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.
Key Points
- If Dr Dewi Evans is not reliable then all the convictions we say fall’
- Two developments announced in Letby case by lawyers
- Letby’s barrister says her case could be ‘biggest miscarriage of justice'
Welcome to our live coverage
10:56 , Holly EvansWelcome to our live coverage, as Lucy Letby’s new barrister holds a press conference at 3pm in central London to announce “fresh developments” on teh case.
Mark McDonald has said his legal team have new evidence which “signficantly undermines the convictions”.
Follow here for all the latest updates.
Letby’s barrister says her case could be ‘biggest miscarriage of justice'
11:05 , Holly EvansChild killer Lucy Letby’s case could be the “biggest miscarriage of justice in the history of the United Kingdom”, the lawyer behind a bid to overturn her convictions previously told The Independent.
Mark McDonald said he was working unpaid, night and day, to compile fresh medical evidence to secure an appeal hearing.
He said it would be for the benefit of the families of the babies, and not just Letby, if the Criminal Cases Review Commission (CCRC) deals with his upcoming request for an appeal efficiently and refer it to the Court of Appeal.
“It is not just right for Lucy Letby that they look at this as a matter of priority, but it is right for the families of those poor children that have died that they get a resolution, a final resolution to this,” he said.
Press conference to be held in London at 3pm
11:25 , Holly EvansA press conference is due to be held at the Royal Society of Medicine in central London at 3pm, where killer Lucy Letby’s legal team are due to reveal new evidence.
Her barrister Mark McDonald said: “There will be a press conference by the legal defence team for Lucy Letby to announce fresh developments on the case.
“At the conference we will also be announcing new evidence, which significantly undermines the convictions.”
He added more than 50 experts, covering neonatology, pathology and statistics, are willing to help challenge Letby’s convictions.
Lucy Letby maintains innocence after police question her about more baby deaths
12:16 , Holly EvansKiller nurse Lucy Letby has maintained her innocence after police confirmed she has been interviewed about more suspicious baby deaths, her lawyer said on Wednesday.
The 34-year-old was questioned under caution about further unexpected deaths and collapses of babies at the Countess of Chester Hospital, her former place of work where she was found guilty of murdering seven babies and attempting to murder eight others.
For the first time, Letby was also questioned under caution about her time at Liverpool Women’s Hospital, where she trained as a student, Cheshire Police confirmed.
Read the full article here:
Lucy Letby maintains innocence after police question her about more baby deaths
Letby not referred to regulator by bosses over ‘lack of evidence’, inquiry hears
13:30 , Holly EvansLucy Letby was not referred to the nursing regulator after concerns about her were raised to hospital bosses because there was a “lack of evidence” she may be killing babies, a public inquiry has heard.
Consultant paediatricians on the neonatal unit at the Countess of Chester Hospital flagged up their increasing worries over Letby in late June 2016 following the deaths of two triplet boys.
Senior managers opted to commission a series of reviews into the increased mortality on the unit in 2015 and 2016 instead of calling the police.
Read the full article here:
Letby not referred to regulator by bosses over ‘lack of evidence’, inquiry hears
Nurse’s barrister says he understands families are ‘angry’
14:30 , Barney DavisIn September, a solicitor representing the families of six victims said news of a fresh appeal has caused upset among his clients as they turn their focus toward the inquiry.
But Letby’s barrister Mark McDonald said: “[They are] right to be angry. I understand that. I have got evidence. I have clinicians that have come forward, senior clinicians that are questioning evidence that has come before the jury.
“It would be remiss of me, it would be wrong of me, not to do something with it.”
Referring to Letby, he said: “If I am right, and the convictions are unsafe, then this would be the biggest miscarriage of justice in the history of the United Kingdom.
“Someone’s got to do it. I’m working pro bono, I’m not going to be paid a penny for this ... I’m doing this because I think there’s an injustice here.”
Ten minutes until Lucy Letby’s legal team launch press conference
14:50 , Barney DavisA press conference is due to be held at the Royal Society of Medicine in central London in ten minutes where killer Lucy Letby’s legal team are due to reveal new evidence.
Her barrister Mark McDonald issued a press notice to announce that “fresh developments” will be disclosed at a conference.
Two developments to be announced in Letby case - barrister
15:04 , Barney DavisKiller nurse Lucy Letby’s legal team has said they will be asking the Court of Appeal to immediately review all of her convictions because an expert witness “has now changed his mind on the cause of death of three babies”.
Her barrister Mark McDonald said: “I have been her barrister for three and a half months and we have made significant progress.”
The defence announced they will be seeking permission from court of appeal to reapply and immediately review all her convictions.
He claims the primary ground of appeal the admissibility of evidence from prosecution.
Lead expert not reliable so Letby’s convictions ‘unsafe’
15:09 , Barney DavisDr Dewi Evans had told the jury Letby had injected air down a nasal gastric tube, leading to the death of three babies.
But her barrister Mark Mcdonald said Dr Evans has changed his mind on 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.”
He spoke alongside Dr Richard Taylor, a neonatologist from Victoria, British Columbia, Dr Roger Norwich, a consultant paediatrician, and Peter Elston, who is a statistician.
Letby’s barrister claims there is ‘no evidence of deliberate harm' in some of the babies deaths
15:16 , Barney DavisThe defence team has reports from two neonatologists that it claims count as fresh evidence in the cases in relation to Baby C and Baby O.
