So forgive my oversimplified attempt at a summary here, but it seems she was under a veil of suspicion at some earlier point, which somehow eventually lifted to the point where they were apologizing to HER, and then there was a start at going back to a "normal" for a bit, which didn't last, because she was again somehow not only suspected, but officially, formally investigated, and she ended up in custody and then at trial and then convicted and imprisoned, which is where it is now (actually, on appeal, I guess, now).
Which is about the point that I personally started reading about this case (very late, i.e.), hence my oversimplification of events. But that leaves a gap in my understanding of it all, because how did she come to that point where they apologized to her, only to end up convicted in the end? Their suspicions were correct early on, but why were they dropped, only to return full force later? Or was that not a true apology, maybe they were just trying to make her drop her guard or make her think she was in the clear for some reason? Or was the investigation of her still going on, even while the staff were told something different? Maybe LE still suspected her and were continuing to investigate, even while her coworkers were told she was cleared and deserved an apology?
Perhaps Dr John Gibbs' (consultant) evidence to the Inquiry best answers this and sets out the sequence at that time -
Page 166 - 175
[A] And then we were -- I say it was emotional, a letter was read out from Letby by one of the senior nurses in a quite emotional tone and then we were told how much we had upset Letby by the Chief Executive and told firmly that the board had accepted the findings that there had been no evidence of any wrongdoing and that Letby was exonerated -- I don't know if he used the word "exonerated" -- but no evidence against her and that a line was being drawn under this and that was said quite firmly. I thought the Chief Executive finished by saying, "Is that clear?" as he looked round the room at each of us. I think some of my colleagues thought he said something slightly differently but they can report on that.
Q. We are interested of course in your recollection --
A. But it was clear that was the end of it.
The board had accepted these reports had shown no wrongdoing and we were to apologise to Letby.
Q. You used the word "shocked" in your witness statement.
A. Yes.
Q. Particularly by reference to the fact that you hadn't reviewed at that time either the RCPCH or the Dr Hawdon report?
A. Yes.
Q. I mean, in the ordinary course of things --and I do recognise in my question that this wasn't the ordinary course of things -- but are management generally open with Consultants in relation to the content of expert reports before they discuss that content with the Consultants?
A. I am not sure because I hadn't had experience of this situation with those managers. It had been my experience as a Clinical Director some years earlier that the managers then were more consultative and for example would have probably shown us the reports and had a discussion about it?
Q. So you were told a line had to be drawn under it?
A. (Nods)
Q. Under the Letby issue, as sometimes it is characterised. But you and your colleagues wrote a letter to Mr Chambers four days later and we will just bring it up, INQ0003095. Signed by you all. You asked specifically what the board's understanding of the reason for the increased number of unexpected and unexplained deaths on the neonatal unit between June 2015 and July 2016 and "the actions that you and the board now expect us paediatricians to take". And go on to say that you want to read the RCPCH report and the Casenote Review and give an assurance that it will be kept confidential?
A. Yes.
Q. What was your thinking behind asking specifically for the board's understanding of the reason for the increase, what were you trying to achieve by asking that very direct and specific question?
A. Well, we paediatricians couldn't understand the increase. Interestingly, the board could, and we wanted to know their reasons for accepting why there had been an increase. Obviously it would help us to have read the actual reports to try and understand it.
MR DE LA POER: Thank you. My Lady, would that be a convenient moment?
LADY JUSTICE THIRLWALL: Yes, thank you very much indeed,
Mr De La Poer. 20 past 3.(3.04 pm)
(A short break)(3.20 pm)
MR DE LA POER: We had reached 30 January of 2017 and is this right, there were two issues confronting the Consultant paediatric body: on the one hand you hadn't at that time read the reports which had only been summarised to you in a particular way?
A. (Nods)
Q. But also was it your understanding at that time that Letby would be returning to the ward?
A. Yes.
Q. And how imminent was it did you have the impression that that was going to happen?
A. I wasn't sure. Within the next week or two I presumed, not that day.
Q. So I am going to come now to a WhatsApp chat which I think you have been asked to consider as part of your preparation. We can deal with it in summary. It is a discussion between you and your Consultant colleagues between 5 and 7 February in which you are effectively discussing between yourselves why it is only some of you will be permitted to view the report and others would not be able to?
A. Yes, which dates again, 5 February onwards?
Q. 5 February onwards.
A. I think that's probably referring to the Hawdon report. I think we were all given the Royal College report.
Q. Well, we know on 7 February you were in fact all given access to the RCPCH report.
A. Okay, right.
Q. Perhaps it doesn't matter terribly.
A. One or both reports only a few of us were going to see originally.
Q. Yes, and did you also at about that time get access to Dr Jane Hawdon's report?
A. Around that time, yes. I thought we had the Royal College report a day or two before the other report, but a few days apart. It didn't really make any difference.
