Defence lawyers would have used Tories' statements to dismiss China spy case, attorney general says

"Richard Hermer told parliament there would have been plenty of reference by lawyers defending Christopher Cash and Christopher Berry's to Conservative ministers' policy positions had the trial gone ahead. The attorney general was giving evidence on the collapse of the Chinese espionage trial last month, which has triggered a blame game between the government and prosecutors over who bears responsibility. Cash, a former parliamentary researcher, and Berry, a teacher, both denied charges of espionage under the 1911 Official Secrets Act."

"He said defence lawyers would have raised questions including: Shall we look at what the foreign secretary at the time said at his Mansion House speech where he sets out the government's position and he says you can't call China a threat? Then shall we look at what Ms Badenoch said when she was secretary of state that she wouldn't call China a foe?"

"Speaking to the joint committee on the national security strategy (JCNSS) on Wednesday, Hermer said Tory ministers' statements would have been brought up in cross-examination as evidence that China was not seen by the government as an enemy at the time of the alleged offences between 2021 and 2023. While he was foreign secretary in 2023, Cleverly used a Mansion House speech to argue that summing up China in one word, whether threat', or partner', or adversary' was impossible, impractical and most importantly unwise."

The Chinese espionage trial collapsed last month, prompting a dispute between government and prosecutors over responsibility. Two men charged under the 1911 Official Secrets Act denied espionage; the outdated law required prosecutors to prove China was an enemy. Defence strategy would likely have relied on Conservative ministers' public statements portraying China as not an enemy to undermine the charges. Cross-examination would have probed ministers' Mansion House remarks and statements declining to label China a foe as evidence of government policy at the time. Prosecutors faced the prospect that those political positions could weaken proof of hostile intent for alleged offences between 2021 and 2023.

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