Irish Examiner view: Blanket anonymity given in Lucy Letby trial is matter of concern

Identification is a fundamental necessity of open justice
File screen grab taken from body-worn camera footage issued by Cheshire Constabulary of the arrest of Lucy Letby. Picture: Cheshire Constabulary/PA

File screen grab taken from body-worn camera footage issued by Cheshire Constabulary of the arrest of Lucy Letby. Picture: Cheshire Constabulary/PA

The story of the mass baby killer Lucy Letby has multiple dimensions of horror and, as its diabolical complexities unfolded, we learned that she was the murderer of seven newborns and attempted the murder of six more.

But, in addition to the depravities, there are legal ramifications which, given the assiduous nature in which lawyers study the conduct and precedents of trials in neighbouring jurisdictions, should be a matter of concern.

For much of this hearing was conducted in secrecy, which only became apparent at the very end when the broad scope of anonymity orders was made clear. This was despite victims and families being legally named when Letby was arrested five years ago and meant that reporting was confined, confusingly, to a long list ranging from ‘Baby A’ to ‘Baby Q’ after she appeared in court in November 2020.

Not only was protection applied to victims. A number of key witnesses sought, and were granted, the cloak of invisibility from under which to provide their evidence.

Pro-forma applications requesting blanket anonymity were submitted on behalf of families and supported by Cheshire Police. Lawyers for several of Letby’s colleagues also made successful submissions, arguing that their clients’ mental health would suffer if they were identified.

One of those was the married doctor at the Countess of Chester Hospital with whom, the prosecution suggested, Letby had become infatuated when she began her killing spree.

‘Dr A’ said he had suffered from severe anxiety for four years and believed he would struggle to give clear and accurate answers in court if his true identity was revealed. He also said his children, who were doing GCSEs and A-level examinations, were unaware of his involvement.

‘Dr A’ provided his evidence from behind a screen at Manchester Crown Court. Five other members of the medical staff were also unidentified during the proceedings.

King’s counsel Geoffrey Robertson said the tradition of “open justice” had been abandoned “because witnesses and victims said they felt discomfort about being identified”.

He added: “The very fact that these secrecy applications succeeded will doubtless encourage more attempts to suppress information about what goes on in court.”

Such restrictions are not unknown in cases involving national security, terrorism, and serious organised crime but it is easy to see that any witness could argue that they may be traumatised by being required to provide evidence.

However, identification is a fundamental necessity of open justice. Some commentators have suggested that it is the corrosive effect of social media which leads to high anxiety. In which case, society is not only on the road to becoming ungovernable, but unreportable as well.

Women's football: Only way is up 

All those who are keen on self-improvement programmes will be familiar with the phrase “don’t be a dickhead”. And will recall that it was invented by the All Blacks.

It worked well for New Zealanders when they won two World Cups and has become part of that nation’s argot.

England's Georgia Stanway under pressure from Spain's Mariona Caldentey during the Fifa Women's World Cup final match at Stadium Australia, Sydney. 
England's Georgia Stanway under pressure from Spain's Mariona Caldentey during the Fifa Women's World Cup final match at Stadium Australia, Sydney. 

And how tempting it must have been to give it an airing when Gianni Infantino, president of Fifa, jetted in by private jet via New Caledonia, Tahiti, Papua New Guinea, Vanuatu, Solomon Islands, Fiji, Tonga, Cook Islands, Samoa, and American Samoa.

Infantino flew in to experience the Women’s World Cup, and his office asked if he could have a police motorcade, something typically reserved for visiting heads of state.

Although Infantino can be regal in manner, the Kiwis felt able to turn down the request after “assessing it against standard operating procedures”. Good for them.

Fifa may like to think of itself as a world power, but it is in reality a sporting body, and being reminded of that every day can do no harm.

Its figurehead did use his qualities as an inspirational speaker (“Today I feel Qatari, I feel Arab, I feel African, I feel gay, I feel disabled, I feel a migrant worker”, etc) to give a pep talk to women footballers about their future earnings prospects. “You’re pushing at an open door,” he told them.

This is a subject that will be of considerable interest to Ireland’s players. Funding of the sport here might easily be described as miserable and it is not that many years ago that our internationals threatened to go on strike, memorably complaining that they were forced to change in public toilets and share tracksuits with youth-team squads.

While progress is being made, it will be noted that the prize pot for this tournament was €100m, more than three times what was available in France in 2019, but only just over 25% awarded to last year’s men’s competition in Qatar.

Total revenues from this watershed moment in women’s football have been €525m. For women’s football, here and elsewhere, the only way is up.

Putin ban

Time was when the president of Russia liked nothing better than to disport himself in Africa and pose at the famous Cape of Good Hope sign in the Table Mountain National Park.

But when the 15th annual Brics (Brazil, Russia, India, China, and South Africa) summit starts in Johannesburg tomorrow, Putin will be the ghost at the feast.

The other members of the economic bloc — China’s leader Xi Jinping, Indian premier Narendra Modi, South African president Cyril Ramaphosa, and Brazil’s president Luiz Lula da Silva — are all expected to attend.

These are countries that provide a home to more than two fifths of the world’s population and hold reserves estimated at more than €4 trillion, most of it in China. Other states including Iran, Argentina, Saudi Arabia, and the United Arab Emirates have applied to join them.

Putin would be among friends. Unfortunately for Putin, there’s the small matter of an international arrest warrant out for him, so he will have to dial his contribution in.

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