Thirlwall inquiry has left biggest questions around the Letby case unanswered

Decision not to pause proceedings means £18m report does not engage with concerns over former nurse’s conviction

Just two months before Lady Justice Kathryn Thirlwall opened her inquiry into events at the Countess of Chester hospital and the crimes of Lucy Letby, a report by Chris Henley KC was published into the “atrocious” wrongful conviction of Andrew Malkinson for rape.

Henley prefaced that report with a plea for the legal establishment to recognise that the criminal courts produce miscarriages of justice. Right up to top judges in the court of appeal, Henley wrote, the system has “a deep-seated … cultural reluctance” to accept it “will on occasion make mistakes” and that “entirely innocent defendants will sometimes be convicted”.

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