
Letby barrister: US death row inmates have better shot at freedom than wrongfully convicted Britons
Since taking on the case of Lucy Letby, the barrister has been rocking boats in the legal establishment with a string of press conferences protesting the nurse's innocence and is refusing to keep a low profile.
'I have a black-tie reception here tonight with Lady Justice Thirlwall,' he says, speaking of the judge conducting the public inquiry into how Letby could have been stopped.
'Let's see if she talks to me.'
Mr McDonald believes keeping the case in the public eye is the only way to beat a system that is wholly stacked against those who are wrongly convicted. For him, the mills of justice are not just grinding slowly but are often coming to a complete standstill.
Letby is serving 15 whole-life orders after she was convicted of killing seven babies and attempting to murder seven others at the Countess of Chester Hospital between 2015 and 2016. She has already been in jail for five years.
This week, Mr McDonald submitted a 700-page report from a panel of world-leading experts to the Criminal Cases Review Commission (CCRC), which deals with potential miscarriages of justice.
The experts insist there were no murders or attacks, simply a perfect storm of poor care, prematurity and natural illness. The Telegraph is now calling for the CCRC to send the case back to the Court of Appeal.
'If I cannot prove, with all these experts, that these convictions are unsafe, then the criminal justice system is in a poor state of affairs,' said Mr McDonald.
'What it would mean is that if you're innocent and wrongly convicted in this country, you've got no chance.
'I spent a lot of time working in America with inmates on death row, and I am reaching the conclusion that if I was wrongly convicted I'd rather be an American than an English person.
'They have an effective court of appeal, because if they get it wrong someone dies. We all thought things would get better after the Birmingham Six or the Guildford Four. But it didn't, it actually got worse.'
If Mr McDonald is not toeing the line like a traditional barrister it is because he isn't one. He grew up on an inner-city council estate in Birmingham and left school at 16 to become a sheet-metal worker.
He later trained as an operating theatre assistant, working for the NHS for 14 years, which he says gave him first-hand experience of how things can go wrong in hospitals. He had to put himself through night school to gain the A-levels needed to study law.
In 2007 he founded the London Innocence Project, a non-profit working to exonerate those wrongfully convicted and helped found Amicus, a charity working to represent inmates on death row in the US.
After working in Palestine with the Bar Human Rights Committee he founded the Labour Friends of Palestine and the Middle East, and made an unsuccessful bid to become MP for Stoke in 2019.
He recently adopted two children with his wife Sarah Macken, the chief executive of Telespazio UK, who herself has stood as a Conservative candidate in Wolverhampton and East Ham.
The Letby case is a natural fit for Mr McDonald, who is also defending Ben Geen, a nurse serving 30 years for killing two of his own patients and harming 15 others at Horton General Hospital in Banbury in 2003 and 2004.
He has also fought hard to clear Michael Stone, who was convicted of the murders of Lin and Megan Russell and the attempted murder of Josie Russell in Chillenden, Kent in 1996.
Serial killer Levi Bellfield has confessed to the murders on two occasions, giving explicit details of the attacks, and a case review is ongoing. But Stone is still in prison despite there being no supporting forensic or witness evidence.
Similarly, nobody saw Letby do anything. Doctors became suspicious because she was on duty when each of the babies collapsed or died.
' There was no direct evidence, no forensic evidence, no CCTV evidence, no motive, no post-mortems identifying any issues and everything that happened at the time was seen to be a natural death,' said Mr McDonald.
'This is not the case where something went wrong at trial and the convictions are unsafe because of a problem with the way that the jury were directed, or something like that.
'This is a case where no crime was actually committed, which means she's innocent.'
Since her conviction, dozens of doctors, nurses, statisticians, law experts and scientists have come forward to criticise the way evidence was presented to the jury, including Lord Sumption, the former Supreme Court judge, who last weekend said Letby was 'probably innocent'.
Letby has already been denied the leave to appeal on two occasions, and the barrister is anticipating a lengthy review process. But he believes if the case is referred back to the Court of Appeal, the prosecution will have a far tougher job than last time.
