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If you're a doctor called to see a baby who's not very well at birth, not moving, not breathing,
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and within a few minutes of resuscitation you hear this very annoyed cry.
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It's brilliant, and eventually they go home and when they return for a routine review,
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now being well developed, two big eyes, big smile, that's very, very satisfying.
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Most babies who receive care in a neonatal unit not only survive, but survive and become healthy adults.
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Nursing staff in neonatal units are crucial. You rely on your nurses completely.
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What Lucy Lethby did is beyond understanding. It's utterly, incredibly shocking.
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Is she evil?
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Yes, she's evil. And I have no idea why anyone thinks that she's anything but guilty.
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It's just a message of fear.
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It appears as if she's left in an illness.
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It's a message. It's a message.
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You know, when I first went to see her, on my first visit, she was very wary of me.
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She doesn't know who I am.
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Why is it you're here?
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She wanted to know.
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Why me? To which I said, because I believe you're innocent, and she started to cry.
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Our criminal justice system has failed, has fundamentally failed.
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She's not innocent.
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The evidence was compelling, overwhelming, consistent.
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I'm astonished with what her current barrister is doing.
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I think it's been absolutely disgraceful.
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Behind these children are parents that are suffering.
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And what they will want, I am sure, at the end of the day, is the truth.
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The truth is the truth.
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The box I hate.
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The box is normally shoved in a cupboard.
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The box just gives you a horrible feeling in your stomach.
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We cried, didn't we, when we heard the verdict,
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because it was the verdict that we wanted.
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So we thought that she would get punished for what she'd done
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and we were able to then move on.
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But obviously it's not really worked like that.
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It's hard because obviously it's on the news and the radio most days.
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Even now?
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Even now.
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Yeah.
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I'm Commandant Sheborn and Brad.
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I'm Camarlandshire born and bred.
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My parents had a dairy farm just five miles away from where I now live.
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If you look back to the 1970s, the care of premature babies was very, very limited.
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So I set about developing a newborn service more or less from scratch.
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So I've got over 30 years of hands-on experience looking after sick babies.
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I heard about concerns regarding deaths of babies in Chester by chance from a Sunday newspaper.
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By that time, I'd prepared dozens of reports for police authorities as an expert witness.
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And on this particular occasion, I was exchanging emails about a completely unrelated case.
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And I sort of added and said, by the way, I've heard about this case where there are concerns regarding babies dying.
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And just added, it sounds like my kind of case.
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When I first met Chester police, they didn't know, nor did I, that they were investigating a crime at that time.
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They were just looking at a number of deaths on a year in Italy.
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There was a need for somebody from my background to find out what had led to these babies dying.
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So I said, let's look at a window of two years, 2015 and 2016, get me the clinical notes.
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I wanted to see all of them.
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What I discovered was that there were events where a baby would suddenly collapse, with most failing to respond to resuscitation.
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So all of this was very, very peculiar because babies on neonatal units don't suddenly deteriorate and die.
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It just doesn't happen suddenly.
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I identified a time and a date where there's somebody hurting these babies.
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This is not some sort of accident.
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This is not incompetence.
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Something deliberate has happened here.
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Intentional harm.
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What I said to the police was that they should look at the shift systems
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and find out who's on duty for all of these collapses.
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And in looking at all of these cases, all of these events occurred when these babies were in the care
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of one particular nurse, quite often in the sole care of one particular nurse.
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Hello Lucy, is it?
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Yeah.
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Hello, it's mine from Chesterfield.
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So I did step in two seconds.
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Oh yes.
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Yeah, thank you.
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So you're probably in the back seat over here.
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At the beginning, we didn't know that much about her, but we knew, you know,
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she was this blonde-haired, blue-eyed, pretty nurse that was the face of the hospital's fundraising campaign.
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There was nothing unusual about her.
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She was kind of this typical girl next door, I suppose.
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Everyone was shocked.
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I really don't think people could quite believe that a nurse could be responsible for something so horrendous.
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Within the space of a year, unusually, 15 babies died on the neonatal unit.
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And doctors noticed a common factor, Lucy Letby.
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The nurse had been on shift for all of the unexplained collapses.
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They told me that there would be a lot more deaths and that I've been linked to somebody that's there for a lot of them.
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Did you have any concerns that there was a rise in the mortality rate?
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Yes.
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OK, so tell me about that. What concerns did you have?
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Lucy Letby was born in Hereford, grew up there, went to school there, had dreams of becoming a child nurse.
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She had been working at the hospital since graduating from the University of Chester.
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She would go on holiday with friends that she worked with, attended salsa dance classes.
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All these things sound very normal. They don't sound like someone who was able to carry out such heinous crimes.
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Searches of her home in Chester and her parents' house in Hereford uncovered patient records and handwritten notes
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in which she says, I am evil. I did this.
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I don't deserve to live. I killed them on purpose because I am not good enough. I am a horrible person.
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Dr Dowie Evans was the lead prosecution expert. It was his job to explain to the jury how these babies came to be murdered by Lucy Letby.
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She poisoned some with insulin, some she injected with excessive air, and others she simply physically assaulted.
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Her denials kept coming.
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I was in court as Lucy Letby gave evidence. She said all of this was a conspiracy against her, that she did nothing wrong.
