Lucy Letby’s Lawyers Seek Conviction Review Citing Expert’s Shift in Opinion on Baby Deaths

Legal representatives for Lucy Letby have announced their intention to petition the Court of Appeal for an immediate review of all her convictions. This request stems from a claim that an expert witness “has now changed his mind on the cause of death of three babies.” The former nurse is currently serving 15 whole-life imprisonment sentences. These sentences were imposed for the murder of seven infants and the attempted murder of seven others during her employment as a neo-natal nurse at the Countess of Chester Hospital. Mark McDonald, her barrister, stated at a London news conference that Dr Dewi Evans, the primary expert for the prosecution, has reportedly revised his perspective on the manner in which the infants died. Mr. McDonald declared: “Remarkably, Dr Evans has now changed his mind on the cause of death of three of the babies: Baby C, Baby I and Baby P.” The BBC has reached out to Dr. Evans for comment; however, he has not yet responded to Mr. McDonald’s assertions. Letby’s conviction occurred in August 2023, and she has previously been denied permission to appeal her convictions on two occasions. According to the Crown Prosecution Service (CPS), the court had previously dismissed “[Letby’s] argument that expert prosecution evidence was flawed”. Mr. McDonald stated: “The primary grounds of appeal at the previous hearings related to the admissibility before the jury of the evidence of the lead prosecution expert Dr Dewi Evans.” He continued: “The defence argued twice at trial that Dr Evans’ evidence should be disregarded. This was refused by the trial judge.” He added: “It was then later argued in the Court of Appeal, and was refused in the court of appeal.” The barrister further noted: “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.” He claimed: “This was repeated to the Court of Appeal, who may have been misled when they ruled on the application for leave against the convictions.” Mr. McDonald indicated that Dr. Evans had “revised his opinion in relation to Baby C” and had authored a new report, which he provided to the police several months prior. However, he asserted that “despite numerous requests,” the prosecution had “yet to give this report to the defence.” “The defence will argue that Dr Evans is not a reliable expert, and all the convictions are not safe,” Mr. McDonald stated. Dr. Evans had previously informed BBC File on Four that the death of Baby C was probably caused by “a combination of air and milk” introduced into the stomach through a nasogastric tube. This account varied from his courtroom testimony, where he had exclusively referred to air. After his participation in the program, he informed the BBC that it prompted him “to review the events leading up to Infant C’s collapse and death” and that he considered it “more likely” to have been an injection of air into the bloodstream, though he emphasized that either scenario would constitute “inflicted injury.” Mr. McDonald also mentioned possessing reports from two neonatologists, which he contends represent new evidence in the cases of Baby C and Baby O, indicating an absence of deliberate harm. The CPS noted that two juries and three appeal court judges had “reviewed a multitude of different strands of evidence against Lucy Letby.” The CPS further stated: “She has been convicted on 15 separate counts following two separate jury trials.” It added: “In May, the Court of Appeal dismissed Letby’s leave to appeal on all grounds – rejecting her argument that expert prosecution evidence was flawed.” Mr. McDonald, who commenced representing Letby three months prior, indicated his intention to apply directly to the Court of Appeal to advocate for the reopening of her case, and separately to the Criminal Cases Review Commission to request a review of the case. He characterized the application as unprecedented due to its direct nature to the court, which has already twice refused permission for an appeal. The 34-year-old nurse, who hails from Hereford, was found guilty of the murders and attempted murders committed during her employment at the hospital between 2015 and 2016. She made two attempts to kill one of her victims. The Thirlwall Inquiry, investigating how Letby managed to perpetrate her crimes, has been conducting hearings and receiving evidence at Liverpool Town Hall since September. The inquiry is scheduled to resume in January, and its findings are anticipated to be released in autumn 2025. Throughout Lucy Letby’s nine-month trial, substantial evidence concerning the deaths was presented to the court. Baby C Regarding Baby C, the court was informed that the premature male infant weighed only 800g (1lb 12oz) at his birth in early June 2015. Despite his prematurity, medical staff documented his condition as “good” and stable. He was housed in the neonatal unit’s highest priority section, but on the evening of 13 June, he abruptly ceased breathing. Testimony presented to the court indicated that Letby, who was assigned as a nurse in a separate area but was present during Baby C’s collapse, caused the problem around 23:15 BST by introducing air into his stomach using a nasogastric tube. Medical personnel were unsuccessful in resuscitating him, and he was declared deceased at 05:58 on 14 June. Baby I During the trial, it was revealed that Baby I was born prematurely at Liverpool Women’s Hospital and subsequently transferred to the Countess of Chester on 18 August 2015. On 30 September, the infant girl experienced vomiting and a decrease in her heart rate. She suffered sudden collapses again on 13 and 14 October, preceding a fatal decline on 23 October. The prosecution asserted that Letby murdered Baby I on her fourth attempt by injecting a lethal quantity of air into her bloodstream. Dr. Evans testified at the trial that his “opinion” was that Baby I “had been subjected to an infusion of air.” He elaborated: “In other words, air had been injected into her stomach. That interferes with your ability to move your diaphragm up and down, and that interferes with your breathing.” Baby P Regarding Baby P, the court heard that he was in the same room as his triplet brother, Baby O, who also passed away, within the neonatal unit. Following his brother’s death, he was placed under close observation as a precautionary measure. At 09:35 BST on 24 June 2016, the infant boy was observed to be “self-ventilating in air” and stable. Fifteen minutes subsequent to this, he collapsed and necessitated breathing assistance. He experienced several additional collapses on 24 June, ultimately being pronounced dead at 16:00 following 45 minutes of unsuccessful resuscitation efforts. Dr. Evans informed the trial that, in his assessment, the collapses were consistent with an “additional amount of air being given to this baby during the morning of 24 June.” Additional reporting was provided by PA Media. Listen to the best of BBC Radio Merseyside on Sounds and follow BBC Merseyside on Facebook, X and Instagram. Story ideas can also be sent to northwest.newsonline@bbc.co.uk. Copyright 2024 BBC. All rights reserved. The BBC bears no responsibility for the content of external sites. Information regarding their approach to external linking is available.