One example of problems with the court of appeal document:
39
'Save that the description of skin discolouration did not feature in Dr Jayaram’s clinical notes, we observe in passing that there appears to have been little evidential basis for the allegation implicitly made on behalf of the applicant, that Dr Jayaram had made up this part of his evidence. We also note that no similar allegation appears to have been
made against the father of Baby O who, as set at para 93 above, described his child’s
veins as being “bright, bright blue”.
This is bizarre and inappropriate. I'll try to keep it short
Dr Jayaram claimed that he had seen mysterious rashes, matching Shoo Lee's description for arterial air embolism, on two children, but that he had never mentioned them in his medical notes. One of the children in the case had a coroner's inquest, where Dr Jayaram was asked if he had anything at all to add that might assist. Again, no mention. Yet in the course of his police interviews, it emerged as a vivid, precise memory years after the event.
The defence very reasonably questioned this. They didn't yet have the email that undermined Dr Jayaram's credibility still further on another eyewitness account. That came out later.
For another child, Baby I, the father had noticed a rash like prickly heat and swollen veins apparently changing colour. The CoA here seems to suggest it's odd that the defence, if they doubted Dr Jayaram re Baby A and Baby M, should have accused this man of misremembering his child's death too.
But why should they? It's a different child. His rash was described in his medical notes and was never described like Dr Jayaram's description of child A or M. This is clear if you can read at all. And in fact the father's description is pretty credible, because it describes the effect of excessive ventilatory pressures which all post trial reviews have raised as a problem with his treatment. There would never have been any reason to accuse the father of having this wrong - it has nothing to do with air embolism, and certainly nothing to do with doctor Jayaram.
I find it plain embarrassing. It's a terrible example of "confidently wrong". No logic, no rigour - just blind assertion.