Senior hospital managers now believe there is a “real likelihood” Lucy Letby may not be guilty of murdering babies, the public inquiry has heard.
Former medical director Ian Harvey, former director of nursing and quality Alison Kelly, former chief executive Tony Chambers and former director of people Susan Hodkinson stated their position via their legal team at Liverpool Town Hall on Tuesday.
In her closing submission, Kate Blackwell KC said: “There now appears to be a real likelihood that there are alternative explanations for these deaths and unexplained collapses, namely poor clinical management and care and natural causes.”
Letby, 35, is currently serving fifteen whole life orders after being convicted of murdering seven babies and attempting to murder a further seven while working as a neonatal nurse at the Countess of Chester hospital between June 2015 and June 2016.
Her attempts to appeal her convictions have twice been rejected by High Court judges.
The Countess of Chester Hospital (Photo: Jacob King/PA Wire)However, Letby has since instructed a new legal team led by barrister Mark McDonald who has put forward new claims from a panel of 14 international experts who have examined the case.
These experts, led by paediatrician Dr Shoo Lee, have said there is “no medical evidence” to suggest any of the babies were murdered.
Mr McDonald has lodged an application with the miscarriages of justice watchdog the Criminal Cases Review Commission (CCRC), the independent body which has the power to put Letby’s case back before the Court of Appeal.
He has asked for the Thirlwall Inquiry to be paused until the CCRC has made a decision.
Ms Blackwell told the Thirlwall Inquiry the four senior managers support this position.
Dr Shoo Lee gestures as he speaks during a press conference to present new evidence regarding the safety of the convictions of former nurse, Lucy Letby (Photo: Leon Neal/Getty Images)“If there is evidence to indicate that there are alternative explanations, then it would be wrong for the Inquiry to ignore it because it is inconvenient,” she added.
“Where there is a real possibility Letby’s convictions may be referred to the CCRC and quashed, to ignore this procedure which is now in process, would potentially lead to an unfairness.
“The convictons of Letby are the very cornerstone of this inquiry.”
Ms Blackwell said that several of the international experts who believe Letby is innocent have confirmed they are prepared to give evidence at the Court of Appeal and at any retrial.
She added: “If this inquiry is a search for the truth, then there is now, it seems, evidence being provided to the CCRC that the causes of death may be different, that juries may have been presented with a misleading and incomplete picture, and this inquiry should consider carefully, we respectfully submit, before producing a report based upon the bedrock of Letby’s convictions.
“Whilst the awaited decision of the CCRC cannot be predicted in time or decision, the increasing concern expressed by world class experts that the prosecution case was based on medical misunderstanding and poor expert evidence, and other concerns raised that evidence was withheld from the jury, [we] are in real danger of dissolving that bedrock into a beach of shifting sands.”
Lady Justice Thirlwall has been told she has the power to pause proceedings if she believes it could lead to an “unfairness” of “unnecessary” costs.
Under the Inquiries Act, the Secretary of State for Health and Social Care also has the power to pause proceedings if it is “necessary to allow the completion of any investigation relating to any of the matters to which the inquiry relates.”
Lawyers for both Letby and the senior managers have written to Health Secretary Wes Streeting to request his intervention, the inquiry has heard.
The public inquiry is due to conclude today and Lady Justice Thirlwall has indicated she intends to publish a report before the end of the year.
This story is being updated.
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