His panel of experts includes Prof Neena Modi, a former president of the Royal College of Paediatrics and Child Health, Prof Mikael Norman, the founder of the International Society of Evidence-Based Neonatology, and Prof Helmet Hummler, the senior medical director for the European Foundation for Care of Newborn Infants.
'They're going to have to get experts of a far better quality than they had at trial to match that of the experts that have come forward because I have 24 of them, and I will call all of them because we have to expose what's gone wrong here,' he said.
'I mean, if you're a neonatologist working at Leicester Royal Infirmary would you want to go up against this lot? Because I'll fly them over from Tokyo and Sweden and Germany and Canada. I will call them all.'
Chester Police and the Crown Prosecution Service argue that Letby's original defence team could have called experts at her trial to make all the points that are now being raised.
Mr McDonald says it is not so simple. Experts are frightened to get involved in contentious cases, particularly baby killings, and some have been referred to the General Medical Council for speaking up in Letby's defence.
'In these types of cases you cannot use experts in England, they won't go against the establishment,' he argues.
'So you have to go to North America, you have to go to mainland Europe and unless you know that you are always going to get the wrong experts. They will do a report for you but they will always ultimately agree with the prosecution.'
It is notable that while Mr McDonald has been the public face of the campaign, Letby herself has remained largely in the background. She has never spoken about the case outside of the trial and police interviews and has refused requests to meet or correspond with journalists.
'She has read every report and she is on top of this completely, and she is feeling more hopeful,' he said.
'I've not gone down the path of talking about her as a person because that's what happened throughout the trial, they focused on her rather than focusing on the evidence.
'The evidence is she was one of the most experienced nurses on that unit. She loved her job. She worked all the hours God sends and did extra shifts.
'So yes, she was always there because that is what she did, that was her job, and yes she got the sickest babies because she was asked to look after the sickest babies, because she was one of the most experienced nurses.'
He added: 'I think one of the most concerning things is there but for the grace of God go any of us.
'Your child falls over and you take it to A&E and you get someone saying 'well I think this is a non-accidental injury', your child dies in the middle of the night and someone is saying you did it.
' Nurses don't want to work any more and frankly, I don't blame them.'
The CCRC can only refer cases to the Court of Appeal if there's a 'real possibility' that a conviction or sentence will be overturned.
But the Law Commission is consulting on whether that bar is too high and looks set to recommend that reviewers should focus on their own view, rather than trying to predict the court's response. The dial may be about to shift in Letby's favour.
The changes could not come soon enough for Mr McDonald.
'The criminal Court of Appeal needs massive reform, and I believe that there are innocent people in prison who are being failed by our system,' he said.
'There is still a reluctance to overturn what a jury has decided.
'I'm hoping now that in Letby they will see what I think many people in the country now see, that this is a concerning, unsafe conviction that needs to be overturned.'
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Scottish Sun
2 hours ago
- Scottish Sun
‘Suicide note' reveals potential ‘head injury' motive for NY shooting after gunman kills 4 in building containing NFL HQ
Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) AN apparent suicide note has revealed what could be the chilling motive behind why a gunman attacked a New York City skyscraper. Shane Tamura was found by cops having shot himself in the chest after he killed four in the horror attack just a 20-minute walk from Times Square on Monday. Sign up for Scottish Sun newsletter Sign up 8 Shane Tamura reportedly wrote a note saying he was battling a brain condition caused by playing American football Credit: Enterprise 8 Officials named Tamura of Las Vegas as the shooter 8 Office workers fled the shooting with their hands raised Credit: 8 Cops are now desperately trying to piece together why he carried out the sick shooting on 345 Park Avenue but believe they might have an answer, the New York Post reports. A three-page note was found on Tamura's body that horrifically presented a health battle caused by American football as his excuse. According to CNN, he wrote in it: 'Terry Long football gave me CTE and it caused me to drink a gallon of antifreeze. 