Hi guys, I followed Letby's trial on here with the excellent work of
@Tofino and others, and I posted intermittently during her trial. I am 100% convinced of her guilt - her own testimony completely condemned her. I haven't really been following the details of the calls for a retrial because I find it all completely distasteful. However, I just wanted to ask something that I picked up on here a couple of days ago: is it true that Letby isn't working with MacDonald on the appeal? I seem to have picked up on here that she has refused him access to her defence papers and other material not in the public domain already?
If this is the case, how does MacDonald justify this in terms of why she isn't fully behind them and wanting to co-operate with people who will supposedly prove her innocence?
I think what you’ve picked up on is her right to legal privilege.
So her trials and permissions to appeal were all done with Ben Myers KC. Myers and her defence team are not allowed to discuss her defence (what expert reports they received, what the reports said. why they didn’t call anyone to give evidence etc) unless she waives legal privileges.
McDonald is her new barrister (not a KC) working on her case going forwards. It’s no longer Ben Myers. But Letby hasn’t waived privileges (confirmed by McD) so he has none of that information on her previous defence strategy.
What this means, is when McDonald presents to the CCRC or Court of Appeal his ‘new evidence’, one of the first things he will be asked is why this wasn’t called at trial originally. Is it really new? Or did you already know this and chose not to call it?
And I think his only answer will be ‘I don’t know, Letby won’t tell me’ although he will try to fluff around it.
It sounds like it will make it very difficult for him to argue her case that this is new evidence. Expert shopping is also frowned upon. A new expert opinion on the same evidence called at trial is not new evidence . But it isn’t stopping him from trying.
We have discussed why, if you are innocent, would you not allow your new defence barrister to know absolutely everything that happened in the original trials. You would want them to look at every little thing to see if anything went wrong or something was missed that he could use.