China spy case witness removed 'enemy' from evidence under Tories

China spy case witness removed 'enemy' from evidence under Tories

During the China spying case, a crucial witness took the term “enemy” out of a witness statement that was submitted to prosecutors as it did not align with government policy at the time. Matthew Collins, deputy national security adviser, mentioned in a letter to MPs that the initial draft containing the term “enemy” was written when the Conservatives held power. However, he clarified to police during the investigation that he couldn’t label China as an “enemy” because it was not in line with government policy back then. The Conservatives criticized Prime Minister Sir Keir Starmer for not acknowledging China as a national security threat, which they believe led to the case’s collapse earlier this year.

The PM’s spokesperson emphasized that the evidence provided by Collins and others affirms the government’s consistent stance. They reiterated that the key factor in such criminal cases is the government’s position at the time of the alleged offenses. Downing Street officials dismissed claims of political interference from the current government, stating that neither ministers nor special advisers influenced the evidence, and witness statements remained confidential. This contradicted the allegations made by the Conservatives, shifting the focus onto the Conservatives and the Crown Prosecution Service (CPS) as they continue to dispute responsibility for the trial’s collapse. The Liberal Democrats criticized the Conservative leadership for their hypocritical reactions and demanded answers from Tory leader Kemi Badenoch regarding the situation.

Charges against Christopher Cash and Christopher Berry, who denied the accusations, were dropped in September. Director of Public Prosecutions Stephen Parkinson attributed the case’s failure to the inability to secure evidence from the government asserting China as a national security threat. The Joint Committee on the National Security Strategy, comprising senior MPs and peers, initiated an inquiry and released evidence from Collins and others. Further evidence from the director of public prosecutions is anticipated to be disclosed later, accompanied by a hearing involving Collins among other witnesses next week. Collins, who provided three witness statements, outlined the UK’s policy towards China in his submissions, reflecting the government’s stance during both Conservative and Labour administrations.

Under the Official Secrets Act 1911, Cash and Berry faced charges related to spying, wherein the prosecution necessitates proving the information passed on was beneficial to an enemy. Collins detailed in his letter how Counter Terrorism Police (CTP) sought his involvement as a witness in August 2023 to establish the required “enemy” description for a case under the 1911 Act. He mentioned reviewing and amending the witness statement to ensure accuracy and alignment with current government policy. Collins’ adjustments were based on his professional expertise and aimed to represent the government’s perspective on the national security threats posed by China. Notably, he excluded the term “enemy” from the final draft at the government’s behest, signaling a departure from the previous stance. Lord Hermer, Labour’s Attorney General, also provided evidence to the committee, disclosing details about the decision to drop the case and the subsequent confidentiality maintained until all relevant parties were informed

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