Tuesday 2nd July 2024
[JUDGE'S SUMMING UP, JURY'S RETIREMENT AND VERDICT]
Chester Standard live updates -
Recap: Killer nurse Lucy Letby found guilty in attempted murder retrial
10:29am
The courtroom is filling up at Manchester Crown Court with lawyers, members of the public and press, and defendant Lucy Letby is in the dock.
The trial is expected to resume shortly.
10:35am
The judge and jury have now entered the courtroom.
Mr Justice James Goss will resume his summing up.
10:42am
The judge recaps the events leading up to Child K's birth, where Child K was born at 2.12am and weighed 692g.
The baby girl's condition was "not unexpected" for someone of her gestation, with 'good' oxygen saturation levels, and she was considered to be stable.
The ET Tube was inserted at the third attempt, using a 2mm tube, having unsuccessfully tried with a 2.5mm tube.
The general clinical picture was positive, Dr James Smith had said. The judge said Benjamin Myers, for Letby's defence, had been critical of the care for Child K given up to this point.
10:48am
The judge adds Child K did not have any infection present [as shown from a blood test].
The court had previously heard evidence from Dr John Gibbs that babies have many episodes of apnoea, where they temporarily stop breathing. He had added that apnoea episodes on ventilated babies are of more concern.
10:52am
The judge tells the jury of nurse Joanne Williams' evidence, and the checks she would have done to ensure Child K was stable before she left the unit.
She had noted the '94 leak' reading on the ventilator, and said she would escalate that to a doctor. She had noted the oxygen saturation levels were good.
Dr Srinvasaro Babarao had said the leak reading was high, but a 2mm tube would not have caused that, and the cause would be something else. It should be investigated, although the reading was a snapshot reading.
10:56am
The judge says the Dr Ravi Jayaram had said Joanne Williams had left Lucy Letby to 'babysit' Child K in room 1 of the unit.
He said Dr Jayaram, about 2.5-3 minutes later, went into the room, and saw Child K's oxygen saturation levels were dropping, and Lucy Letby was standing by the incubator. Her hands were not in the incubator. He said to her 'what's happening?'
The judge says Dr Jayaram recalled Letby responding: "Oh, it looks like she's desaturating" - or words to that effect.
Dr Jayaram said the saturation levels were continuing to go down.
He said, in evidence, what he could say was it was not an alarm sounding that caused him to go into the room.
11:02am
Dr Jayaram said Child K's ventilation problem had lasted at least 30 seconds, likely 30-60 seconds, and not longer than two minutes.
He says Mr Myers referred to an inconsistency in Dr Jayaram's evidence on whether Child K's ET tube had been checked.
The judge says evidence heard in court was that, given the way the ET tube was secured, it would take "quite a lot of movement" from a baby for the tube to be dislodged.
Child K's saturation levels dropped to the 40s, which the judge says was a "life-threatening level".
The judge says Dr Jayaram was feeling 'uncomfortable' and "didn't want to think the unthinkable". He was cross-examined at length about this, with the defence critical of his lack of action. Dr Jayaram had said he wanted to follow procedure, and "in retrospect", he would have taken action sooner. He added he didn't want to engage in conversation with the defendant about it.
11:07am
The judge says Child K was x-rayed and the ET Tube was in a satisfactory position.
Child K desaturated at about 6.15am, with her saturation levels dropping quite quickly. The baby girl was reintubated and she picked up quickly. He says Dr Jayaram had said at the time he believed there was a clinical explanation for the desaturation, and there is no evidence of the tube having been moved.
The third desaturation had seen the ET Tube move in from 6.5cm to 8cm in Child K - further than it should have gone in. A nurse on the day shift had heard Lucy Letby call for help. When the nurse went into the room, Letby was seen with her hands in the incubator, using a Neopuff breathing device for Child K.
11:11am
The judge says the prosecution refers to the second and third desaturations as 'part of the whole picture' with Letby interfering with the ET tube, but are not charges.
He adds that Child K was taken to Arrowe Park Hospital on February 17, where sadly she died a few days later.