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We can now report that Lucy Letby has been found guilty of the murder of seven babies.
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Do you feel as though justice has been served?
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Yes, I do. Yes, I do.
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Lucy Letby has now exhausted all her attempts to overturn these convictions.
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So she's now facing 15 life orders in prison.
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She will die in prison.
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You know, I grew up in a very rough council estate in Birmingham.
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I saw on a daily basis injustice.
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I started working on miscarriage justice cases actually when I was at university.
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And I wanted to help those who have been wrongly convicted of crimes.
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I wasn't always a criminal defence barrister. I spent 14 years in the National Health Service working as an operating theatre assistant.
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So my whole background has been NHS and an understanding of the difficulties of working under pressure with lack of resources.
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I have a client that says, I have a client that says that they're innocent.
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I have a conviction for murder.
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If they are innocent, then something went wrong.
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During the trial, the tsunami of media attention on her, of guilt, it all came from a specific perspective.
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And that perspective was all very one sided.
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I need to turn that around.
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I need to change the narrative.
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Hi there.
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Hi.
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How's it doing, Miss?
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We'll now let these planning a fresh appeal.
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I'm joined by Mark McDonald, her new barrister.
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Mark, thank you so much for joining us.
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Look, she was convicted in two separate trials in the last year, wasn't she?
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Is there really a strong case here that she's innocent?
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Absolutely, there is.
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I'm right at the start of this process.
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There are thousands of pages I need to read and get my head around.
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This is the Lucy Letby story.
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And certainly, this story really doesn't seem to be going away, Owen, does it?
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No, it really doesn't.
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It just seems to me that if you write down, I did it, I'm an evil person, that you're pretty much,
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I mean, Lucy Letby is sort of pretty much buying the rights here.
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Can I ask you finally, Mark McDonald, this is the first time some of these families are speaking publicly.
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And this article starts with them saying, we want to say, shame on you all.
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That's the message from those who are calling for the release of Lucy Letby.
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Lucy was convicted of seven counts of murder and seven counts of attempted murder.
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It's always a pattern in these cases and that pattern is that nurse is on duty.
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Then you have a number of unexplained deaths.
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And then in hindsight, it's always because that nurse did something.
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It's happened a number of times.
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There are four nurses currently in prison serving life for this type of event.
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Being armed and having the knowledge that I have of the nurse cases,
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from the moment she was arrested, I knew how it was going to play out.
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I could have written the prosecution's speech.
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It was textbook.
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I start right back from the beginning.
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Right back as if Lucy had just been arrested and she knocked on my door and she said, help me.
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I'm going to try and focus on six areas.
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So we know that she's been convicted and just recently her appeals have failed in the Court of Appeal.
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So there's only one option.
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The Criminal Cases Review Commission.
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This is a body set up to see whether or not the matter should be sent back to the Court of Appeal based upon new evidence.
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So that's the body I've got to deal with.
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That's what I've got to do.
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I've got to make an application based upon anything I can discover from going through these six main points.
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That's really my main focus of attention.
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If you're going to the Criminal Cases Review Commission, public pressure around a conviction
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will play upon the mind of those people.
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It will.
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Inevitably so.
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Now, you don't overturn a conviction because there's an article in the Times about it.
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The only way to overturn this conviction is to not just question the evidence that was put before the jury,
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but demolish it.
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I've been involved in court cases for over 30 years.
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And where my report was supportive of the prosecution, I've not lost a case.
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So, on the whole, I think my track record is very satisfactory.
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People seem to have forgotten that the victims are the babies.
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The victims are the families.
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The only people that know is our close friends and family.
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We've never gone public at all.
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It's nice to be able to tell our story because so many people have an opinion,
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but they weren't actually there and they didn't deal with her.
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Our son was born in the Countess of Chester Hospital in 2015.
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He was full-time and healthy.
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He'd been healthy all the way through the pregnancy, up to that point.
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He was taken away somewhere.
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They just said, oh, it's okay.
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He just needs a little bit of help breathing.
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We were taken back to the room where I'd been in labour and we were just left there on our own,
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not really knowing what was going on.
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We were obviously worried when we were there a couple of hours, wasn't we?
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It seemed to last forever, didn't it?
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Then a nurse came in with the box.
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She came straight up to us.
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I didn't really see her.
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I just saw the box and I burst into tears.
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I remember saying to her something like, oh my God, is he dead?
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And she just laughed.
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She was laughing when she thought that we thought the worst had happened.
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And she said, no, we just give these boxes out to all the parents of babies who've been really poorly.
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When she offered to take us to go and see him, Dr Breary was there.
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And he just explained that he didn't know what was really the issue.
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Three times he'd been resuscitated.
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They couldn't explain why.
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I was very upset. I was frightened.
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I just felt confused and just didn't make any sense.
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Dr Breary told us that he felt that with his condition, our son would be better cared for
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if he was sent to Liverpool Women's Hospital.
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Personally, I think he would have stayed at Chester. I think he'd have died.
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That decision is what saved him, I think.
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Yeah, and we'll always be grateful to that doctor for that, won't we?
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Mm-hmm.
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So away from Chester, we picked up really quickly and then we were sent back home again.
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It was only when we saw her face in the newspaper later on that we both recognised her straight away.
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And the nurse that gave us the box was Lucy Latbey.
