Seized maternity notes not given to Letby defence for trial

Maternity notes for the babies Lucy Letby has been convicted of murdering were not made disposable to her defence up of her trial, the BBC has learned.

The neonatal caregiver was convicted of murdering and attempting to execution 14 babies astatine the Countess of Chester Hospital successful 2015 and 2016.

File connected 4 Investigates has discovered that maternity notes for the babies successful the lawsuit - which see details of the mother's pregnancy, labour and commencement - were seized by Cheshire Police. But they were not reviewed by the prosecution's main aesculapian adept oregon disclosed to Letby's defence.

The Crown Prosecution Service said Letby was convicted pursuing 2 assemblage trials and that the Court of Appeal dismissed her statement that prosecution grounds was flawed.

Letby, primitively of Hereford, is presently serving 15 full beingness terms.

Since her trial, and consequent retrial connected 1 case, determination person been concerns raised astir immoderate of the grounds presented to the jury.

One interest is that the maternity past of the babies successful the lawsuit was not adequately considered.

Experts told the BBC that it is captious to afloat measure the pregnancy, labour and transportation of a babe erstwhile determining wherefore they collapsed and died.

Dr Dewi Evans, the main aesculapian witnesser for the prosecution, said the afloat maternity notes were not applicable to the case.

"I ne'er saw immoderate obstetric notes and I person nary thought what happened to them," helium said.

"I don't deliberation that maternity attraction was a peculiar contented successful the Letby case. I deliberation astir of the babies I dealt with were calved successful acceptable condition."

Evans said helium did spot little maternity summaries - "usually a mates of paragraphs" - attached to each baby's neonatal notes.

File connected 4 Investigates has besides learned from respective sources that the Crown Prosecution Service did not disclose the obstetrics records to the defence.

The CPS reasoned that due to the fact that the prosecution did not usage them to signifier its lawsuit against Letby, they were not relevant.

The BBC has besides seen grounds the defence did petition the maternity notes but they were not released.

Evans said the CPS should person disclosed the records, adjacent if the prosecution was not utilizing them.

He added: "With the payment of hindsight, would that person made a quality to the outcome? I don't deliberation so. The events that occurred to these babies were events that occurred aft they were born."

However, Phil Bennett, prof of obstetrics and gynaecology astatine Imperial College London, disagreed.

"It's precise astonishing so to maine that small oregon nary attraction was paid to the maternity attraction successful these cases," helium says.

He said that erstwhile investigating a baby's decease successful a infirmary oregon arsenic portion of litigation, it is mean signifier for maternity attraction and neonatal attraction to beryllium considered together.

"These experts should cognize that to travel to the close decision you request an integrated opinion," helium added.

Bennett has reviewed 1 case, referred to successful tribunal arsenic Baby O, successful item connected behalf of her caller defence.

The assemblage unanimously convicted Letby of murdering the triplet aft the prosecution said she had injected aerial into his bloodstream, into his feeding conduit and inflicted liver damage.

Bennett relied connected Baby O's neonatal notes arsenic good arsenic grounds from a constabulary interrogation with the baby's parent astir the infant's birth.

The prosecution argued that Baby O was calved successful bully information and was unchangeable for 48 hours earlier helium abruptly collapsed. They said that indicated that Letby attacked him.

But Bennett's sentiment is that the babe died from a liver information caused by an wounded to his liver during, what helium believed was, a hard Caesarean conception to present him.

He says though this is rather rare, determination was important aesculapian lit connected it.

In these aesculapian reports the wounded usually happened during transportation and the babe seemed to beryllium good for an mean of 48 hours until abruptly collapsing and often dying.

Bennett said helium would similar to spot the obstetrics notes to get a amended knowing of the delivery.

In response, Evans said Baby O was calved successful bully condition.

He added: "I don't deliberation that thing successful the obstetric notes would person improved my knowing oregon the knowing of each of america who became progressive with this investigation."

File connected 4 Investigates spoke to assorted families who alleged failings of attraction connected the maternity and neonatal units astatine the Countess of Chester, earlier during and aft Letby's clip astatine the hospital.

None of them encountered Letby.

They said doctors, nurses oregon midwives repeatedly ignored their concerns astir the advancement of their labour oregon the wellness of their baby. In respective of these cases their babies died.

Sue Pemberton, the lawman main enforcement of the Countess of Chester, said they "apologise unreservedly to the families who person had mediocre acquisition successful our care".

She said she noted that the cases being discussed subordinate to maternity attraction betwixt 2015 and 2020 and that if families felt their concerns had not been addressed she would impulse them to interaction the trust.

She said: "The Trust has made important improvements and it is present nationally accredited for its family-integrated attraction approach."

The Crown Prosecution Service said: "Lucy Letby was convicted of 15 abstracted counts pursuing 2 assemblage trials.

"In May 2024, the Court of Appeal dismissed Letby's permission to entreaty connected each grounds – rejecting her statement that adept prosecution grounds was flawed."

Cheshire Constabulary said it would not beryllium commenting.