Nurse to face retrial on attempted murder of baby next year

Neonatal nurse Lucy Letby will face a retrial on one count of attempted murder of a newborn baby next year.

Letby, 33, appeared via videolink at Manchester Crown Court on Monday where she heard that the Crown Prosecution Service (CPS) will not pursue a retrial on five of the six counts at this stage, after a jury was unable to reach a verdict on the charges last month following a 10-month trial.

Letby was found guilty of murdering seven babies and attempting to murder a further six while working at the Countess of Chester hospital between June 2015 and June 2016.

She refused to appear in the dock for her sentencing hearing where Judge Justice Goss handed her fourteen whole life orders in prison.

On Monday, Letby was permitted to appear in court via videolink from HMP New Hall, West Yorkshire, where she is in custody.

Wearing a blue tracksuit top, she sat on a chair with a toilet roll and glass of water beside her for the short hearing and spoke only to confirm that she could hear proceedings.

Prosecutor Nick Johnson KC said the CPS will not pursue a retrial on five counts of attempted murder of four babies, Child H, Child J, Child N and Child Q.

Those charges may be left to lie on file, a legal term which means the matter is essentially unresolved.

The CPS will seek a retrial on one count of attempted murder of Child K, a baby girl, however.

A provisional date has been set for 10 June 2024, with an estimated length of two to three weeks.

Judge Goss noted that Letby has sought leave to appeal her conviction and that he believes it will be necessary to know the outcome before the retrial goes ahead.

He asked Mr Johnson: “If it is the case that the application is successful then would that have any implication on whether there would be any retrial on the counts on which a jury did not reach a verdict?”

Mr Johnson confirmed: “It would make a difference.”

Jonathan Storer, Chief Crown Prosecutor, CPS Mersey-Cheshire, said: “These decisions on whether to seek retrials on the remaining counts of attempted murder were extremely complex and difficult.

“Before reaching our conclusions we listened carefully to the views of the families affected, police and prosecution counsel.

“Many competing factors were considered including the evidence heard by the court during the long trial and its impact on our legal test for proceeding with a prosecution.

“We have met with all the families affected by these decisions to explain how they were reached.”