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Exactly, that’s my point. To file a murder charge in the first place, the expert evidence must have been that LL’s alleged acts were a substantial cause of baby K’s death. But the expert evidence then apparently changed in the run up to June 2022, leading to the murder charge being abandoned.
I absolutely agree with you that the baby’s premature and fragile condition may have made it virtually impossible to say what the cause of her death was. But if that’s what the medical experts had said in November 2020 when the charges were originally filed, then I don’t think that the prosecution would (or could) have concluded that it was appropriate to file a murder charge for baby K. As public servants, the CPS cannot conclude that it is reasonable to file a murder charge unless at the time they make the charging decision, the medical evidence is that the alleged act was a substantial cause of the death. My point is that the CPS must have been told by the medical experts that LL’s alleged actions were a substantial cause of baby K’s death. But that expert medical evidence must then have changed, leading to the prosecution abandoning the charge in June 2022. And not only just discontinuing the murder charge, but offering “no evidence”, which leads to the judge entering a not guilty verdict in relation to the murder charge of Baby K.
I think it's a lot simpler than that . I think they believed that LL's alleged actions had caused Baby K's death because she never recovered after LL's alleged actions BUT because she was transfered to another hospital later that day and and survived for a few days before dying there a few days later, the defence could have argued that whilst at the other hospital something else caused her to die.
Also because of how premature she was she should have been delivered at a different unit but there wasn't time to get the mother there, so she was born at Chester. So the defence could have used the fact that she should not ideally have been at Chester, as an argument too.
Child K had been born in February 2016, very premature. The court heard births of this type would normally be delivered at Arrowe Park or Liverpool Women's Hospital, but there was not enough time for this to be possible, so Dr Jayaram was present for the birth at the Countess of Chester Hospital.
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