Lucy Letby‘s legal team have claimed they have ‘new evidence’ that ‘significantly’ undermines her convictions.
The 34-year-old is currently serving fifteen whole life terms after being found guilty of murdering seven babies and trying to kill seven others while at the Countess of Chester Hospital between June 2015 and 2016.
She was convicted in August 2023 and was refused permission to appeal against the convictions in May 2024.
Her barrister Mark McDonald was appointed after she was found guilty in two trials and he said today he would be giving details of ‘fresh developments’ in the case.
‘This is because an expert witness, Dr Dewi Evans, has ‘now changed his mind on the cause of death of three babies’, referred to as C, I and P,’ he said.
There is an ongoing public inquiry into how Letby was able to kill – and carry on killing for so long – at the hospital. Its findings are expected to be published in autumn 2025.
Police are also continuing their investigation into the nurse and looking into the care of hundreds of other babies she looked after.
Detectives confirmed they interviewed her under caution in prison over more deaths and incidents in Chester and at Liverpool Women’s Hospital, where she spent time on placement in 2012 and early 2015.
Lucy Letby is serving a rare whole-life sentence for murdering seven babies and trying to kill seven others while working as a neo-natal nurse at the Countess of Chester Hospital
Letby was convicted in August 2023 and was refused permission to appeal against the convictions in May 2024
But speaking at a press conference today, her barrister said he will be asking the Court of Appeal to immediately review all of her convictions.
He said: ‘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 said.
‘The defence argued twice at trial that Dr Evans’ evidence should be disregarded.
‘This was refused by the trial judge.
‘It was then later argued in the Court of Appeal, and was refused in the court of appeal.
‘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.’
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 was refused permission to appeal in October for a conviction of the attempted murder of a baby girl. She was previously denied permission to appeal against her murder convictions.
Letby, of Hereford, is serving a whole life tariff after being convicted of the murder of seven babies and attempted murder of seven more, between June 2015 and June 2016
A court artist’s sketch of Lucy Letby giving evidence at Manchester Crown Court on July 24
Body worn camera footage from Cheshire Constabulary of the arrest of Lucy Letby in 2018
Her barrister throughout the trials and appeals was Ben Myers KC, who she has now replaced.
Mr McDonald, a specialist barrister in appeals and miscarriages of justice, told the BBC’s File on 4 that he was now representing the serial killer.
He previously mounted an unsuccessful challenge in the case of Michael Stone.
Stone was given three life sentences for the murders of Lin Russell, 45, and her six-year-old daughter Megan, in 1996.
Mr McDonald was also involved in the case of Ben Geen, another nurse jailed for life in 2006 for murdering two of his patients and poisoning 15 others.
Geen’s application to appeal his convictions was denied by the Court of Appeal in 2009 and two further applications to the CCRC, in 2013 and 2015, also refused.
Mr McDonald has spoken at length about his fears that Letby’s conviction is a miscarriage of justice on social media and in interviews published online.
Letby’s defence in court was that she was the victim of a ‘conspiracy’.
She tried to claim that a group of consultants were trying to blame her for the rise in babies’ deaths on the unit to cover up systematic failings.
The 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.’
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