The child murder convictions of neo-natal nurse Lucy Letby have been branded “one of the major injustices of modern times” by former minister Sir David Davis as her legal team continues its campaign for a retrial.
She has so far been denied an appeal, but her case will be reviewed by the Criminal Cases Review Commission, which investigates potential miscarriages of justice, after her new legal team made an application to the body on Monday.
Letby, 35, from Hereford, is serving 15 whole-life orders after being 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.
Long-serving Conservative MP Davis hosted a press conference in London on Tuesday, introducing a panel of experts who all believe there has been a miscarriage of justice and that there are medical explanations for the babies’ deaths.
Retired medic Dr. Shoo Lee presented the findings of 14 medical experts who said they had compiled an “impartial evidence-based report” in a bid to clear Letby’s name.
‘Just Bad Medical Care’
He told journalists: “We did not find any murders. In all cases, death or injury were due to natural causes or just bad medical care.”
Lee said that doctors had failed to spot a dangerous bacterial infection in one baby who later died, labelling this a “preventable death.”
In the case of Baby K, Letby was convicted of attempting to murder the infant by dislodging her tube, which Lee said was inserted incorrectly by a doctor.
According to the panel, another baby died after suffering a blood clot when doctors left lines into the body without an infusion.
Lee, who co-authored a 1989 academic paper on air embolism in babies, has said previously that this study was misinterpreted by the prosecution at Letby’s trial and incorrectly used as evidence of her guilt.
He told the press conference that the panel’s thoughts were with the families of the babies who died.
“We understand their stress and their anguish, and our work is not meant to cause more distress,” he said.
“Rather, it is meant to give them comfort and assurance in knowing the truth about what really happened.”
Failed Bids to Appeal
Letby lost two bids last year to challenge her convictions at the Court of Appeal; once 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.At the first of those appeals, a bid to admit fresh evidence from Lee was rejected as three senior judges concluded there had been no prosecution expert evidence diagnosing air embolus solely on the basis of skin discolouration.
Lee said he has recently updated his academic paper and found no cases of skin discolouration linked to air embolism by the venous system in the babies who died.
In December, Letby’s new barrister Mark McDonald said that separately from the CCRC application, he would also seek permission from the Court of Appeal to apply to reopen the case on the grounds that Dr. Dewi Evans, the lead prosecution medical expert at her trial, was “not reliable.”
McDonald said in December that Evans had “changed his mind” about the medical cause of death in two of the babies, although the doctor had not changed his opinion that it was murder and that Letby was responsible.
Retired consultant paediatrician Evans said in response that concerns regarding his evidence were “unsubstantiated, unfounded, inaccurate.”
Letby has always maintained her innocence and her new legal team said in December that more than 50 experts had come forward to offer their services for free because they believe there may have been a serious miscarriage of justice.
According to the verdict of the court, Letby attacked the infants by various different means while working as a nurse on the neonatal unit at the Countess. One such method was said to be injecting air into the bloodstream, causing an air embolism blocking the blood supply and leading to sudden and unexpected collapses.
Detailed analysis conducted by a so-called “blue riband committee” of 14 leading neonatalogists was revealed at the press conference in central London.
Lee, who founded the Canadian Neonatal Network which includes 27 hospitals and 16 universities, gave medical explanations for the deaths and collapses of the premature and seriously ill babies, who are identified only by a number to protect the privacy of the families and the surviving children.
Public Inquiry Ongoing
A public inquiry into how Letby was able to carry out the crimes of which she is convicted while working in the NHS began hearing evidence in September, with closing legal submissions expected in March.The scope of Lady Justice Thirlwall’s inquiry is not to reappraise the evidence against Letby or the verdict of the courts, with her findings expected to be published this autumn.
Letby has been interviewed at HMP Bronzefield in Ashford, Surrey, under caution in relation to the ongoing investigation into additional baby deaths and non-fatal collapses at the wards for premature babies where she worked.
“We have received a preliminary application in relation to Ms Letby’s case, and work has begun to assess the application. We anticipate further submissions being made to us.
“It is not for the CCRC to determine innocence or guilt in a case, that’s a matter for the courts.
“It is for the CCRC to find, investigate and if appropriate, refer potential miscarriages of justice to the appellate courts when new evidence or new argument means there is a real possibility that a conviction will not be upheld, or a sentence reduced.
“At this stage it is not possible to determine how long it will take to review this application. A significant volume of complicated evidence was presented to the court in Ms Letby’s trials.
“The CCRC is independent. We do not work for the government, courts, police, the prosecution or for anyone applying for a review of their case. This helps us investigate alleged miscarriages of justice impartially.”