Dr Srinvasaro Babarao, a doctor at Arrowe Park, had said Child K's death could have been prevented if she had been born at a level 3 centre [such as Arrowe Park]. He added he had not seen medical notes from the Countess of Chester Hospital from that night, and knew more than he did back then. He also did not know that the only level 3 centre available for transfer at the time was Preston.
11:20am
The judge refers to Letby's Facebook search for the surname of Child K in 2018, and which the defendant has no recollection or explanation for doing so.
He adds Letby said she has no recollection of being asked to look after Child K by Joanne Williams, and denied doing anything to harm Child K. She had said it was common for nurses to assist other nurses in looking after babies.
He says Letby was cross-examined about the police interviews, on the comment 'I believe her ET tube had slipped'. She had said that was based on the documentation by day nurse Melanie Taylor, for the final desaturation.
Letby had said if she had noted the ET tube had slipped, she would have summoned help. She said she didn't recall any event, did not know why the alarm would be silenced. She had said she was 'trying to be helpful' and 'trying to fill in the gaps'.
She "remained steadfast" that she had no recollection, the judge adds.
Letby had suggested in interview the ET tube 'may not have been secured correctly'.
Elizabeth Morgan, a nursing advisory consultant, had said in agreed evidence, that it was possible for an ET tube to become unsecured in an active baby. It was less likely in a sedated baby.
She added she would expect, for a baby of Child K's gestational age, it would be standard good practice to actively observe the baby and take corrective action, calling for help if necessary, if there was a drop in oxygen levels. She had said it would not be normal practice to wait for the baby to self-correct.
Cross-examined about this, Letby had said that was Elizabeth Morgan's opinion, and said from her experience at Liverpool Women's Hospital, you would not automatically put your hands in the incubator, and babies even of 25-week gestation can self-correct.
11:23am
The judge says he will not repeat the respective arguments from the prosecution and defence.
He says jurors should respect each others' opinions and allow each of them to speak, and they "are under no pressure of time".
He urges jurors not to make their own enquiries with anyone about the case, and only to deliberate together, as a group, and not conduct independent research.
He adds there will be two smoke breaks per day, and a jury bailiff will escort them to a designated smoking area, with the other jury bailiff overseeing the remaining jurors. He says no deliberation can take place in the absence of other jurors.
11:29am
The judge reminds jurors to take with them their bundles and their iPads, the latter containing all the relevant documents and videos they have been supplied.
Upon a question by Mr Myers, the judge says he has not referred to questioning by Nicholas Johnson KC to Lucy Letby on a baby [not Child K] whose long line had snapped. The judge says Letby had disagreed with the questioning and the jury should not rely upon that questioning as evidence.
11:29am
The court ushers have now been sworn as jury bailiffs, and the jury will now go to consider a verdict.
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3:05pm
The court has been called back in, with Lucy Letby present, lawyers, press and members of the public.
The jury has a verdict.
3:06pm
Members of the jury are coming into court now.
3:07pm
The verdict: Guilty.
The verdict is unanimous.
3:08pm
The judge says the sentencing will not take place today.
The sentencing is planned to take place on Friday.
3:09pm
The judge tells Letby the sentencing will take place on Friday, adding: "You will be here for that."
3:09pm
The judge thanks members of the jury, who had been deliberating for a little under three and a half hours before giving a verdict.
3:11pm
The judge adds it is not an experience the jury will likely forget, and informs them the sentencing will take place at 10.30am on Friday.
3:12pm
Giving reaction to the verdict, senior crown prosecutor Nicola Wyn Williams, of CPS Mersey-Cheshire’s Complex Casework Unit, said: “Lucy Letby has continually denied that she tried to kill this baby or any of the babies that she has been convicted of murdering or attempting to murder. The jury has heard all of the detailed evidence including from her in her own defence and formed its own view.
“Our case included direct evidence from a doctor who walked into the nursery to find a very premature baby desaturating with Letby standing by, taking no action to help or to raise the alarm. She had deliberately dislodged the breathing tube in an attempt to kill her.
“Staff at the unit had to think the unthinkable – that one of their own was deliberately harming and killing babies in their care.
“Letby dislodged the tube a further two times over the following few hours in an attempt to cover her tracks and suggest that the first dislodgment was accidental. These were the actions of a cold-blooded, calculated killer.
