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The police force that conducted the investigation into Lucy Letby has made a strongly worded public statement rejecting criticism after David Davis called in parliament for a review of the case.
The Conservative former cabinet minister, who last year said Letby had suffered “a clear miscarriage of justice”, said Cheshire constabulary had approached the investigation into deaths of babies at the Countess of Chester hospital with too much focus on suspecting Letby, and made “egregious failures” in not following guidelines and best practice, including in the appointment of expert witnesses.
Davis argued that the Cheshire force had failed to heed lessons from its investigation of Sally Clark, a mother who in 1999 was wrongly convicted of killing her two sons, based on flawed medical statistical evidence.
He said he would be calling on the director of public prosecutions to “review the behaviour” of both the Crown Prosecution Service (CPS) and Cheshire constabulary.
In its response, Cheshire constabulary portrayed the growing concerns raised about the evidence that convicted Letby as a group of people “spreading misinformation, making baseless claims and attempting to destroy reputations” and said it rejected all of Davis’s criticisms.
“Cheshire constabulary strongly refutes all the points made during the adjournment debate,” the force said. “It implied impropriety on the part of Cheshire constabulary where none whatsoever has been established. We remain confident in the integrity of the investigation, the conduct of the prosecution, and the decisions reached by the courts.”
Letby was convicted of murdering seven babies and attempting to murder seven more in 2015 and 2016, when she worked as a nurse in the neonatal unit of the Chester hospital. She was sentenced to 15 whole-life orders, and the court of appeal refused her permission to appeal.
Since the convictions, dozens of leading UK and international medical and scientific experts have argued that the babies died or collapsed as a result of natural causes and poor care on the unit, and that Letby was wrongly convicted.
The renowned Canadian neonatologist Dr Shoo Lee has consistently said his research was misinterpreted by prosecution medical expert witnesses. Lee assembled a panel of 14 leading experts to examine the medical evidence and they concluded last year there was no evidence of murders nor any other deliberate harm.
Letby’s lawyer, Mark McDonald, has applied to the Criminal Cases Review Commission (CCRC), which examines possible miscarriages of justice, to have her case sent back to the court of appeal, supported by reports from 27 experts. The CCRC is reviewing the application.
In its response to Davis’s speech, Cheshire constabulary said: “Over the past two years, the force has come under constant criticism and has been intensely scrutinised and subject to unpleasant opinion from a core group of individuals who appear to pride themselves on spreading misinformation, making baseless claims and attempting to destroy reputations.
“While scrutiny of policing is legitimate and welcome, it is essential that such scrutiny is grounded in fact and does not inadvertently cut across due process, ongoing legal considerations, or the independence of the judiciary.
“The constant noise surrounding this case, inaccurate or partial information being presented as fact and attempts to hijack the perceived narrative risk undermining public confidence not only in this case, but in the wider criminal justice system.
“Public confidence is best served by evidence-based discussion and responsible commentary – not ill-informed personal opinions and inaccurate details. We are committed to victim-focused justice, public confidence and the rule of law.
“Our thoughts remain with the families of the babies, who have always been at the heart of this case.”
Replying to the police statement on Friday afternoon, Davis said: “I am unsurprised by the response from Cheshire police; this is entirely consistent with their behaviour throughout.”
He repeated a call made in his speech, saying “if Cheshire police believe they behaved entirely appropriately” they should provide investigation documents to Letby’s lawyers, including senior officer policy and decision books, records of identified lines of inquiry and potential suspects, and notes of meetings with expert witnesses and the National Crime Agency.
After the convictions, Cheshire constabulary continued with a further extensive investigation into all of Letby’s work as a nurse before 2015, culminating in the force sending a file to the CPS alleging that she murdered and attempted to murder two children who had died, and attempted to murder seven more who had survived. The CPS announced in January that “the evidential test was not met in any of those cases” and no further charges would be brought.
