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Letby lawyer says police have made 'huge mistake' as hospital staff open to gross negligence manslaughter charges

Letby, a former nurse at Countess of Cheshire Hospital, was convicted of murdering seven babies, and attempting to murder six more
Letby, a former nurse at Countess of Cheshire Hospital, was convicted of murdering seven babies, and attempting to murder six more. Picture: Getty

By Danielle de Wolfe

Lawyers for killer nurse Lucy Letby have claimed police are making a "huge mistake" after detectives admitted hospital staff could now face manslaughter charges.

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Mark McDonald, representing Letby, continued to claim on Friday that the nurse is the victim of a miscarriage of justice, adding that expert evidence compiled by her defence team "points the finger" in a "very different direction".

Letby, 35, from Hereford, is serving 15 whole-life orders after she was convicted across two trials at Manchester Crown Court of murdering seven infants and attempting to murder seven others, with two attempts on one of her victims, between June 2015 and June 2016.

Cheshire Constabulary said suspects had been identified and notified in connection to the probe into baby deaths between 2012 and 2016.

The force previously said it was carrying out an investigation into corporate manslaughter at the hospital and on Thursday, it said the probe had widened to gross negligence manslaughter.

It comes as the Thirlwall Inquiry, a public inquiry into the events surrounding Letby's crimes, is due to reconvene at Liverpool Town Hall on Monday for final closing submissions.

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Lawyer Mark McDonald takes part in a press conference to announce 'new medical evidence' from an international panel of neonatologists in connection with the conviction of British nurse Lucy Letby
Lawyer Mark McDonald takes part in a press conference to announce 'new medical evidence' from an international panel of neonatologists in connection with the conviction of British nurse Lucy Letby. Picture: Alamy

Mr McDonald said: "It is astonishing that on the eve of the legal argument to stop the Thirlwall Inquiry, the police have decided to issue a press release discussing gross negligence manslaughter.

"We now have substantial and significant expert evidence which completely demolishes the prosecution case against Lucy Letby and points the finger in a very different direction to that which the police are currently looking.

"It is time they take a step back and ask themselves whether have they made a huge mistake."

In a statement, police said: "In October 2023 following the lengthy trial and subsequent conviction of Lucy Letby, Cheshire Constabulary launched an investigation into corporate manslaughter at the Countess of Chester Hospital.

"This focuses on senior leadership and their decision-making to determine whether any criminality has taken place concerning the response to the increased levels of fatalities.

Police body-camera video provided by Cheshire Constabulary, Lucy Letby is arrested
Police body-camera video provided by Cheshire Constabulary, Lucy Letby is arrested. Picture: Getty

"As our enquiries have continued, the scope of the investigation has now widened to also include gross negligence manslaughter."

The statement continued: "This is a separate offence to corporate manslaughter and focuses on the grossly negligent action or inaction of individuals.

"It is important to note that this does not impact on the convictions of Lucy Letby for multiple offences of murder and attempted murder.

"Those identified as suspects have been notified. We will not be confirming the number of people involved or their identity as no arrests or charges have yet been made.

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"Both the corporate manslaughter and gross negligence manslaughter elements of the investigation are continuing and there are no set timescales for these.

"Our investigation into the deaths and non-fatal collapses of babies at the neo-natal units of both the Countess of Chester Hospital and the Liverpool Women's Hospital between the period of 2012 to 2016 is also ongoing.

"Our priority is to maintain the integrity of our ongoing investigations and to support the many families who are at the heart of these."

Countess of Chester Hospital
Countess of Chester Hospital. Picture: Getty

Last month an international panel of neonatologists and paediatric specialists told reporters that bad medical care and natural causes were the reasons for the collapses and deaths.

Their evidence has been passed to the Criminal Cases Review Commission (CCRC), which investigates potential miscarriages of justice, and Letby's legal team hope her case will be referred back to the Court of Appeal.

A public inquiry into the events surrounding Letby's crimes will reconvene at Liverpool Town Hall on Monday March 17 for closing submissions, and the findings of chairwoman Lady Justice Thirlwall are expected this autumn.

A spokesperson at the Countess of Chester Hospital NHS Foundation Trust said: "Due to the Thirlwall Inquiry and the ongoing police investigations, it would not be appropriate to comment further at this time."

The force confirmed those identified as suspects have been notified.