It must be that because her prior convictions were used as evidence, she would have been allowed to dispute them.It definitely surprised me they could have challenged the original convictions in the retrial. I’d love to know more about the law around this when her appeal was denied. Was it because the jury were allowed to be formally told of her convictions so she had a right to prove she didn’t? There was discussion about the burden of proof being on her now.
Could they have presented the evidence they tried to get in for the appeal? So called Dr Lee after all?
I know we all know why she had nothing to present but I wish someone in the media would pick up on this huge ‘opportunity’ she had 9 months after her first convictions and she did nothing about it. How many opportunities does one need to present her own medical evidence - original trial, appeal hearings, retrial, another appeal hearing.
It's easy to see why they didn't go down that route, because all this purported "evidence" wouldn't stand up in court (experts are not allowed to lie or mislead, their duty is to the court).
The prosecution countering with all their evidence would have made her look terrible. It would have only informed the jury of the solidity of the case against her and her monstrous crimes, at a time when the vast majority of the public are still unaware of the mountains of evidence, and when Letby was benefiting from positive propaganda in the media.
It was much better to focus on discrediting the eyewitnesses, which the whole charge is based on. Sadly for poor BM, Letby tanked her own defense, by going against her defense statement that Dr Jayaram was acting in bad faith, and by essentially agreeing with the anonymous nurse's eyewitness account that Lucy was present at the third tube displacement and was the first to raise the alarm.