Why Lucy Letby's lawyers are ramping up killer's freedom bid after bombshell twist in ANOTHER infamous murder case

Scottish Sun

2 days ago

It comes after an email appeared to contradict a consultant's testament he had caught Letby 'red-handed'
LETBY PLEA Why Lucy Letby's lawyers are ramping up killer's freedom bid after bombshell twist in ANOTHER infamous murder case
TWO dramatic court cases saw her convicted of the murder of seven babies and the attempted murder of seven more - leaving Lucy Letby facing the rest of her life behind bars.
But supporters of the 35-year-old nurse, who believe she is the victim of a miscarriage of justice, are now clinging to fresh hope after a seismic twist in another infamous criminal case - and are calling on MPs to step in.
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Lucy Letby was convicted of the murder of seven babies and the attempted murder of seven more
Credit: Enterprise
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But her supporters believe she is the victim of a miscarriage of justice
Credit: Alamy
The growing band of Letby champions, including MP David Davis, have been buoyed by the recent release of Peter Sullivan, 68, who was freed after 38 years when his murder conviction was overturned.
The Court of Appeal quashed his conviction for the murder and sexual assault of 21-year-old florist Diane Sindall, who was battered to death in 1986, when a DNA testing breakthrough proved he was not a match for a semen sample found on her body.
On a Facebook group set up for Letby's followers, one supporter said: 'There's another victim, Peter Sullivan, of a miscarriage of justice freed after 38 years of wrongful incarceration for a crime he did not commit.
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'We need to put more pressure on our local MPs to speed up Lucy's appeal.'
But far from offering a glimmer of hope to the 'Letby is innocent' brigade, the handling of Sullivan's case and that of Andrew Malkinson, wrongly convicted of rape, merely proves it could be years before the evidence is reviewed.
The Criminal Cases Review Commission (CCRC), which is currently considering an application for an appeal from Letby's lawyers, has been slammed by critics as 'not fit for purpose' after delays and blunders left the two innocent men floundering in jail years after new evidence that finally cleared them came to light.
The legal team for Malkinson, who served 17 years before his rape conviction was quashed in 2023, spent more than a decade pleading with the CCRC to conduct DNA tests on samples taken from the victim, but was repeatedly refused.
Those tests, it later emerged, would have seen him released at least a decade earlier.
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Similarly Sullivan, who was dubbed the 'Beast of Birkenhead', spent 38 years behind bars protesting his innocence despite his lawyers telling the CCRC in 2008 that DNA analysis of a semen sample found on the victim would clear him.
And while the forensic test known as Y-STR, which eventually proved his innocence, became available in 2013, the CCRC waited until 2021 to order proper tests, and another four years before he was acquitted.
I defend baby killers like Lucy Letby – bombshell new theory could FREE her but I know real truth… & it's NOT medical
The Commission's chair, Helen Pitcher, who earned £95,000 a year for a two-day week, was forced to quit in April after Justice Secretary Shabana Mahmood said she was 'unfit' for the role.
Now there are calls for the resignation of chief executive Karen Kneller, a lawyer who received a £130,000 salary from taxpayers last year.
A report into the Malkinson case, by KC Chris Henley, found Kneller was 'head of casework' at the time of the CCRC's "very poor" work and slammed staff for "muddled" thinking, "casual and dismissive" language and failing to read evidence.
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She was also in the role when Peter Sullivan's team made their first approach.
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Peter Sullivan, dubbed the 'Beast of Birkenhead', spent 38 years behind bars protesting his innocence before he was released earlier this year
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Andrew Malkinson was wrongly convicted of rape
Credit: BBC
Swell of support
Letby, originally from Hereford, is facing 15 whole life sentences for the murders and attempted murders at the Countess of Chester Hospital in Cheshire.
Since her two trials, in August 2023 and October 2024, a swell of support has been building for the 35-year-old.
