LONDON (AP) — A lawyer for convicted British killer nurse Lucy Letby said Monday that he plans to ask an appeals court to re-examine her convictions after the prosecution's leading expert changed his opinion on how three babies died.
Dr. Dewi Evans's testimony is no longer credible after he reversed his opinion that Letby killed three infants by injecting air down a nasal gastric tube, attorney Mark McDonald said.
“The defense will argue that Dr. Evans is not a reliable expert, and given that he was the lead expert for the prosecution, we say that all the convictions are not safe,” McDonald said.
Letby, 34, is serving multiple life sentences with no chance of release after being convicted of murdering seven babies and trying to murder seven others while working as a neonatal nurse at the Countess of Chester Hospital in northwestern England between June 2015 and June 2016.
The Crown Prosecution Service defended the verdicts.
“Two juries and three appeal court judges have reviewed a multitude of different strands of evidence against Lucy Letby,” a CPS spokesperson said in a statement. “In May, the Court of Appeal dismissed Letby’s leave to appeal on all grounds — rejecting her argument that expert prosecution evidence was flawed.”
Prosecutors said at trial that Letby's methods left little trace and included injecting air into their bloodstreams, poisoning them with insulin and interfering with breathing tubes. Prosecutors said she was a “constant malevolent presence" and was alone on duty in the neonatal unit when the children collapsed or died.
Letby, who testified at two trials that she never harmed a child, has stood by her claims of innocence.
Experts said it is unusual to ask the Court of Appeal to reopen its previous decision to reject a case and would require convincing evidence to succeed.
“It is vanishingly rare for a lead expert witness in a criminal case to ‘change his mind’ on key evidence," said defense lawyer Sean Caulfield, who is not involved in the case. “It is also rare for there to be a bid to reopen an appeal after it has already been refused by the Court of Appeal. I have never seen these two things happen in unison during my 20-year plus career. It is quite an astonishing turn of events."
McDonald said 15 medical experts around the world are reviewing trial evidence.
An inquiry currently underway to examine failures by the hospital to recognize why babies were dying and why they took so long to stop Letby opened in September against a backdrop of experts and others who have questioned evidence used against Letby.
A group of scientists, doctors and legal experts that independently reviewed scientific evidence from Letby’s trial warned Britain’s ministers of health and justice that legal systems were “particularly vulnerable to errors” when dealing with technical matters, “especially in cases involving statistical anomalies in health care settings.”
Evans gave his new opinions on the death of infants identified in court as Baby C, Baby I and Baby P in a signed response to a Channel 5 documentary, McDonald said.
“Don’t get me wrong, I’m sure Dr. Evans is still going to say that Lucy Letby is guilty and he has a different view or different hypothesis in relation to it," McDonald said. “But the cause of death that was before the Court of Appeal is different now, according to Dr. Evans, and I think that is a profound issue that needs to be relooked at.”
Evans has not yet responded to a request for comment following McDonald's news conference.
Additionally, two neonatologists working with the defense said there were medical reasons Baby C and Baby O became ill and could not be resuscitated, McDonald said.
FILE - This undated handout issued by Cheshire Constabulary shows nurse Lucy Letby. (Cheshire Constabulary via AP, File)
MAMOUDZOU, Mayotte (AP) — France used ships and military aircraft to rush rescuers and supplies to Mayotte on Monday after the tiny French island territory off Africa was battered by its worst cyclone in nearly a century. Authorities fear hundreds and possibly thousands of people have died.
Survivors wandered through streets littered with debris, searching for water and shelter after Saturday's Cyclone Chido leveled entire neighborhoods when it hit Mayotte, the poorest territory of France and, by extension, the European Union.
“Chaos” is how resident Fahar Abdoulhamidi described the aftermath. In Mamoudzou, the capital, destruction was total: Schools, hospitals, restaurants and offices were in ruins.
“Mayotte is totally devastated,” French Interior Minister Bruno Retailleau said.
Hillside villages were reduced to snapped trees and piles of corrugated metal by winds in excess of 220 kph (136 mph), according to the French weather service.
Electricity was down across the archipelago, with only the capital spared. Telecommunications were severely disrupted, with most antennas knocked out of service. Authorities were concerned about a shortage of drinking water.