“The grief that the family of Baby K have felt is unimaginable. Our thoughts remain with them and all those affected by this case at this time.”
3:18pm
It can now be revealed child serial killer Lucy Letby was compelled to hear part of the sentencing remarks she refused to listen to last year as they were read out ahead of her latest trial.
Former neo-natal nurse Letby, 34, refused to attend her sentencing at Manchester Crown Court after she was convicted in August of murdering seven babies and attempting to murder six others – with two attempts on one victim – at the Countess of Chester Hospital between June 2015 and June 2016.
The mother of two of her victims said her absence was “one final act of wickedness” while Prime Minister Rishi Sunak branded Letby “cowardly” as he said the Government was looking at changing the law to force criminals to attend sentencing hearings.
Letby received 14 whole life terms of imprisonment – one for each offence she committed.
In June, Letby returned to the same courtroom to face a retrial on an allegation that the previous jury could not reach a verdict on – that she attempted to murder a baby girl during a night shift at the hospital’s neo-natal unit in February 2016.
Her legal team tried, unsuccessfully, to throw out the case before it started as they argued she could not have a fair trial due in part to a “tsunami of prejudicial comment” in the aftermath of her convictions.
But prosecutor Nick Johnson KC countered that what followed in media coverage was “nothing more than a fair reflection of the facts of this case”, which included the sentencing remarks of Mr Justice Goss.
Referring to Letby, who he said “of course was not there”, he reminded the high court judge of what he said on sentencing.
Letby looked largely to the floor in the courtroom dock as Mr Johnson took seven minutes to read a section of the remarks while a packed public gallery watched on in silence.
He said: “My lord, you said ‘you acted in a way that was completely contrary to the normal human instincts of nurturing and caring for babies and in gross breach of the trust that all citizens place in those who work in the medical and caring professions … the lives of newborn or relatively newborn babies were ended almost as soon as they began and lifelong harm has been caused, all in horrific circumstances.
“‘Loving parents have been robbed of their cherished children and others have to live with the physical and mental consequences of your actions. Siblings have been deprived of brothers and sisters.
“‘You have caused deep psychological trauma, brought enduring grief and feelings of guilt, caused strains in relationships and disruption to the lives of all the families of all your victims’.”
3:19pm
It can also be revealed, as the Press Association have reported, a bid to throw out the attempted murder charge against Lucy Letby was refused by the judge ahead of her retrial.
Ben Myers KC, defending, argued there had been “overwhelming and irremediable prejudice” to Letby because of the extent and detail of coverage and comment across all forms of media in the aftermath of the verdicts from her first trial, including from witnesses set to give evidence at the retrial.
In legal argument ahead of the retrial, Mr Myers said there was also “highly prejudicial and emotive public comment” last August from senior police officers who investigated Letby, plus the Crown Prosecution Service, and that public statements from detectives about a probe into potential further crimes by the defendant were also prejudicial.
Mr Myers told Mr Justice Goss that the comments all came at a point when a retrial was still under consideration.
He said: “This is not a question about inaccurate reporting.
“The problem in this case is that because of the fact of the previous trial and we have those convictions, they provide a glue by which irrelevant, inadmissible and deeply prejudicial comment and reporting will attach to this trial.
“There has been an outpouring – deeply hostile and deeply prejudicial at every level, at a political level.
“For a juror to attempt to expunge from his or her thoughts about what they have heard about this case, or what they thought they have heard, is an impossible task.”
Prosecutor Nick Johnson KC responded: “We submit nothing that has been said about Lucy Letby by anyone comes close to eclipsing the truly dreadful catalogue of murders and attempted murders of which Lucy Letby is responsible.
“Everything which was reported in the aftermath of those verdicts was fair and accurate. If it was shocking, that was a natural consequence of the unprecedented dreadful offending of this defendant.
“The convictions themselves and the notoriety of the defendant are not susceptible to the fade factor but the convictions are admissible in these proceedings. The material, the reporting that is complained about is susceptible to the fade factor because it is utterly eclipsed by the dreadful offending.
“There used to be a saying in this part of the world – today’s front page, tomorrow’s fish and chip paper.
