Lucy Letby‘s legal team will today launch a final bid to overturn the child serial killer’s 15 whole-life orders as experts reveal ‘significant new medical evidence’.
Letby is serving the sentence 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.
The babies were attacked by various means while the 35-year-old nurse from Hereford was working on the neonatal unit at the Countess of Chester Hospital.
One such method was injecting air into the bloodstream which caused an air embolism that blocked the blood supply and led to sudden and unexpected collapses.
This morning, analysis conducted by a ‘blue riband committee’ of 14 neonatalogists will be revealed at a press conference in Central London from 10am.
Among those on the panel of international panel of experts in the care of newborn babies is retired medic Dr Shoo Lee, who co-authored a 1989 academic paper on air embolism in babies – which featured prominently in Letby’s 10-month trial.
Dr Lee, who founded the Canadian Neonatal Network which includes 27 hospitals and 16 universities, has told The Sunday Times that he believed his findings on skin discolouration were misinterpreted by the prosecution.
The newspaper also reported that it was understood the expert panel had found alternative causes of death for a ‘large number’ of the babies who featured in the trial.
Lawyers for Letby submitted an application yesterday to the independent Criminal Cases Review Commission (CCRC), which investigates potential miscarriages of justice and can refer cases back to the Court of Appeal for consideration.
Tory former minister Sir David Davis, who last week used justice questions in the House of Commons to raise concerns on behalf of Letby’s legal team, will chair today’s panel and the former nurse’s barrister, Mark McDonald, will also be 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.
Letby lost two bids last year to challenge her convictions at the Court of Appeal – 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 Dr Lee was also rejected as three senior judges concluded there had been no prosecution expert evidence diagnosing air embolus solely on the basis of skin discolouration.
Dr Lee has said he has recently updated his academic paper and found no cases of skin discolouration linked to air embolism by the venous system.
In December, Mr McDonald said – that separately from the CCRC application – he would also 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’.
A public inquiry into how Letby was able to commit her crimes began hearing evidence in September, with closing legal submissions expected in March.
The inquiry findings of Lady Justice Thirlwall are expected to be published this autumn.
Detectives from Cheshire Constabulary are continuing their review of the care of some 4,000 babies admitted to hospital while Letby worked as a neonatal nurse.
The period covers her time at the Countess of Chester Hospital from January 2012 to the end of June 2016, and includes two work placements at Liverpool Women’s Hospital in 2012 and 2015.
Letby has been interviewed at HMP Bronzefield in Ashford, Surrey, under caution in relation to the ongoing investigation into baby deaths and non-fatal collapses. She maintains her innocence.
A CCRC spokesperson said today: ‘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.
‘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.’
