Lucy Letby’s barrister has claimed to have new evidence that “significantly undermines” her convictions rendering them “unsafe”.
The former NHS neo-natal nurse is currently serving 15 whole-life terms after being found guilty of murdering seven newborn babies and attempting to murder seven others at the Countess of Chester Hospital between 2015 and 2016.
Her barrister, Mark McDonald, said he would immediately seek permission from the Court of Appeal to take the “exceptional, but necessary, decision” to apply to reopen her case.
Speaking at a press conference at London’s Royal Society of Medicine, Mr McDonald said that “remarkably” Dr Dewi Evans had changed his mind over the mechanism of death involving three of Letby’s murder victims.
He said: “The defence will argue that Dr Evans is not a reliable expert, and all the convictions are not safe.”
Reading out a statement from neonatologists Dr Neil Aiton and Dr Silvena Dimitrova, he said: “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.”
In October, Letby was refused permission to appeal against her latest conviction for the attempted murder of a baby girl, having previously been denied her challenge to appeal her murder convictions.
Experts working day and night on Letby reports
Taking over Letby’s lawyer Mark McDonald said some of his team of international medical experts are “working day and night” to draft reports.
“Not one of them is being paid,” he says. “They’re doing it because they feel that something has gone wrong.
“And if I can draw an analogy, it’s probably not the best analogy, it’s almost like a Post Office master pleading guilty to a crime they haven’t committed because they got told the software was accurate, and now they’re told it’s not.”
The press conference has concluded.
Barney Davis16 December 2024 16:15
‘There is no motive’ medical legal expert defends Letby
Medical expert Dr Richard Taylor said: “Nursing is an altruistic profession. You don’t go into it for the money but to help others and that applies to her.
“She has no past history of any antisocial behaviour, any criminal behaviour, any psychiatric problems at all.
“There is no motive. Her friends are all completely astounded, flabbergasted by the accusations. That brought up red flags for me.
“What is the evidence here? You go further into it and the evidence is based on really one expert witness a paediatrician who retired 15 years from clinical practice who actively volunteered his services to the CPS when he discovered there was an inquiry going on.”
Barney Davis16 December 2024 16:10
Medical expert hits out at doctor who he claims caused one of his baby deaths
Medical expert Dr Richard Taylor said he would be “unable to sleep at night” if he was the doctor that incorrectly injected a baby in their liver and Letby is sitting in prison for their failings.
He said Baby O died from shock from a liver perforation not being injected with air as the prosecution claims.
He said: “The needle perforated the liver. The baby was still being ventilated with the needle in the liver. The liver was now being lacerated by the needle. This led to bleeding… into the abdomen. The baby went into shock.
“They were unable to resuscitate the baby, partly because they didn’t realise what they’d done.”
Refusing to name the doctor, he said: “The doctor knows who they are. I have to say from a personal point of view that if this had happened to me, I would be unable to sleep at night knowing that what I had done had led to the death of a baby and now there is a nurse in jail convicted of murder.”
He added his surprise this didn’t come out in court or in an autopsy.
Barney Davis16 December 2024 15:53
‘How would you feel?’ Letby lawyer asked how client is doing in prison
Mark McDonald says he has done the press conference announcing the appeal with the full consent of his client Lucy Letby.
Asked how she is feeling, he replies: “How would you feel? You are a 34-year-old woman sentenced to life in prison without any hope and suddenly we have found such profound and significant evidence that it may possibly overturn your convictions.
“I will leave it to you to decide how you would feel about that?”
Barney Davis16 December 2024 15:44
Court of Appeal action ‘unprecedented’
Taking questions, barrister Mark McDonald is asked if taking this to the Court of Appeal is unprecedented and how much confidence he has it will be successful.
In response, he says, “it is unprecedented”.
“This is not fresh evidence. This is the lead prosecution expert who has changed his mind and the Court of Appeal may not have been told the accurate picture as a result.
“That in itself makes it unique that they need to relook at what they have decided already.”
Barney Davis16 December 2024 15:41
‘If he’s not reliable then all the convictions we say fall’
Dr Dewi Evans has changed his mind on the causes of death of several of the babies, according to Letby’s defence team as they seek to reopen her appeal.
Taking questions, Letby’s barrister Mark McDonald told reporters that Dr Evans changed his view on causes of death whilst giving evidence to the jury.
“I think it is remarkable that an independent expert who gave evidence for the prosecution continues to speak to the media and podcasts.”
He adds: “If he’s not reliable then all the convictions we say fall”.
He claims 15 international experts are working on the papers and medical records to give an opinion of the cause of death or deterioration of the babies.
Barney Davis16 December 2024 15:24
Letby’s barrister claims there is ‘no evidence of deliberate harm’ in some of the babies deaths
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.”
Barney Davis16 December 2024 15:16
Lead expert not reliable so Letby’s convictions ‘unsafe’
Dr Dewi Evans had told the jury Letby had injected air down a nasal gastric tube, leading to the death of three babies.
But her barrister Mark Mcdonald said Dr Evans has changed his mind on 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.
Barney Davis16 December 2024 15:09
Two developments to be announced in Letby case – barrister
Killer nurse Lucy Letby’s legal team has said they will be asking the Court of Appeal to immediately review all of her convictions because an expert witness “has now changed his mind on the cause of death of three babies”.
Her barrister Mark McDonald said: “I have been her barrister for three and a half months and we have made significant progress.”
The defence announced they will be seeking permission from court of appeal to reapply and immediately review all her convictions.
He claims the primary ground of appeal the admissibility of evidence from prosecution.
Barney Davis16 December 2024 15:04
Ten minutes until Lucy Letby’s legal team launch press conference
A press conference is due to be held at the Royal Society of Medicine in central London in ten minutes where killer Lucy Letby’s legal team are due to reveal new evidence.
Her barrister Mark McDonald issued a press notice to announce that “fresh developments” will be disclosed at a conference.
Barney Davis16 December 2024 14:50