What the jury did not see — the evidence now before the CCRC that was not before the court
Prosecution claim
The 2023 jury was presented with the evidence the prosecution and defence had available at that time. That body of evidence supported the convictions on each of the counts on which the jury returned guilty verdicts.
Counter-evidence
The body of evidence now before the CCRC is materially larger and structurally different from what was before the 2022–2023 jury. The jury did not see: the Shoo Lee International Expert Panel report (February 2025, signed by fourteen senior international specialists from eight countries); the Panel Additional 10 Cases report (June 2025); the Joint Expert Witness Insulin Report on Babies F and L (May 2025); the Thirlwall Inquiry evidence record documenting the unit's systemic strain, the RCPCH review's scope limits, the apology-letter sequence, and the executives' subsequent arrest on suspicion of gross negligence manslaughter; the independent paediatric-pathology re-readings; Prof. Richard Gill's and Prof. Peter Green's detailed statistical reports; Prof. Geoff Chase's physiological modelling; the clinical-psychology expert reports on self-blame notes; the family-court 'worthless' comment on Dr Evans's methodology; and the extensive peer-reviewed professional-literature response since February 2025. Each of these is new evidence within the meaning of section 13 of the Criminal Appeal Act 1995.
The jury decided on the evidence of 2023. The CCRC decides on the evidence of 2025 and 2026. Those are different decisions on different evidence. The 2023 verdict does not foreclose the 2026 question.
What the jury heard
The evidence adduced at the 2022–2023 trial and at the 2024 Child K retrial. None of the post-verdict independent expert material had been generated at those points.
What the Panel says
The Panel's existence and its signed findings are themselves among the material the jury did not see. The Panel convened after the verdict specifically because the medical evidence presented at trial did not, on independent review, support the conclusions the jury was asked to reach.
What independent experts add
- Shoo Lee Panel Report (3 Feb 2025) — fourteen signatories from eight countries.
- Panel Additional 10 Cases Report (Jun 2025).
- Joint Expert Witness Insulin Report on Babies F and L (May 2025).
- Thirlwall Inquiry evidence record (from Sep 2024 onwards).
- Independent paediatric-pathology re-readings (various authors, 2025).
- Prof. Richard Gill's 'tale of two Lucies' lecture (Mar 2024).
- Prof. Peter Green's published statistical commentary.
- Prof. Geoff Chase's insulin physiological modelling.
- Clinical-psychology expert reports on self-blame writing.
- Family-court judge's 'worthless' comment on a 2023 Evans report in an unrelated matter.
- Peer-reviewed neonatology journal response since Feb 2025.
- The July 2025 arrest of three former Trust executives on suspicion of gross negligence manslaughter.