David Davis
MP for Goole and Pocklington · Conservative · United Kingdom
“On a point of order, Madam Deputy Speaker. May I start by congratulating my right hon. Friend the Member for New Forest West (Sir Desmond Swayne) on putting a Bill in front of the House that has support from literally everybody in the Chamber?”
“The Post Office Horizon scandal highlighted the institutional instinct to find a convenient scapegoat. Innocent people paid the price, while the institution sought to protect itself. If the Thirlwall inquiry asks too narrow a set of questions, systemic NHS failures will go unexamined.”
“Last month’s sentencing of Nicola Sturgeon’s husband exposed the real reasons behind the Scottish Government’s persecution of Alex Salmond. From 2010 to 2022, Peter Murrell abused his position to embezzle almost £500,000 from the SNP to buy luxury items. He used SNP money to buy a £33,000 Volkswagen Golf.”
“The consultants also reported that in the two months since the change infants have been sick but recovered as expected.” The report highlighted deficiencies in staffing levels, leadership and communication, but, in the trial, it was not shown to the jury—they knew nothing of it.”
“One of the nurses let go later described it as “the decimation of the Nursing and Midwifery service”, adding that “eight registered nurses...were replaced with nursery nurses...unqualified staff are replacing qualified staff”.”
“There was little space, cots and incubators were stored in corridors, and mothers struggled to find somewhere to breastfeed their babies. Susan Gilby, the hospital’s chief executive between 2018 and 2022, later described the unit as “dark, dingy and cramped”, providing a “less than ideal” environment to work in.”
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“That is absolutely right. My concern is that the reason we have so many excess deaths is not poor doctors or poor nurses, but poor management. We have really, really poor national health service management. To put it starkly, poor management effectively kills 15,000 people a year. If we improved that number, we could get within range of our comparator nations. That is a huge number of people, and we could do quite a lot about it if we set our mind to it. Experiments within the health service now demonstrate that. Just over the river at St Thomas’, a high intensity theatre programme triples the number of people who can be put through an operating theatre or under the hands of one surgeon in a day.”
“Interestingly, the hon. Member for Edinburgh South West (Dr Arthur) thought otherwise.”
“The head of the diplomatic service, as we heard this morning in the Foreign Affairs Committee, was not even consulted. Why? Because within the London establishment, a ludicrous self-deception had taken hold—that the peculiarities of the Trump Administration could be countered by the peculiarities of Peter Mandelson.”
“That mindset, which I am afraid constitutes a sanctimonious arrogance sustained by a habit of believing their own propaganda, is precisely what led to the appointment of a deeply unsuitable individual as our ambassador to Washington: a man twice dismissed after scandal; a man now under formal investigation by the European Union’s anti-fraud office; a man who had an extraordinary relationship with a convicted paedophile; a man driven, above all, by a pursuit of glamour, money and status; a man who turned amorality into an art form—and, in addition to that, a man plainly compromised by over-close relationships with the proxies of both the Russian and the Chinese Governments. Together, those facts should have made this appointment unthinkable, yet the concerns were brushed aside.”
“The responsibility for absolute honesty rests most heavily on the Prime Minister, so the standard that should be met by the Prime Minister is even higher than that applying to others. Recklessness with the truth from any Minister is unacceptable; from the Prime Minister, it is indefensible. All political parties have their inherent flaws—and I am not going to spend a whole day talking about mine—but the origins of this situation lie in a stance often taken by Labour MPs, which is that good intentions somehow justify bad decisions. It is a case of saying, “We mean well, so our mistakes do not matter” or, worse, “We mean well, so we should be forgiven for anything”, whether it is freebies or wrong appointments or whatever.”
“At the risk of expulsion from my own party, I will admit to having hoped after the election that this Prime Minister would succeed, because it was in the interests of the country that he did so, but in some ways even more importantly, it was in the interests of our democracy. There is already extant throughout the western world a corrosion of belief in democracy; that goes on and on, and this will make it worse. We are here today for a simple reason. Statements made by the Prime Minister in this Chamber are at odds with those provided by the civil service on the material issue of Peter Mandelson. This matters. It is not a stunt. Honesty between Ministers and Parliament is fundamental to our democracy. Without it, scrutiny fails. Without it, accountability fails. Without it, trust fails.”
“Sometimes the wisdom of the House is crystallised in the comments of us ordinary Back Benchers. That was particularly evident today in the brave speech of the hon. Member for South Shields (Emma Lewell) and, indeed, the intervention of the hon. Member for Birmingham Perry Barr (Ayoub Khan) on the Leader of the Opposition. Both Members said, in effect, that what we have lived through in the last several months is a tragedy—not just for the House, not just for the Government, not just for the Labour party, but for the trust in government, and in our democracy among ordinary people.”
