CPS ‘refusing to hand over new evidence' in Letby case, MPs told
Sir David Davis, the former Brexit Secretary, told MPs that Letby's legal team had been denied access to new information ahead of taking her case to the Criminal Cases Review Commission (CCRC).
Responding to his concerns, Shabana Mahmood, the Justice Secretary, promised to raise the matter with the Home Secretary or head of the CPS.
The Telegraph understands that Sir David was referring to a revised medical report from Dr Dewi Evans – the chief medical expert at Letby's trial – which was submitted to police in October.
The report refers to the case of Baby C, a boy whom Dr Evans initially claimed had been murdered with an air injection into his stomach, but has since reassessed his opinion.
Baby C was one of seven babies whom Letby was convicted of killing at the Countess of Chester Hospital in 2015 and 2016.
Mark McDonald, Letby's new barrister, said he had made several attempts to access the report but had been refused on the grounds that it did not 'meet the test' for discoverable material.
Speaking in the Commons on Tuesday, Sir David said: 'Can the secretary of state explain to the House under what circumstances are the police and Crown Prosecution Service allowed to deny access to evidence after a trial has concluded to a defence lawyer seeking to appeal, as has happened in the Lucy Letby case and I believe in others?'
Responding, Ms Mahmood said: 'He will appreciate as the Justice Secretary I am not able to interfere in any independent decisions made by the police or the Crown Prosecution Service.
'But he has made his point and I will ensure it is dealt with by the appropriate individuals – either the Home Secretary or the head of the CPS.'
During Letby's trial, Dr Evans said he thought a bubble of air had caused Baby C's stomach to balloon, 'splintering his diaphragm' and crushing his lungs so that he could no longer breathe.
He was initially suspicious about the death because an X-ray showed the baby had an unusual amount of air in his stomach, which could have been caused by the deliberate pumping of air into his feeding tube.
However, a BBC File on 4 investigation found that Letby was not working at the hospital around the time the X-ray was taken.
After the broadcast, Dr Evans told The Telegraph he no longer believed air injected into the stomach was the cause of the death.
'The stomach bubble was not responsible for his death,' he said. 'Probably destabilised him though. His demise occurred the following day, around midnight, and due to air in the bloodstream.
'Letby was there. I amended my opinion after hearing the evidence from the local nurses and doctors. Baby C was always the most difficult from a clinical point of view. So I understand the confusion. Think I've nailed it now.'
At a press conference in December, Letby's barrister said he would seek a fresh appeal on the grounds that the chief medical expert had changed his mind since the verdicts and his evidence was 'not reliable'.
Dr Evans has continued to assert that he believes the evidence against Letby is 'compelling and overwhelming' and has not changed his view that she was responsible for the death of Baby C.
A Crown Prosecution Service spokesman said: 'The defence will be aware of the steps they can take if they believe that they are entitled to material. We have carried out our disclosure responsibilities appropriately.'
Cheshire Police declined to comment.
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