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A public inquiry into what happened when Lucy Letby murdered seven babies at a hospital starts this week amid a growing debate on the evidence used to convict the nurse.
Letby was sentenced to 15 whole life orders after she was convicted of murdering seven babies and attempting to murder seven others at the Countess of Chester Hospital following two trials.
On Tuesday, an independent statutory inquiry, called the Thirwall Inquiry, begins to specifically explore what happened at the time of the crimes.
It begins, however, at a time of growing debate around scientific evidence used to convict Letby, 34, which has led to questions over whether the hearings should take place.
In a letter to ministers last month, a group of 24 neonatal experts said they feared a narrow scope for the inquiry based on Letby’s convictions could lead to “a failure in understanding and examining alternative, potentially complex causes for the deaths, thus missing important lessons”.
One area of concern over the statistical evidence presented to jury was a table that suggested Letby was always on shift when babies took an unexpected turn for the worse. It has since been claimed that there were six other deaths in same period when Letby was not working.
Letby’s newly-appointed barrister, Mark McDonald, has also said the inquiry’s scope should be amended to allow a wider review into the infant deaths.
Mr McDonald is currently preparing expert documents for an application to the Crimininal Cases Review Commission in a fresh attempt to appeal the killer’s convictions.
On Monday, he told The Independent: “I would like the terms of reference [for the inquiry] to be extended to look at the issues that we are raising because if we are right, if no crimes actually been committed and the conviction is unsafe, that means that there maybe more systemic problems on the unit that are not going to be investigated because they aren’t covered by the terms of reference.”
Mr McDonald said the terms of reference for the inquiry were “pretty much she has been found guilty, how is allowed to get away with this”.
He added: “We say you need to look at it more deeply than that. A number of doctors have come forward and questioned the science and medical evidence presented to the jury - that needs to be taken into account.
“You need to look at whether or not there was there was systemic problems at this unit at the time and before Lucy was working there.”
The terms of reference for the inquiry are the experience of the hospital for the parents of the babies, the conduct of those working at the hospital over the Letby and the effectiveness of NHS mangement across the country.
However, the concerns raised by some over Letby’s convictions have impacted the families of the babies.
Tamlin Bolton, who represents the families of six victims, said: “I can’t stress enough how upsetting that has been for all of the families that I represent.
“And they have thought about so many ways in which they can try to address that and deal with it and make sure they put their voice across. But of course they’re restricted by wanting to keep themselves confidential and private.”
She said it was important to highlight that this week’s inquiry was focussed on the “duty of candour” between patients and hospitals, rather than the criminal convictions “which are final”.
The inquiry is being chaired by Lady Justice Thirlwall. In her opening statement for the inquiry last year, she said: “The parents of the babies who were murdered or suffered injuries, some life long, live with the consequences every day.
“On top of their grievous loss they endured years of uncertainty about what had caused death or injury. And for some, uncertainty remains. All have made it plain to me that they want to do all they can to make sure that no one else suffers as they do.”
