Table of Contents
- Prosecutor Blames Labour for Trial Collapse
- Importance of Witness Statements
- Trial Collapse Announcement
- Political Row Ensues
- Evidential Failure and Further Insights
- Official Secrets Act Ruling
- Charges Against the Accused
- Conservatives' Responsibility
BRITAIN’S leading prosecutor has held Labour accountable for the failure of the prominent Chinese spy trial.
In a notable statement, Stephen Parkinson, the Director of Public Prosecutions, mentioned that the Crown Prosecution Service (CPS) spent “numerous months” attempting to secure witness statements that would confirm a threat posed by China to the UK.


These statements were essential to sustain the espionage case against Chris Cash and others.
However, the prosecution fell apart on September 15, when barrister Tom Little KC informed the Old Bailey: “We simply cannot proceed with this case.”
In a recent letter to MPs, Mr. Parkinson stated: “Despite the fact that additional witness statements were provided, none indicated that at the time of the offence, China posed a threat to national security, and by late August 2025, it became clear that this evidence would not be available.”
This letter sparked a heated political debate, with the Prime Minister asserting on Tuesday that responsibility lay with the former Conservative government for not officially designating a threat, thus preventing Labour from doing so retrospectively.
Earlier this month, Mr. Parkinson had cited an “evidential failure” as the reason for the trial's collapse but did not elaborate further.
He has since referenced a High Court ruling in a different Russian spy case from last year.
This ruling established that an “enemy” under the 1911 Official Secrets Act must refer to a country that, at the time of the alleged offence, posed a genuine threat to the UK’s national security.
Mr. Parkinson noted that following this judgement, prosecutors sought further evidence from the government, but no witnesses could confirm that China met the definition of an enemy.
Cash, a former leader of a China policy group, and Berry were charged under the Official Secrets Act in April 2024.
They faced accusations of gathering and transmitting information that could potentially aid an enemy.
Both men have denied any wrongdoing.
This evening, as he was leaving for an engagement, Sir Keir confirmed that he had been kept informed throughout the process.
He contended that since the Conservatives were in power at the time of the alleged offence and had not classified China as a threat, the designation could not be applied retroactively.
The Prime Minister stated: “Let me clarify this. What matters is the designation in 2023, as that’s when the offence occurred and the relevant period applies.
“Consequently, statements were prepared at that time in accordance with the then government policy, which has not changed regarding this matter.”
“You cannot prosecute someone two years later based on a designation that was not in place at the time.”


Why did the Chinese spy trial collapse? The trial collapsed mainly due to insufficient witness statements confirming that China represented a threat to national security at the time of the alleged offence.
The trial collapsed mainly due to insufficient witness statements confirming that China represented a threat to national security at the time of the alleged offence.