'You can't go against the NFL, they'll squash you. Read more on US News NYC BLOODBATH Shooter kills four including cop after storming NYC skyscraper with rifle 'Study my brain please I'm sorry Tell Rick I'm sorry for everything." Tamura wrote that he suffered from the neurodegenerative disease chronic traumatic encephalopathy (CTE). CTE is linked to repeated head trauma and is only diagnosed through an autopsy of the brain. CTE has been a major issue for the NFL with a number of former players with the disease committing atrocious acts of violence. Terry Long, a former football player for the Pittsburgh Steelers, died by suicide after drinking antifreeze in 2005. Another horror case of CTE-violence was when former NFL tight end Aaron Hernandez was convicted of murdering Odin Lloyd in 2013. Teen arrested in University of New Mexico dorm shooting that killed 14-year-old boy & left 1 injured during orientation Former San Francisco 49ers cornerback Phillip Adams was also diagnosed with a CTE after he killed six people and then himself in an April 2021 shooting spree. Tamura had played football at high school in California where he was said to be a standout player. But former classmate Caleb Clarke told NBC that Tamura hadn't lived up to the promise he had shown. He said about his former classmate: 'The only thing I can really think of is there was a point where it looked like the sky was the limit, and then it wasn't anymore." What is CTE? CHRONIC Traumatic Encephalopathy is known as a brain condition that is often linked to repeated head trauma. The condition is diagnosed after death and is commonly found in pro-sports players due to concussions. Some symptoms of CTE include memory loss, confusion, impaired judgment, depression, anxiety, suicidal thoughts, and progressive dementia. These signs can begin to appear after years or even decades after the last brain trauma. A CTE scan is used to diagnose the brain disease after someone has passed away as there is no test to run while someone is alive. Doctors often slice brain tissue and use special chemicals to make the abnormal tau protein visible to examine for patterns related to CTE. The NFL occupies floors five to eight in the building - raising the possibility that he was targeting the sports organisation in the horror attack. But, Tamura shot and killed three in the lobby and then rode the lift to the 33rd floor offices of the company that owned the building, Rudin Management. The shooter got into an elevator after he spared a woman who had been inside the lift set to go up to the 33rd floor, according to CNN. Tisch said there were no indication that Tamura had prior connections to the real estate industry. Tamura had a history of serious mental health issues, according to NYPD Commissioner Jessica Tisch. Initial checks on the FBI's internal system found no information about Tamura, the New York Times reported, suggesting he doesn't have a previous criminal record. 8 Tamura was from Las Vegas 8 Cops are now investigating the motive behind Tamura's shooting The shooting happened in the same area of the city as where the United Healthcare CEO Brian Thompson was killed. NFL commissioner Roger Goodell said an NFL employee was seriously hurt in the violence. Goodell said: "As has been widely reported, a gunman committed an unspeakable act of violence in our building at 345 Park Avenue. "One of our employees was seriously injured in this attack. He is currently in the hospital and in stable condition." Other notable CTE-related deaths include the NHL's Todd Ewen who died by suicide in 2019 and the NFL's Ken Stabler who passed away in 2015 and was later diagnosed with a high Stage 3 CTE. Workers desperately ran for their lives in suits while those trapped in Blackstone's office built a barricade across the door with furniture. One off-duty NYPD cop and three civilians have tragically been killed in the shooting while a fifth person was wounded. The Wall Street Journal is reporting that a Blackstone chief was among those killed. 8 Blackstone workers barricaded the door to their office with furniture 8 The suspected shooter is seen entering the Manhattan building with a rifle Credit: Obtained by NY Post CCTV caught him exiting a double-parked BMW with an M4 rifle and walking across a public plaza into the 44-story building. The crazed gunman - clad in a bulletproof vest and with a silencer on his weapon - then sprayed the lobby with gunfire and killed the off-duty officer working a corporate security detail. The NYPD named the off-duty officer killed as Didarul Islam and paid tribute to the man who "represented the very best of our department". The department said: "He was protecting New Yorkers from danger when his life was tragically cut short today. "We join in prayer during this time of incomprehensible pain. We will forever honour his legacy." Tisch said of Islam - an immigrant from Bangladesh - that he "died as he lived. A hero." "He was doing the job that we asked him to do. He put himself in harms way. He made the ultimate sacrifice." Timeline of NYC shooting A gunman stormed 345 Park Avenue in Midtown, Manhattan, on Monday night killing four before turning the gun on himself. Cops are now investigating why the suspect Shane Tamura carried out the brutal attack and have released a preliminary timeline and are tracing back through his movements. July 26 - Tamura drives through Colorado in his black BMW July 27 - Tamura drives through Nebraska and Iowa. He also doesn't show up for work as a security guard at a Las Vegas casino July 28, 6.28pm - Reports of the shooting are first made to NYPD. Tamura had moments earlier double parked his car and walked across a plaza into 345 Park Avenue Once inside, Tamura shoots off-duty officer Didarul Islam working as security dead He guns down a woman cowering behind a pillar as he sprays the lobby with bullets Tamura walks towards the elevators where he shoots dead a security guard crouching at his desk Gunman spares woman's life after she walks out of elevator in front of him He travels up to the 33rd floor to Rudin Properties' office and fires as he walks the floor killing one Tamura shoots himself in his chest ending his life and ending the rampage 7.52pm - NYC Police Commissioner Tisch posted on X: 'the scene has been contained and the lone shooter has been neutralized.' If you or someone you know is affected by any of the issues raised in this story, call or text the 988 Suicide & Crisis Lifeline at 988, chat on or text Crisis Text Line at 741741.


