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New evidence undermines Lucy Letby verdict — MP

Will new evidence for a re-trial? Credit: Getty

January 8, 2025 - 9:30pm

According to the prosecution at Lucy Letby’s trial, the now-jailed nurse murdered the newborn infant known as “Baby O” by inflicting “blunt force trauma” to his liver, and injecting air into his nasal feeding tube. But the veteran Tory MP David Davis told the Commons on Wednesday that, unbeknown to the jury that convicted her, other members of the medical team that treated Baby O made a series of clinical errors, culminating in the piercing of his liver with a needle jabbed into his abdomen in the wrong place.

This, Davis said, caused “serious internal bleeding”, and was “undoubtedly a significant contributory factor in the baby’s death, if not the outright cause”.

Davis revealed that two senior neonatal consultants have been analysing the original medical notes on the cases of the seven babies Letby has been convicted of killing in 2015 and 2016, for which she has been jailed for life without parole. Their report, he said, suggests this notorious case is a miscarriage of justice.

None of the fresh evidence Davis mentioned in Parliament has previously been disclosed, and none of it was aired at Letby’s trial or unsuccessful appeal. But now, he said, it must lead to a re-trial, for it “directly contradicts the prosecution’s version of events”.

Davis said the two experts, Dr Neil Aiton and Dr Silvena Dimitrova, who both work at a specialist unit treating very sick babies at the Royal Sussex County Hospital in Brighton, have so far completed two detailed “case reviews” based on the medical notes relating to Baby O and another of Letby’s alleged victims, “Baby C”. Others are in train.

In both cases, according to Davis, they found not just evidence of “suboptimal care” that had nothing to do with Letby at the neonatal unit at the Countess of Chester hospital where she worked, but also that two of the doctors directly responsible for this   — whom Davis did not name — went on to blame Letby, and gave evidence against her at her trial.

The doctor whose needle pierced Baby O’s liver was, Davis said, “one of the principal accusers of Lucy Letby”, as was the doctor who made several clinical blunders that may have caused the death of Baby C.

In the months since Letby was convicted in 2022, high-profile media investigations have raised questions about her conviction. For example, they have cast doubt on what Davis described as “an influential but spectacularly flawed piece of evidence”, a chart claiming that the common factor linking the seven babies’ deaths was that Letby had been on duty at the time.

Other reports have revealed that the unit had been battling to contain an outbreak of a lethal “superbug” when the babies died. But the claims made by Davis in his speech broke new ground.

The prosecution claimed both Baby O and Baby C died as a consequence of “air embolism”, after Letby injected air into their blood or via their nasal-gastric tubes. However, Davis said, the case notes analysed by Aiton and Dimitrova told “a very different story”.

In the case of Baby O, who died in June 2016, Davis said they suggested that “the doctors used excessive pressure during resuscitation, which overinflated the baby’s lungs and prevented blood from flowing back into the lungs. This caused the baby to desaturate [suffer a dangerous fall in oxygen levels].”

But confronted by this, “the medical team responded by increasing the pressures even more — initiating a downward spiral in the baby’s condition. The overinflation of the baby’s lungs forced the diaphragm downward, pushing the liver into the baby’s abdominal cavity.”

It was then, Davis said, that “the consultant in charge took a decision to insert a needle into the abdomen to release what they thought was pressure in the abdomen. However, this was wrongly inserted into the right side of the baby’s abdomen. As a result of this error, the needle penetrated the liver.” The notes, said Davis, suggest that the death of Baby O “was avoidable, and resulted from suboptimal care”.

Baby C’s case notes also contained evidence of “suboptimal care”, Davis told the House. He died in June 2015 having been “profoundly unwell before birth”. Born weighing just 1.75lb, he had difficulty breathing, and was treated with “surfactant”, a substance administered via an endotracheal tube.

But according to the case notes, Davis said, the doctor in charge “pushed the tube too far in, pushing it into the lung, meaning the other lung was left collapsed”.

