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Lucy Letby’s Appeal Against Attempted Murder Conviction Denied

In a pivotal legal development, the Court of Appeal in London has denied Lucy Letby permission to appeal her conviction for the attempted murder of a baby girl. The former neonatal nurse, already serving 12 whole-life prison terms for the murders of seven infants, had sought to overturn the guilty verdict on the grounds that excessive negative media coverage prevented her from receiving a fair trial. However, after careful deliberation, the judges dismissed Letby’s challenge, sealing her fate behind bars.

A Courtroom Showdown

The two-hour hearing at the Court of Appeal saw Letby’s legal team argue passionately for her right to a fair trial. Her barrister, Benjamin Myers KC, contended that the “unadulterated vitriol” directed at Letby in the media prior to her retrial on the attempted murder charge had irreparably tainted the proceedings. He cited scathing comments from police detectives who labeled her as “evil, cruel and devoid of emotion,” as well as a senior prosecutor’s characterization of Letby as “devious, cold-blooded, calculated [and] manipulative.”

Where the police have embarked on a media campaign which undoubtedly this was … in such emotively charged circumstances against a background of multiple convictions for the most grave offences and where they knew a retrial was under consideration – we say that is unfair and should offend the court’s sense of justice and propriety.

Benjamin Myers KC, representing Lucy Letby

Myers argued that the trial judge, Mr Justice James Goss, should have halted the retrial given the “overwhelming and irremediable” public commentary following Letby’s original convictions. He pointed to 62 instances of hostile media coverage, including a television debate titled “Was Lucy Letby born evil?” as evidence of the pervasive bias against his client.

The Prosecution Fires Back

Nick Johnson KC, leading the prosecution, vehemently disagreed with the defense’s portrayal of the media landscape. He asserted that most of the public outrage had been aimed at hospital management for allowing Letby to continue working in the neonatal unit despite concerns raised by senior doctors. Johnson also pointed out that the bulk of the disapproving coverage appeared immediately after the original convictions in August 2023, a full 10 months before the retrial, and would have likely faded from potential jurors’ minds.

If ever this court wants evidence that publicity had no effect on this jury, this is it. Because this was very pro-Letby, anti-prosecution material circulating with significant traction on the internet in the weeks and days before the trial.

Nick Johnson KC, prosecutor

Interestingly, Johnson highlighted a “very, very pro-Lucy Letby” article published by The New Yorker shortly before the retrial, which gained traction after being mentioned in Parliament. He argued that this demonstrated the jury’s impartiality and ability to focus on the evidence presented in court, rather than media narratives.

The Judges Have Spoken

After hearing arguments from both sides, Lord Justice William Davis, Lord Justice Jeremy Baker, and Mrs Justice McGowan ultimately rejected Letby’s appeal bid. The former nurse, appearing via video link from HMP Bronzefield, remained stoic as the decision was announced, showing no visible reaction to the news that her conviction for attempting to murder Baby K would stand.

The appellate judges had previously denied Letby leave to appeal her original convictions for murdering seven babies and attempting to kill six others at the Countess of Chester Hospital’s neonatal unit. With this latest ruling, her legal avenues for challenging the verdicts have been all but exhausted.

A Narrowly Focused Appeal

Notably, Letby’s appeal centered solely on the argument that the retrial should not have proceeded due to the risk of “abuse of process” stemming from the intense public interest and media scrutiny surrounding her case. Her legal team did not attempt to challenge the wide-ranging concerns about the evidence that have emerged in recent months, opting instead for a laser-focused approach targeting the fairness of the retrial itself.

This strategic decision may have been influenced by the limited scope of the appeal hearing and the uphill battle Letby faced in persuading the court to overturn a conviction secured by a jury of her peers. By zeroing in on the potential impact of the media coverage, her lawyers likely hoped to find a chink in the armor of an otherwise formidable prosecution case.

A Definitive End to a Harrowing Case?

While the Court of Appeal’s decision may seem like the final chapter in the Lucy Letby saga, the case has raised broader questions about the media’s role in high-profile criminal trials and the challenges of ensuring a fair hearing in the face of intense public scrutiny. As Letby begins her life sentence, the debates sparked by her crimes and conviction are likely to continue, shaping discussions around the delicate balance between freedom of the press and the right to an impartial jury.

For the families of Letby’s tiny victims, however, the court’s ruling may bring a measure of closure and validation. The knowledge that their children’s killer will spend the rest of her days behind bars, with no further avenues for appeal, could offer a small measure of solace amid the unimaginable grief they have endured. As the nation grapples with the fallout of this unthinkable case, the memory of those innocent lives lost will forever serve as a haunting reminder of the evil that lurked within the walls of a place meant to nurture and protect the most vulnerable among us.