Episode Details

The publication of Lady Justice Thirlwall’s Report of the Public Inquiry into the Events at the Countess of Chester Hospital 2015-2018 (https://thirlwall.public-inquiry.uk/the-report/#Summary-report-on-report-page) has reignited the sharply divided – and almost entirely uninformed - public debate about the safety of Lucy Letby’s convictions on 7 counts of murdering, and 8 counts of attempting to murder, new born babies in the hospital’s neo-natal unit between June 2015 and June 2016.

Without expressing any view on whether Letby was rightly convicted after a fair trial or is the victim of the greatest miscarriage of justice in English legal history, Ken Macdonald KC and Tim Owen KC discuss the core findings of the Thirlwall Report revealing, as it does, a catastrophic breakdown in management, governance and safeguarding across the hospital.  

They ask whether the Report vindicates the decision to continue the Inquiry announced in September 2023 after it emerged in February 2025 that a 14 strong panel of international medical experts had unanimously concluded that none of the deaths or alleged attempted murders was the result of homicidal action by Lucy Letby or anyone else.  And they identify the significant benefits of Thirlwall’s practical recommendations which apply regardless of whether Letby’s convictions are ultimately shown to be unsafe.

Ken and Tim also consider the bizarre announcement by two of  Letby’s “fresh” expert witnesses, British chemical engineer Helen Shannon and New Zealand Professor of Bioengineering Geoff Chase, that they have decided publicly to disassociate themselves from Lucy Letby’s legal team because of what they say are grave concerns about the arguments being advanced by other experts despite remaining of the view, as expressed in their own joint 100 page report, that neither of the convictions of Letby for the attempted murders of Babies F and L by insulin poisoning is safe.  They also assess the complex task that confronts the Criminal Cases Review Commission in determining whether to refer Lucy Letby’s case back to the Court of Appeal given the sheer volume of material that falls for consideration.

The duo conclude by anticipating the potential changes to the jury reform proposals in the Courts and Tribunals Bill when it returns to the House of Commons on 13th October and they  discuss the Government’s plan further to limit the possibility of judicial review challenges to key infrastructure projects." 

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Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain's legal and political future.    ​

What happens when politics and law collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain's legal and political system?  Get answers to questions like these weekly on Wednesdays.   ​

Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.    ​

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Ken Ma