Some thoughts about the case.
If we are to believe everything officially published, the suspicions about Lucy Letby’s involvement has been born in Dr. Breary’s head in 2015. So, with this in mind: in 2015, the first internal review by Dr. Breary and Erin Powell classifies extra deaths "as medication errors."
Then, in February 2016, Care Quality inspection Commission comes to NICU. It is not related to deaths or Lucy. Totally different managerial issues are discussed during the inspection, but the commission is NOT informed of increased mortality rate.
Dr. Breary now says that he already had suspicions about Lucy. The shift rota, etc. This inspection should be a great opportunity to ask an external observer to glance at the situation. (Dr. Breary always stated that his goal was protecting the babies). But he doesn't grab at the chance. The Commission departs praising the “positive” atmosphere on the unit (the future events indicates that the atmosphere is short of toxic, but it is strictly MOO).
In June 2016 Dr. Breary asks that Lucy is removed from the unit. He is told by the management that she is safe to work. At this time, we see a huge rift forming between Drs. Breary and Jayaram on one side and the nursing management and the executives of the trust, on the other.
In contrast to "heroic" drs. Breary and Jayaram later statements, the trust executives did act. They: 1) commissioned an external review (by the Royal College of Paediatrics and Child Health); 2) took Lucy Letby off the unit in the end of June; 3) reduced cot capacity increased gestational‑age threshold for admissions to 32 weeks. So, the unit was downgraded by a level.
The management did everything right! They had high mortality, staffing and infections issues in NICU, plus, anxious doctors suspecting the nurse of killing babies. They removed the nurse, unloaded and downgraded the unit and asked for an external review. They didn't go to the police, but neither did Drs. B and J! (I think no one probably had facts for the police.)
However: from this moment, there is no chance to compare “deaths on the unit when Lucy was there” with “deaths on the unit when Lucy was not there”. One can not compare the performance of Level II and Level III units. So whoever posts “but the deaths went down when Lucy was removed” is essentially comparing “Apples + Lucy” with “Oranges - Lucy”. It is illogical.
In September, the Royal College of Paediatrics and Child Health review started. In October report “found no definitive explanation for the increased mortality rate but identified inadequate staffing and senior cover”.
Bingo! If the review found "inadequate senior cover" during the time of excessive deaths, that:
1) could be an additional factor contributing into the NICU deaths.
2) Also, these senior doctors whose absence was noted in the review could not have a valid opinion about Lucy Letby. They simply were not on the unit enough to see with their own eyes what was going on.
3) It won't hurt to check how often were the senior doctors present on the unit at night. Lucy was working night shifts.
Besides, the Review report described concerns about Lucy Letby as "subjective and unsupported by evidence".
So the external review, essentially, said that it was not Lucy Letby's involvement.
Then Lucy complains, is apologized to by the CEO, is supposed to return back to the unit in April 2017. Before her return, Breary and Jayaram go to the police. The police gets involved, and operation Hummingbird starts.
Till this moment, I was under the impression that Dr. Breary and Dr. Jayaram, too, have no facts to use for the police, but, shall we say, appear superstitious?
But here is where my true concern starts. And any regular person should have a concern, too.
In May of 2017, Dr. Dewi Evans, a professional trial expert, approaches the National Crime Agency to volunteer his services. (Shouldn't the investigation be secretive? Dr. Evans surely had his ear to a very big grapewine). And he joins the operation on the side of the accusers.
In fact, Dr. Evans' involvement already contradicts later statement of officer Paul Hughes that initially LE also considered "a range of natural and clinical explanations". No way. They didn't bring an expert in neonatology like Dr. Shoo Lee. The Cheshire police brought in a trial guy for their initial investigation as early as in May of 2017.
Dr. Evans was well-known to represent the prosecution in court. He later prided himself on losing only one court case. (It raised the concern that his clinical judgment was less justice-geared, and more prosecution-geared, but it is not that relevant). What is relevant is that a retired pediatrician, Dr. Dewy Evans, making his money as the prosecution expert, is brought in to consult on operation Hummingbird in May of 2017.
The two doctors accuse a nurse. Their right. But it is the investigative step, when the Chester police has to be: 1) totally unprejudiced and 2) very quiet because it is "operative" work
Instead,
- the police somehow announces the fact of investigation to Dr. Evans’s
and
- delegates the review of the case, in its nascent form, to a known expert for the prosecution.
We are not in a "guilty or innocent" phase yet.
Would anyone, personally, want their investigation to be held, from the very beginning, by the expert for the prosecution?
Give or take, i see some huge problem here.
From this moment, it is predictable what turn the investigation will take.
ETA: and not that Lucy's barrister Ben Myers did not fight against it. He tried to remove Dr. Evans' evidence, but Judge Goss refused to. When you try to strike out evidence for Evan's "failure to act with the independence, impartiality and objectivity required of such a witness", but Judge Goss deems it "reliable", what's there to do?
Retired consultant paediatrician Dewi Evans was tasked by police to look at a series of collapses on the Countess of Chester Hospital’s neonatal ward.
web.archive.org
It is unsafe conviction, IMO.
Sorry for the long post.