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A lot of people ask me whether I think she's guilty or not.
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And I said the honest answer is I don't know.
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I just don't think she had a fair trial.
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I'm Dr Phil Hammond. I was an NHS doctor for 35 years.
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And alongside that, throughout my career, I've worked as an investigative journalist for Private Eye.
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The first big story I covered was the Bristol Heart scandal, which at the time morphed into the
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largest public inquiry in British history.
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I wasn't paying a lot of attention to the trial of Lucy Latbey, but when the verdict came out,
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I initially wrote a column supporting it.
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And then my inbox filled up with emails from really eminent people,
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including some of the most senior people in these fields, saying,
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actually, no, I think you're wrong.
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And that really started to worry me, so that's when I stopped sleeping.
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I knew it was going to be tough and difficult, but there was no alternative other than to investigate.
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The bottom line for me is, does the evidence stack up?
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This is the trial of Lucy Latbey.
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Today we'll be bringing you everything that happened.
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In the end, the jury decided that Lucy Latbey was guilty.
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But I think all of us that were sat there in that courtroom
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understood why they'd come to that decision.
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It was multiple strands of evidence.
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The medical evidence was obviously important,
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but there was lots of different pieces of the jigsaw that came together.
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One of the most incriminating pieces of evidence was the green post-it note
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on which she'd written,
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I am evil. I did this.
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And I killed them on purpose.
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I think the police couldn't quite believe it, that they'd found something so significant
233
00:24:13,120 --> 00:24:14,560
when they'd raided her house.
234
00:24:16,320 --> 00:24:17,760
I think the confession notes matter.
235
00:24:17,760 --> 00:24:19,840
And I think they were highly convincing to the jury.
236
00:24:21,040 --> 00:24:25,520
What the jury didn't hear is that she was encouraged to write them by her counsellor.
237
00:24:26,240 --> 00:24:29,280
It's all the difficult emotions and feelings going to your mind.
238
00:24:29,280 --> 00:24:30,320
I want you to write them down.
239
00:24:32,080 --> 00:24:35,440
She also wrote slander, discrimination, why me?
240
00:24:36,160 --> 00:24:37,360
I haven't done anything wrong.
241
00:24:38,880 --> 00:24:40,400
It was a counselling exercise.
242
00:24:43,520 --> 00:24:47,360
The police uncovered 250 handover notes,
243
00:24:47,360 --> 00:24:49,600
most of which were in a bag under her bed.
244
00:24:51,200 --> 00:24:53,920
Those notes are supposed to go in the confidential waste bin.
245
00:24:53,920 --> 00:24:56,240
They aren't ever supposed to go home with staff.
246
00:24:57,600 --> 00:25:02,320
The prosecution said this was evidence that Lucy Letby was keeping trophies of her crimes.
247
00:25:04,240 --> 00:25:08,320
Loads of nurses have said to me that they commonly take handover notes home with them by mistake.
248
00:25:08,320 --> 00:25:11,760
They've got them there and it just happens because you're so busy at the end of the day.
249
00:25:12,960 --> 00:25:16,800
They discovered that she'd done hundreds and hundreds of Facebook searches,
250
00:25:16,800 --> 00:25:20,480
often for the parents of the babies that she murdered and harmed.
251
00:25:20,480 --> 00:25:26,000
Some of the searches took place at very odd times, late on Christmas Day.
252
00:25:27,680 --> 00:25:30,240
The nurse who I interviewed said, yeah, we do Facebook searches.
253
00:25:30,960 --> 00:25:32,000
We keep in touch with people.
254
00:25:33,440 --> 00:25:37,200
It's only seen as suspicious through the context of someone you think is a mass murderer.
255
00:25:37,760 --> 00:25:43,120
So after a trial lasting for over 10 months and more than 110 hours of painstaking deliberation,
256
00:25:44,640 --> 00:25:46,160
it was the sum total.
257
00:25:46,160 --> 00:25:52,240
You can't take one piece of evidence and say that proves she's innocent or guilty.
258
00:25:54,240 --> 00:25:56,080
It was almost entirely circumstantial.
259
00:25:56,880 --> 00:26:01,360
It was a very proficient and aggressive prosecution case.
260
00:26:02,480 --> 00:26:04,240
But when you actually said, where's the evidence?
261
00:26:05,280 --> 00:26:14,160
It just wasn't there.
262
00:26:14,160 --> 00:26:35,360
It's right, isn't it, not to say, as many people have said, that the health of many of these babies was very poor.
263
00:26:35,360 --> 00:26:42,000
Um, and that many, um, and that many, and that many, that, you see, that is, that is incorrect.
264
00:26:42,000 --> 00:26:42,960
That is incorrect.
265
00:26:42,960 --> 00:26:44,160
I've been involved in that.
266
00:26:44,160 --> 00:26:46,320
Well, well, they were in a high dependency unit, weren't they?
267
00:26:46,320 --> 00:26:49,280
At the time, none of these deaths were seen to be deliberate actions.
268
00:26:50,160 --> 00:26:55,760
There were a number of post-mortems on the babies that found that they had died of natural causes.
269
00:26:56,880 --> 00:27:00,160
And once the police got involved, they contact a senior coroner.
270
00:27:00,880 --> 00:27:03,840
She goes back and she says, there's nothing suspicious here.
