Parkinson explains why case was dropped after top official would not call China an ‘enemy’published at 15:57 GMT
Christopher Berry (left) and Christopher Cash (right)
One of the core elements to prove with the charges against Cash and Berry, under the Official Secrets Act 1911, would have centred on convincing a jury that the UK government had considered China as an
“enemy” between 2021 and 2023, when the alleged offending occurred.
The prosecution case at the time planned to rely on evidence
from Deputy National Security Adviser Matt Collins. Prosecutors believed at the time that proving China was an active or current threat to national security would meet the “enemy requirement”.
A statement Collins produced went into detail about the activities
of Chinese intelligence agencies. But the word “enemy” was removed in the
final version.
Then, in July 2024, a Court of Appeal ruling for a separate
case underlined the need to provide a jury with a factual account of why a
state could be considered an enemy under the Official Secrets Act 1911.
Parkinson explains that this ruling meant they returned to
Collins for more evidence on China in relation to the time period covered by the charges.
However, a meeting followed in which, according to Parkinson’s
letter, Collins said he “would not answer the question, if asked, whether China
is an enemy within the meaning of the Official Secrets Act”.
The decision was “fatal to the case”, Parkinson says.