Q. You obviously had the opportunity to consider both reports?
A. Yes.
Q. What you say? Your statement is once you got access to both, you realised that deliberate harm had not been excluded?
A. Yes.
Q. When you read them, how obvious to you was that conclusion?
A. Fairly obvious from -- I mean, deliberate harm hadn't been confirmed either. From Dr Hawdon, the expert review that four were unexplained deaths, sort of similar to what -- not necessarily four, similar to we felt these were unusual deaths, it wasn't just the number, it was the nature.
Q. Those being category 2?
A. Yes, four patients.
Q. Which she recommended for broad forensic review --
A. Yes.
Q. -- or local forensic review depending on which part of the report we are looking at?
A. Yes.
Q. Again just bookmarking an event without going to the detail, records indicate that you contacted the British Medical Association on 7 February?
A. (Nods)
Q. Why did you do that?
A. Because I realised I could be in conflict with senior managers and potentially I might be disciplined or suspended or lose my job and that's also why I contacted the MDU.
Q. What was it that you thought you might do at that time that was going to put you in conflict with the managers?
A. Go against what the managers had clearly advised; that that's the end of the discussion about Letby.
Q. So in other words that you wouldn't accept that a line had been drawn under it?
A. Absolutely, that's why we sent the letter a few days later to the Chief Executive knowing it might get us into trouble.
Q. That was the letter of 10 February 2017?
A. We sent one a few days earlier, the one at the end of January.
Q. 30 January we looked at?
A. Yes.
Q. That's where you asked specifically for the board's understanding of the explanation?
A. But even at that stage we had not drawn a line under it and we defied what we were told and we were starting to ask questions, and again on the 10th.
Q. If we bring up the 10 February letter, INQ0003117. So this letter written following --
A. Having read the reports.
Q. Exactly so. You give the dates 3 and 7 February?
A. (Nods)
Q. The substance of the letter goes on to urge a Coronial investigation?
A. Yes.
Q. Why did you think that the Coroner was the right person in these circumstances?
A. Because the Coroner is supposed to examine deaths to try and ascertain why they occurred and we thought if he had access to Dr Hawdon's report and knew of our concerns, that that would ring major alarm bells for the Coroner.
Q. So --
A. And in a very loose way -- and I might have got this wrong, I am not a legal person -- I thought going to the Coroner is not the same as going to the police, but I thought they were closely linked. If you had deaths you could not explain and that we were raising the sort of concerns we paediatricians were raising.
Q. At the end of the second paragraph: "The reports have not reassured us that all these deaths and collapses are explicable by natural causes"?
A. Yes.
Q. What isn't said in terms in this letter is: we remain suspicious of Letby.
A. Yes.
Q. Is there any particular reason why that express statement of the sort of the concern was not included in this letter?
A. Well, maybe we were being a little bit cowardly. We didn't want to ask to be sacked so we had been told this was the end of the matter and the board decided it was the end of the matter. We were clearly pushing it and without -- we didn't feel we had to explicitly say we still had the same concerns that patients had been harmed and that it may be Letby doing it because we had been told to leave it. But we felt this sort of letter implied the same thing without stating it.
page 183 - 184
Q.
The same day -- we will just bring it up --28 February 2017, INQ0003187 -- the seven of you Consultants wrote a letter of apology to Letby?
A. Yes.
Q. Let's just be clear about this. You I am sure have been over the text of this many times both before it was sent and afterwards. Were you accepting when you sent that letter that you didn't think Letby had done anything wrong?
A. Sorry, can you pose that question again?
Q. Do you want to just read it and then ...(Pause)
A. Sorry, yes.
We were not saying she had done no wrong here, we were just apologising for the stress that has been caused. In fact, did we say to her or not? "You", it says, yes. We were sorry for the stress we had caused all the other nurses on the unit as well.
So we are apologising for the stress, we weren't apologising for the -- I think from my colleagues saying we never accused her of anything, I think we implied quite strongly what we were accusing her of. But we didn't apologise for having raised concerns that she may have harmed patients.
Q. Thank you, we can take that down. 1 March another letter to Mr Chambers, INQ0006816.
A. This in a way is emphasising the fact we have reviewed Dr Hawdon's report with Dr Subhedar and there were now eight unexplained deaths, we felt. We were pointing that out to Mr Chambers.
Q. We will just bring it up but you have got there without needing to see it. Was that the purpose of this letter, just to say: look, we have got to a particular position. It is not four, it's at least eight?
A. Yes, do we say that in this letter? I thought we had, but ...
Q. I think you will see it over the page.
A. Right.
Q. If my recollection is ... The second bulletpoint.
A. Yes. So we are saying there are eight cases altogether.
Q. Exactly so.
A. And saying this needs to be investigated...
Transcript of Part B Evidence: Dr John Gibbs – Consultant Paediatrician
thirlwall.public-inquiry.uk