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

Richard Hermer says failure by Kemi Badenoch and James Cleverly to describe China as a threat would have been seized on in trial

Defence lawyers would have used Kemi Badenoch and James Cleverly’s statements about China to dismiss a case against two men charged with spying for Beijing, the attorney general has argued.

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. The legislation, now repealed because of its age, required prosecutors to prove China was an “enemy”.