I think its possible to think someone deliberately harmed babies on that unit because the evidence for that is overwhelming. Patients in inpatient settings do tend to behave with a high degree of predictability, so clusters of unexpected deteriorations in otherwise stable patients would be very alarming in any setting. The Guardian article implies the RCPCH report in 2017 attributed the deaths to understaffing. It did not. It explicitly found the deaths could not be explained and each needed to be investigated individually. It also found the unit was understaffed, but it did not suggest this caused the children's deaths.
So we have a strong picture BEFORE anyone goes to the police that unexplained deaths are happening on the ward and independent experts agree.
The police, when investigating, are not told of the internal suspicions re Lucy Letby. They are told there are unexplained deaths and they need to investigate as no natural explanation has been found.
They identify Letby as a suspect, investigate and charge her.
There is a deliberate decision NOT to admit statistical evidence at trial re the conditional probability that Letby is the culprit based on the relative frequency she is on shift versus other members of staff. This is because evidence of this nature, when used in other cases, has lead to miscarriages of justice because it can be so easily distorted if we do not assess the underlying true frequency of an event. Sally Clark is the obvious example. Each of her children's deaths was treated as an independent event, thus leading to an assessment that the likelihood of all three events occurring within one household was many million to one against. In fact they had the same genetic cause, meaning once we had established the cause of death one, deaths two and three were much more rather than less likely to be natural. The RCS produced a huge report on admissability of statistical evidence at the time.
The relevance of the shift pattern data is thus that it proves Letby COULD have committed the offences, not that she was the ONLY person who could have done it (although that is possible) or that it is more likely to be her than anyone else. To have any chance of proving its case the prosecution had to place Letby at the scene.
They then have to prove the deaths are not natural and make a case as to what caused them. The defence did not adduce alternative evidence on this at trial. In fact Letby agreed in oral evidence that the children killed with insulin poisoning must have died as a result of insulin poisoning albeit not by her.
Finally they have to prove Letby committed the killings. There the evidence is hazy and circumstantial, based on parents and colleagues recollections of her behaviour at the time, as well as things like the handover sheets, diary entries and facebook searches.
The recollections of witnesses I think are good evidence but inconsistent in demonstrating Letby's guilt - we have witnesses saying she was not responding to desaturation fast enough, or her demeanour seemed odd. But these things are easily distorted by hindsight. Of course this would all be trivial if anyone had caught her in the act of injecting insulin into a feeding line so its the best evidence we can gain as to her behaviour and the jury are entitled to assess it and the defence can present an alternative innocent explanation for it, which they did fairly well.
The documents used to suggest her guilt I have misgivings about. They are given to the jury on the basis the jury as ordinary members of the public can assess how likely it is or is not that an innocent person would write that diary entry or search for patients online. But that's actually really hard to know. The fact taking handover sheets home is bad practice won't make it uncommon. The fact her diary contains statements indicating distress or confusion doesn't seem to me conclusive either way. I am a HCP, in another field entirely. I am afraid some of my colleagues do facebook stalk patients. It isn't technically unlawful, or even prohibited in codes of practice for our professions. In supervision or team meetings where it has come up I strongly discourage it as inappropriate. I don't know what to conclude about the fact Letby searched for bereaved parents online but it does not suggest guilt or innocence to me.
I don't think any of us can know what we would have decided on that jury. But the fact remains, babies born between 28-32 weeks in special care are usually stable and just waiting for their lungs to reach sufficient maturity for them to go home. I have not seen any expert offer an explanation for why 13 of them died in a year at CoC and the Guardian does not offer any explanation for this either.