Lucy Letby’s lawyers have urged the Court of Appeal to reopen her case after a key witness changed his mind about the deaths of three babies.
Mark McDonald, her barrister, said Dewi Evans, the prosecution’s chief medical witness, had altered his opinion on the cause of death in three cases – Baby C, Baby I and Baby P.
Mr McDonald told a central London press conference that the change of mind means Court of Appeal judges may have been misled when they refused Letby’s two previous appeals.
“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 said.
Letby is serving 14 whole-life terms for the murders of seven infants and the attempted murders of seven others at the Countess of Chester Hospital between 2015 and 2016.
She has launched two attempted appeals, which were refused by Court of Appeal judges in May and October this year.
Mr McDonald admitted that reopening the appeal would be “unprecedented” and said he would also attempt to have Letby’s case considered by the Criminal Cases Review Commission, which investigates miscarriages of justice.
“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 said.
“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, who did not represent Letby at her trial and was instructed in September, added that more than 50 unpaid experts were assessing the evidence used against Letby in her 2023 trial.
The barrister said one expert report had found that Baby C and Baby O, whom Letby was found guilty of murdering, died because of “identifiable medical reaosns” and that there was “no evidence of deliberate harm”.
Richard Taylor, a consultant neonatologist from Victoria, British Columbia, went on to tell the press conference that a “suspicious” blood sample was used as “unreliable” evidence to convict Letby of Baby F’s attempted murder.
A Crown Prosecution Service spokesman said Letby’s “argument that expert prosecution evidence was flawed” had already been rejected by the Court of Appeal.
“Two juries and three appeal court judges have reviewed a multitude of different strands of evidence against Lucy Letby,” the spokesman said.
“She has been convicted on 15 separate counts following two separate jury trials. In May, the Court of Appeal dismissed Letby’s leave to appeal on all grounds – rejecting her argument that expert prosecution evidence was flawed.”
04:55 PM GMT
That’s all for today
Thank you for following The Telegraph’s live coverage of the press conference held by Lucy Letby’s barrister. These were the key moments:
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Mark McDonald, Letby’s barrister, urged the Court of Appeal to reopen her case
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He said Dewi Evans, the prosecution’s chief medical witness, had changed his opinion on the cause of death in three cases – Baby C, Baby I and Baby P – and that appeal judges may have therefore been misled when they refused Letby’s two previous attempted appeals
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Mr McDonald admitted that reopening the appeal would be “unprecedented” and said he would also attempt to have Letby’s case considered by the Criminal Cases Review Commission, which investigates miscarriages of justice
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He said more than 50 unpaid experts were assessing the evidence used against Letby in her 2023 trial
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One expert report was said to have found that Baby C and Baby O, whom Letby was found guilty of murdering, died because of “identifiable medical reasons” and that there was “no evidence of deliberate harm”
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Richard Taylor, a consultant neonatologist from Victoria, Canada, went on to tell the press conference that a “suspicious” blood sample was used as “unreliable” evidence to convict Letby of Baby F’s attempted murder
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He added that medical notes indicate Baby O may have instead died after a doctor injected a needle in the wrong side of their body, “lacerating the liver by mistake”
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In response to the press conference, the Crown Prosecution Service said Letby’s “argument that expert prosecution evidence was flawed” had already been rejected in court
04:42 PM GMT
CPS: Letby’s ‘flawed evidence’ argument has already been rejected
The Crown Prosecution Service (CPS) has said Letby’s “argument that expert prosecution evidence was flawed” has already been rejected in court.
“Two juries and three appeal court judges have reviewed a multitude of different strands of evidence against Lucy Letby,” the spokesman said.
“She has been convicted on 15 separate counts following two separate jury trials.
“In May, the Court of Appeal dismissed Letby’s leave to appeal on all grounds – rejecting her argument that expert prosecution evidence was flawed.”
04:29 PM GMT
Prosecution witness who changed mind will not take stand again
The chief medical witness used in the prosecution of Lucy Letby who has since changed his mind on the cause of death of three babies will not take the stand in any future trials.
Dewi Evans, a retired paediatrician from Carmarthen, Wales, has said previously that he would not consent to being used as a witness if Letby was to appear in court again.
He retired from practising medicine in 2009 and set up a company called Dewi Evans Paediatric Consulting, which provides expert medical advice in legal matters such as child abuse cases and criminal trials.
04:11 PM GMT
Why Letby’s victims are not being named
The victims of Lucy Letby are not being named for legal reasons.
It prohibits reporting the identities of the surviving and dead children involved in the case.
04:02 PM GMT
Press conference ends
The press conference has now ended.