“One Member—I cannot remember his name, or see him in the Chamber—tried to suggest earlier that pressure on time was different from pressure on outcome, but when vetting is involved, it is not. My first positive vetting took six months. Now, I know I have unreliable friends, but I have fewer, I think, than Lord Mandelson. It would have taken quite a long time to get to the bottom of all the issues relating to Lord Mandelson. Saying “You’ve got to do it quickly” is the same as saying “You’ve got to do it shoddily.” Let us not lose sight of that.”
“That is entirely true, and in fact, the current Trump Administration made the same point to the Government before the nomination of Peter Mandelson. That perverse logic led to the most obviously unwise public appointment in modern times, and the implied message, unfortunately, was clear: “Government appointments rest on networks of patronage; great offices of state are perks to be handed out to friends.” It is systemic. They even tried to secure an ambassadorial appointment for Lord Doyle, a man so unsuitable that he has even had the Whip withdrawn. Mandelson’s unsuitability was evident before vetting began. It would have been surprising had the vetting service not found grounds to reject the appointment. I suspect that No. 10 knew that, and leant on the Foreign Office to ensure that the outcome was secured quickly and without question.”
“Much has been made of Boris Johnson’s appearance before the Committee of Privileges, and I am famously a fan of Boris Johnson. When a similar motion was brought to this House on whether the matter should go to that Committee, it was clearly recognised at the time that we were not delivering a verdict, but deciding whether there was a case to be answered. At the time, I made it very plain to our Whips Office that I would not countenance any attempt to block a proper investigation into a House of Commons matter. I was by no means alone; a number of other colleagues made the same argument. As a result, the Government of the day accepted that it was a House of Commons matter. It is improper for the Government to intervene in such a matter to try to guide the House. Accordingly, the motion passed without a Whip, and without a Division.”
“Rather than addressing concerns directly, the Prime Minister proceeded regardless, and only later sought to justify his decision with answers that were, I am afraid, frequently misleading. As a former Director of Public Prosecutions, he should have known better. What began as a mistake evolved into something more serious. A failure turned into a defence, a problem became a pattern and, ultimately, the situation now looks like a cover-up. But as we have already heard from my Front Benchers and a number of other speakers, today is not about determining guilt; it is about determining whether there is a case to answer. Finding the truth and adjudicating guilt is the task of the Committee of Privileges, which has both the time and the access required to examine the evidence in full.”
“The civil service was placed under extreme pressure to deliver outcomes that sat on the margins of propriety. When concerns were raised, they were not confronted but sidestepped. As usual in No. 10, an attempt was made to place the blame on somebody else. Even in this week’s New Statesman , which is traditionally a banner carrier for the Prime Minister, there is a quote—I think it is in Tom McTague’s article—from a senior Government official who goes on at length against the Prime Minister and ends by saying: “Ask Chris. Ask Sue. Ask Morgan. Ask Olly. He will say he takes responsibility, but then he makes everyone else pay.” That is what we are looking at.”
“There are three instances where the Prime Minister made questionable statements: his insistence that there was no pressure, when there evidently was; the two versions he gave of when he saw the vetting file; and his assertion that due process was followed, when it clearly was at odds with the process described by both the Cabinet Secretary and the permanent secretary for the Foreign Office. The Prime Minister made a deeply questionable decision. We cannot know for certain whether it was due to cronyism, a misunderstanding of the role or excessive leniency towards a member of his own party—something he would never have tolerated, and quite rightly, from any other party. Whatever the explanation, the conclusion is unavoidable: the decision was wrong. To implement it, established procedures were bent out of shape.”
“For career ambassadors, developed vetting happens for every new post. If someone goes to become the ambassador in Tehran, they are DV-ed. If they then go to become ambassador in Washington, they are DV-ed again—but at that point, the vetting is an update, so it is lower risk. By definition, our ambassadors are, generally speaking, low-risk security personnel anyway. That is plainly not the case for a high-risk figure like Peter Mandelson. Indeed, frankly, it is hard to imagine a higher-risk appointment to a post that, as my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) said, is of the utmost sensitivity. To appoint first and vet later is not due process, and it is certainly not prudent. It is a gamble with national security and a risk to our single most important alliance.”
