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The collapse of a case against two men accused of spying for China has been attributed to outdated legislation by the attorney general. Lord Hermer, the government’s chief legal adviser, expressed his belief that if a new law had been in place during the alleged offences, the trial would have proceeded. Christopher Cash and Christopher Berry, who denied any wrongdoing, had charges dropped against them in September under the aegis of the Official Secrets Act, a law dating back to 1911.
Both men were charged with gathering and providing information prejudicial to the state’s safety and interests between December 2021 and February 2023. Lord Hermer’s testimony before Parliament’s Joint Committee on the National Security Strategy highlighted the inadequacy of the Official Secrets Act, which required information to be useful to an enemy for prosecution in spying cases. The collapse of this case underscored the challenges posed by the term “enemy.”
Director of public prosecutions, Stephen Parkinson, revealed that the case could not progress due to a government witness, Matt Collins, who failed to affirm China’s threat to national security during the period of alleged offences. This led to a Court of Appeal ruling in July 2024 clarifying the requirements under the Official Secrets Act. The political fallout ensuing from the case brought forth accusations against the Labour government for potential involvement in the collapse, although the government denied any interference by ministers or special advisers. Lord Hermer dismissed allegations of political meddling as “baseless” and “disgraceful.
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