04:02 PM GMT
‘Suspicious’ blood sample used to convict Letby of Baby F’s attempted murder
A ‘suspicious’ blood sample was used as evidence to convict Lucy Letby of Baby F’s attempted murder, an expert has said.
Richard Taylor, a consultant neonatologist from Victoria, British Columbia, told the press conference that there was a “ridiculously highs” level of glucose – 999 millimoles per litre – in a blood sample, which he said made its use in evidence“unreliable”.
“When you’ve got such a high glucose result… it makes the insulin result really unreliable,” he said.
“The insulin number was about 40 times as high as I’ve ever seen in my career. It’s ridiculously high, something obviously suspicious about it.”
Letby was convicted of attempted murder against Baby F, who survived, after the prosecution argued she added insulin to an intravenous drip.
Richard Taylor, a consultant neonatologist from Victoria, Canada, speaks at the press conference – Jonathan Brady/PA Wire
03:45 PM GMT
‘Unprecedented’ for so many unpaid experts to question Letby evidence
It is “unprecedented” for “50 or 60 or more experts” who are not being paid to question the medical evidence used in the trial of Lucy Letby, it has been claimed.
Roger Norwich, a retired consultant paediatrician, told the press conference: “It’s almost unprecedented that 50 or 60 or more experts have come out of the woodwork to defend somebody on the basis of what we regard as absolutely appalling and unsustainable medical evidence.”
Mark McDonald, Letby’s barrister, added: “All these experts have come forward, and they’re working day and night, some of them drafting reports, not one of them is being paid. Not one of them has asked for a fee.
“And again, that’s unique and also, in my experience, they’re doing it because they feel that something has gone wrong.”
Roger Norwich, a retired consultant paediatrician, speaks at the press conference – Jonathan Brady/PA Wire
03:37 PM GMT
I will not criticise Letby’s trial defence lawyers, barrister says
Lucy Letby’s barrister has said he will not criticise the lawyers who defended her during her trial.
Mark McDonald said: “All I can say is that I have fresh evidence that cast a significant doubt on the conviction.
“And can I say this: that I am in no way, and I will not, and you will not hear me criticise the trial defence team.
“She was represented by a very leading and very experienced King’s Counsel, and you’re not going to have me standing here criticising him.”
Benjamin Myers KC, of Exchange Chambers in Manchester, represented Letby during her trial.
Mark McDonald speaks at the press conference – Jonathan Brady/PA Wire
03:33 PM GMT
Doubts over Letby’s convictions ‘will not go away’ without reopened appeal
Doubts over Lucy Letby’s convictions will not “go away” unless her appeal is reopened, her barrister has said.
Mark McDonald told the press conference: “My experience in miscarriage of justice cases when there are significant doubts, it doesn’t go away.
“We will still be talking if this matter is not properly reviewed, if this matter does not go back to trial and fresh evidence called before the jury.
“We will be continuing and so the best thing to do is actually to have this matter before the Court of Appeal, go on the fresh evidence that we now have, and go back to a trial and present that fresh evidence.”
03:20 PM GMT
‘Unprecedented’ to reopen Letby’s appeal, barrister admits
Lucy Letby has admitted that it would be “unprecedented” to reopen Lucy Letby’s case at the Court of Appeal.
“It is unprecedented,” he said. “It’s a rarely used device. There’s authority on it, predominantly in the civil area of law, but there are criminal authorities on it.
“But one of the aspects is that we also have another remedy, which is the Criminal Cases Review Commission.
“But my argument is the Criminal Cases Review Commission is there to look at fresh evidence. 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 re-look at what they have decided already.”
03:18 PM GMT
‘No evidence of deliberate harm’ in cases of Baby O and Baby C
Mr McDonald has said that two new neonatal experts have reviewed the evidence in the case of Baby O and Baby C and found “no evidence of deliberate harm”.
Dr Neil Aiton and Dr Svilena Dimitrova said they had examined the cases and found “identifiable medical reasons” why both babies became unwell and did not respond to resuscitation.
In a statement handed out at the press conference, the pair wrote: “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 pregnancy.
“We have seen no evidence of deliberate harm to these babies by anyone.”
The pair are also working on reports for other babies.
03:16 PM GMT
New reports indicate two babies died for ‘medical reasons’
New reports commissioned by Lucy Letby’s legal team indicate that two babies in her case died for “medical reasons”, Mark McDonald has said.
The barrister said “very detailed and lengthy reports” had been written on Baby O and Baby C using hospital notes, post-mortem records and expert opinion.
He 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 report evidence showing that these babies could not reasonably be described as realm or stable, neither should their deteriorations be described as unexplained.
