Here for anyone interested are Mark McDonald's 11 grounds for reviewing the case, back in February. (Apologies, I have 14 in an earlier post and now can't edit). We are aware of more since!
https://thirlwall.public-inquiry.uk/document/letter-from-bhandal-law-to-lady-justice-thirlwall-dated-17-march-2025/
i. Nineteen detailed reports prepared by sixteen experts from seven different countries who are leading clinical specialists in the fields of neonatology, paediatric pathology and paediatric surgery. These international experts have had access to all the medical records, prosecution expert reports, statements from nurses and clinicians on the Neonatal Unit (‘NNU’) between 2015 and 2016 at the Countess of Chester Hospital.
In addition, where relevant, they have also seen summaries of evidence presented to the jury.
In short, they have received and read all and more of the evidence put before the prosecution experts when they drafted their reports. Many of the experts have given testimony before their own domestic courts as expert witnesses and have a full understanding of what is required of
a witness in criminal proceedings.
The expert panel was headed by Professor Shoo Lee, the leading expert in neonatology in Canada, who has published over 400 papers. He has reviewed every new expert report.
This is by far the largest forensic expert neonatal review ever undertaken. The results of which say that there is no evidence of harmful acts committed by Lucy Letby and in fact highlight a litany of errors by the treating clinicians.
ii. Two reports from the United Kingdom’s leading statisticians refuting the premise of
the prosecution case of an unexplained spike in deaths and a coincidence of Letby
being present when babies are said to have died or collapsed. This has been done not
by relying on unproven anecdotal evidence but with the use of extensive research and
data analysis. The experts conclude that the jury were misled as to accurate status of
the data. In short, there was no unusual spike, it was not an outlier, and the staff rota
presented to the jury was incomplete, selective and, therefore, meaningless.
iii. Three reports on the issue of insulin rejecting the hypothesis that exogenous insulin was given to any baby by Lucy Letby. The reports are written by nine internationally
renowned experts in epidemiology, toxicology, biochemistry, biomechanics, statistics, neonatology and engineering. The authors include a Professor of Chemistry and Forensic Science, a Professor in Forensic Toxicology (retired), a Consultant in
Clinical Biochemistry & Chemical Endocrinology, an Associate Professor of the
Department of Statistical Science, a Consultant Paediatric Endocrinologist, an
Emeritus Professor of Paediatrics, and two highly experienced neonatologists, one
based in the UK the other in Canada (in addition to Dr Shoo Lee).
iv. The failure of the prosecution to disclose to the defence that the police had instructed
an expert, met with the expert, taken guidance and advice from the expert and then not proceeded on that advice. This arguably led to the jury being misled on the central thesis of the prosecution case, that there had been a spike in deaths on the NNU and staff rota showed Ms Letby being on duty of the time of each incident.
v. The failure of the prosecution to disclose a medical statement from a treating clinician
which could have had a bearing on the defence approach at trial. [third insulin case]
vi. Evidence from numerus interviews, podcasts and articles from Dr Dewi Evans since the trial, where he arguably undermines his independence as an expert witness.
vii. The failure to disclose a new report drafted by Dewi Evans twelve months after Ms Letby was convicted of murder. This report addresses the cause of death of one of the babies for which Ms Letby was convicted of murder. Not only is this fresh evidence but this again goes to the inconsistency and reliability of Dr Evans.
viii. The failure of the prosecution to adduce before the jury the report from the
Royal College of Paediatrics and Child Health (RCPCH) which, following a full review of the NNU, raised several issues concerning suboptimal care. Importantly,
having met with and interviewed several members of staff (including Lucy Letby),
they raised no concerns against any one member of staff. This report was consistent
with the internal review set up by the Trust. This again was not put before the jury.
This failure led the jury to not have the complete picture in relation to a unit which
seemed to be in crisis and poorly managed by inexperienced and overworked
clinicians.
ix. The failure of the prosecution to disclose to the defence the involvement of a senior
coroner’s officer into the investigation of Lucy Letby and the results of her
investigation.
x. The failure of the prosecution to disclose that the coroner investigating the death of
one baby (for which Ms Letby has been convicted of murder) did not see important
evidence of a hospital procedure which we say ultimately may have led to the child’s
death.
xi. The change of position by Dr Evans on a key element of the case against Ms Letby.
This, we say, not only may have misled the jury but also the Court of Appeal.