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

The lawyers representing Lucy Letby have announced plans to make a new effort to contest her convictions.

Lawyers for Lucy Letby have announced that they will request the Court of Appeal to urgently reassess all her convictions, citing that an expert witness has recently altered their opinion regarding the cause of death for three infants.

The ex-nurse has been sentenced to 15 life terms in prison for the murders of seven infants and for attempting to murder 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 stated that the main expert for the prosecution, Dr. Dewi Evans, reportedly changed his opinion regarding the circumstances of the babies' deaths.

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

The BBC has reached out to Dr. Evans for his comments. He has not provided a response regarding Mr. McDonald's allegations.

Letby was found guilty in August 2023 and has attempted to appeal her convictions two times before, but both requests were denied.

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

Mr. McDonald stated, "The main reasons for the appeal in the earlier hearings focused on whether the jury could accept the testimony provided by the lead expert witness for the prosecution, Dr. Dewi Evans."

During the trial, the defense made two attempts to dismiss Dr. Evans' testimony. However, the judge declined their request.

Later, the case was brought before the Court of Appeal, but their decision was ultimately denied.

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

"This was reiterated to the Court of Appeal, which may have been misinformed when they decided on the petition to challenge the convictions."

He mentioned that Dr. Evans had changed his view regarding Baby C and had prepared a new report that he submitted to the police several months back.

However, he mentioned that "even after multiple requests," the prosecution had "still not provided this report to the defense."

Mr. McDonald stated that the defense will contend that Dr. Evans lacks credibility as an expert, suggesting that none of the convictions can be trusted.

Letby's lawyers have argued that Dr. Evans cannot be considered a trustworthy witness.

Dr. Evans had earlier informed BBC File on Four that Baby C probably passed away because of "a mix of air and milk" being delivered into the stomach through a nasogastric tube. This statement contrasts with what he mentioned in court, where he only referenced air.

After his appearance on the show, he informed the BBC that it prompted him to reflect on the circumstances that led to Infant C's collapse and death. He believed it was "more likely" that an air injection into the bloodstream was the cause, while emphasizing that both scenarios would be considered "inflicted injury."

Mr. McDonald mentioned that he received updates from two neonatologists, which he argues should be considered new information in the situations involving Baby C and Baby O. He stated that there is no proof of intentional harm.

The Crown Prosecution Service stated that two juries and three judges from the appeal court had examined various pieces of evidence regarding Lucy Letby.

Mark McDonald mentioned that Letby's defense team plans to request the right to appeal her convictions.

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

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

Mr. McDonald, who started representing Letby three months back, mentioned that he plans to file an application directly with the Court of Appeal to request a reopening of her case. Additionally, he intends to reach out to the Criminal Cases Review Commission to seek a review of the case.

He mentioned that this application was unique because it took a direct route to the court, which has previously rejected requests to appeal on two occasions.

Judges have rejected Letby's requests to appeal on two separate occasions.

The 34-year-old nurse, who hails from Hereford, was found guilty of both murder and attempted murder while she was employed at the hospital from 2015 to 2016.

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

Since September, the Thirlwall Inquiry has been gathering testimony at Liverpool Town Hall to investigate how Letby managed to carry out her offenses.

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

Insights From Letby's Trial On Infant Deaths

Throughout Lucy Letby's nine-month trial, the court was presented with a substantial amount of evidence regarding the fatalities.

The court heard that the baby boy, who arrived early in June 2015, weighed only 800 grams (1 pound 12 ounces) at birth. Nevertheless, medical staff noted that he was in "good condition" and stable.

He was located in the most critical area of the neonatal unit, but on the night of June 13, he unexpectedly ceased to breathe.

The court was informed that Letby, who was assigned to a different area but was on duty at the time Baby C fell ill, triggered the incident around 11:15 PM BST by introducing air into the baby's stomach using a nasogastric tube.

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

The court was informed that Baby I was born ahead of schedule at the Liverpool Women's Hospital and was later moved to the Countess of Chester Hospital on August 18, 2015.

On September 30, the baby girl experienced vomiting and her heart rate decreased.

She unexpectedly fell ill once more on October 13 and 14, leading to a serious decline in her condition on October 23.

The prosecution argued that Letby killed Baby I during her fourth attempt by injecting a lethal amount of air into her bloodstream.

Dr. Evans expressed during the trial that he believed Baby I had received an injection of air.

"In simpler terms, air was pumped into her stomach. This disrupts the movement of the diaphragm, making it harder to breathe," he explained.

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

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

Fifteen minutes later, he fell to the ground and needed assistance with his breathing.

He fell unconscious multiple times on June 24 and was declared dead at 4:00 PM after 45 minutes of unsuccessful efforts to revive him.

Dr. Evans stated during the trial that he believed the collapses aligned with the idea that the baby received "extra air" on the morning of June 24th.

Extra coverage provided by PA Media.

Catch the finest broadcasts from BBC Radio Merseyside on the Sounds platform, and be sure to connect with BBC Merseyside on Facebook, X, and Instagram. If you have any story suggestions, feel free to email them to [email protected].