A New Yorker article on convicted baby killer Lucy Letby has sparked controversy as it remains inaccessible to read online in the U.K., where the former neonatal nurse carried out her crimes and is serving time in prison.
The Context
Letby is currently serving 14 whole-life sentences for the murder of seven babies and the attempted murder of six others, making her the most prolific child killer in contemporary British history.
Ahead of a retrial in June on one count of attempted murder, Letby was the subject of an extensive 13,000 word article in The New Yorker, written by Rachel Aviv, that examines "serious questions" about the evidence in the trial. Titled: "A British Nurse Was Found Guilty of Killing Seven Babies. Did She Do It?," Aviv looked at "more than seven thousand pages of court transcripts, which included police interviews and text messages, and from internal hospital records that were leaked to [her]."
What We Know
A court order has blocked online access to the article in the U.K. because Letby will soon be on trial again and the court has banned the reporting of new material pertaining to the inquiry. This block has been implemented in order to prevent anything being published that could prejudice a jury.
Aviv's article is accessible to U.K. subscribers of The New Yorker's print edition and users of the magazine's app.
The Views
Speaking in parliament, U.K. lawmaker Sir David Davis, a member of the ruling Conservative Party and former minister, criticized the fact that the article is not able to be read in Britain, calling it a "defiance of open justice." Davis urged the government to review the court order.
Justice Secretary Alex Chalk responded: "Court orders must be obeyed, and court orders can be displaced by someone applying to court for them to be removed. So that will need to take place in the normal course of events."
Letby was convicted on August 21, 2023. She was found guilty of murdering seven babies between June 2015 and June 2016. Evidence found by police while searching Letby's house included a handwritten note that read: "I am evil I did this."
Newsweek spoke to Andrew Cornford, a senior lecturer in criminal law at the University of Edinburgh about the case. He said, "The United Kingdom has comparatively very strict contempt of court rules. The law prohibits any publication that creates a substantial risk of serious prejudice to active legal proceedings."
"The focus is on preventing risk of prejudice; there's no need to show that proceedings were actually affected, or that the publisher intended this result. Letby's retrial is scheduled for next month, so the timing of this article might be considered to create a substantial risk."
When asked how the release of this article could impact Letby's retrial, Cornford explained that, "When it comes to risk of prejudice, the law takes the view that prevention is better than cure. The judge will tell the jury to decide the case only on the evidence that they have heard in court."
"If necessary, they will direct the jury specifically to ignore the article. These steps will normally be considered enough to remove any risk of prejudice. English courts basically never find that prejudicial media coverage has made a fair trial impossible."
What's Next
Letby will face retrial in June for the attempted murder of a child in February 2016. The identities of all surviving and dead children in the Letby case are protected by a court order.
Letby has submitted a bid to challenge her convictions at the Court of Appeal.
Addressing lawmakers Wednesday after Davis raised Letby's case, the justice secretary said, "If there are grounds for an appeal, that should take place in the normal way."
Update, 5/16/24, 5:37 a.m. ET: This article was updated to remove some social media reaction.
Update, 5/24/24, 7:01 a.m. ET: This article was updated to include insight from Andrew Cornford.
Do you have a story we should be covering? Do you have questions about the Lucy Letby case? Contact LiveNews@newsweek.com
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
Marni Rose McFall is a Newsweek reporter based in London, U.K. Her focus is on U.S. politics, social affairs and ... Read more