271
00:27:05,200 --> 00:27:06,640
But they don't listen to that.
272
00:27:07,600 --> 00:27:09,760
And they carry on with the investigation.
273
00:27:09,760 --> 00:27:18,240
Then, fallen into their lap, appears Dr. Darry Evans.
274
00:27:18,240 --> 00:27:32,720
Dr. Darry Evans jumps in a car, drives up to the police station.
275
00:27:34,160 --> 00:27:40,720
They give him a set of notes of one of the patients to which Lucy Letby had been looking after.
276
00:27:40,720 --> 00:27:49,440
And he says, within 10 minutes, I knew that deliberate harm had been caused to this baby.
277
00:27:53,440 --> 00:27:57,440
There were other medical experts in this case for the prosecution.
278
00:27:57,440 --> 00:28:01,120
And there was a neonatologist called.
279
00:28:03,280 --> 00:28:09,600
She was only brought in to peer review what Darry Evans had said.
280
00:28:09,600 --> 00:28:14,080
He's the one that was there right at the beginning.
281
00:28:15,200 --> 00:28:17,360
That the whole thing rests upon him.
282
00:28:20,400 --> 00:28:26,160
If he is wrong, then like a pack of cards, the whole case falls apart.
283
00:28:26,160 --> 00:28:37,760
Since the trial, I can't find another neonatal expert who's prepared to back up his ideas.
284
00:28:38,560 --> 00:28:39,120
Find me one.
285
00:28:39,120 --> 00:28:42,240
I've said to Darry Evans, you must know people who prepare to back you up.
286
00:28:42,240 --> 00:28:44,080
He said, oh, I'm out of touch with everyone now.
287
00:28:44,720 --> 00:28:45,920
I can't find anyone.
288
00:28:45,920 --> 00:28:47,440
That's extraordinary to me.
289
00:28:47,440 --> 00:28:55,600
At the trial of Lucy Letby, the question was, did she do it?
290
00:28:56,160 --> 00:28:59,120
Now, the start of the public inquiry.
291
00:28:59,600 --> 00:29:03,760
Set up to answer different questions about what happened at this hospital.
292
00:29:04,400 --> 00:29:08,560
But with growing speculation about this case in recent weeks,
293
00:29:08,560 --> 00:29:11,040
with more questions about the verdicts,
294
00:29:11,040 --> 00:29:15,120
the chair of the inquiry began this morning by saying this.
295
00:29:15,120 --> 00:29:19,680
In the months since the Court of Appeal handed down its judgment,
296
00:29:20,560 --> 00:29:25,600
there has been a huge outpouring of comment from a variety of quarters
297
00:29:26,480 --> 00:29:28,400
on the validity of the convictions.
298
00:29:30,400 --> 00:29:35,920
So far as I'm aware, it has come entirely from people who were not at the trial.
299
00:29:35,920 --> 00:29:42,320
I think the inquiry is looking at all events leading up to the deaths of these babies.
300
00:29:42,320 --> 00:29:46,000
It's not looking at whether Lucy Letby is guilty or not.
301
00:29:46,000 --> 00:29:50,160
That's been agreed in a court, so there's no question about her guilt.
302
00:29:52,240 --> 00:30:00,800
What is astonishing is the noise from people who feel that they can make outrageous comments
303
00:30:00,800 --> 00:30:07,440
comments through scientific papers such as Private Eye.
304
00:30:10,240 --> 00:30:18,160
The most hysterical support for Lucy Letby has come from the great metropolitan elite,
305
00:30:18,160 --> 00:30:22,080
which people who have been told, or what I call them, God's most entitled.
306
00:30:23,040 --> 00:30:26,160
In Wales, you know, we've been told for the past 700 years,
307
00:30:28,160 --> 00:30:32,160
you know, that we're not good enough.
308
00:30:32,160 --> 00:30:50,320
Ever since the Lucy Letby case came up on my radar, I haven't really slept.
309
00:30:51,240 --> 00:30:53,080
I'm thinking about it every single night.
310
00:30:53,200 --> 00:30:55,440
I'm waking up in the middle of the night thinking, have we got this right?
311
00:30:55,540 --> 00:30:56,380
Are we going wrong?
312
00:30:56,380 --> 00:31:05,160
I think what worries me most about this is, you know, hundreds of babies die avoidably
313
00:31:05,160 --> 00:31:09,620
in the UK, in the NHS, every year because they don't get superb care.
314
00:31:12,060 --> 00:31:15,160
And Chester clearly had problems with staffing.
315
00:31:16,980 --> 00:31:21,440
In the middle of the deaths, one of the consultants wrote to the manager and said,
316
00:31:21,440 --> 00:31:25,560
we're seriously understaffed, we don't have enough incubators, the whole thing's fallen to pieces.
317
00:31:26,380 --> 00:31:28,860
And if you don't sort it out, babies are going to keep dying.
318
00:31:30,080 --> 00:31:31,720
There was clearly serious problems.
319
00:31:33,320 --> 00:31:38,500
So if there are plausible alternative explanations to this that aren't murder, such as suboptimal
320
00:31:38,500 --> 00:31:46,500
care, and Mark McDonnell can show that in a few cases, then all of the cases may fall.
