Expert denies he 'changed his mind' in Letby case

Cheshire Constabulary Lucy Letby with long blond hair looks impassively at the cameraCheshire Constabulary
Lucy Letby is serving 15 whole-life jail terms for murdering seven babies and trying to kill seven others at the Countess of Chester Hospital

An expert witness has described criticisms of his evidence by Lucy Letby's lawyers as "unsubstantiated, unfounded, inaccurate".

On Monday, the former neonatal nurse's legal team revealed they would ask the Court of Appeal to immediately review all of her convictions.

They alleged lead prosecution expert Dr Dewi Evans had altered his view about how three babies died at the Countess of Chester Hospital between 2015 and 2016.

In a statement, Dr Evans said he had neither received any formal notification of the announcement nor any correspondence from Letby's barrister Mark McDonald or his team.

Dr Evans added: "Mark McDonald's observations regarding my evidence is unsubstantiated, unfounded, inaccurate.

"His method of presenting his information reflects clear prejudice and bias.

"I find his style most unedifying, most unprofessional. It's highly disrespectful to the families of babies murdered and harmed by Lucy Letby."

Speaking later in an exclusive interview with BBC-produced Welsh-language news programme Newyddion S4C, Dr Evans said he was "surprised how little he changed his mind" while working on the case.

He also pointed out that it was natural for an expert witness to change their mind "as evidence changes and evolves".

Dr Evans said the only change in his evidence related to the date a child referred to as Baby C died but insisted it was a simple error by the prosecution.

He said Mr McDonald's claims were "remarkable, baseless, and incorrect".

Mr McDonald said earlier he had "nothing to add" in response to Dr Evans.

PA Media Dr Dewi Evans with grey hair wearing glasses a blue suit jacket, white shirt and blue, purple and pink flowery tie looking impassivelyPA Media
Dr Dewi Evans said criticisms of him by Lucy Letby's legal team were "unsubstantiated, unfounded, inaccurate"

Letby is serving 15 whole-life jail terms for murdering seven babies and attempting to murder seven others between June 2015 and June 2016.

The now 34-year-old, originally from Hereford, made two attempts to kill one of her victims.

Mr McDonald told a news conference in London on Monday that Dr Evans had altered his view about how babies had died at the unit.

He said: "Remarkably, Dr Evans has now changed his mind on the cause of death of three of the babies: Baby C, Baby I and Baby P.

The barrister added: "Dr Evans had said to the jury that Lucy Letby had injected air down a nasal gastric tube and this had led to the death of the three babies.

"This was repeated to the Court of Appeal, who may have been misled when they ruled on the application for leave against the convictions."

He said Dr Evans had "revised his opinion in relation to Baby C" and had written a new report which he had given to police months ago.

But, he said "despite numerous requests" the prosecution had "yet to give this report to the defence".

"The defence will argue that Dr Evans is not a reliable expert, and all the convictions are not safe," Mr McDonald said.

Letby was convicted in August 2023 of murdering seven babies and trying to kill six others.

Earlier this year she was found guilty of trying to murder a seventh infant.

She has twice been refused permission to appeal against her convictions.

The Crown Prosecution Service (CPS) said the Court of Appeal had previously rejected Letby's argument that expert witness evidence presented by the prosecution had been "flawed".

Dr Evans said: "The only place appropriate to deal with any potential appeal is the relevant court.

"If required I would be pleased to give evidence in the usual way; on oath, subject to cross examination, and where my evidence is placed in the public domain."

PA Media Lucy Letby's barrister Mark McDonald at the lectern speaking into a microphonePA Media
Mark McDonald said "despite numerous requests" the prosecution had "yet to give this [new] report to the defence"

Dr Evans highlighted notes in a report from the three Appeal Court judges.

"They were supportive of my evidence," he said. "They supported the verdict... unreservedly.

"I am not in receipt of any information that indicates that the Appeal Court judges were mistaken."

He added he was "mindful" of two ongoing events.

Firstly, the Thirlwall Inquiry, which is examining the circumstances surrounding Letby's crimes.

Hearings in Liverpool will resume in January, with the public inquiry's findings expected to be published in the autumn of 2025.

Secondly, Cheshire Police revealed earlier this month that detectives had interviewed Letby under caution in prison as part of its investigation into more baby deaths.

'New report'

Dr Evans said: "I believe we owe it to them also to complete their investigation without any distractions."

In response to Dr Evans's statement, Mr McDonald said: "Dr Evans has written a new report on Baby C, 12 months after Lucy Letby was convicted, please can this be disclosed to the defence?

"This issue of reliability of any prosecution medical expert is now a matter for the Court of Appeal and Criminal Cases Review Commissions but certainly the disclosure of this new report may help them in deciding this question."

In a statement, Cheshire Constabulary said its priority was "to maintain the integrity of our ongoing investigations and to support the many families who are at the heart of these".

The force continued: "There is a significant public interest in the reporting of these matters.

"However, every story that is published, statement made or comment posted online that refers to the specific details of a live investigation can impede the course of justice and cause further distress to the families concerned."

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