s colleagues at the CRG had “expressed disbelief” at his arrest.
“We only hope that he will be able to rebuild his life,” he added.
Mrs Justice Cheema-Grubb said she was “quite satisfied” and entered the two men into not guilty verdicts.
When they were charged, a Chinese embassy spokesperson said “the claim that China is suspected of ‘stealing British intelligence’ is completely fabricated”.
They urged the UK “to stop anti-China political manipulation and stop putting on such a self-staged political farce”.
The government has previously said Chinese spies were targeting UK officials across the political, defence and business sectors as part of an increasingly sophisticated espionage operation.
In December, senior judges upheld a decision by MI5 to warn that an alleged Chinese agent, Christine Lee, had infiltrated Parliament and funded a Labour MP, among others.
The same month, Yang Tengbo was named as a Chinese businessman who had been banned from the UK for allegedly spying.
Both Ms Lee and Mr Yang have denied the accusations made against them.