321
00:31:56,380 --> 00:31:59,580
I think it would be good to do it face to face with him.
322
00:31:59,580 --> 00:32:02,580
I've now been approached by two neonatologists.
323
00:32:03,020 --> 00:32:09,440
Both of them seem to be incredibly experienced, and both of them are willing to help.
324
00:32:10,140 --> 00:32:14,540
They've got access to the medical records, and they are working on it.
325
00:32:14,540 --> 00:32:28,140
I've been working as a consultant in a tertiary neonatal unit for just over 25 years now.
326
00:32:28,140 --> 00:32:42,080
My role as a medical expert witness is to go through the evidence in detail, and to try to reveal the truth of what has happened to these babies.
327
00:32:42,080 --> 00:32:50,140
The first report that we looked at was on baby O.
328
00:32:54,040 --> 00:32:58,140
Today, in this episode, we're focusing on the 15th baby in the case,
329
00:32:58,680 --> 00:33:02,920
who the prosecution say Lucy let be murdered during her first shift back at work,
330
00:33:03,280 --> 00:33:06,720
after her holiday to Ibiza at the end of June 2016.
331
00:33:06,720 --> 00:33:10,820
Baby O was a baby that was one of three identical triplets,
332
00:33:10,820 --> 00:33:15,760
and when Lucy let be came on to shift, there were no concerns about baby O's health,
333
00:33:15,760 --> 00:33:20,560
but a few hours later, he collapsed and started to deteriorate.
334
00:33:20,560 --> 00:33:24,220
He then collapsed a second time, and then passed away.
335
00:33:28,080 --> 00:33:30,920
The doctors could find no medical explanation for this,
336
00:33:31,000 --> 00:33:34,080
other than Lucy let be was around at the time of his collapse.
337
00:33:34,080 --> 00:33:38,820
I saw pictures of the autopsy.
338
00:33:40,040 --> 00:33:43,280
There were incredible abnormalities in the liver.
339
00:33:45,020 --> 00:33:49,380
The pathology opinion was that the liver abnormalities were so severe
340
00:33:49,380 --> 00:33:53,300
that they looked like what you'd get in a road traffic accident.
341
00:33:53,300 --> 00:33:59,240
I had concluded that this baby had suffered from trauma to the liver,
342
00:33:59,240 --> 00:34:05,880
but as well as that, this baby was the victim of air injected into the bloodstream.
343
00:34:05,880 --> 00:34:19,920
You've both put together a joint report on baby O.
344
00:34:21,020 --> 00:34:22,580
And for the purpose of this discussion,
345
00:34:23,440 --> 00:34:27,620
baby O is the one said by the prosecution
346
00:34:27,620 --> 00:34:35,480
that Lucy let be somehow damaged the liver by some blunt trauma.
347
00:34:35,480 --> 00:34:39,400
Is there a reason for his collapse?
348
00:34:39,780 --> 00:34:49,560
I think the overall conclusion that we came to is that there are justifiable medical explanations
349
00:34:49,560 --> 00:35:01,380
which led to the collapse of baby O and the first signs of a change happened around about midnight.
350
00:35:01,380 --> 00:35:06,720
We can see in those charts changes in temperature, changes in heart rate
351
00:35:06,720 --> 00:35:13,840
and some gradual increase in abdominal distention that was noticed by the nursing staff.
352
00:35:14,120 --> 00:35:19,700
He had two medical reviews and neither picked up on the changes.
353
00:35:19,840 --> 00:35:21,040
This had happened overnight.
354
00:35:21,420 --> 00:35:23,660
I mean, is that surprising? Is that something that you would expect?
355
00:35:23,660 --> 00:35:25,600
I think that's not desirable.
356
00:35:26,380 --> 00:35:27,360
It should have been picked up.
357
00:35:27,400 --> 00:35:28,600
It should have been picked up.
358
00:35:28,600 --> 00:35:28,880
Yes.
359
00:35:29,000 --> 00:35:29,260
Yes.
360
00:35:29,460 --> 00:35:31,800
It was then at 2.40...
361
00:35:31,800 --> 00:35:34,120
I can see there was the emergency call.
362
00:35:34,560 --> 00:35:38,960
Why do you think this trial did not respond to the resuscitation?
363
00:35:40,260 --> 00:35:46,360
I was instantly struck by the use of these extreme high ventilator pressures.
364
00:35:46,540 --> 00:35:47,640
During the resuscitation?
365
00:35:47,880 --> 00:35:48,840
During the resuscitation.
366
00:35:49,380 --> 00:35:53,000
It meant that the lungs were pushing right down on the diaphragm
367
00:35:53,000 --> 00:35:56,420
At a late point in the resuscitation, one of the consultants who was there
368
00:35:56,420 --> 00:35:59,740
decided to put a needle into the abdomen to decompress it.
369
00:36:00,140 --> 00:36:04,600
Would that have been a cause of action you would have chosen to have done?
370
00:36:04,920 --> 00:36:05,940
Absolutely not.
371
00:36:06,380 --> 00:36:11,140
So the most likely consequence of that is that as you put the needle in,
372
00:36:11,740 --> 00:36:16,780
there would be some bleeding and you would cause damage to the liver.
373
00:36:16,780 --> 00:36:20,560
This cannula insertion into the liver have caused that amount of bleeding.
