Letby barrister to hand over ‘fresh’ evidence to CCRC

The barrister representing convicted child serial killer Lucy Letby will hand over “fresh” medical evidence to an independent body in the hope that it will help clear her name.

Mark McDonald will visit the Birmingham offices of the Criminal Cases Review Commission (CCRC) to deliver the full findings of a 14-strong international panel of neonatologists and paediatric specialists who say poor medical care and natural causes were the reasons for babies collapsing at the Countess of Chester Hospital neonatal unit.

Also being passed to the CCRC, which investigates potential miscarriages of justice, is a separate report from seven medics which claims the results of insulin tests on two infants, which a jury concluded Letby poisoned, were unreliable.

Letby, 35, from Hereford, is serving 15 whole-life orders after she was convicted across two trials at Manchester Crown Court of murdering seven babies and attempting to murder seven others, with two attempts on one of her victims, between June 2015 and June 2016.

Last month, lawyers for the families of Letby’s victims rubbished the international panel’s findings as “full of analytical holes” and “a rehash” of the defence case heard at trial.

Mr McDonald will also give the CCRC a separate report on the insulin cases of Child F and Child L from seven experts including two consultant neonatalogists, a retired professor in forensic toxicology and a paediatric endocrinologist.

Their report summary concluded the jury were misled in a number of “important areas” including medical and evidential facts, and that key information on the insulin testing procedure was not submitted.

It added that the biomechanical test used in both cases “can give rise to falsely high insulin results” due to the presence of antibodies which can interfere with the outcome.

The authors said: “Our inescapable conclusion is that this evidence significantly undermines the validity of the assertions made about the insulin and C-peptide testing presented in court.”

Speaking of both reports, Mr McDonald said: “The fresh evidence totally undermines the prosecution case at trial.

“This is the largest international review of neonatal medicine ever undertaken, the results of which show Lucy Letby’s convictions are no longer safe.

“The conclusions of the report on Babies F and L clearly demonstrate that the case must go back to the Court of Appeal as a matter of urgency.

“I hope the CCRC will realise this and refer the case without undue delay.

“Lucy Letby is currently serving 15 whole-life terms in prison, when overwhelming independent expert evidence indicates that no babies were murdered.”

Letby lost two bids last year to challenge her convictions at the Court of Appeal, in May for seven murders and seven attempted murders, and in October for the attempted murder of a baby girl which she was convicted of by a different jury at a retrial.

Lady Justice Thirlwall is due to publish in November the findings from the public inquiry into how the former nurse was able to commit her crimes.

In written submissions to the inquiry, Richard Baker KC, said families of Letby’s victims were concerned that medical evidence was being presented at press conferences.

He added it “raises the obvious suspicion that the priority for Letby and her supporters is to generate maximum publicity for her cause rather than approaching the issues that form the basis of any appeal in a reasoned way”.

The mother of Child C told the inquiry: “The media PR campaign aimed to garner public sympathy for Letby demonstrates a complete lack of understanding for Letby’s crimes and the complexity of the case.

“The misinformed and inaccurate media circus surrounding this case, our son and the other babies is potentiating the distress of all of the families involved.”

Cheshire Constabulary is continuing a review of deaths and non-fatal collapses of babies at the neonatal units of the Countess of Chester Hospital and the Liverpool Women’s Hospital during Letby’s time as a nurse from 2012 to 2016.

Senior investigating officer Det Supt Paul Hughes said: “The investigation into the actions of Lucy Letby, the trial process and medical experts continues to face scrutiny and criticism, much of it ill-informed and based on a very partial knowledge of the facts and totality of evidence presented at court and at the Court of Appeal.

“This case has been rigorously and fairly tested through two juries and subsequently scrutinised by two sets of appeal court judges.

“Lucy Letby’s trial was one of the longest running murder trials in British criminal history with the jury diligently carrying out their deliberations for more than 100 hours.

“As the case unfolded, multiple medical experts, specialising in areas of paediatric radiology, paediatric pathology, haematology, paediatric neurology and paediatric endocrinology and two main medical experts (consultant paediatricians), were enlisted to ensure that we carried out as thorough an investigation as possible.

“All are highly regarded in their area of expertise and were cross-examined whilst giving their evidence in court.

“The details of the case are clear and have been widely reported on.”

He went on: “It is out of a deep sense of respect for the parents of the babies that we have not and will not get drawn into the widespread commentary and speculation online and in the media. They have suffered greatly and continue to do so as this case plays out in a very public forum.

“Cheshire Constabulary is ready to support the CCRC and any appropriate review processes in order to inform any questions that may arise.”