Lucy Letby’s legal team claim ‘miscarriage of justice’ as they make new bid against conviction for murdering babies
Lucy Letby’s legal team claim ‘miscarriage of justice’ as they make new bid against conviction for murdering babies
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LUCY Letby's legal team have made a new bid against her convictions claiming her original case was a "miscarriage of justice". The killer nurse is serving 15 whole-life orders for murdering seven babies in a year-long reign of terror. Letby, 34, also tried to kill seven others - including one baby twice - at Countess of Chester Hospital. Today, a "blue riband committee” of 14 neonatalogists are presenting "new medical evidence" at a press conference in London.
Lawyers for Letby today revealed they have submitted an application to the independent Criminal Cases Review Commission (CCRC) citing a miscarriage of justice. The CCRC will now investigate whether the case should be sent to the Court of Appeal, who are the only ones that can overturn a conviction. A spokesperson said: "We are aware that there has been a great deal of speculation and commentary surrounding Lucy Letby's case, much of it from parties with only a partial view of the evidence.
"We ask that everyone remembers the families affected by events at the Countess of Chester Hospital between June 2015 and June 2016. "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.". The CCRC said it is "not possible" to give a timeframe over how long the probe will take. Tory former minister Sir David Davis is chairing today's panel, while the nurse's barrister, Mark McDonald, is also present.
Sir David, the MP for Goole and Pocklington, wants a retrial for Letby and said he believes it will clear her of any wrongdoing. He began today's proceedings by saying the experts will "put right what I think is one of the major injustices of modern times". Among those on today's panel are retired medic Dr Shoo Lee, who co-authored a 1989 academic paper on air embolism in babies, which featured prominently in Letby’s trial.
His work was used to support the theory that the nurse killed some of the children by injecting them with air. Dr Lee has previously claimed his findings on skin discolouration was "misrepresented" in court and that the evidence "wasn't quite right". He said he recently updated his academic paper and found no cases of skin discolouration linked to air embolism by the venous system, as was said during the trial.
It is also understood the expert panel found alternative causes of death for a "large number" of the babies who featured in the trial. Mr McDonald also separately wants to seek permission from the Court of Appeal to apply to re-open her case on the grounds that Dr Dewi Evans, the lead prosecution medical expert at her trial, was "not reliable". Retired consultant paediatrician Dr Evans said concerns regarding his evidence were "unsubstantiated, unfounded, inaccurate".
Letby has so far lost two bids to appeal against her convictions. Her latest in October was over her most recent conviction for the attempted murder of a baby girl. The killer declared "I'm innocent" as she was handed another life order in July after the retrial. Jurors heard how she tried to kill Baby K by dislodging her breathing tube less than two hours after she was born. Baby K was transported to Arrowe Park Hospital and sadly died three days later - although prosecutors do not believe the nurse caused her death.
Letby became only the fourth woman ever to be handed whole life tariff after Rose West, Joanna Dennehy and Myra Hindley when she was sentenced. She was originally convicted of seven counts of murder in August last year following a nine-month trial and 22 days of jury deliberation. Jurors heard she used insulin and air to inject newborns while working on the neo-natal ward. The collapses and deaths of the children were not “naturally-occurring tragedies” and instead the gruesome work of “poisoner” Letby, prosecutors argued.
Her rampage was finally uncovered after staff grew suspicious of the "significant rise" in the number of babies dying or suffering "catastrophic" collapses. Child A, allegation of murder. The Crown said Letby injected air intravenously into the bloodstream of the baby boy. COUNT 1 GUILTY. Child B, allegation of attempted murder. The Crown said Letby attempted to murder the baby girl, the twin sister of Child A, by injecting air into her bloodstream. COUNT 2 GUILTY.
Child C, allegation of murder. Prosecutors said Letby forced air down a feeding tube and into the stomach of the baby boy. COUNT 3 GUILTY. Child D, allegation of murder. The Crown said air was injected intravenously into the baby girl. COUNT 4 GUILTY. Child E, allegation of murder. The Crown said Letby murdered the twin baby boy with an injection of air into the bloodstream and also deliberately caused bleeding to the infant. COUNT 5 GUILTY.