Last month, on these pages, I asked this question: Has the British justice system thrown a young woman into jail for life in order to save the tarnished reputation of the NHS?
I was, of course, writing about Lucy Letby, and sharing my growing unease at her conviction and my concern that the perilous state of maternity and neonatal care in our hospitals was a factor too easily dismissed by the courts.
I am not alone. It seems barely a week passes before yet more voices join those of the clinicians, nurses, academics, statisticians and pre-eminent members of the legal profession who are questioning the quality of the evidence put before the jury.
Letby was convicted of murdering seven babies and of the attempted murder of seven more at the Countess of Chester Hospital between June 2015 and June 2016 – crimes for which the 34-year-old will spend the rest of her days in prison.
At the weekend, the Telegraph revealed that keycard door-swipe data showing which doctors and nurses were entering and exiting the neonatal unit where Letby had been ’mislabelled’ in the original trial last August (although corrected for a retrial which saw Letby convicted of the attempted murder of a child known as Baby K).
Door-swipe data was used in the original trial to show Letby’s presence in the unit at a time when some of the babies suffered crises – on a neonatal unit where crisis was common.
While the ‘mislabelled’ data relates to just one door, the Telegraph reported that the CPS is refusing to confirm if data from other doors in the unit submitted to the court is correct. Given the growing level of public interest and concern, that position is untenable.
Many of those questioning the verdict believe, like me, that more weight should have been given to problems at the Countess of Chester, including under-staffing in the neonatal unit, poor practice, cramped conditions, outbreaks of infection, and the extreme prematurity of some of the babies. One baby weighed just 1.7 lb and was described by a nurse on the unit as the smallest baby she’d ever seen.
I have also been struck by how some staff who worked shoulder to shoulder with Lucy Letby have insisted she is innocent and were shocked by the guilty verdict.
Sadly, death is no stranger to the skilled personnel working on neonatal units, and I know many nurses who see Letby as a scapegoat for systemic failings.
We also know that as a result of her conviction, many staff feel scared and are leaving their highly-skilled jobs in an already over-stretched speciality.
Former cabinet minister Sir David Davis has taken up the Letby case in Westminster and is analysing the evidence used to convict her. He will be calling for a debate when Parliament returns in September.
It is now time for the Justice Secretary, Shabana Mahmood, to become involved. Letby’s case must urgently be reviewed by the Criminal Cases Review Board (CCRB), which has the authority to refer it to the Court of Appeal.
Leading criminal barrister Mark McDonald and others estimate it could take five years and will be extremely costly, but if the Government can find the cash to award eye-watering pay rises to train drivers and junior doctors, then it can surely find the money to instruct the CCRB to expedite a review and referral (if warranted) to safeguard against what would be one of the biggest miscarriages of justice ever.
In order to make such an important decision, the Justice Secretary would require a sign off by No 10, and Sir Keir is, of course, a former Director of Public Prosecutions.
If Letby’s conviction were to be overturned, it would shake the foundations of our legal system to the core. The police, the CPS, our court processes, the adequacy of juries, the use of so-called ‘expert witnesses’ – all would be called into question.
So I am left wondering if the law will protect the law? I am aware that those who have raised concerns have already felt the hand of the judiciary resting on their shoulder.
I served two years as minister for maternity and neonatal care and I know how hard officials in the Department of Health and in the Ministry of Justice will fight against any moves to expedite a review into this case.
Their jobs are to protect the inviolability of our sacred NHS and our justice system – which is why the onus is on us all to keep asking questions until we are sure the evidence is robust and the Letby conviction is safe. Or not.
Some staff who worked shoulder to shoulder with Lucy Letby have insisted she is innocent
If Letby’s conviction were to be overturned, it would shake the foundations of our legal system
The 34-year-old will spend the rest of her life in prison
Thank you for the music
Adele performing in Munich earlier this month
The best of the best have made the summer of ’24 a memorable one for music fans everywhere.
Coldplay headlining at Glastonbury and beamed into our living rooms. The phenomenal Taylor Swift at Wembley. And if you are lucky enough to be able to jump on a flight to Munich, you can catch Adele in her only appearances in Europe this year.
I’ve seen clips of the show and can only kick myself for not being the type who plans things in advance.
Next year, I vow, your veg will be perfect!
Every gardener I know is in despair. Tomato plants took an age to get going this year – and having borne minimal fruit, are now refusing to ripen. The few tomatoes that we’ve eaten this summer must have cost around £10 each to grow.
Meanwhile, blackfly, greenfly, black spot and all manner of fungi have plagued my flower and vegetable beds. And now, to add insult to injury, my savoy cabbages, which appeared to be enjoying our cooler, damp weather, are riddled with bright green caterpillars.
Next year I’ll give the vegetable beds a miss, book a month-long holiday abroad during peak growing weeks – and that way, the rest of you can all but be guaranteed perfect gardening weather. It’s a sacrifice I’m prepared to make!
Meghan and Harry at a presentation in Bogota, Colombia, at the weekend
We’re with you, Harry
The faux Royal tour of Colombia has been fascinating – not least for the photographs of the Sussexes in action.
Former actress Meghan, engaged and smiling, joining in whatever is expected of her with enthusiasm; or caught in profile, chin tilted upwards, with that half-wistful smile. Whereas Harry looks ill at ease in many pictures, dead behind the eyes and miserable, even when he’s got a smile pasted on his face.
How our hearts break for him.
- I know this isn’t a popular opinion on the pages of the Mail, but I love working from home. I have a bird table right outside my office window, and if I forget to top it up in the morning, the robin taps on my window to remind me, while the finches and the baby collared dove sit back and wait. It’s bird food for the soul.
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