“23.] Those two statements are incompatible—again, a free-standing failure of the rules. What is more, that chaotic clash of opinions reinforces the impression that, far from “following due process”, as the Prime Minister has maintained on a number of occasions, No. 10 was effectively making it up as it went along. As we have already heard from the Leader of the Opposition, the then Cabinet Secretary, Simon Case, issued explicit advice on 11 November 2024: secure the “necessary security clearances…before confirming your choice.” That was reinforced this morning by Sir Philip Barton, who said of the correct process: “The normal order is vetting and then announcement.” Normal due process was clear, but the Prime Minister did the opposite. Claims that this was normal defy common sense.”
“If that was the only issue, it would justify being referred to the Committee of Privileges—in order to resolve what the exact truth was—but it was not the only issue. Plainly, if the Foreign Office is right, the Prime Minister is wrong—and, on that timetable, actually, deliberately wrong. Let us take some other occasions. On 4 February this year, the Prime Minister gave an unambiguous impression, when asked about Epstein’s coverage in the security clearance, that he had seen Peter Mandelson’s security vetting file, but in April he told the House that on 14 April he “found out for the first time” that Mandelson had been granted “developed vetting clearance, against the specific recommendation of the United Kingdom Security Vetting that developed vetting clearance should be denied.” —[ Official Report , 20 April 2026; Vol. 784, c.”
“Sir Philip Barton was asked this morning about delay, attitude and pressure; when asked at the Foreign Affairs Committee if he recalled “any dismissiveness in No. 10 about the importance” of Mandelson’s vetting, Sir Philip—Sir Olly Robbins’ predecessor—described No. 10 as “uninterested” in his security clearance. The evidence that Sir Olly Robbins gave was that, throughout January, there was “constant pressure” and an “atmosphere of constant chasing”. Yesterday, Ian Collard, the former head of the Foreign Office security team, corroborated Sir Olly Robbins’s account. Just this morning, again, Sir Philip Barton repeatedly emphasised that there was pressure to secure Mandelson’s vetting clearance within a “very compressed timescale”, yet the Prime Minister told this House only a week ago that “no pressure existed whatsoever”.”
“My right hon. Friend is exactly right. Indeed, it is worse than that, because this post is the nexus of the entire Five Eyes intelligence co-operation. Our service is not like that of the Americans. In the American embassy, the CIA is freestanding; the ambassador does not matter. In our service, the ambassador runs the local secret service element, as it were, so he or she is entirely responsible and has entire access. That is an issue with the Americans in particular, because they are incredibly sensitive about the corruption, or the undermining in any way, of the security of that arrangement, so we could actually have put the whole Five Eyes co-operation arrangement at risk—but my right hon. Friend has led me off on a completely different tangent. I come back to the general point.”
“In a debate about misleading the House, it makes me wonder when Members of this House accuse others of not voting on a motion that did not lead to a vote, so I will not take an intervention. I will certainly not take an intervention from the hon. Gentleman. He is a noise maker, not a truth issuer . On the evidence before us today—contradictions, procedural failures and an emerging pattern of conduct—there is plainly a case for referral. Where doubt exists, it should be resolved through proper scrutiny. Where a case exists, it should be tested. This case should go to the Committee of Privileges, and go today.”
“On a point of order, Madam Deputy Speaker. This is a rather more mundane point of order. Last Thursday, my website, provided by the Independent Parliamentary Standards Authority, was compromised. Malicious links were inserted, redirecting users to south-east Asian gambling websites. I guess it could be worse. We took the site down immediately. It was restored, but then came under a sustained distributed denial of service attack traceable to China. In just 24 hours, the site was hit with 142 million requests, consuming nearly 800 gigabytes of data. This is not a minor nuisance; it is direct interference with a Member of Parliament carrying out his duties. What are the House and the House authorities doing to prevent these kinds of attacks on Members’ websites, and to help MPs protect themselves against interference by a foreign state?”
“He went on to say: “I cannot conclude this judgment without expressing my surprise that legal aid funding was made available to mount such a challenge”.”
“Friend the Member for Brentwood and Ongar (Alex Burghart), read out some of the judge’s comments in that case; I will take things a little further. What happened in the Coagh firefight was that the IRA plotted to murder an Ulster Defence Regiment soldier. In the process of doing that, they were hit by an SAS patrol. The IRA terrorists all died, and an inquest found that the SAS actions were all entirely lawful. So what happened? One of the IRA members’ family used taxpayers’ money—legal aid—to force a judicial review. The judge threw that out, stating: “In this challenge, this Court is being asked to slow the passage of time down, to analyse events in freeze-frame… It is ludicrous to suggest that this court should analyse the events of the day in question in that manner”.”
