Expert witness 'changed mind' over deaths, say Lucy Letby lawyers

Lawyers for Lucy Letby have announced that they plan to request an immediate review of all her convictions from the Court of Appeal. This comes after an expert witness has altered his position on the causes of death for three infants.

The ex-nurse has been sentenced to 15 life terms in prison for the murders of seven infants and the attempted murder of seven more during her time as a neonatal nurse at the Countess of Chester Hospital.

At a press conference in London, her lawyer Mark McDonald claimed that the main expert for the prosecution, Dr. Dewi Evans, reportedly changed his opinion regarding the cause of the babies' deaths.

He mentioned that Dr. Evans has unexpectedly altered his opinion regarding the cause of death for three infants: Baby C, Baby I, and Baby P.

The BBC has reached out to Dr. Evans for his input. He has not provided any comments regarding Mr. McDonald's allegations so far.

Letby was found guilty in August 2023 and has had her requests to appeal the convictions denied on two separate occasions.

The Crown Prosecution Service (CPS) stated that the court had already dismissed "[Letby's] claim that the prosecution's expert evidence was incorrect."

Mr. McDonald stated, "The main points raised during the earlier hearings focused on whether the jury could consider the testimony of Dr. Dewi Evans, the lead expert witness for the prosecution."

During the trial, the defense made two separate requests to dismiss Dr. Evans' testimony. However, the trial judge denied these requests.

Later, it was contended in the Court of Appeal, but the appeal was denied.

The lawyer stated, "Dr. Evans informed the jury that Lucy Letby had administered air through a nasogastric tube, which resulted in the deaths of the three infants."

"This point was brought up again in the Court of Appeal, which might have been misinformed when they made their decision regarding the request to challenge the convictions."

He mentioned that Dr. Evans had changed his views regarding Baby C and had prepared a new report that he provided to the police several months earlier.

However, he stated that "despite many requests," the prosecution has "still not provided this report to the defense."

Mr. McDonald stated that the defense will contend that Dr. Evans lacks credibility as an expert, casting doubt on the safety of all the convictions.

Dr. Evans had earlier informed BBC File on Four that Baby C probably passed away because of "a mixture of air and milk" that was delivered through the nasogastric tube into the stomach. This explanation was different from what he conveyed in court, where he only referenced air.

After his appearance on the show, he mentioned to the BBC that it prompted him to reassess the circumstances surrounding Infant C's collapse and subsequent death. He believed it was "more probable" that an air injection into the bloodstream was the cause, though he emphasized that either scenario would be considered "caused harm."

Mr. McDonald mentioned that he received information from two neonatologists, which he believes serves as new evidence regarding the cases of Baby C and Baby O. This evidence indicates that there is no sign of intentional harm.

According to the CPS, two juries along with three judges from the appeal court have examined a variety of evidence pertaining to Lucy Letby.

The CPS stated, "She has been found guilty on 15 different charges after two distinct jury trials."

In May, the Court of Appeal denied Letby's request to appeal on all counts, turning down her claim that the expert evidence presented by the prosecution was faulty.

Mr. McDonald, who started representing Letby three months back, announced that he plans to petition the Court of Appeal directly to have her case reconsidered. Additionally, he will approach the Criminal Cases Review Commission to request a review of the case.

He mentioned that the application was unique since it was a direct request to the court, which had previously rejected permission to appeal on two occasions.

A 34-year-old nurse from Hereford was found guilty of murder and attempted murder during her time at the hospital from 2015 to 2016.

She tried to take the life of one of her victims twice.

The Thirlwall Inquiry, which is investigating how Letby managed to carry out her crimes, has been gathering evidence at Liverpool Town Hall since September.

It will continue in January, and the results are anticipated to be released in the fall of 2025.

Throughout the nine-month trial of Lucy Letby, the court was presented with a wealth of information regarding the fatalities.

The court heard that the baby boy, born prematurely in early June 2015, weighed only 800 grams (1 pound 12 ounces) at birth. However, doctors noted that he was in "good condition" and stable despite his low birth weight.

He was located in the most critical area of the neonatal unit, but on the evening of June 13th, he unexpectedly went into respiratory failure.

The court learned that Letby, although assigned to a different area, was in the room when Baby C experienced a collapse. She caused this incident around 11:15 PM BST by pushing air into his stomach through a feeding tube.

Medical personnel were unable to bring him back to life, and he was declared dead at 5:58 AM on June 14.

During the trial, it was revealed that Baby I was delivered early at Liverpool Women’s Hospital and was moved to the Countess of Chester on August 18, 2015.

On September 30th, the infant girl threw up and her heart rate decreased.

She unexpectedly fell ill again on October 13 and 14, before experiencing a serious decline in her condition on October 23.

The prosecution claimed that Letby killed Baby I on her fourth try by injecting a lethal amount of air into her bloodstream.

Dr. Evans stated during the trial that he believed Baby I had been exposed to an injection of air.

"In simple terms, air had been pumped into her stomach. This can disrupt your diaphragm's movement and, as a result, affect your breathing," he explained.

The court heard that Baby P was in the same room as his triplet brother, Baby O, who also passed away, while they were in the neonatal unit.

Following his brother's passing, he was closely monitored as a safety measure. At 09:35 BST on June 24, 2016, the infant was discovered to be breathing on his own and in stable condition.

Fifteen minutes later, he fell unconscious and needed help with his breathing.

On June 24, he fainted multiple times and was declared dead at 4:00 PM after 45 minutes of unsuccessful efforts to revive him.

Dr. Evans testified during the trial that he believed the collapses were related to "an extra supply of air being provided to the baby on the morning of June 24th."

Further contributions by PA Media.

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