Daily Mirror
3 hours ago
- Daily Mirror
Manhattan shooting: All we know about gunman Shane Tamura after New York attack
Shane Tamura has been described as a 'great guy' and talented American football player by former friends and coaches, who have expressed their shock at the mass shooting The gunman who brutally killed four people in a New York City office building has been identified as Shane Tamura. The 27-year-old travelled more than 2,500 miles from his home in Las Vegas to carry out the mass shooting at the skyscraper in Manhattan on Monday evening. At least four innocent people were shot dead, including New York Police Department officer Didarul Islam, before Tamura turned the gun on himself. Chilling CCTV footage shows the gunman exiting a double-parked BMW just before 6.30pm on Monday carrying an M4 rifle. He then proceeds to calmly march towards the building where he would carry out the violent attack, all while the huge gun is down by his side. Below, Mirror Online looks at exactly what happened on Monday night and explains what we know about gunman Shane Tamura so far. What happened? Police Commissioner Jessica Tisch told members of the media on Monday night that Tamura left Las Vegas on Saturday, July 26 and drove across several states to arrive in New York City on Monday. His vehicle, registered under his name in Nevada, was discovered at the crime scene with a rifle case, a revolver, ammunition, magazines, a backpack and medications prescribed to him. Surveillance footage shows the gunman getting out of his black BMW, which was double-parked on Park Avenue, and calmly strolling towards the building on 345 Park Avenue at 52nd Street in Manhattan, New York City. The building, which has 44 floors, is home to the headquarters of both the NFL and Blackstone, one of the world 's largest investment firms, as well as other tenants. Tamura entered the lobby of the building, turned right and shot dead Officer Islam. He then shot a woman who was hiding behind a pillar. The gunman then made his way to the elevator bank and shot a guard at a security desk and shot another man in the lobby, Ms Tisch said. He then took the lift to the 33rd floor offices of the company that owned the building, Rudin Management, and shot and killed one person on that floor. "He then proceeds down a hallway and shoots himself in the chest," Ms Tisch disclosed. What was the motive? Detectives are desperately trying to work out why Tamura carried out the mass shooting. Ms Tisch told reporters that cops have established Tamura had a history of mental illness and acted alone. "I cannot speak for any prior law enforcement contact to have had. I cannot, other than to say that, our partners in Las Vegas made us aware of a mental health history. Just two weeks ago," Tisch said during the press conference. It has since emerged that the shooter was carrying a note which suggested he had a grievance with the NFL and its handling of a brain disease linked to head trauma. The NFL has offices in the building and NFL Commissioner Roger Goodell confirmed on Tuesday morning that an NFL employee "was seriously injured in this attack". "He is currently in hospital and in stable condition. NFL staff are at the hospital and we are supporting his family," the commissioner said. According to the note found in Tamura's possession, a source with knowledge of the investigation told CNN that it said he suffered from CTE - a brain disease linked to head trauma. He also asked for his brain to be studied. 'Terry Long football gave me CTE and it caused me to drink a gallon of antifreeze,' the shooter wrote, according to the source. 'You can't go against the NFL, they'll squash you.' He continued in the note: 'CTE chronic traumatic encephalopathy. Study my brain please I'm sorry Tell Rick I'm sorry for everything." Investigators have confirmed that they looking into whether Tamura may have targeted the office building because of his mental illness potentially being linked to having played football. Shooter was a 'great guy' Tamura attended high school in Southern California, reports NBC News. A former high school friend of the gunman described him as a "great guy" and expressed their shock at the horrific act. Tamura is said to have been a decent American football player and a "good athlete". 