China’s legal system can be opaque, with courts posting a 99.9 per cent conviction rate. 

Trials in China don’t have a prosecution and defence making arguments before a judge and jury. Instead, they are presided over by a judge who hears evidence and determines a sentence; how a defendant behaves in court can impact that sentence.

Experts say cases are essentially decided by the time they go to trial in China. 

“The earlier you are in a criminal case, the greater potential there is to find a path that doesn’t result in conviction, but here, we’ve gone all the way to trial; we are at the last stage in this process,”  said Ms Lewis.

“I cannot imagine a scenario that does not result in a guilty verdict.”

Ms Cheng’s friend, Haze Fan, a Chinese national and journalist for Bloomberg, was detained in December 2020 and continues to be held by authorities on vague national security concerns. Chinese authorities haven’t said whether the two cases are related.

Diplomats are routinely denied access to Chinese courts even when their foreign nationals are put on trial, with Beijing typically citing national security concerns. 

“Ms Cheng’s case has lacked transparency and the Australian Government has never been provided with details of the charges,” said Australian foreign affairs minister Marise Payne, describing it as a “closed and opaque process.”

She also urged China “to allow Ms Cheng unimpeded access to her lawyer,” and the ability to speak to her two young children in Australia with whom she’s had no contact with since being detained in 2020. 

“Australia stands by Ms Cheng and her family at this difficult time.” 

Mr Fletcher was also denied last May entry to the same court for the trial of Australian blogger Yang Hengjun, accused of espionage. Last March, Canadian diplomats were similarly barred from the trial of Canadian Michael Kovrig.

Ms Cheng’s family said in a statement: “Her two children and elderly parents miss her immensely and sincerely hope to reunite with her as soon as possible.” 

The case also comes amid a chilling and worsening press freedom environment in China, as found in a recent report by the Foreign Correspondents’ Club of China.