Lucy Letby - latest: Killer nurse’s lawyers seek fresh appeal after claiming expert witness ‘changed mind’
Lucy Letby’s barrister Mark McDonald claimed that lead witness Dr Dewi Evans was ‘unreliable’
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Lucy Letby’s barrister has claimed to have new evidence that “significantly undermines” her convictions rendering them “unsafe”.
The former NHS neo-natal nurse is currently serving 15 whole-life terms after being found guilty of murdering seven newborn babies and attempting to murder seven others at the Countess of Chester Hospital between 2015 and 2016.
Her barrister, Mark McDonald, said he would immediately seek permission from the Court of Appeal to take the “exceptional, but necessary, decision” to apply to reopen her case.
Speaking at a press conference at London’s Royal Society of Medicine, Mr McDonald said that “remarkably” Dr Dewi Evans had changed his mind over the mechanism of death involving three of Letby’s murder victims.
He said: “The defence will argue that Dr Evans is not a reliable expert, and all the convictions are not safe.”
Reading out a statement from neonatologists Dr Neil Aiton and Dr Silvena Dimitrova, he said: “We have provided evidence that Baby O died due to issues related to the resuscitation. Baby C died due to problems caused by failing placental function at the end of the pregnancy.
“We have seen no evidence of deliberate harm to these babies by anyone.”
In October, Letby was refused permission to appeal against her latest conviction for the attempted murder of a baby girl, having previously been denied her challenge to appeal her murder convictions.
Forensic evidence on both sides subject to interpretation, top lawyer warns
Describing the appeal process, Michael Mather-Lees KC, head of chambers at Church Court Chambers, said: “In a case of this gravity, or indeed any cases that may merit reconsideration, the Court of Appeal will only review the case if there is new evidence that was not available at trial, if there is valid and differing opinion with regards to that evidence, or a fundamental procedural error.
“Often, this will be expert evidence. This is particularly important when considering cases of cot death, baby-shaking and other infant homicide.
“It is likely that there will be a considerable weight of forensic medical evidence on both sides that will be subject to interpretation and or opinions.
“These cases are normally prosecuted on the basis of a combination of factors. The first is that of forensic medical evidence and pathology, and the second being the factual evidence – however this list is not exhaustive.
“In general terms, permission to argue a renewed application to appeal will only be granted if there is such new evidence as enables the Court of Appeal to say the new evidence is such as may lead to a conviction, or convictions being quashed.”
‘Babies’ breathing tubes became dislodged on 40% of shifts that Letby worked’
Lucy Letby is serving 15 whole-life orders after she was convicted at Manchester Crown Court of murdering seven infants and attempting to murder seven others, with two attempts on one of her victims, between June 2015 and June 2016.
She is currently in HMP Bronzefield in Ashford, Surrey, which caters for category A women prisoners.
Dr Stephen Brearey, senior paediatrician on the neo-natal unit at the Countess of Chester, told the Thirlwall inquiry last month that he believes she is “likely” to have murdered or attacked more babies before she killed her first victim, a premature twin boy known as Baby A, in June 2015.
Dr Brearey told the hearing: “On reflection I think it’s likely that Letby didn’t start becoming a killer in June 2015, or didn’t start harming babies in June 2015.
“I think it’s likely that her actions prior to then over a period of time changed what we perceived to be abnormal.”
Dr Brearey said the reporting culture on the unit was good and staff were very aware to report things they thought had gone wrong.
But “in retrospect” he believed some of the incidents between June 2015 and June 2016, and “probably before”, were deteriorations of babies that could have triggered further investigation.
The inquiry has heard that babies’ breathing tubes became dislodged on 40% of shifts that Letby worked at Liverpool Women’s Hospital between October and December 2012, and January and February 2015.
Is Lucy Letby a psychopath – and would she have killed if not?
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Is Lucy Letby a psychopath – and would she have killed if not?