The French Red Cross described the devastation as “unimaginable” and said it was impossible to give an exact number of victims, with rescuers still searching for bodies. The damage, including to Mayotte’s sole airport, has left some areas inaccessible to emergency teams.
Many people ignored the cyclone warnings in the 24 hours before the storm hit, underestimating its power.
“Nobody believed it would be that big,” Abdoulhamidi told The Associated Press by phone. “Those who live in bangas stayed in despite the cyclone, fearing their homes would be looted,” he said, referring to the island’s informal settlements.
Even worse, many migrants avoided shelters out of fear of deportation, Abdoulhamidi said.
Mayotte is a densely populated archipelago between Madagascar and the African continent of more than 320,000 people, according to the French government. Most are Muslim. And French authorities have estimated another 100,000 migrants from as far away as Somalia.
The official death toll was 20, according to television station Mayotte la 1ere, but French Health Minister Geneviève Darrieussecq has warned that any estimates were likely major undercounts “compared to the scale of the disaster.”
“There’s no water, no electricity. Hunger is starting to rise. It’s urgent that aid arrives, especially when you see children, babies, to whom we have nothing concrete to offer,” Mayotte Sen. Salama Ramia told BFM-TV.
Chido was a category 4 cyclone, the second strongest on the scale, and the worst to hit Mayotte since the 1930s, Prefect François-Xavier Bieuville, the top French government official in the island group, told Mayotte la 1ere.
Bieuville on Sunday asserted that the death toll was several hundred people and could even be in the thousands. But he added it would be extremely hard to count the deaths and many might never be recorded, in part because of the Muslim tradition of burying people within 24 hours.
Rescue teams and supplies have been sent from France and Reunion. Daily airlifts are delivering 20 tons of water and food to address urgent needs, Retailleau said.
Mayotte’s airport remained closed to civilian flights after its control tower was heavily damaged and was not expected to reopen until at least Thursday, authorities said. French authorities said more than 800 more personnel were expected to arrive in the coming days.
Mayotte’s main hospital suffered extensive water damage to the surgery, intensive care, emergency and maternity departments, according to Darrieussecq, the health minister. Retailleau said a field hospital will arrive on Thursday.
And the French Interior Ministry said 1,600 police and gendarmerie officers were deployed soon after the cyclone to “help the population and prevent potential looting.”
Mayotte’s people have previously said their archipelago suffers from underinvestment and neglect by the French government. Around three-quarters of the population lives in poverty, with a median annual disposable income roughly one-eighth that of the Paris metropolitan area, according to the French statistics agency INSEE.
The territory has also faced political unrest and rising support for the far-right National Rally party, reflecting deep dissatisfaction with the political status quo. Last year, the French army moved to quell protests after a drought and mismanagement led to water shortages.
After pummeling Mayotte, Cyclone Chido continued west and made landfall Sunday in Mozambique, where it killed three people, injured 34 and destroyed classrooms in four schools. In neighboring Malawi, Chido killed two people.
December through to March is cyclone season in the southwestern Indian Ocean, and southern Africa has been hammered in recent years. Cyclone Idai in 2019 killed more than 1,300 people, mostly in Mozambique, Malawi and Zimbabwe. Cyclone Freddy left more than 1,000 dead across several countries in the Indian Ocean and southern Africa last year.
The European Parliament observed a minute of silence Monday for Chido's victims, with the chamber's President Roberta Metsola saying “Mayotte is Europe, and Europe will not abandon you."
Adamson reported from Paris. Imray reported from Cape Town, South Africa. Associated Press writers Tom Nouvian in Paris and Monika Pronczuk in Dakar, Senegal, contributed to this report.