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Dr Shoo Lee, an eminent neonatal expert who claims his research was incorrectly interpreted by the prosecution to convict Letby, has said 'the medical evidence doesn't support murder [or attempted murder]' in any of the cases'.
He is backed by a growing number of those who believe the case against her is flawed.
In February, Letby's legal team submitted an application to the CCRC - set up in 1997 to review possible miscarriages of justice - with barrister Mark McDonald hand-delivering the full findings of a 14-strong international panel of experts.
Her supporters argue that the babies could have died of natural causes, and Dr Lee claimed his findings on skin discolouration used to support the theory that the nurse killed some of the children by injecting them with air was "misrepresented" in court and that the evidence "wasn't quite right".
He and the panel examined all 17 cases cited in the trial and concluded: 'Death or injury of all the affected infants were due either to natural causes or to errors in medical care.'
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Last month, an email emerged which appeared to contradict a consultant's testament he had caught Letby 'red-handed', standing over the cot of the victim known as Baby K as he was deteriorating without calling for help.
In the bombshell missive sent to colleagues at the Countess of Chester Hospital on May 4, 2017, which was not read in court, Dr Ravi Jayaram wrote: 'At time of deterioration... Staff nurse Letby (was) at the incubator and called Dr Jayaram to inform of low saturations.'
He added: 'Baby K subsequently deteriorated and eventually died, but events around this would fit with explainable events associated with extreme prematurity.'
'Not fit for purpose'
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The Court of Appeal quashed Peter Sullivan's conviction for the murder and sexual assault of 21-year-old florist Diane Sindall
Credit: PA
Following the release of Peter Sullivan, Letby has been flooded with a fresh wave of support, with her loyal band of followers drawing apparent inspiration from the latest acquittal.
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One man wrote: 'A new police investigation and new compensation claims. Those people in charge don't want that to happen anytime soon.'
Another posted: 'Lucy and Peter Sullivan were found guilty of a crime by a jury and sentenced accordingly.
'I believe that only pressure from MPs and Lucy's legal team can speed up her case review. Unfortunately our legal system is not fit for purpose when it comes to addressing mistakes.'
A link about how to raise the matter with your local MP has been posted to the site.
A follower said: 'In Lucy's case there was NO crime so hopefully we can keep pushing that aspect and save the long wait for a retrial.'
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One woman referred to the CCRC as the 'Criminally Corrupt Reluctance Committee'.
Referring to how Mr Sullivan must feel and drawing parallels between the two cases, another supporter said: 'It must be horribly frustrating for him… just as it is for Lucy.'
The page, vowing that one day Letby will be freed, has seen an increase to over 3,400 followers.
Internet sleuths still pore over the evidence from the trials and press coverage in online forums such as Reddit and Mumsnet.
The pages have been flooded with discussions about supposed 'similarities' between the former nurse and Mr Sullivan, who they say were both wrongly jailed.
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One fan said: 'Worth noting that Mr Sullivan appears to have repeatedly made false statements to the police, a bit like what the Crown claimed Letby did.'
Another posted: 'I was struck by the careful emphasis throughout that no one was being blamed for having got it wrong before. It makes me worried for Lucy Letby.'
£1million payout
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Following the release of Peter Sullivan, Letby has been flooded with a fresh wave of support
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MP David Davis is among Letby's supporters
Credit: PA
After the CCRC refused Sullivan's first attempt to challenge his conviction in 2008 he lost his appeal bid in 2019, before again asking the CCRC to refer his case in 2021, raising concerns over police interviews, bite mark evidence used during his trial and the murder weapon.
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Merseyside Police reopened the investigation in 2023 after the commission found that DNA samples taken from the scene did not match Mr Sullivan.
He's now in line for a £1million payout, the maximum compensation claim for a wrongful conviction.
Letby lost two bids last year to challenge her convictions at the Court of Appeal.
Lawyer Katie Wheatley, partner at Bindmans and head of the Crime, Fraud and Regulatory team, said that while the two cases are 'very different in nature', the legal test for the CCRC remains the same.