“Our reports contain careful justified new evidence which has 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 report is complex, it is possible to draw clear and sound conclusions, which we believe will stand up to scrutiny.”
03:08 PM GMT
McDonald ‘set to bypass’ Criminal Cases Review Commission
It looks as if Mark McDonald will bypass the Criminal Cases Review Commission (CCRC) and intends to go back to the Court of Appeal, reports Sarah Knapton.
He will argue that Dewi Evans, the Chief Medical Witness for the prosecution, has changed his mind on the cause of death in three cases – Baby C, Baby I and Baby P.
In October, I reported how Evans told me that he no longer believed that Baby C was killed by an injection of air into the stomach, and instead suggested that it was an air embolism into the bloodstream.
“The stomach bubble was not responsible for his death,” he told me. “Probably destabilised him though. His demise occurred the following day, around midnight, and due to air in the bloodstream.
“Letby was there. I amended my opinion after hearing the evidence from the local nurses and doctors. Baby C was always the most difficult from a clinical point of view. So I understand the confusion.”
Mr McDonald believes that the change of heart suggests that Dr Evans is not a reliable witness and that Court of Appeal judges may have been misled.
03:07 PM GMT
Key witness has ‘changed mind’ on deaths of three babies, says barrister
A key witness used by the prosecution in the trial of Lucy Letby has changed his mind on the cause of deaths for three babies, her barrister has claimed.
Mark McDonald said: “The defence’s main ground of appeal in the Court of Appeal was the reliability of Dr [Dewi] Evans. The appeal was refused.
“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.
“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 now 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, which he has given to the police. 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 all the convictions are not safe.”
03:04 PM GMT
Letby to appeal to review all convictions at the Court of Appeal
Lucy Letby’s new barrister has announced that he will seek to review all of her convictions at the Court of Appeal.
Mark McDonald told a central London press conference: “Today the defence are announcing that it will immediately seek permission from the Court of Appeal to take the exceptional, but necessary, decision to apply to reopen the appeal of Lucy Letby and immediately review all her convictions.
“In August 2023 Lucy Letby was convicted in the Crown Court at Manchester after a trial lasting over 10 months of seven counts of murder and seven counts of attempted murder. On 24 May 2024, the matter was before the Court of Appeal where all applications for leave to appeal were refused.”
Letby has had two previous appeals refused by the Court of Appeal.
03:02 PM GMT
Press conference begins
The press conference has now started.
02:47 PM GMT
Why Lucy Letby’s convictions have been questioned
Lucy Letby, 34, of Hereford, is serving 15 whole-life terms for the murders of seven infants and the attempted murders of seven others at the Countess of Chester Hospital between 2015 and 2016.
But since the convictions, dozens of statisticians, scientists, doctors and nurses have come forward to challenge the evidence presented to the jury.
It has been revealed that door-swipe data used to place various doctors and nurses at the scene of baby collapses and deaths was flawed.
The jury was also not told about several internal and external reviews carried out by the Countess of Chester, public bodies, outside medical experts and pathologists that failed to find any evidence of foul play.
Nor did jurors hear that the neonatal unit had suffered an outbreak of the deadly bug pseudomonas and had been criticised for being crowded and understaffed, with consultants making only two ward rounds per week.
The prosecution has said Letby was convicted on a multitude of evidence from specialists, and that the defence could have called rebuttal witnesses but chose not to.
02:40 PM GMT
When does the press conference start?
The press conference in central London will start at 3pm.
02:36 PM GMT
More than 50 experts ‘ready to question evidence against Letby’
Mark McDonald, Lucy Letby’s lawyer, has previously said more than 50 experts are ready to question the evidence against her.
The barrister said he recently met more than 50 experts in neonatology, pathology and statistics who were willing to do so.
Lucy Letby is now being represented by barrister Mark McDonald – Chester Standard/SWNS.com
02:34 PM GMT
Why is there a press conference?
The press conference was announced on Saturday by Mark McDonald, Letby’s new barrister.
Mr McDonald said “fresh developments on the case” would be disclosed.
“At the conference we will also be announcing new evidence which significantly undermines the convictions,” he said in a statement.
Mr McDonald is planning to take Letby’s case to the Criminal Cases Review Commission.
02:30 PM GMT
Welcome to the blog
Good afternoon. Tim Sigsworth here reporting on the Lucy Letby press conference due to be held by her barrister on Monday afternoon.
Mark McDonald, Letby’s new barrister, said on Saturday that her legal team will disclose “fresh developments on the case” that “significantly undermines” her convictions.
Follow this live blog for all the updates from me and my colleague Sarah Knapton, The Telegraph’s science editor.