This photo provided on Monday Dec. 16, 2024 by the Civil Security shows part of the French territory of Mayotte in the Indian Ocean, after the island was battered by its worst cyclone in nearly a century. (UIISC7/Securite Civile via AP)
This photo provided on Monday Dec. 16, 2024 by the Civil Security shows residents and rescue workers walking in a damaged street in French territory of Mayotte in the Indian Ocean, after the island was battered by its worst cyclone in nearly a century. (UIISC7/Securite Civile via AP)
This photo provided on Monday Dec. 16, 2024 by the Civil Security shows part of the French territory of Mayotte in the Indian Ocean, after the island was battered by its worst cyclone in nearly a century. (UIISC7/Securite Civile via AP)
A man walk in a damaged street in Mamoudzou, in the French Indian Ocean territory of Mayotte, Monday, Dec.16, 2024 and France uses ships and military aircraft to rush rescue workers and supplies after the island group was battered by its worst cyclone in nearly a century. (AP Photo/Rainat Aliloiffa)
A fallen tree lies in Mamoudzou, in the French Indian Ocean territory of Mayotte, Monday, Dec.16, 2024 as France uses ships and military aircraft to rush rescue workers and supplies after the island group was battered by its worst cyclone in nearly a century. (AP Photo/Rainat Aliloiffa)
People walk by damaged constructions in Mamoudzou, in the French Indian Ocean territory of Mayotte, Monday, Dec.16, 2024 as France uses ships and military aircraft to rush rescue workers and supplies after the island group was battered by its worst cyclone in nearly a century. (AP Photo/Rainat Aliloiffa)
Debris are seen in a street of Mamoudzou, in the French Indian Ocean territory of Mayotte, Monday, Dec.16, 2024 and France uses ships and military aircraft to rush rescue workers and supplies after the island group was battered by its worst cyclone in nearly a century. (AP Photo/Rainat Aliloiffa)
This photo provided on Monday Dec.16, 2024 by the Gendarmerie Nationale, shows a member of the Gendarmerie Nationale watching an armored vehicle clearing a road Sunday, Dec. 15, 2024 in Mayotte as France rushed rescue teams and supplies to its largely poor overseas department in the Indian Ocean that has suffered widespread destruction. (Gendarmerie Nationale via AP)
This photo provided on Monday Dec.16, 2024 by the Gendarmerie Nationale, shows a member of the Gendarmerie Nationale watching debris Sunday, Dec. 15, 2024 in Mayotte as France rushed rescue teams and supplies to its largely poor overseas department in the Indian Ocean that has suffered widespread destruction. (Gendarmerie Nationale via AP)
This photo provided on Monday Dec.16, 2024 by the Gendarmerie Nationale, shows fallen trees along a road Sunday, Dec. 15, 2024 in Mayotte as France rushed rescue teams and supplies to its largely poor overseas department in the Indian Ocean that has suffered widespread destruction. (Gendarmerie Nationale via AP)
This photo provided on Monday Dec.16, 2024 by the Gendarmerie Nationale, shows an armored vehicle of the Gendarmerie Nationale clearing a road Sunday, Dec. 15, 2024 in Mayotte as France rushed rescue teams and supplies to its largely poor overseas department in the Indian Ocean that has suffered widespread destruction. (Gendarmerie Nationale via AP)
This photo provided on Monday Dec.16, 2024 by the Gendarmerie Nationale, shows members of the Gendarmerie Nationale sawing a tree that fell on a road Sunday, Dec. 15, 2024 in Mayotte as France rushed rescue teams and supplies to its largely poor overseas department in the Indian Ocean that has suffered widespread destruction. (Gendarmerie Nationale via AP)
This photo provided Monday, Dec.16, 2024 by the Gendarmerie Nationale shows French Gendarmes clearing a road, Sunday, Dec. 15, 2024 in Mayotte as France rushed rescue teams and supplies to its largely poor overseas department in the Indian Ocean that has suffered widespread destruction. (Gendarmerie Nationale via AP)
This photo provided Monday, Dec.16, 2024 by the Gendarmerie Nationale shows vehicles of the Gendarmerie Nationale driving on a road Sunday, Dec. 15, 2024 in Mayotte as France rushed rescue teams and supplies to its largely poor overseas department in the Indian Ocean that has suffered widespread destruction. (Gendarmerie Nationale via AP)
This photo provided Monday, Dec.16, 2024 by the Gendarmerie Nationale shows a vehicle of the Gendarmerie Nationale on a road Sunday, Dec. 15, 2024 in Mayotte as France rushed rescue teams and supplies to its largely poor overseas department in the Indian Ocean that has suffered widespread destruction. (Gendarmerie Nationale via AP)
