Contribution
I thank my right hon. Friend for her point. However, in many ways the reason the Lucy Letby case is so important—over and above the fact that it is a miscarriage of justice—is that it highlights weaknesses in the appeal procedure and the procedure for selecting and managing experts. I am afraid that it also demonstrates that the regulations put in place by the CPIA and other Acts of Parliament were not followed in this case, and that is one of the fundamental problems today. I will come back to some of the solutions in a moment, but that is the central difficulty.
Finally, there is the question of how a police force should properly handle such complex cases, which comes back to the issue of checking that my right hon. Friend quite rightly raises. Dr Watts is clear:
“Significant investigations such as Op Hummingbird should be subject to rigorous review by independent detectives, typically from an independent police force, and best practice indicates that the officers conducting the review should be unknown to members of the investigation team.”
If such a review had been in place, it is unlikely that any of the breaches I have talked about so far would actually have happened.
I do not have time in this debate—I have had 20 minutes already—to list every egregious failure by Cheshire police, but given the Netflix documentary broadcast a little while ago, I want to pick up on the way the police treated Letby herself. They arrested Lucy Letby three times, claiming it was necessary for questioning, despite her freely volunteering to come in for questioning. Dr Watts—an assistant chief constable, let us remember—said: “That is completely wrong”. It is extraordinary that this unthreatening young girl was marched in in handcuffs, mirroring the way American authorities try to influence public opinion against suspects when they are perp walked to court. As Dr Watts said:
“The intelligence they had about Lucy was that she was nonviolent. There was absolutely no justification…for her to be handcuffed”
on those occasions.
Letby was also accused in court of lying about being arrested in her pyjamas, but the recent Netflix documentary proves that she was telling the truth. It is astonishing that the police officers in the court, who knew how she was dressed when she was arrested, did not intervene with the prosecutors to tell them that they had got it wrong, and instead left the jury to believe that Lucy was lying about something when she was plainly telling the truth. Frankly, it is astounding the lengths that Cheshire police was willing to go to in order to manage its own public relations—sometimes, I think, at the cost of achieving justice.
So there we have it. Despite the warning signs of the Sally Clark case, we see that Cheshire police has either ignored or broken the rules, disregarding relevant safeguards time and again. It failed to pursue alternative lines of inquiry; failed to refer the case to the appropriate specialist authorities; failed to conduct proper due diligence on the appointment of key expert witnesses; failed to engage with real experts about complex statistical evidence, and failed to correctly inform the jury of that fact; and failed on several occasions to disclose critical material to the defence.
On the evidence before us, there have been clear and serious departures from statutory guidance and multiple deviations from best professional practice. Because of the way the case was handled, I recommend that the police should provide Letby’s defence team with a whole series of documentation. Because of time, I will publish the full list online, but it should include: the senior investigating officer’s policy books and decision books; the records of identified lines of inquiry; logs kept by functional managers; and minutes of all meetings held, from the team meetings right up to the gold co-ordination meetings. That would at least start to demonstrate what went wrong here.
I should tell the Minister that irrespective of how Cheshire police responds, I shall be writing to the Director of Public Prosecutions about these issues and asking him to review the behaviour of both the CPS and the police.