“The recent revelation that the Attorney General, Lord Hermer, pursued cases against our soldiers, despite knowing that the allegations might be false, is indicative, I am afraid, of the attitude of this Government to the rights of our soldiers, as was the Secretary of State’s response to my right hon. Friend the Member for South West Wiltshire (Dr Murrison). The attitude is one of undermining our soldiers at home while they fight abroad, and the same will happen under this Bill. We have already had a rehearsal or a preview of what is to come. This month’s Court of Appeal judgment in the case of Soldier B in the Coagh firefight is a perfect illustration. The shadow Northern Ireland Secretary, my hon.”
“I draw the attention of the House to my entry in the Register of Members’ Financial Interests and, given what I am going to say, to the fact that I was a trustee of the SAS Regimental Association for two decades up until a few years ago. This Bill was sold to the House and the country on the premise that it would deliver human rights and the rule of law. As the House knows, I pay great attention to human rights and the rule of law—so much so that I defeated my own Government in court on exactly that issue—but what we have here is neither human rights nor justice. It is a perversion of rights and a travesty of justice. The Government clearly have made promises to Sinn Féin, to IRA families and to would-be rewriters of history, including the Irish Government, putting those ahead of the interests of our soldiers.”
“I note that the Minister for the Armed Forces is not here for the vote, and I entirely understand why: he wants to avoid association with this disgraceful legislation. If he cannot vote for it, neither should we. We should reject this disgraceful Bill out of hand.”
“He believes that there should be proper rule of law, which is not provided by the Bill. Indeed, given his history and his views, I would say that he has a better claim to have defended justice in our country than anyone in the House, and certainly than those on the Government Front Bench. What happened in that case is just a rehearsal for what will come if the Bill goes through. If it is passed, hundreds more—and I mean hundreds—will follow. This Bill puts the interests of the Irish Government, Sinn Féin and IRA apologists above those of our veterans, and would put rewriting history ahead of providing proper justice. It is unpatriotic, disingenuous and dishonourable. It satisfies no one. It solves nothing. Everything it touches, it makes worse.”
“No, but it is simply the rule that in Northern Ireland, it is easier to get legal aid for these issues. I can see that there was a reason for that in the past, but it has, in effect, perverted the course of justice in a case where soldiers did nothing more than their duty. That is what is going to happen under this Bill, too, because the case went on to appeal. If anything, the judge struck down that appeal in even more robust terms than the previous judge. A brave, patriotic, honourable soldier was dragged through three courts over several years, in gratuitous actions that were funded by the taxpayer. I say “brave”, “honourable” and “patriotic”; these are not casual words. I have known Soldier B for 30 years. As well as being a brave soldier, he is a firm believer in the rule of law. He does not believe that there should be exemptions.”
“I thank the Minister and I welcome what he has just said, but the infected blood scandal left thousands of people with severe lifelong injuries. Many of them have waited decades—some nearly half a century—for justice, and with every week that passes the likelihood that any of them will die goes up. As I am sure he is aware, IBCA announced last week that it will contact 100 people a week to begin claims, but that is not quick enough for the 18,000 people involved. It has dealt with roughly 3,000, who have been paid already, but 15,000 of the 18,000 are still waiting. Victims and families deserve compensation, and quickly, so what can he do to speed up that process?”
“St George’s day is certainly a day to celebrate patriotism. This morning, The Daily Telegraph reported that the Attorney General, when he was in private practice, voluntarily gave advice on the pursuit of British soldiers over alleged war crimes—allegations that turned out to be bogus. The article says that he realised those claims could be bogus early on in the process. That brings into question his impartiality in advising the Government on matters of human rights law as they apply to soldiers. He should therefore recuse himself from giving advice on those matters generally, but especially on the Northern Ireland legislation, which as it stands will victimise more British soldiers. Can we have a debate on Government legal advice and the shameful misuse of human rights law in pursuit of our soldiers?”
“Are we going to take a significant risk with the Five Eyes relationship? Of course we are not. It should be clear, on public data alone, that this man is, or was, a significant risk. Indeed, the propriety and ethics team in the Cabinet Office flagged to No. 10 most of the issues I have just described before this process started. Mr Speaker, forgive me for being so direct, but we should remember that Peter Mandelson is a man who has proven that he is greedy for money, greedy for glamour, greedy for status and greedy for power, and that he is willing to break the rules to get them. That is the key point: he is willing to break the rules to get them. Such a man is a classic security risk in the face of Russian or Chinese kompromat, not to mention the risk posed by his known involvement with Epstein.”