374
00:36:20,560 --> 00:36:24,800
Yes, we believe there is good evidence to suggest that it did so.
375
00:36:24,980 --> 00:36:27,120
Without a doubt, this is not a query.
376
00:36:27,420 --> 00:36:28,220
This is what happened.
377
00:36:28,300 --> 00:36:28,880
It is obvious.
378
00:36:32,160 --> 00:36:32,600
Okay.
379
00:36:33,180 --> 00:36:33,680
All right.
380
00:36:33,780 --> 00:36:34,980
Well, thank you for that.
381
00:36:35,120 --> 00:36:36,040
That's very helpful.
382
00:36:36,040 --> 00:36:44,020
I think it's now my turn to get this to the Criminal Cases Review Commissioners as soon as I can.
383
00:36:51,020 --> 00:36:58,020
I have never read a more detailed report than the report that they repaid.
384
00:36:58,020 --> 00:37:04,960
The two experts say that no crime was committed.
385
00:37:07,040 --> 00:37:12,880
If they are all right, then Lucy Letby did not harm his child.
386
00:37:12,880 --> 00:37:24,500
When Lucy Letby came in and gave me the box, I opened it.
387
00:37:29,740 --> 00:37:32,020
There's a wrist strap.
388
00:37:33,020 --> 00:37:35,160
There's a baby hat.
389
00:37:35,160 --> 00:37:36,160
There's a blanket.
390
00:37:36,160 --> 00:37:36,940
There's a blanket.
391
00:37:38,000 --> 00:37:44,100
And then we had the notepad, which she told me, oh, you can keep that as a diary.
392
00:37:49,300 --> 00:37:58,020
I think if something like the box would be given later on or after we'd seen him or after they'd explained something,
393
00:37:58,020 --> 00:38:08,700
it might have been different, but at that point in time, to come in and laugh, it's just not normal, is it?
394
00:38:10,200 --> 00:38:11,820
I just think he's done something.
395
00:38:12,300 --> 00:38:14,120
Obviously, there's no concrete evidence.
396
00:38:14,300 --> 00:38:21,860
We don't have a magic ball that we can go back and look at, but it's just too much.
397
00:38:22,340 --> 00:38:24,620
He was fine when he was smaller, wasn't he?
398
00:38:24,620 --> 00:38:25,460
Yeah, yeah, yeah.
399
00:38:25,460 --> 00:38:32,840
It wasn't until he was about five years old when we started having serious issues with him.
400
00:38:33,640 --> 00:38:37,620
He is delayed at school by about two years from where he should be.
401
00:38:37,780 --> 00:38:39,840
He still can't write very well.
402
00:38:40,580 --> 00:38:47,620
And he's had really bad seizures where they've not stopped for 15, 20 minutes.
403
00:38:51,500 --> 00:38:54,280
The first one was horrific, wasn't it?
404
00:38:54,280 --> 00:38:56,700
Mm-hmm. Yeah, just come out of nowhere, didn't it?
405
00:38:58,120 --> 00:39:01,300
Occasionally, he'll ask us, if he has a fit, will he die?
406
00:39:02,620 --> 00:39:04,860
And that, I find, the most scary thing.
407
00:39:05,640 --> 00:39:08,060
All weekend, he kept saying to me, I wish I was normal.
408
00:39:08,180 --> 00:39:09,080
I wish I was normal.
409
00:39:09,080 --> 00:39:15,900
And it's so sad, because I keep trying to say to him, well, you are normal for you.
410
00:39:16,200 --> 00:39:17,680
Like, we love you how you are.
411
00:39:18,380 --> 00:39:20,500
But he just wants to be like everyone else.
412
00:39:22,180 --> 00:39:26,960
The day that she was given a sentence, obviously, it was all over the news.
413
00:39:27,500 --> 00:39:28,640
He'd seen it on the telly.
414
00:39:28,640 --> 00:39:32,040
And he saw our reactions.
415
00:39:32,540 --> 00:39:32,780
Yeah.
416
00:39:33,360 --> 00:39:36,780
And obviously he wanted to know why Mummy and Daddy were upset.
417
00:39:37,880 --> 00:39:38,840
He was always crying, wasn't he?
418
00:39:39,000 --> 00:39:39,340
Mm.
419
00:39:40,020 --> 00:39:43,400
And he was asking, he was saying, is that who I think it is?
420
00:39:43,480 --> 00:39:45,320
He said, that's the nurse, isn't it?
421
00:39:45,320 --> 00:39:48,380
That's the naughty nurse that tried to kill me.
422
00:39:51,680 --> 00:39:52,620
She's not guilty.
423
00:39:53,260 --> 00:39:53,940
You're sure of that?
424
00:39:54,060 --> 00:39:54,380
Yes.
425
00:39:55,440 --> 00:39:55,860
Yes.
426
00:39:56,140 --> 00:39:59,760
Listen, I'm working night and day on this case.
427
00:40:00,760 --> 00:40:05,500
If I thought for the moment that she was guilty, I wouldn't be doing this.
428
00:40:06,460 --> 00:40:14,080
My argument is, and I now have expert evidence from leading neonatologists.
429
00:40:14,080 --> 00:40:16,000
Well, let's have a look at it.
