Thanks for the mention. You are certainly not a conspiracy theorist and neither is Matthew Scott. But they do exist.
As you correctly say, none of us knows whether Letby was wrongly convicted. All we have to go on is the evidence.
I well remember the IRA bombings in England during the 1970s. I even had a visit from the police who were checking up on people, like me, who had moved house after one of the less well-known attacks.
And I helped cover the growing judicial acceptance towards the end of the 1980s that there had been some appalling miscarriages of justice. I was in the Court of Appeal (sitting at the Old Bailey) when the Birmingham Six were cleared in 1991 (see my book The Search for Justice, 1994).
Last month, in an interview with Chris Mullin for a forthcoming Archive on 4 documentary to mark the 50th anniversary of the Birmingham pub bombings, I read out Denning’s “appalling vista” quote to show that it was not only Denning who misjudged the reality but also Lord Lane CJ, among others.
The circumstances of these cases were very different. But of course the courts are not infallible, as Andrew Malkinson’s case demonstrates.
Fortunately, we have the Thirlwall inquiry gearing up for opening statements next month. Thirlwall LJ will not look directly at the safety of Letby’s convictions. But if the inquiry uncovers any other explanations for the murders and attempted murders of which Letby has been convicted, I am sure these will be considered by the Criminal Cases Review Commission and, if the commission thinks appropriate, by the Court of Appeal.
So your scepticism may well turn out to be justified. We shall see.
If the convictions are not actually safe then - as techies say - GIGO.
A report properly fulfilling the terms of reference cannot, it seems to me, question Letby guilt - if the Inquiry considers any alternative explanations as being outside of its remit.
You’re right to say that that the Thirlwall inquiry is predicated on Letby’s convictions being safe; as I said, it will not look directly at this issue.
But the inquiry will consider the conduct of those working at the hospital since 2012. If some other explanation emerges for what appear to have been unexpected deaths, I’m sure the Criminal Cases Review Commission will be interested.
I was at boarding school in the 70’s when the IRA blew up one of the masters houses. As someone growing up in Cricklwood I also witnessed the parades in support of fallen IRA fighters. In ‘79 I started working on the defence side of criminal law. I remember reading the Birmingham 6 CoA judgment just when a real understanding of how badly things can go wrong for people in our criminal justice system had begun to sink in. It has haunted me ever since. I am very grateful you decided to write this blog around the CoA’s judgment in the Birmingham 6 case - it’s something that shouldn’t be forgotten whilst we have an adversarial criminal justice system.
David,
Thanks for the mention. You are certainly not a conspiracy theorist and neither is Matthew Scott. But they do exist.
As you correctly say, none of us knows whether Letby was wrongly convicted. All we have to go on is the evidence.
I well remember the IRA bombings in England during the 1970s. I even had a visit from the police who were checking up on people, like me, who had moved house after one of the less well-known attacks.
And I helped cover the growing judicial acceptance towards the end of the 1980s that there had been some appalling miscarriages of justice. I was in the Court of Appeal (sitting at the Old Bailey) when the Birmingham Six were cleared in 1991 (see my book The Search for Justice, 1994).
Last month, in an interview with Chris Mullin for a forthcoming Archive on 4 documentary to mark the 50th anniversary of the Birmingham pub bombings, I read out Denning’s “appalling vista” quote to show that it was not only Denning who misjudged the reality but also Lord Lane CJ, among others.
The circumstances of these cases were very different. But of course the courts are not infallible, as Andrew Malkinson’s case demonstrates.
Fortunately, we have the Thirlwall inquiry gearing up for opening statements next month. Thirlwall LJ will not look directly at the safety of Letby’s convictions. But if the inquiry uncovers any other explanations for the murders and attempted murders of which Letby has been convicted, I am sure these will be considered by the Criminal Cases Review Commission and, if the commission thinks appropriate, by the Court of Appeal.
So your scepticism may well turn out to be justified. We shall see.
Joshua
Thank you Joshua for this considered and informative response.
The serious and obvious worry about the Thirlwall Inquiry is that it is expressly predicated on the Letby convictions being safe, see term of reference B at: https://thirlwall.public-inquiry.uk/wp-content/uploads/2023/11/Terms-of-Reference-Thirlwall-Inquiry.pdf
If the convictions are not actually safe then - as techies say - GIGO.
A report properly fulfilling the terms of reference cannot, it seems to me, question Letby guilt - if the Inquiry considers any alternative explanations as being outside of its remit.
You’re right to say that that the Thirlwall inquiry is predicated on Letby’s convictions being safe; as I said, it will not look directly at this issue.
But the inquiry will consider the conduct of those working at the hospital since 2012. If some other explanation emerges for what appear to have been unexpected deaths, I’m sure the Criminal Cases Review Commission will be interested.
I was at boarding school in the 70’s when the IRA blew up one of the masters houses. As someone growing up in Cricklwood I also witnessed the parades in support of fallen IRA fighters. In ‘79 I started working on the defence side of criminal law. I remember reading the Birmingham 6 CoA judgment just when a real understanding of how badly things can go wrong for people in our criminal justice system had begun to sink in. It has haunted me ever since. I am very grateful you decided to write this blog around the CoA’s judgment in the Birmingham 6 case - it’s something that shouldn’t be forgotten whilst we have an adversarial criminal justice system.
What a pleasure it is to read rational arguments put forward in a rational manner. Bravo, gentlemen.