The case against Christopher Cash, a former parliamentary researcher, and Christopher Berry was suddenly dropped by the Crown Prosecution Service in September with charges dropped
Keir Starmer has promised to publish major evidence in a collapsed China spy case “in full”.
Updating MPs on Wednesday, the Prime Minister said the Crown Prosecution Service (CPS) had told him last night it was up to the government to disclose a key witness statement.
It was written by the government’s deputy national security adviser, Matthew Collins.
The case against Christopher Cash, a former parliamentary researcher, and Christopher Berry was suddenly dropped by the Crown Prosecution Service on September 15.
Both men, who deny wrongdoing, had been accused of passing secrets to China, but charges against them were dropped last month.
The collapse of the case sparked a rare intervention from the director of public prosecutions (DPP), Stephen Parkinson, who said evidence could not be obtained from the Government referring to China as a national security threat.
In order to prove the case under the Official Secrets Act, prosecutors would have had to show the defendants were acting for an “enemy”.
Mr Starmer insisted on Wednesday the official’s witness statement was based on the Tory government’s position on China at the time the alleged incident took place.
The PM, who said he was “disappointed” the case had been dropped, insisted reviews of the former Conservative government had been “carefully worded” not to describe China as an enemy.
Mr Starmer said: “Instead, they stated increased national security protections where China poses a threat, and that the then government would engage with China to leave room open for constructive and predictable relations.”
He added: “Under this Government, no minister or special adviser played any role in the provision of evidence.
“I can’t say what the position was of the previous government in relation to the involvement of ministers or special advisers.”
Facing pressure to disclose the government’s evidence in the case, the PM added: “Last night, the Crown Prosecution Service clarified that, in their view, the decision whether to publish the witness statements of the (deputy national security adviser) is for the government.
“I therefore carefully considered this question this morning, and after legal advice, I have decided to publish the witness statement.
“Given the information contained, we will conduct a short process. But I want to make clear, I intend to publish the witness statements in full.
“Let me say this, had the Conservatives been quicker in updating our legislation, a review that started in 2015, these individuals could have been prosecuted, and we would not be where we are now.”