Moreover, “in the days after the baby’s birth, he showed several signs of abdominal obstruction, including the vomiting of bile” and never opened his bowels. Yet the doctor did not recognise these symptoms. The report by Aiton and Dmitrova concludes: “This baby died of natural causes compounded by suboptimal medical care”.

Letby’s conviction for murdering Baby C rests on an X-ray which, the prosecution claimed, revealed he had excess air in his abdomen, administered by her. Yet according to Davis, “it has become clear that Letby was not even at the hospital when the X-ray was taken, nor had she been since Baby C’s birth two days earlier”.

Davis told the House that since he first spoke on Letby’s case in the summer, he had been approached by numerous experts, including “leading statisticians, neonatal specialists, forensic scientists and legal experts”. Among them were a “past president of the Royal Statistical Society and a past president of the of the Royal College of Paediatrics and Child Health: people who were more knowledgeable than the purported experts whose testimony convicted Lucy Letby”.

He had also been contacted by staff who had “served at the Chester Hospital” but had been “afraid to come forward”. But however compelling the unheard evidence might be, “one of the problems we face is that much of the evidence was available at the time, but was simply not presented to the jury.”

“This means the Court of Appeal can dismiss it, basically saying the defence should have presented it at the initial trial. It is in essence saying, “if your defence team weren’t good enough to present this evidence, you can stay banged up for life”.”

“This may be judicially convenient,” Davis said, “but it is not justice”.


David Rose is UnHerd‘s Investigations Editor.

DavidRoseUK

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Evan Heneghan
Evan Heneghan
23 hours ago

At first I thought her a monster. Now I fear she is the sacrificial lamb for a failing NHS trust that would rather point the finger than to examine serious systemic failures and admit some liability for these awful tragedies. If there is any reasonable doubt that this woman is innocent, she MUST be given a retrial. Life without parole for a crime she didn’t commit is unthinkable.

Amelia Melkinthorpe
Amelia Melkinthorpe
4 hours ago
Reply to  Evan Heneghan

She has never come across as a “monster”. This whole debacle has smelled like a rotting fish from the start.

John Tyler
John Tyler
23 hours ago

Wow! This sounds increasingly like senior staff protecting themselves and the police failing properly to collect and present evidence that weakened their case. Let’s hope the judiciary don’t put their own embarrassment before justice. You really cannot blame Letby’s defence team for failing to find evidence that should have been collected by the police. It is the duty of the police to gather and hand to the defence all evidence, however inconvenient to their case. This would not be the first time evidence collection ended at a convenient moment or evidence was ‘lost’ or declared unimportant.

RR RR
RR RR
23 hours ago

I respect Mr Davis more than most politicians. He deserves it.
Genuinely. More so since Tony Benn said sometimes he acts as if he is too ‘left’ wing for the Tories. And Labour. I think in terms of freely expressing his views.
However she was convicted of killing 7 babies. Likely killed more. Enough for a whole life term.
Review the 2 convictions doesn’t make her innocent of the others.

Jeremy Bray
Jeremy Bray
20 hours ago
Reply to  RR RR

It is not just two deaths that medical experts have suggested can be attributed to causes other than deliberate intervention by Letby. I know these things come out by dries and drabs but a picture is emerging of an unsafe conviction.

Last edited 20 hours ago by Jeremy Bray
Leejon 0
Leejon 0
15 hours ago
Reply to  Jeremy Bray

Rubbish! Armchair lawyers ignorant of the rules of evidence and too lazy the read the full trial reports always think they know better than the judge, jury and attending counsel. No doubt you ‘definitely’ know how to exceed the light speed barrier too. Boring nonsence!

Paul Airey
Paul Airey
2 hours ago
Reply to  Leejon 0

You would have made a great witchfinder. Never mind a properly conducted trial “she’s a witch burn her”

Last edited 2 hours ago by Paul Airey