“It is the crimes themselves that will live long in the memory. It is not the relatively obscure detail of various commentators in various mediums that can possibly eclipse the crimes.
“Her crimes will always eclipse any comment made about them or about her by lawyers, police officers or journalists.”
Explaining his decision to refuse the application to stay the proceedings as an abuse of process, Mr Justice Goss said: “I am satisfied that any prejudice to the defendant from the publicity in the media is not such as to preclude the defendant from having a fair trial.
“The evidence of her convictions will be in evidence before the jury. It will be subject to the necessary directions to the jury as to the use to which they may and may not put this evidence; they will also receive a direction as to the importance of reaching their verdict on, and only on, the evidence placed before them and nothing else.
“Experience has shown that juries can be relied upon faithfully to follow such directions. The media coverage will, in any event, have been diluted by the ‘fade factor’ since the verdicts in the original trial were reported.
“The fairness of the trial is not compromised, nor could the court’s sense of justice and propriety be offended or public confidence in the criminal justice system be undermined by the trial proceeding.”
3:36pm
Dr Nigel Scawn, Medical Director at the Countess of Chester Hospital NHS Foundation Trust, said: “Our thoughts are with the family and loved ones of Baby K.
"We are extremely sorry that these awful crimes happened at our hospital.
"Since Lucy Letby worked at our hospital, we have made significant changes to our services and remain committed to providing high quality safe care to our local communities.
“We want to acknowledge the impact this continues to have on everyone involved in this case and restate our commitment to do everything we can to help families get the answers they deserve.
"We remain grateful for the unwavering cooperation and professionalism of our staff, some of whom returned to court to repeat evidence and relive events.
"We will continue to ensure our staff receive the care and support they need and we remain committed to fully and openly supporting the ongoing legal processes.”
3:39pm
We'll have further reaction soon - a statement is due to be read out from Cheshire Police, which has had Operation Hummingbird resources dedicated to the Letby case.
4:15pm
Speaking after the verdict today, Detective Chief Inspector Nicola Evans, who is the Deputy Senior Investigating Officer, said: “This has been a long and painful journey for the parents of Baby K – having to face continual denials and sitting through very personal and upsetting evidence in the original trial and again at the re-trial.
“Their courage, strength and resilience is absolutely remarkable.
“I would like to thank them for continuing to put their faith in us and I hope that the conclusion today provides them with some peace of mind and some of the answers they have been searching for.
“Once again, there are no winners in this case. Today is not a time for celebration – it is a time for reflection and a time for the family of Baby K.
“My thoughts – and those of the whole prosecution team – remain with them at this incredibly difficult time.”
4:16pm
DCI Evans added: “A trained nurse responsible for caring and protecting a tiny, premature baby abused that position of trust in the most unthinkable way.
“The continued denials have caused significant upset for Baby K’s family as they have had to endure a trial and subsequent re-trial. No-one should ever have to go through what they experienced.”
4:16pm
Detective Superintendent Simon Blackwell, who is strategic lead for the investigation, said: “This has been a highly complex and extremely sensitive investigation over the past seven years and I want to say thank you to the whole investigation team in recognition of all of their dedication and hard work.
“I want to acknowledge each and every person who has been involved – from our dedicated officers and staff who built a detailed case that resulted in a charge, to the witnesses who were integral in giving their evidence at court, to the prosecution team who devoted their time to this case and finally to the jury who have had to sit through complex and, at times, very distressing and upsetting evidence before delivering their verdict.
“Our case has also been strongly supported by a number of key partners to which we are also very grateful including the Crown Prosecution Service, Prosecution Counsel, The National Crime Agency and colleagues from other forces.
“Everyone has had a part to play and we owe a debt of gratitude to you all.”
4:17pm
Cheshire Police's Operation Hummingbird remains ongoing.
A spokesperson for Cheshire Constabulary said: "If you have any information that you would like to pass onto the investigation team please get in touch via the Operation Hummingbird mailbox at
Operation.Hummingbird.Public.Contact@cheshire.police.uk
"Information can also be passed on by calling 101 and asking for Cheshire Constabulary or anonymously, via Crimestoppers, on 0800 555 111."
4:50pm
The parents of Child K gasped and then cried as the foreman read out the verdict after the jury deliberated for three-and-a-half hours.