She said: 'Mr Sullivan was cleared by the Court of Appeal after new DNA tests obtained by the CCRC cast very significant doubt on the safety of his conviction.
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'In Lucy Letby's case, her lawyer has said that the CCRC has been provided with new medical evidence from a panel of neonatologists and paediatric experts.
'It will be up to the CCRC to review this material and carry out any further investigations it considers appropriate.
'When considering whether to refer Lucy Letby's case to the Court of Appeal, the CCRC will apply the legal test for referral which is whether it considers there is a real possibility that the Court of Appeal will quash her convictions.
'Thus, while the cases are very different in nature, the legal test applied by the CCRC will be the same.'
Timeline of horror - how Letby targeted babies
LUCY Letby carried out her horrific crimes in a year-long period at Countess of Chester Hospital.
She used insulin and air to inject newborns while working on the neo-natal ward.
The collapses and deaths of the children were not 'naturally-occurring tragedies' and instead the gruesome work of 'poisoner' Letby.
Her rampage was finally uncovered after staff grew suspicious of the "significant rise" in the number of babies dying or suffering "catastrophic" collapses.
Letby was found to be the "common denominator" among the horrifying incidents.
Officers then searched her three-bedroom home in Chester and discovered a chilling cache of evidence.
The nurse had scribbled haunting notes in diaries and on Post-It notes, including one that read: "I am evil I did this."
The note added: "I don't deserve to live. I killed them on purpose because I'm not good enough to care for them.
"I am a horrible person."
A probe into whether Letby harmed any other babies at the Countess of Chester Hospital and Liverpool Women's Hospital is ongoing.
A corporate manslaughter investigation is also ongoing, as is now a gross negligence manslaughter one.
The CCRC receives 1,500-1,600 cases each year, referring around 30 back to the Court of Appeal.
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The Law Commission is currently consulting on whether the 'real possibility' legal test that the CCRC currently applies should be changed to reflect the body's own view of whether a conviction might be unsafe, rather than having to predict what the Court of Appeal might think.
Katie added: 'A change in the legal test might result in the CCRC broadening the focus of its investigations and being able to refer more cases to the Court of Appeal to review.'
Even if the CCRC decides to refer Letby's case following the 14-strong panel's findings, the complexity of the case means it could take years, according to legal experts.
Meanwhile, lawyers for the families of Letby's victims rubbished the report, claiming it's "full of analytical holes" and "a rehash" of the defence case heard at trial.
Detective Superintendent Paul Hughes, of Cheshire Police, also hit back at 'ill-informed and insensitive' critics questioning her guilt.
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In a strongly worded statement, he insisted the former nurse's case had been 'rigorously and fairly tested' by two juries and two sets of appeal court judges after a painstaking six-year police investigation.
Referring to the victims' families, he added: 'Their dignity and composure in the face of intense public discussions with little sensitivity or humanity is remarkable.
'Their words are incredibly honest and powerful and must not be lost in a sea of noise.'
Undeterred
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Letby was arrested at home in Chester in July 2018
Credit: AFP
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The former nurse carried out her horrific crimes in a year-long period at Countess of Chester Hospital
Credit: Getty
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In November, Lady Justice Thirlwall is due to publish the findings from the public inquiry into how the former nurse was able to commit her crimes.
Cheshire Constabulary is continuing a review of deaths and non-fatal collapses of babies at the neonatal units of the Countess of Chester Hospital and the Liverpool Women's Hospital during Letby's time as a nurse from 2012 to 2016.
But Letby's supporters seem far from deterred and even threw a party to celebrate her 35th birthday at a pub in Clapham, south London.
They filled the public gallery during her trial and protested outside Manchester crown court, wearing yellow butterfly badges to match one seen in a photo of Letby in scrubs.
Every December since her conviction in 2023, they have sent her Christmas cards in prison.
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But, even if there are flaws in the prosecution, it will be a long time before they can celebrate a fresh appeal.