'When I knew him, he was a great teammate. He was a great guy in general. He didn't cause any problems, actually at all, in the locker room or on the field. He was just a guy that really enjoyed the sport, not problematic at all,' the former friend told CNN affiliate KABC. 'When I found out the news, I was really shocked and I just really couldn't believe it,' the former friend said. Another childhood friend, who asked to remain anonymous, remembered him as a nice person and good athlete. The friend - who had lost contact with the shooter in his teens - said they didn't think it was something he would be capable of, reports CNN. According to NBC News, Tamura transferred to Granada Hills Charter School in Granada Hills, a neighbourhood in Los Angeles, in 2015 when he was a senior, coming from a school in Santa Clarita. Former classmate Caleb Clarke indicated that the shooter had recently been working at a casino in Las Vegas. Former football coach Walter Roby said Tamura was a talented running back and 'a great player'. He said: 'He came in, worked hard, kept his nose down. He was a quiet kid, well-mannered, very coachable. Whatever needed to be done, he would do.' Former Granada Hills teammate, Anthony Michael Leon, described the news as "shocking" and insisted he did not believe Tamura was capable of such an act. Tamura was said to be in the school's virtual programme so only attended the school a couple times a week outside of the football season. 'He was quiet, but when he did actually talk, people listened,' Mr Leon said.


Belfast Telegraph
6 hours ago
- Belfast Telegraph
‘It's just the unknown': Brother of Belfast man missing in France to fly to Paris to intensify search
Robert Kincaid, from the Tullycarnet area, was due to arrive in Dublin on the evening of July 17, but never boarded his flight. The 38-year-old oil rig worker was returning from a stint working at a west African site in Benin and was set to board his connecting flight from Charles De Gaulle airport in Paris. Louis Kincaid, Robert's brother, said that he had also previously worked in central Africa. His last known point of contact is understood to have been a video call with a friend made from a bar in the airport. Louis told this newspaper: 'I think he was in the airport bar having a chat basically. As far as I'm aware, there was nothing bad said, there was nothing suspicious said. 'They were just having a bit of craic over the phone. 'He's a very sociable person, but he could have met someone in the airport bar — we just don't know.' A friend video-called Robert again, although a stranger answered the phone instead. 'It looked like [they were in] a tin corrugated roof building. They basically said the phone [battery] was on 0% in broken English,' Louis explained. The second and final call made to Robert's phone was picked up by a woman, but the caller was unable to make out what was said before the line was cut off and has been uncontactable ever since. Messages to Robert on WhatsApp and other social media are also no longer being delivered. News Catch Up - Monday 28th July Louis added: 'We're in the dark. We went through the PSNI. We went through the embassy — they've done a fantastic job. I have to give credit to the two girls who are working there now. 'We're trying to get some details, but there are a lot of restrictions with GDPR regarding missing people and it's just roadblocks.' After contacting the PSNI, Louis was directed towards the French authorities, but has found difficulty making contact from Northern Ireland. Louis and a family friend will fly to Paris on Wednesday to meet with British embassy officials who will help the pair liaise with local police. 'There's going to be someone meeting us. 'The Foreign Office has organised someone to meet us, it's someone in the airport,' said Louis. 'They're going to help us with translation, and we're going to file an official missing persons report in Paris, and then we're just going to be going about, putting posters all around places.' Louis added: 'He doesn't have any contacts in France, but he is a very sociable person, he would make friends with anyone.' He explained that his family is growing increasingly worried as time goes on. Louis said: 'They're holding together, it's just the unknown. 'Mum's not really sleeping at the moment. It is starting to get to her as the days go on.'