This photo provided Monday, Dec.16, 2024 by the Gendarmerie Nationale shows a vehicle of the Gendarmerie Nationale clearing a road Sunday, Dec. 15, 2024 in Mayotte as France rushed rescue teams and supplies to its largely poor overseas department in the Indian Ocean that has suffered widespread destruction. (Gendarmerie Nationale via AP)
This photo provided Monday, Dec.16, 2024 by the Gendarmerie Nationale shows Gendarmes clearing a road, Sunday, Dec. 15, 2024 in Mayotte as France rushed rescue teams and supplies to its largely poor overseas department in the Indian Ocean that has suffered widespread destruction. (Gendarmerie Nationale via AP)
This photo provided on Monday Dec.16, 2024 by the Gendarmerie Nationale, shows an armored vehicle clearing a road Sunday, Dec. 15, 2024 in Mayotte as France rushed rescue teams and supplies to its largely poor overseas department in the Indian Ocean that has suffered widespread destruction. (Gendarmerie Nationale via AP)
This photo provided on Monday Dec.16, 2024 by the Gendarmerie Nationale, shows a French Gendarme walking in among debris Sunday, Dec. 15, 2024 in Mayotte as France rushed rescue teams and supplies to its largely poor overseas department in the Indian Ocean that has suffered widespread destruction. (Gendarmerie Nationale via AP)
This photo provided Sunday Dec.15, 2024 by the French Army shows soldiers patrolling in a military truck in the French territory of Mayotte in the Indian Ocean, after Cyclone Chido caused extensive damage with reports of several fatalities. (Etat Major des Armées via AP)
This photo provided Sunday Dec.15, 2024 by the French Army shows a soldier looking at damages in the French territory of Mayotte in the Indian Ocean, after Cyclone Chido caused extensive damage with reports of several fatalities. (Etat Major des Armées via AP)
This photo provided Sunday Dec.15, 2024 by the French Army shows palm tress during strong winds in the French territory of Mayotte in the Indian Ocean, after Cyclone Chido caused extensive damage with reports of several fatalities, Saturday Dec.14, 2024. (Etat Major des Armées via AP)
This undated photo provided by NGO Medecins du Monde on Sunday, Dec. 15, 2024, shows a devastated hill on the French territory of Mayotte in the Indian Ocean, after Cyclone Chido caused extensive damage with reports of several fatalities. (Medecins du Monde via AP)
This photo provided Sunday Dec.15, 2024 by the French Army shows soldiers patrolling in the French territory of Mayotte in the Indian Ocean, after Cyclone Chido caused extensive damage with reports of several fatalities. (Etat Major des Armées via AP)
This photo provided Sunday Dec.15, 2024 by the French Army shows soldiers removing fallen trees in the French territory of Mayotte in the Indian Ocean, after Cyclone Chido caused extensive damage with reports of several fatalities. (Etat Major des Armées via AP)
This photo provided Sunday Dec.15, 2024 by the French Army shows soldiers at work to restore a building in the French territory of Mayotte in the Indian Ocean, after Cyclone Chido caused extensive damage with reports of several fatalities, Saturday Dec.14, 2024. (Etat Major des Armées via AP)
This image taken from video released by the Gendarmerie Nationale, shows massive damage from Cyclone Chido in the French territory of Mayotte, Sunday, Dec. 15, 2024. (Gendarmerie Nationale via AP)
This image taken from video released by the Gendarmerie Nationale, shows massive damage from Cyclone Chido in the French territory of Mayotte, Sunday, Dec. 15, 2024. (Gendarmerie Nationale via AP)
This photo provided Sunday Dec.15, 2024 by the French Army shows soldiers loading relief for the island of Mayotte, in the Indian Ocean, after Cyclone Chido caused extensive damage with reports of several fatalities, Saturday Dec.14, 2024 in Orleans, central France. (Laure-Anne Maucorps/ Etat Major des Armées via AP)
This photo provided Sunday Dec.15, 2024 by the Civil Security shows soldiers and rescue workers clearing a street in the French territory of Mayotte in the Indian Ocean, after Cyclone Chido caused extensive damage with reports of several fatalities, Saturday Dec.14, 2024. (UIISC7/Securite civile via AP)
This photo provided Sunday Dec.15, 2024 by the Civil Security shows rescue workers clearing an area in the French territory of Mayotte in the Indian Ocean, after Cyclone Chido caused extensive damage with reports of several fatalities, Saturday Dec.14, 2024. (UIISC7/Securite civile via AP)