Lucy Letby appeal: What has new barrister said and can she overturn guilty convictions?

• Lucy Letby is serving 15 whole life orders after she was convicted of murdering seven babies and attempting to murder seven others.
• Her new solicitor Mark McDonald is planning to file a submission to the Criminal Cases Review Commission in an attempt to appeal Letby’s conviction.
• The Thirlwall Inquiry, which will investigate what happened at the Countess of Chester Hospital will begin this week in Liverpool Town Hall.

Lucy Letby is a former neonatal nurse, who was jailed for murdering seven babies and attempting the murder of seven other babies, with two attempts on one child at the Countess of Chester Hospital between June 2015 and June 2016.

Her trial lasted for 10 months, running from October 2022 to August 2023, with a retrial after the jury was unable to reach a verdict on one count of attempted murder.

The 34-year-old has tried to appeal her conviction twice, however her new lawyer, Mark McDonald is planning to appeal again. Speculation about her conviction has been making headlines, with former cabinet minister and Conservative MP Sir David Davis speaking on Good Morning Britain last week to raise concerns that there was “more than reasonable doubt” about her guilt.

The Thirwall Inquiry, which will investigate the events that happened at the Countess of Chester Hospital following Letby’s convictions is due to begin on Tuesday (September 10).

What’s been said about the Lucy Letby appeal?

Letby has tried to appeal her conviction twice, however her new lawyer, Mark McDonald is planning to file a submission to the Criminal Cases Review Commission (CCRC) in an attempt to appeal Letby’s conviction again. McDonald said during an interview with BBC’s File on 4: “I knew almost from the start, following this trial, that there is a strong case that she is innocent. The fact is juries get it wrong. And yes, so do the Court of Appeal, history teaches us that.”

However speculation about the possible appeal had been “upsetting” for the victim’s families. Speaking on BBC Breakfast on Monday (September 9), solicitor Tamlin Bolton, who is representing families of the six victims, said: “I can’t stress enough how upsetting that has been for all of the families that I represent. And they have thought about so many ways in which they can try to address that and deal with it and make sure they put their voice across. But of course they’re restricted by wanting to keep themselves confidential and private.”

She continued: “So it’s a really difficult challenge for them to try and avoid social media, avoid the reporting about it. But when you have children that are now eight or nine years old, they are looking at TikTok, they’re looking at social media and there are people claiming that the harm that was caused to them or their sibling was not caused by somebody who’s been found guilty of those crimes by a jury and whose appeals have been exhausted, and the Court of Appeal have also said she remains guilty of these crimes.”

Can she overturn her conviction?

Letby’s new barrister has revealed that he is preparing to file a submission to the CCRC in a new attempt to appeal her conviction. Speaking to Channel 5 news on Friday (September 6), he explained that new medical evidence and expert opinion had identified “flaws” in the trial.

McDonald said: “You know, I’ve been so encouraged by the amount of people that have come forward: experts in neonatology, anaesthetists, pathology, statistics; that have come forward and have identified flaws in the trial that now want to give evidence for her, and we’ll want to draft reports to put in to the CCRC to assist.”

What is the Thirlwall Inquiry?

The Thirlwall Inquiry is a public inquiry that has been set up to examine events at the Countess of Chester Hospital and the subsequent convictions, of former neonatal nurse Lucy Letby of murder and attempted murder of babies at the hospital.

The inquiry, which will begin on Tuesday, is chaired by senior Court of Appeal judge, Lady Justice Thirlwall. It will take part in three parts named A, B, and C. Part A will cover the experience of the parents of the babies, Part B, will examine the conduct of those working at the hospital and how Letby was able to carry out the murders and Part C will look at the wider NHS, examining the culture within the UK's hospitals.

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