Cheshire Constabulary refutes claims of ‘egregious' failures in Letby case
Cheshire Constabulary has hit back at claims that the force made ‘egregious’ failures during its investigation of Lucy Letby.
Conservative former Cabinet minister Sir David Davis told ministers in the House of Commons yesterday that Letby’s conviction was a ‘miscarriage of justice’ and pointed to multiple ‘failures of expertise’ from both Cheshire Constabulary and the Crown Prosecution Service (CPS).
He claimed that in failing to follow “all reasonable lines of inquiry” during their investigation, the force did “not follow the letter of the law or best professional practice”.
Letby, from Hereford, is serving 15 whole life orders after she was convicted at Manchester Crown Court of murdering seven infants and attempting to murder seven others between June 2015 and June 2016. The babies were attacked by various means while Letby worked as a nurse on the neonatal unit at the Countess of Chester Hospital.
Sir David referenced the case of Sally Clark who was arrested by Cheshire Constabulary in 1998 and charged with the murder of her two baby sons. She was subsequently convicted and sentenced to life imprisonment. “That conviction and sentence was overturned by the Court of Appeal in 2003 and recognised as a gross miscarriage of justice, and Sally Clark was set free, albeit after three years in prison,” Sir David said.
“However, her life had been destroyed, and just four years later she died from alcohol poisoning—the grief had driven her to drink, and it killed her. The destruction of an innocent person’s life was caused by the police, the prosecution and the court swallowing bogus statistical assertions by an alleged expert in her trial. That expert eventually resigned in disgrace, although that did not save Sally Clark.
“One would think that after that case, Cheshire police and the Crown Prosecution Service would have been very careful to avoid this happening again, and to abide by all the rules and guidelines designed precisely to prevent further terrible miscarriages of justice. Let us test exactly that premise.
“We are uniquely assisted in the process by the fact that the behaviour of the police and prosecution has been reviewed by two separate police officers, both extremely experienced in precisely this sort of case. The first is Dr Steve Watts, a former assistant chief constable who wrote the national police guidelines on the investigation of deaths in healthcare settings, and the second is former detective superintendent Stuart Clifton—the officer in charge of the investigation that led to the conviction of Beverley Allitt, one of the most prolific child murderers in healthcare history—who was actually commissioned by The Sun newspaper to confirm Letby’s guilt.
“Indeed, both policemen believed that Letby was guilty—that is, until they examined the hard facts, and both now believe that the Letby case is a serious miscarriage of justice.”
Sir David added that he would write to the Director of Public Prosecutions (DPP) to call for a review into the conduct of the force. The case is currently being examined by the Criminal Cases Review Commission (CCRC), which examines possible miscarriages of justice, following an application by Letby’s lawyer.
In response, policing minister Sarah Jones told the Commons that “a meticulous and very lengthy investigation” led to Letby being identified as a suspect and arrested.
She added that “there has been a proper process involving independent assessment by the CPS, trial by a jury, and two appeal processes that has resulted in the conviction and imprisonment of Lucy Letby”.
Ms Jones added: “We shouldn’t inadvertently undermine public confidence in the police – that is important and in the criminal justice system and we need to be very careful to avoid implying impropriety where none has actually been established, and I need to put that on record as well. Of course, [Sir David] has said that he is going to be writing to the DPP and he will take that through its course. But I just want to end by reminding the House that this country uses due process.
“There has been due process that has been followed in the convictions of Lucy Letby with a trial by jury and upheld on appeal, and I remain confident of that and also the effectiveness of the Cheshire Constabulary.”
A statement issued by the force in response to the allegations said: “Cheshire Constabulary strongly refutes all the points made during the adjournment debate. It implied impropriety on the part of Cheshire Constabulary where none whatsoever has been established.
“We remain confident in the integrity of the investigation, the conduct of the prosecution, and the decisions reached by the courts.
“Over the past two years the force has come under constant criticism and has been intensely scrutinised and subject to unpleasant opinion from a core group of individuals who appear to pride themselves on spreading misinformation, making baseless claims and attempting to destroy reputations.
“While scrutiny of policing is legitimate and welcome, it is essential that such scrutiny is grounded in fact and does not inadvertently cut across due process, ongoing legal considerations, or the independence of the judiciary.
“The constant noise surrounding this case, inaccurate or partial information being presented as fact and attempts to hi-jack the perceived narrative risk undermining public confidence not only in this case – but in the wider criminal justice system.
Public confidence is best served by evidence-based discussion and responsible commentary – not ill-informed personal opinions and inaccurate details. We are committed to victim-focused justice, public confidence, and the rule of law. Our thoughts remain with the families of the babies – who have always been at the heart of this case.”