GoodDayToYouSir
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I don’t think that that makes sense, with the greatest respect.I honestly think you're reading too much into it. To me it's simple and by offering no evidence for murder but keeping the attempted murder charge, they're still saying they believe LL took the alleged action but they've decided it would prove tricky trying to prove that the action killed her, because of her being moved to the other hospital and not dying straight away. And then there's the added info about her being born at the wrong grade hospital.
As neither of those things are likely to change in the future, there would imo be no point keeping the murder charge on file. And as none of the other allegedly murdered babies were in the same postion as baby K and they all died straight after LL's alleged actions, in the same hospital, the decison to offer no evidence on that charge has no impact on the other charges and is no relecton of the strength of the evidece for those charge. Sure they could have come to that decision sooner, but the fact that they didn't IMO isn't the big red flag you seem to think it is.
imo
You cannot charge a person with both murder and attempted murder in relation to the same act. If it is alleged that LL dislodged the breathing tube (because that’s the alleged method) of Baby K, that is grounds for an attempted murder charge. If Baby K then dies three days later, you cannot also file a charge of murder in relation to the same incident of alleged tube dislodgement.
What do you can do is bring attempted murder charges for an alleged tube dislodgement which does not result in death, and then, if there is a subsequent episode of alleged tube dislodgement which does cause death, you can bring a murder charge in relation to that alleged incident whilst maintaining the AM charge for the earlier incident.l
From what I have read, there are two separate tube dislodgements for baby K. For the first alleged attempt, the prosecution filed attempted murder charges in 2020 and at the same time, in relation to a second alleged tube dislodgement on the same day (17 February 2016), they filed a murder charge. In June 2022, they then decided to offer no evidence in relation to the murder charge which relates to the second alleged dislodgement . The attempted murder charge for the first episode remains.
The first alleged dislodgement is the one which Dr Ravi walked in on where LL was standing cot side and allegedly said “she’s just started deteriorating now.” Dr Ravi found the breathing tube had been dislodged which was allegedly impossible because the baby was sedated. The second dislodgement (to which the murder charge related) was witnessed by the nurse shift leader, where they found that the breathing tube had slipped too far down into the baby’s throat (as per prosecution opening).
The prosecution said that “we allege that LL was trying to kill her when the paediatric consultant walked in on her”, thus making it clear that the AM charge relates to the earlier incident.
My point is that the prosecution is now not bringing any charges in relation to the second alleged dislodgement . It’s not that they are going for the ‘lesser’ charge of AM because of concerns regarding the care at COCH: they are now not bringing any charges in relation to it . So my inference from that is they had medical evidence that the second alleged dislodgement was such that it couldn’t have occurred accidentally and that it caused baby K’s death when they filed the murder charge in 2020, but they then had to abandon the charge . They no have no charges in relation to the second alleged dislodgement. So we’ve gone from a murder charge to no charges.