The evidence used to convict Lucy Letby of poisoning babies is flawed, seven leading experts have said, in a dossier that will be submitted to the miscarriage of justice watchdog.
The former nurse’s legal team will on Thursday hand an 86-page report to the Criminal Cases Review Commission (CCRC) which they say casts “serious doubt” on her convictions.
Letby, 35, was found guilty of deliberately poisoning two baby boys with insulin on the neonatal unit at the Countess of Chester hospital in August 2015 and April 2016 respectively.
The prosecution told jurors at Letby’s trial there could be “no doubt that these were poisonings” and that “these were no accidents” based on the babies’ blood sugar results.
The two insulin cases are highly significant as they were presented as the strongest evidence of deliberate harm and the trial judge, Mr Justice Goss, told jurors that if they were sure that the babies were attacked, then they could use that belief to inform their decision on other charges against Letby.
A detailed analysis of the cases due to be handed to the CCRC on Thursday suggests jurors were “misled” about several aspects of the insulin cases, Letby’s legal team said.
The report by seven experts claims that the Roche immunoassay test used in the two cases – and presented as proof of deliberate insulin poisoning – is unreliable.
Letby’s legal team said the new report was compiled by seven of the world’s leading experts in immunoassays, insulin and C-peptide testing, paediatric endocrinology and hyperinsulinism.
Mark McDonald, Letby’s new barrister, said he would also hand to the CCRC on Thursday a separate 698-page report by 14 other experts which, he said, found no evidence of deliberate harm.
McDonald said: “The fresh evidence I will hand in to the CCRC tomorrow totally undermines the prosecution case at trial. This is the largest international review of neonatal medicine ever undertaken, the results of which show Lucy Letby’s convictions are no longer safe.”
He said the new concerns about the insulin cases shows that Letby’s case “must go back to the court of appeal as a matter of urgency”. “I hope the CCRC will realise this and refer the case without undue delay,” McDonald said.
He added: “Lucy Letby is currently serving 15 whole life terms in prison, when overwhelming independent expert evidence indicates that no babies were murdered.”
Letby has lost two attempts to challenge her convictions for murdering seven babies and attempting to kill seven others after two trials at Manchester crown court.
The CCRC began examining criticism of the prosecution case in February after receiving a summary report from the former nurse’s legal team.
A spokesperson said at the time it was not possible to determine how long it would take to decide whether to refer the case back to the court of appeal, which it can do if it believes there is a real possibility of convictions being quashed.
Given the complexity of the case and the volume of evidence presented at Letby’s two trials – which spanned 11 months in total – the CCRC review could take years to complete.
Lawyers representing 12 of Letby’s victims said last month they had “no doubts” about her convictions, accusing her supporters of making “hyperbolic, very serious, publicity grabbing statements” without ample evidence.
In a closing speech to the Thirlwall inquiry, which is examining the deaths, a barrister for seven other victims said the material presented so far was “old and full of analytical flaws”.
Cheshire constabulary is investigating Letby on suspicion of harming other babies at the Countess of Chester hospital and Liverpool Women’s hospital between 2012 and 2016.
It is separately investigating hospital staff on suspicion of gross negligence manslaughter, with a second element looking at possible corporate manslaughter by the Countess.
The force said on Wednesday that much of the criticism of its investigation was “ill-informed and based on a very partial knowledge” and that its inquiry had been “detailed and painstaking”.
Source: theguardian.com