Lucy Letby showed no emotion in the dock.
Sentencing will take place on Friday at 10.30am.
4:53pm
Further to the news that Cheshire Police's Operation Hummingbird remains ongoing, here is a statement from Detective Superintendent Paul Hughes, who is the senior investigating officer.
He said: “The Operation Hummingbird team remains committed to a complete and thorough investigation into the full period of time that Lucy Letby was employed as a nurse, either while at the Countess of Chester Hospital or on placement at the Liverpool Women’s Hospital.
“The investigation covers the period from 2012 to 2016 and includes a review of 4,000 admissions of babies into the neo-natal units of both the Countess of Chester Hospital and the Liverpool Women’s Hospital for us to work through.
"This does not mean that we are investigating all 4,000, it just means that we are committed to a thorough review of every admission from a medical perspective. Only those cases highlighting any medical concern will be subject of further detailed review.
“Whilst our investigation remains ongoing, we are unable to confirm any further specific information relating to individual babies or families.
"Out of respect of everyone involved we will not be commenting further at this stage. Further updates will follow at the appropriate time. The families of all the relevant babies, who are part of this investigation, have been informed and continue to be supported.”
The ongoing operation had previously confirmed it had launched an investigation into corporate manslaughter at the hospital.
Detective Superintendent Simon Blackwell, who is strategic lead for Operation Hummingbird, said: “In October 2023, following the lengthy trial and subsequent conviction of Lucy Letby, Cheshire Constabulary launched an investigation into corporate manslaughter at the Countess of Chester Hospital.
"The investigation, which is ongoing, focuses on the indictment period of the charges for Lucy Letby, from June 2015 to June 2016, and is considering areas including senior leadership and decision making to determine whether any criminality has taken place.
"The investigation is complex and sensitive and specific updates regarding progress will be issued at the appropriate time. At this stage we are not investigating any individuals in relation to gross negligence manslaughter.
“We recognise that this investigation has a significant impact on a number of different stakeholders including the families in this case and we want to reassure that we are committed to carrying out a thorough investigation.
"Since Letby’s original convictions in August 2023 it has been a very busy period for the investigation team. This has included a subsequent appeal, the re-trial for one count of attempted murder and the launch of the statutory public inquiry that Cheshire Constabulary is assisting with.”
5:37pm
Detective Inspector Andrea Price of Cheshire Constabulary, representing the family liaison team, was outside court earlier, where she read out a statement on behalf of Child K's family in the case.
The statement reads as follows:
"Words cannot effectively explain how we are feeling at this moment in time.
"To lose a baby is a heart-breaking experience that no parent should ever have to go through. But to lose a baby and then learn of the harm that was inflicted under these circumstances is unimaginable.
"Over the past seven to eight years we have had to go through a long, torturous and emotional journey, twice.
"From losing our precious new-born and grieving her loss, to being told years later that her death or collapse might be suspicious. Nothing can prepare you for that news.
"Today, justice has been served and a nurse who should have been caring for our daughter has been found guilty of harming her. But this justice will not take away the extreme hurt, anger and distress that we have all had to experience.
"It also does not provide us with an explanation as to why these crimes have taken place.
"We are heartbroken, devastated, angry and feel numb. We may never truly know why this happened.
"Words cannot express our gratitude to the jury. We recognise that this has not been an easy task for them and we will forever be grateful for their patience and resilience throughout this incredibly difficult process.
"The police investigation began in 2017 and we have been supported from the very beginning by a team of experienced and dedicated Family Liaison Officers. We want to thank these officers for everything they have done for us not only once but twice.
"Medical experts, consultants, doctors and nursing staff have all given evidence at court, which at times has been extremely hard for us to listen to.
"However, we recognise the determination and commitment that each witness has shown in ensuring that the truth was told. We acknowledge that the evidence given by each of them has been key in securing today's verdict.
"Finally we would like to acknowledge and thank the investigation team and, more recently, the prosecution team who have led the trial to a successful conclusion. The search for the truth has remained at the forefront of everyone's minds and we will forever be grateful for this.
"We would now ask for time in peace to process what has happened as we come to terms with today's verdict."
