Lucy Letby loses bid to appeal against conviction
Picture credit: Cheshire Police Department
Lucy Letby has been sentenced to 15 life terms in prison after being found guilty of killing seven infants and attempting to murder seven more.
Residential and Legal Writer
The High Court of Justice
The Court of Appeal has rejected convicted serial killer Lucy Letby's attempt to appeal her recent conviction for trying to murder a baby girl.
Attorneys representing the ex-nurse requested that three high-ranking judges consider her eligibility to appeal the July verdict, which found her guilty of trying to murder a newborn referred to as Child K, after a retrial.
Letby, 34, was previously convicted of killing seven infants and trying to kill six more at the Countess of Chester Hospital from June 2015 to June 2016.
Her legal team claimed that the re-trial was unjust, as the jury had been influenced by the media reports surrounding the initial trial, which concluded in August 2023.
Letby, currently serving 15 life sentences, has had her appeal regarding the other 14 convictions rejected by the Court of Appeal.
A public investigation is currently taking place at Liverpool Town Hall to look into how she managed to carry out her offenses.
During a previous session at the Court of Appeal, Benjamin Myers KC, who is representing Letby, pointed out that her initial trial in 2023 was an "extraordinary case that garnered significant media attention," which might result in "extraordinary unfairness."
He mentioned that we are addressing how the media's reporting and public opinions from the initial trial are affecting the second trial.
Mr. Myers KC informed the judges that although the media coverage of Letby's initial 14 convictions was correct, the overall impact of the articles and subsequent comments resulted in an overwhelming level of hostility.
This indicated that her retrial should have been put on hold because it would be considered an abuse of the legal process. This happens when a trial is so compromised by injustice that it needs to be halted. In this instance, there was "overwhelming and irreparable bias" stemming from the initial trial.
He specifically highlighted the "emotional" remarks made to the press by police officers participating in the investigation of Letby’s offenses.
Nick Johnson KC, who led the prosecution during the initial trial, stated in his written arguments that the defense's request was "misguided." He emphasized that the jury determined Letby to be both a "serial murderer and a chronic liar."
Mr. Johnson remarked, "The comments made by the police following the verdicts in the initial trial were reasonable and accurately conveyed the terrible crimes for which this individual was found guilty."
At the beginning of their decision, Lord Justice William Davis, accompanied by Lord Justice Jeremy Baker and Mrs. Justice McGowan, announced that they would deny Letby's request to appeal her conviction.
In a decision that was momentarily paused due to a fire alarm at the Royal Courts of Justice, he stated that the Court of Appeal needed to consider the exceptional expertise of the judge overseeing both trials, as well as the measures he implemented to guarantee that the second trial was conducted fairly.
Lord Justice Davis stated: "We have determined that the judge made the correct decision in believing that Letby could receive a fair trial."
He remarked that the idea of the police not discussing the case was unrealistic.
The ex-nurse participated in a video call from HMP Bronzefield. She looked quite fatigued and worn out, dressed in a green wrap top, and remained expressionless during the two-hour session of presentations.
When the judges rejected her application, she didn't display any feelings or acknowledge the decision in any visible way.
When the court clerk informed Letby that the hearing was coming to an end and the video connection would be terminated, she softly responded, "Alright."
She had previously received 14 life sentences for killing seven infants and for trying to kill six more, including two attempts on one of the children. Additionally, she was given a 15th life sentence for the assault on Child K.
Photo credit: Cheshire Constabulary
Letby has had two different attempts to appeal turned down by the Court of Appeal.
In February 2016, during the middle of Letby's 13-month period of criminal activity, Child K was assaulted, according to what the retrial revealed.
The jury determined that Letby had removed a breathing tube from the infant 90 minutes after the baby was delivered.
It was reported that the neonatal nurse was standing by her crib without taking any action.
The victim was stabilized, but it was mentioned during the retrial that a doctor happened to arrive at the scene.
Dr. Ravi Jayaram, a pediatrician consultant, stated that he found no proof that Letby was attempting to assist the child, noting that the automatic breathing alarm had been turned off.
Letby stated that she does not remember the event.
Child K was subsequently moved to a different hospital and passed away three days later due to complications from her birth, which were not linked to Letby's actions.
Letby’s lawyers have informed the BBC that they intend to request the Criminal Cases Review Commission (CCRC) to examine her case.
The CCRC looks into possible wrongful convictions and has the authority to send cases back to the Court of Appeal for review.
Further contributions from PA Media.
