I don’t think there would have to have been for that approach.
“He says experts can be influenced by "an overarching assumption that what has happened is a result of deliberate harm".
I think this statement is the more important part of the opening speech combined with Dr Evans being approached by the NCA. To be fair I did think it sounded like something someone in his position, his relevant knowledge of the evidence and with experience would say. At the end of the day he is there to win and he wins by creating reasonable doubt. I have no knowledge of defence or prosecution tactics, I just try and put myself in their shoes. here’s a statement that seems to be fitting with that approach.
“The experts that will be called in the trial have "met as a group and considered their opinions jointly", defence lawyer Ben Myers KC tells the court.”
Latest updates on day four of the Lucy Letby trial, with the prosecution showing the court handwritten "confessions" from the nurse in which she allegedly admitted she was "evil", and the defence saying the hospital was "well out of its depth". Letby denies all charges.
news.sky.com
here is that initial statement in full.
“The experts that will be called in the trial have "met as a group and considered their opinions jointly", defence lawyer Ben Myers KC tells the court.
He then tells the jury that the burden is not on the defendant to provide an explanation of the events that unfolded.
"Doctors don't always have the answers and nor do medical experts," he says.
"The fact that Ms Letby can't explain a particular event... does not mean she is responsible for it."
Letby remains "adamant" that she has done nothing to harm any of the children mentioned in the indictment.
Mr Myers is now turning to each of the children in turn.
Lucy Letby trial - latest: Nurse 'adamant' she's done nothing to harm any of the babies in the case as defence begins
Ben Myers KC is now returning to the five points that he is asking the jury to consider when deciding if Letby is guilty or not.
He asks the jury to "remember how quickly problems can develop" with neonatal children.
He tells the jury to listen out for any evidence that shows the unit at the Countess of Chester Hospital was "understaffed and overstretched".
He says experts can be influenced by "an overarching assumption that what has happened is a result of deliberate harm".
"The fact they are an expert does not mean this cannot happen," he says.
"Where there is no clear explanation for what has happened - and that can sometimes happen in medicine - there is a danger of an expert being drawn into an explanation of evidence that is influenced by the prosecution's theory."
He tells the jury this is called "confirmation bias".”
Latest updates on day four of the Lucy Letby trial, with the prosecution showing the court handwritten "confessions" from the nurse in which she allegedly admitted she was "evil", and the defence saying the hospital was "well out of its depth". Letby denies all charges.
news.sky.com
it would seem to me that mr Myers is and will be pointing out the inconsistencies across the cases and then saying “bias confirmation“ is the reason these doctors in lieu of anything conclusive came to the conclusion of inflicted harm and then the investigation would follow that line and would need to find a suitable candidate or someone with the opportunity and that’s when ms letby comes in. In other words a case built “firmly on coincidence”.
“Ben Myers KC told Manchester Crown Court there were failings in the care of newborns at Countess of Chester Hospital but 'she should not get the blame' based 'firmly on coincidence'.”
he is building a picture so to speak
Ben Myers KC told Manchester Crown Court there were failings in the care of newborns at Countess of Chester Hospital but 'she should not get the blame' based 'firmly on coincidence'.
www.dailymail.co.uk
here is another statement I think supports that approach by mr Myers.
“Mr Myers said: "What you have done in your evidence today is introduce something new with the purpose of supporting the allegation rather than explaining the facts."
Dr Dewi Evans clashed with nurse Lucy Letby's barrister Ben Myers KC over his evidence.
www.bbc.co.uk
I’m wondering why the prosecution hasn’t tried to disprove this really, it would certainly do the prosecution credit in The eyes of the jury, IMO.
I think Dr Evans very much held his own though And may appear earnest and many other good things in the eyes of the jury. Jmo.
I really do think the NCA could have done more to strengthen the allegations. In some cases the evidence provided by the prosecution needs backing up as well. Jmo.