430
00:40:16,500 --> 00:40:18,200
If they've got the evidence, publish it.
431
00:40:20,280 --> 00:40:21,280
Send me a copy.
432
00:40:22,340 --> 00:40:23,300
Let's see where we go to.
433
00:40:24,720 --> 00:40:24,980
Yeah.
434
00:40:27,100 --> 00:40:27,960
He's a barrister.
435
00:40:29,900 --> 00:40:35,880
Well, it may be said by one expert, but I am other experts that have a completely contradictory view.
436
00:40:36,280 --> 00:40:43,280
None of that argument regarding miscarriage of justice applies in any of these cases.
437
00:40:43,280 --> 00:40:45,700
These were stable babies.
438
00:40:46,280 --> 00:40:52,760
They were vulnerable babies because of their prematurity, but their prospects of survival was excellent.
439
00:40:52,760 --> 00:41:03,140
Now, this is a kind of chart that was used in Chester to monitor a baby's well-being.
440
00:41:03,680 --> 00:41:07,760
This one is for illustrative purposes only to avoid any difficulties with confidentiality.
441
00:41:07,760 --> 00:41:12,760
It shows a heart rate, which is nice and normal.
442
00:41:12,760 --> 00:41:20,760
All of these are indications of a baby being well, but despite all of this, what happened here?
443
00:41:20,760 --> 00:41:23,760
Well, Lucy Letby arrived.
444
00:41:23,760 --> 00:41:29,760
The little baby was assaulted, and he died as a consequence.
445
00:41:29,760 --> 00:41:35,760
The babies that collapsed all had records similar to this.
446
00:41:35,760 --> 00:41:44,760
Letby appears, and suddenly one has a baby who is on death's door.
447
00:41:44,760 --> 00:42:02,760
When those believing in her guilt say, well, she was on duty for so many of these deaths,
448
00:42:02,760 --> 00:42:14,760
the answer is, of course she was, because if she hadn't been, she couldn't have had the finger pointed at her.
449
00:42:14,760 --> 00:42:15,760
My name is Peter Elston.
450
00:42:15,760 --> 00:42:23,760
I've spent most of my career in the financial industry applying statistics as an investment manager for 35 or so years.
451
00:42:23,760 --> 00:42:32,760
When it comes to these sorts of criminal cases, many of them can be appraised using statistics.
452
00:42:32,760 --> 00:42:38,760
There were a lot more than just the seven deaths that Letby was being charged with.
453
00:42:38,760 --> 00:42:40,760
There were 17 in total.
454
00:42:40,760 --> 00:42:42,760
So what was going on there?
455
00:42:42,760 --> 00:42:44,760
Was there another serial killer?
456
00:42:45,760 --> 00:42:49,760
When the verdicts were announced, I wrote about it on my blog saying that
457
00:42:49,760 --> 00:42:55,760
I think anybody can see from that roster chart with this uninterrupted line of X's.
458
00:42:56,760 --> 00:42:59,760
That would have been extremely convincing.
459
00:42:59,760 --> 00:43:04,760
But frankly, this was deeply, deeply flawed indeed,
460
00:43:04,760 --> 00:43:08,760
and I don't think any statistician would give it any credence whatsoever.
461
00:43:08,760 --> 00:43:13,760
The actual rota evidence that every time a baby died it was Lucy and only Lucy who was there,
462
00:43:13,760 --> 00:43:18,760
is just plain wrong, because you only included the babies who died while she was there.
463
00:43:21,760 --> 00:43:25,760
Statistics did not play a part in Letby's conviction.
464
00:43:25,760 --> 00:43:32,760
Whilst statisticians said, well, what about the babies who died who are not on the spreadsheet?
465
00:43:32,760 --> 00:43:38,760
And, of course, my answer was, well, their deaths were not suspicious.
466
00:43:38,760 --> 00:43:40,760
You know, or there was an explanation for the deaths.
467
00:43:40,760 --> 00:43:57,760
I suppose I found myself, after the trial, really at the centre of this network.
468
00:43:57,760 --> 00:43:59,760
Statisticians, doctors, scientists.
469
00:43:59,760 --> 00:44:06,760
Many of us are working quite closely with Mark McDonald, the lawyer.
470
00:44:06,760 --> 00:44:11,760
Before the retrial, it became apparent that that swipe data was actually incorrect.
471
00:44:11,760 --> 00:44:13,760
Have I been to see Lucy? No.
472
00:44:13,760 --> 00:44:16,760
I think she knows that I exist.
473
00:44:16,760 --> 00:44:21,760
I think she knows that there are a number of people who are working hard to get her out.
474
00:44:28,760 --> 00:44:35,760
So, one of the members of this growing network is a computer scientist who's actually based in the US.
475
00:44:35,760 --> 00:44:36,760
Hi there.
476
00:44:36,760 --> 00:44:39,760
Hi, Stephen. Good to see you.
477
00:44:39,760 --> 00:44:42,760
Hi, Peter. Good seeing you.
478
00:44:42,760 --> 00:44:50,760
Stephen's been doing some really detailed research by reading through the transcripts,
479
00:44:50,760 --> 00:44:54,760
looking into one particular case, the case of Baby C.
480
00:44:54,760 --> 00:44:57,760
Maybe we should just go through this, Baby C, guys, because this is, like,
481
00:44:57,760 --> 00:45:00,760
one of the most unbelievable things I've seen.
