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The judge overseeing the public inquiry into Lucy Letby’s crimes today rejected calls for it to be paused amid claims the killer nurse’s convictions could be unsafe.
Lady Justice Thirlwall had been asked to temporarily halt her inquiry by lawyers for Letby and the senior managers at the Countess of Chester Hospital, where she murdered her victims.
Kate Blackwell KC, representing the former executives, including ex-chief executive Tony Chambers, medical director Ian Harvey, director of nursing Alison Kelly and HR director Sue Hodkinson, claimed there was now a ‘real possibility’ that the 35-year-old’s convictions could be referred to the Court of Appeal and overturned.
She said reports from a series of experts, outlined by Letby’s new legal team at a press conference last month, had found alternative, natural explanations for the baby deaths.
Their reports had already been lodged with the Criminal Cases Review Commission, which assesses potential miscarriages of justice, Ms Blackwell said, and it would be ‘unfair’ to witnesses and more ‘costly’ for the inquiry to continue while her case was being examined.
The application, however, was strongly opposed by families of Letby’s victims.
Richard Baker KC claimed there was ‘nothing new or remarkable’ in the experts’ reports and the move was simply an attempt by the senior executives to avoid ‘accountability and criticism.’
And today Lady Justice Thirlwall dismissed the senior executives’ arguments and insisted her inquiry should continue.
Lucy Letby (pictured) was found guilty of murdering seven infants and attempting to murder seven more at the Countess of Chester Hospital’s neo-natal unit between June 2015 and June 2016
Lady Justice Thirlwall (pictured), overseeing the inquiry, has refused to pause it after applications from both Letby’s lawyers and hospital executives
‘It is not the actions of Lucy Letby that I am scrutinising, it’s the actions of all those who worked in the hospital,’ she said.
‘What they did at the time, in light of what they knew at the time and in light of what they should have known at the time.’
Letby, 35, was found guilty of murdering seven children and attempting to murder seven more – one of whom she attacked twice – following two trials at Manchester Crown Court.
She is serving 15 whole life sentences and two appeals to overturn her convictions have already been rejected.
The CCRC has confirmed it is assessing Letby’s case and would have to make a referral to the Court of Appeal in order for it to be considered a third time.
The application to pause the inquiry was fiercely opposed by her victims’ families
Lady Justice Thirlwall said the CCRC’s undertaking would be a ‘lengthy process’ and any pause would be ‘outside her control, rather lengthy and an effective suspension.’
She disagreed with Ms Blackwell’s argument that failure to pause the inquiry – which has already cost around £10m – would lead to greater expense to the taxpayer because the oral hearings have been completed ahead of schedule and, consequently, already cost less than predicted.
She claimed that, if her report, which is due to be published in November, was delayed ‘costs would be greater.’
The judge also insisted the inquiry had been fair to all those taking part and did ‘not become unfair because of the possibility that the convictions are unsafe.’
She said she had guarded ‘against hindsight’ when judging the actions of people up to a decade ago and insisted she would keep that in mind when she begins writing her final report tomorrow.
