The former neonatal nurse, 35, is serving 15 whole life orders in prison after being found guilty of murdering seven babies and attempting to murder a further seven between June 2015 and June 2016.
A new legal team led by barrister Mark McDonald claims they have fresh evidence which demonstrates her convictions are unsafe and wants the Criminal Cases Review Commission (CCRC) to put her case back to the Court of Appeal.
During proceedings on Tuesday, four former hospital bosses at the Countess of Chester – medical director Ian Harvey, director of nursing Alison Kelly, chief executive Tony Chambers and HR director Susan Hodkinson – made clear they support the application.
Lady Justice Thirlwall continues to hear from all parties involved in the public inquiry for their opinion on the application and is likely to give a ruling on Wednesday.
The senior managers who have spoken out were all key figures at the Countess of Chester hospital at the time of Letby’s crimes. All have since left their jobs.
During his evidence, Mr Harvey admitted that there had been missed opportunities to stop Letby earlier and that he regretted not calling in police investigate sooner.
Ms Kelly was accused of failing to escalate concerns to NSH England when she should have done, while Ms Hodkinson was accused of supporting a plan to have the consultants ‘managed out’ of the hospital and reported to the General Medical Council (GMC).
What they have called for and why?
It has been suggested that Justice Thirlwall has the power to do so in circumstances where she believes it may be “unfair” on any of the parties concerned, or where it may lead to “unnecessary” costs to the public purse.
Lucy Letby was convicted of murdering seven babies and attempting to murder seven others (Photo: Cheshire Constabulary/AFP)
Ms Blackwell argued that the convictions of Letby were the “bedrock” of why the public inquiry was ordered in the first place.
She argued there is “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.”
In fact, they described the public inquiry as “the first real opportunity to telltheir story”.
The managers were asked about their relationship with Letby during the long period she was under investigation, first by the hospital and then by police.
Mr Chambers met with Letby and her parents and notes showed he told her he was “astounded” by her resilience and later said “don’t worry Lucy, we’ve got your back.”
In their statement published in September last year the four bosses expressed “their deepest sympathies to the families of the babies who were harmed so cruelly by Letby.”
What is the inquiry considering?
There are three broads areas that have been examined; the experiences of the parents of babies harmed by Letby, the culture of those working in the hospital, and the effectiveness of NHS management and other governing structures.
Justice Thirlwall has said she hopes to publish a report by the end of 2025.
If Justice Thirlwall were to decide that she does have the power to pause it, and agrees to that request, it would likley mean delaying the publication of her final report until the conclusion of Letby’s potential appeal proceedings.
Letby’s legal team claim the Criminal Cases Review Commission (CCRC) will move quickly to get her case back before the Court of Appeal, due to the weight of opinions they have gathered from a panel of 14 international experts.
He cited the example of Ben Geen, a former nurse who was convicted of killing two patients and injuring 15 others while working at a hospital in Oxfordshire from 2003 to 2004.
Could this impact Letby’s convictions?
The intervention of the senior managers will not have any impact on Letby’s convictions.
Such cases are extremely rare and almost always occur because of significant fresh evidence, such as DNA which suggests an alternative suspect.
Lawyers for the families of babies who were harmed by Letby are opposing the application to pause proceedings.
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square LUCY LETBYLucy Letby may be innocent, say nurse's former hospital bosses
Read MoreHe said that what Letby’s new legal team led by Mr McDonald has claimed to be new evidence with “apparent fanfare” has in fact turned out to be ” old and full of analytical holes.”
“Having being described as ‘real evidence’ produced by ‘world class experts’ it should be consdered whether this sort of application is likely to bring about a quick reversal,” he said.
Mr Baker said the assertion by Letby’s legal team that the CCRC will put her case back to the Court Appeal “imminently” is “highly unlikely”.
He said the application is an attempt by Letby to “control the narrative” and on the part of the hospital’s senior managers to “avoid criticism.”
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