As Letby’s lawyers claim an expert witness at the trial, Dr Dewi Evans, has changed his mind on key evidence, a new book has been released that explores how a nurse could go from an ordinary young woman to the most prolific child killer of the modern era. Here authors Jonathan Coffey and Judith Moritz reveal what they discovered about her state of mind...
Lucy Letby: A timeline of her killings
The press conference heard that lead witness for Lucy Letby’s prosecution Dr Dewi Evans had changed his mind over the mechanism of death involving three of Letby’s murder victims: Baby C, Baby I and Baby P.”
Mr McDonald continued: “Dr Evans had said to the jury that Lucy Letby had injected air down a nasal gastric tube and this had led to the death of the three babies.
“This was repeated to the Court of Appeal, who may have been misled when they ruled on the application for leave against the convictions.
“Dr Evans has also said that he has revised his opinion in relation to Baby C and has written a new report, a new report that he has given to the police, months ago now.
“Despite numerous requests, the prosecution has yet to give this report to the defence.
“The defence will argue that Dr Evans is not a reliable expert, and given that he was the lead expert for the prosecution, we say that all the convictions are not safe.”
CCRC will only refer Letby case back to Court of Appeal if it can be overturned
Katie Wheatley, head of crime and regulatory at Bindmans, reacted to the Lucy Letby press conference this afternoon. She said: “Usually when there has been an unsuccessful appeal at the Court of Appeal, even if fresh evidence comes to light, the convicted person seeking to appeal has to refer their case to the Criminal Cases Review Commission (CCRC) and the CCRC will decide whether to refer the case back to the Court of Appeal.
“Due to the CCRC’s heavy caseload, decisions can take months if not years. The CCRC has power to investigate and gather material before reaching a decision.”
Ms Wheatley said that the CCRC will refer a case back to the Court of Appeal if “there is a real possibility that the conviction will be overturned”.
CPS say Court of Appeal have already rejected Letby argument
A Crown Prosecution Service spokesperson said: “Two juries and three appeal court judges have reviewed a multitude of different strands of evidence against Lucy Letby.
“She has been convicted on 15 separate counts following two separate jury trials.
“In May, the Court of Appeal dismissed Letby’s leave to appeal on all grounds – rejecting her argument that expert prosecution evidence was flawed.”
'Baby O was central to the prosecution’s case’
Private Eye’s medical correspondent Dr Phil Hammond posted on X: “Baby O is the case the police chose to show Dewi Evans at the very start of his investigation. Baby O is the case Dewi Evans was certain showed deliberate harm to the liver within 10 minutes of looking at the notes.
“Baby O was the case that the prosecution made a central plank of their case, arguing Letby had come back from holiday thirsty for murder and hit Baby O in the liver.
“Now two practising Level 3 neonatologists with far more current and relevant expertise than anyone who gave evidence in the trial, have examined the notes in meticulous detail and concluded that Baby O’s liver damage was a combination of over-inflation of the lungs, pushing the liver down, and a needle inappropriately inserted too high on the right-hand side puncturing the liver and causing a documented fall in haemoglobin.
“Who do you believe?
Experts working day and night on Letby reports
Taking over Letby’s lawyer Mark McDonald said some of his team of international medical experts are “working day and night” to draft reports.
“Not one of them is being paid,” he says. “They’re doing it because they feel that something has gone wrong.
“And if I can draw an analogy, it’s probably not the best analogy, it’s almost like a Post Office master pleading guilty to a crime they haven’t committed because they got told the software was accurate, and now they’re told it’s not.”
The press conference has concluded.
‘There is no motive’ medical legal expert defends Letby
Medical expert Dr Richard Taylor said: “Nursing is an altruistic profession. You don’t go into it for the money but to help others and that applies to her.
“She has no past history of any antisocial behaviour, any criminal behaviour, any psychiatric problems at all.
“There is no motive. Her friends are all completely astounded, flabbergasted by the accusations. That brought up red flags for me.
“What is the evidence here? You go further into it and the evidence is based on really one expert witness a paediatrician who retired 15 years from clinical practice who actively volunteered his services to the CPS when he discovered there was an inquiry going on.”