UK Prosecutors Drop Charges Against 2 Men Accused of Spying for China

Prosecutors have dropped the charges against two British men, one of them a former Conservative Party parliamentary researcher, who had been accused of spying for China.

Christopher Cash, 30, and Christopher Berry, 33, appeared during a short hearing at the Central Criminal Court in London—better known as the Old Bailey—on Sept. 15.

The pair were due to go on trial at Woolwich Crown Court in London in October, but prosecutor Tom Little told the hearing that the case no longer met the evidential threshold.

“We simply cannot continue to prosecute,” Little said.

He gave no more details about the reasons for the change in the Crown Prosecution Service’s position. A judge said she was satisfied and formally recorded not guilty verdicts against the pair.

The prosecutor said Cash and Berry had both faced “a single offence of spying on behalf of a foreign power.”

Accused Is ‘Entirely Innocent’

Cash had worked as a parliamentary researcher for Conservative MPs. Henry Blaxland, counsel for Cash, said his client was “entirely innocent and should never have been arrested, let alone charged.”

It had been alleged that between Dec. 28, 2021, and Feb. 3, 2023, Cash and Berry, “for a purpose prejudicial to the safety or interests of the State, obtained, collected, recorded, published or communicated to any other person articles, notes, documents or information which were calculated to be … useful to an enemy.”

That is a violation of section 1(1)(c) of the Official Secrets Act of 1911.

The Metropolitan Police previously stated, “The foreign state to which the above charges relate is China.”

The Chinese communist regime in Beijing previously denied the allegations.

After the hearing, Cash told reporters outside the court, “While I am relieved that justice has been served today, the last 2 1/2 years have been a nightmare for me and my family.”

He said he hoped that “lessons are learned from this sorry episode.”

Berry—who has not yet spoken to reporters or issued a statement through his lawyers—worked in various teaching posts in China since September 2015.

‘Evidential Standard’ Not Met

A Crown Prosecution Service spokesperson said in an email sent to The Epoch Times: “In accordance with the code for crown prosecutors, the evidence in this case has been kept under continuous review, and it has now been determined that the evidential standard for the offence indicted is no longer met. No further evidence will be offered.”

The UK interior ministry, the Home Office, told The Epoch Times in a statement that the decision “not to proceed with prosecuting two individuals under the Official Secrets Act was made by the Crown Prosecution Service, entirely independently of government.”

“National security is the first duty of government, and we remain steadfast in upholding this responsibility,” the Home Office said. “We will continue to use the full range of tools and powers to guard against malign activity. The introduction of the National Security Act has strengthened our ability to protect the UK and to detect, disrupt, and deter any state activity seeking to undermine our democratic institutions.”

Later, UK Security Minister Dan Jarvis told Parliament that the Foreign Office had served a diplomatic démarche on a senior official at the Chinese Embassy in London “to make clear we will not tolerate any activity that interferes with our democracy.”

Jarvis told MPs: “While we are extremely disappointed with the outcome in this case, legislation it relied on has already been changed. Should we need to go further, we will not hesitate to do what is necessary to keep our country safe.

“The last government did not describe China as an enemy, and this government does not think that our relationship can be simplified down to a single word. Instead, we are taking a consistent, long-term approach to China, firmly rooted in the UK’s global interests.”

Jarvis, a former British army officer, also paid tribute to the UK’s intelligence agencies, which he said operate “often in secret … often in the shadows, often at great personal danger.”

After Jarvis had given his statement, Alicia Kearns, a Conservative MP and former chair of the Foreign Affairs Committee, told the House of Commons: “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. This was information that was shared as prejudicial to the safety and interests of the UK, and I believe put members at personal risk.”

She noted that her colleague and former Security Minister Tom Tugendhat “was told by agency heads that evidence was overwhelming, the case beyond doubt, and counter-terrorism police this morning agreed and said the same to me, and that the evidential standard had been met at the time of charges.”

Reuters and PA Media contributed to this report.

Correction: A previous version of this article, based on a Reuters report, misstated who Christopher Cash’s counsel was and misattributed a quote from that counsel. The Epoch Times regrets the error.