482
00:45:07,760 --> 00:45:12,760
Lucy Letby wasn't the designated nurse for Baby C, but she was on duty,
483
00:45:12,760 --> 00:45:16,760
and, in fact, she was around a lot of the time when he was sadly passing away.
484
00:45:18,760 --> 00:45:23,760
The prosecution alleged that she injected air into his tummy via his feeding tube,
485
00:45:23,760 --> 00:45:28,760
and this caused his tummy to inflate like a balloon and his diaphragm to splint,
486
00:45:28,760 --> 00:45:31,760
which eventually caused him to suffocate.
487
00:45:34,760 --> 00:45:41,760
Basically, what happened is they identified the attack that took place on Baby C
488
00:45:42,760 --> 00:45:44,760
as taking place on the 12th of June.
489
00:45:44,760 --> 00:45:49,760
All of the experts, like Dr. Evans, agreed that this attack took place on the 12th of June.
490
00:45:49,760 --> 00:45:55,760
They developed a theory, and that theory revolved around an x-ray taken on the 12th of June,
491
00:45:56,760 --> 00:46:01,760
and they said it had too much air, and the explanation was that it was an injection of air.
492
00:46:02,760 --> 00:46:08,760
During the trial, they realized Letby wasn't there, and they're now saying the attack happened on the 13th.
493
00:46:09,760 --> 00:46:12,760
Right. But they're still trying to take the evidence from the 12th.
494
00:46:12,760 --> 00:46:13,760
Right.
495
00:46:13,760 --> 00:46:19,760
But what is in evidence is sworn witness testimony saying she wasn't there.
496
00:46:19,760 --> 00:46:20,760
Yes.
497
00:46:21,760 --> 00:46:31,760
And at what point did the prosecution council realize that there was this mistake, do you think?
498
00:46:31,760 --> 00:46:39,760
So the prosecution circulated a draft of their opening speech to the media before they gave it.
499
00:46:40,760 --> 00:46:45,760
So in their draft, they said their radiologist identified this harm on the 12th.
500
00:46:46,760 --> 00:46:51,760
But when they talked to the juries, when they actually gave the speech in the transcript, there's no mention of the day.
501
00:46:51,760 --> 00:46:52,760
Yeah.
502
00:46:52,760 --> 00:47:00,760
So they kept what the radiologist said, and just removed the day, because the day was wrong.
503
00:47:01,760 --> 00:47:04,760
It's kind of, it's quite brazen, what they did there.
504
00:47:04,760 --> 00:47:10,760
Well, you've uncovered something quite remarkable here. What, what do you plan to do with all this?
505
00:47:11,760 --> 00:47:16,760
I've been working with a number of journalists. Hopefully it should make a splash.
506
00:47:17,760 --> 00:47:26,760
Using this method. But during the trial, it transpired that Lucy Letby wasn't working on the 12th of June, when the X-ray was taken.
507
00:47:26,760 --> 00:47:35,760
There's just been a really good Radio 4 documentary. It transpired that Lucy Letby wasn't on duty.
508
00:47:36,760 --> 00:47:43,760
And it's possibly one of the reasons that the lead prosecution expert, Dr Dowie Evans, appears to have changed his mind.
509
00:47:44,760 --> 00:47:52,760
And in my email exchange with him, he says he now believes that the babies were only destabilized by having air injected into the stomach and weren't killed.
510
00:47:52,760 --> 00:47:59,760
Now, to me, that's really serious, because that means the jury was misdirected. They were told this was the cause of death and it was something else.
511
00:48:00,760 --> 00:48:08,760
The thing I find extraordinary is that Dowie Evans is now saying he's only just finished the final report, well over a year after the trial ended.
512
00:48:09,760 --> 00:48:15,760
So that suggests he still hasn't quite got to grips with the case, and there may be significant doubt as to how BBC died.
513
00:48:15,760 --> 00:48:34,760
Dr Dowie Evans says he's drafted a new report. So out there is a new report from an expert who's changed his mind.
514
00:48:34,760 --> 00:48:44,760
On a murder case, I have never known anything like this to happen.
515
00:48:45,760 --> 00:48:51,760
They thought she was there. They made a mistake. She wasn't there.
516
00:48:51,760 --> 00:48:52,760
She wasn't there.
517
00:48:59,760 --> 00:49:00,760
Today is a bit of a game changer.
518
00:49:01,760 --> 00:49:04,760
Mark McDonald managed to get the best experts in the world.
519
00:49:04,760 --> 00:49:06,760
The report demolished the case against her.
520
00:49:07,760 --> 00:49:08,760
People were speechless.
521
00:49:09,760 --> 00:49:11,760
The families are devastated.
522
00:49:12,760 --> 00:49:14,760
I could not believe what I read. They're hopeless.
523
00:49:14,760 --> 00:49:15,760
They're hopeless.
524
00:49:21,760 --> 00:49:26,760
And support information can be found online at channel4.com slash support.
525
00:49:27,760 --> 00:49:30,760
And stay with Channel 4. That next part is coming up.
526
00:49:31,760 --> 00:49:35,760
Or you can stream both parts of Murder or Mistake on Channel 4 whenever you wish.
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