Mr McDonald read a statement from Dr Neil Aiton and Dr Silvena Dimitrova that said: “Our reports demonstrate that there are identifiable medical reasons why both babies became unwell, sadly did not respond to resuscitation and subsequently passed away.
“We have set out clearly within our reports evidence showing that these babies could not reasonably be described as ‘well’ or ‘stable’. Neither should their deteriorations be described as ‘unexplained’.
“Our reports contain carefully justified new evidence which has not been presented before – either in court – or as part of previous examinations of these cases by multiple sources.
“It is not our role to determine any impact this new evidence might have on the legal process.
“Although some of the medical information within the reports is complex, it is possible to draw clear and sound conclusions which we believe will stand up to scrutiny: in this respect we are completely happy for our report to be subject to appropriate independent expert critical analysis.
“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.”
‘If he’s not reliable then all the convictions we say fall'
15:24 , Barney DavisDr Dewi Evans has changed his mind on the causes of death of several of the babies, according to Letby’s defence team as they seek to reopen her appeal.
Taking questions, Letby’s barrister Mark McDonald told reporters that Dr Evans changed his view on causes of death whilst giving evidence to the jury.
“I think it is remarkable that an independent expert who gave evidence for the prosecution continues to speak to the media and podcasts.”
He adds: “If he’s not reliable then all the convictions we say fall”.
He claims 15 international experts are working on the papers and medical records to give an opinion of the cause of death or deterioration of the babies.
Court of Appeal action ‘unprecedented'
15:41 , Barney DavisTaking questions, barrister Mark McDonald is asked if taking this to the Court of Appeal is unprecedented and how much confidence he has it will be successful.
In response, he says, “it is unprecedented”.
“This is not fresh evidence. This is the lead prosecution expert who has changed his mind and the Court of Appeal may not have been told the accurate picture as a result.
“That in itself makes it unique that they need to relook at what they have decided already.”
‘How would you feel?’ Letby lawyer asked how client is doing in prison
15:44 , Barney DavisMark McDonald says he has done the press conference announcing the appeal with the full consent of his client Lucy Letby.
Asked how she is feeling, he replies: “How would you feel? You are a 34-year-old woman sentenced to life in prison without any hope and suddenly we have found such profound and significant evidence that it may possibly overturn your convictions.
“I will leave it to you to decide how you would feel about that?”
Medical expert hits out at doctor who he claims caused one of his baby deaths
15:53 , Barney DavisMedical expert Dr Richard Taylor said he would be “unable to sleep at night” if he was the doctor that incorrectly injected a baby in their liver and Letby is sitting in prison for their failings.
He said Baby O died from shock from a liver perforation not being injected with air as the prosecution claims.
He said: “The needle perforated the liver. The baby was still being ventilated with the needle in the liver. The liver was now being lacerated by the needle. This led to bleeding... into the abdomen. The baby went into shock.
“They were unable to resuscitate the baby, partly because they didn’t realise what they’d done.”
Refusing to name the doctor, he said: “The doctor knows who they are. I have to say from a personal point of view that if this had happened to me, I would be unable to sleep at night knowing that what I had done had led to the death of a baby and now there is a nurse in jail convicted of murder.”
He added his surprise this didn’t come out in court or in an autopsy.
‘There is no motive’ medical legal expert defends Letby
16:10 , Barney DavisMedical 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.”
Experts working day and night on Letby reports
16:15 , Barney DavisTaking 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.
'Baby O was central to the prosecution’s case’
16:56 , Barney DavisPrivate 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?
CPS say Court of Appeal have already rejected Letby argument
16:57 , Barney DavisA 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.”
CCRC will only refer Letby case back to Court of Appeal if it can be overturned
17:58 , Barney DavisKatie 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”.
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.”
Lucy Letby: A timeline of her killings
18:53 , Barney DavisIs Lucy Letby a psychopath – and would she have killed if not?
19:53 , Barney DavisLucy Letby is Britain’s most prolific child killer of the modern era. Surely someone fitting that bill must be a psychopath?
Here authors Jonathan Coffey and Judith Moritz reveal what they discovered about her state of mind...
Is Lucy Letby a psychopath – and would she have killed if not?
‘Babies’ breathing tubes became dislodged on 40% of shifts that Letby worked’
21:20 , Barney DavisLucy 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.
Forensic evidence on both sides subject to interpretation, top lawyer warns
21:53 , Barney DavisDescribing 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.”
Lucy Letby’s lawyer looks to sidestep CCRC
23:01 , Barney DavisLucy Letby’s new lawyer 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.
Mr McDonald said that “remarkably” Dr Dewi Evans had changed his mind over the mechanism of death involving three of Letby’s murder victims.
“My argument is the CCRC is there to look at fresh evidence. This is not fresh evidence. This is the lead prosecution expert who has changed his mind. And the Court of Appeal may not have been told the accurate picture as a result, that itself makes it unique.
“I have never known in 26 years of being a barrister, an expert change their mind a year after the convictions on the cause of death of what they said to the jury. That to me is astonishing.”
He added that Dr Evans gave his new opinions on the three deaths in a signed statement in response to a Channel 5 documentary broadcast earlier this year.
He said: “Now don’t get me wrong, I’m sure Dr Evans is still going to say that Lucy Letby is guilty and he has a different view or different hypothesis in relation to it.
“But the cause of death that was before the Court of Appeal is different now, according to Dr Evans, and I think that is a profound issue that needs to be relooked at.”
