I don't believe, from a logical point of view, it would be automatic. Say for instance a representing barrister had to recuse himself because the defendant had told him she did it. That would mean every barrister thereafter would automatically be privy to that information and not be able to represent a not guilty defence.
MM said in December he didn't know why she didn't call her experts. It doesn't make sense if he got to receive that handover of information automatically.
Take one example, baby E, for instance.
The new panel says -
<snip>
"The 2 episodes of massive gastrointestinal haemorrhage were most likely due to in-utero hypoxia causing stomach or
small intestinal
ulceration, and erosion into an intestinal blood vessel; or to a vascular abnormality like
Dieulafoy’s lesion, which can cause life- threatening hemorrhage.
CONCLUSIONS
1. Baby 5
died from massive gastrointestinal hemorrhage due to either intrauterine
hypoxia causing stomach or intestinal ulceration or a congenital vascular lesion.
2.
Emergency blood transfusion should have been given much earlier.
3. There was no evidence of air embolism
4. Post-mortem should have been requested"
International Expert Panel New Summary Report of additional 10 cases - EMBARGOED UNTIL NOON GMT on Thursday 3rd April.pdf
The trial heard the conclusions of Myers' experts via Myers' cross-examination of the prosecution experts as follows -
Mr Myers said: “
He died because of a catastrophic bleed, didn’t he?” Dr Bohin replied: “I don’t believe that is so.”
Cross-examining, Ben Myers KC, defending, said: “The haemorrhaging that Child E experienced on August 3 and 4 could be
due to some form of ulceration or bleeding from the stomach from natural causes, albeit not normal?”
On Thursday Mr Myers suggested that
medics were too slow during the night-shift to order an emergency blood transfusion for Child E.
Rigid wire could have caused baby’s ‘extraordinary bleeding’, court hears
"Dr Bohin is asked about Child E's gastric bleed. She says she has 'never' seen a nasogastric (feeding) tube causing that damage - she says the infant lost 25% of his blood volume as a result
She says she was left 'clutching at straws' to explain such a haemorrhage. One explanation she found was an extremely rare condition (only six cases globally recorded since 1968) called
Dieulafoy's lesion"... (link to tweets in media thread)
---
This is obviously not making it to the court of appeal. The only basis upon which they will hear it is if there was an acceptable justification for not calling her experts and not calling Dr Lee at her second trial.
McDonald had read trial transcripts he says, by December 2024.
Unless he said to Dr Lee, or any of his new experts, 'listen guys, it doesn't matter if you don't find anything new, because there's a really great reason the court of appeal will give her a fifth stab at this (two trials plus two appeals conducted by an outstanding KC), just go ahead and copy/paste the trial evidence, because we've got Dr Lee now to say there were no air embolisms', even though Myers chose not to call Dr Lee at the first trial, or for the second trial in June 2024, after he had Dr Lee give evidence to the court of appeal in April 2024.