“Friend the Member for North West Essex (Mrs Badenoch), the leader of my party, Mandelson was also a non-executive director of Sistema, a Russian arms dealing company led by a Putin ally. When he stood down from his role at Sistema, he took a large shareholding, which he kept for some time. All of this is in the public domain. It was in the public domain before Mandelson was appointed. There were links to China, too. I can list them over and over again: TikTok, which is owned by the Chinese state; and Shein, which is based on Uyghur forced labour. Of course, he also called time and again for closer Anglo-Chinese relationships. When appointments such as these are made, it is not a judgment beyond reasonable doubt. It is not even a judgment based on the balance of probabilities. It is a judgment on significant risk.”
“Of course, the answer to both those questions is an emphatic no. It was abundantly clear to anyone taking that decision that he was a significant security risk. He was a man who had twice been forced to resign from Government and who had known links to a paedophile. Mandelson was also closely associated with the Russian oligarch Deripaska, a man who had been responsible for the deaths of 100 people and was personally responsible for murders and extortion. Mr Mandelson—Lord Mandelson, as he was then—spent weekends with Deripaska in his dacha and in Moscow. He did this at weekends, of course, because the EU does not record where its commissioners are at the weekend. That is the sort of background we are talking about. As we heard from my right hon.”
“She was highly regarded by the State Department and the White House; indeed—contrary to what the Lib Dem leader said—so much so that President Trump called the Prime Minister to urge him to keep Pierce while expressing concern about Mandelson in one of three calls from the White House on her behalf and against him. She was a high-class, high-performance, zero-risk choice. Against that, we had the London establishment’s view that Mandelson’s amoral dark arts would somehow make him a good ambassador—a view typically espoused by people with no idea of what makes a good ambassador. Among the questions before us in assessing the Prime Minister’s judgment is whether Mandelson was a better appointment than Karen Pierce and, if so, whether the benefit of that appointment was sufficient to outweigh the clear risks.”
“Our ambassador in Washington stands at the nexus of the Five Eyes, with more classified intelligence crossing his desk than crosses the desks of most Cabinet Ministers. It is obviously one of the most important appointments the Prime Minister makes, but it is also one of the most sensitive. A security failure in that post could seriously jeopardise the Five Eyes relationship—the Americans are notoriously twitchy about security—so the appointee’s conduct before the appointment must be beyond reproach and their trustworthiness must be impeccable. One of our best ambassadors, Karen Pierce, was already in place.”
“That is the public information. If the hon. Gentleman wants to get into the argument between UKVS, which we are now told was saying the risk was marginal, and No. 10, who are saying that the strike-off is a red, he can do that. I am talking about public data, and about what we should know before we start the process—”
“It is as plain as a pikestaff. So where do we go from here? We have a Prime Minister and a Government in power who are making decisions in the interests of their own clique within their party, and in doing so they are putting the United Kingdom at explicit risk. The Prime Minister should resign.”
“It was because Mandelson was a leading member of the new Labour aristocracy, full stop. It was not talent, but connection. It was not even in the national interest. Plainly it was not even in the Labour interest. It was in the interest of a Labour clique. Mandelson’s appointment was a decision made with complete disregard for the known risks, which explains the Prime Minister’s lack of curiosity about the vetting. It was not a lack of curiosity; he did not ask because he did not want to know. The former Cabinet Secretary warned the Prime Minister that he should secure Mandelson’s security clearance before any appointment. He was warned on 11 December 2024 by the Cabinet Office about Mandelson’s public past. On 11 September last year, No. 10 was asked by a journalist whether Mandelson had failed developed vetting. No. 10 knew.”
“No, no, the hon. Gentleman has had his go. Sit down. No. 10 has chosen to ignore these things, and that is critical. We have heard about the pressure that was being put on the Foreign Office over and over again. Forgive me again, Mr Speaker, for this direct quote, because it is obscene. The Select Committee Chairman recounted today how Morgan McSweeney called Sir Olly’s predecessor and told him to, “Just fucking approve it.” Speaking in the Committee, Sir Olly made it clear that he was under “constant pressure” in an “atmosphere of constant chasing”. Why? We already know that it was not because Mandelson was a materially better candidate than Karen Pierce, the brilliant, well-established, highly regarded incumbent with excellent connections to the White House.”
“I came in to watch the Committee. Sir Olly actually said that the advice he was given by his director of intelligence was “borderline”. One issue that was not clear was whether the pressure from No. 10 was simply on him or on all members of the channel, down to lower levels.”
“That was the advice then; why did the Prime Minister not follow it?”
“The Prime Minister rebuffed first the Leader of the Opposition and then the leader of the Liberal Democrats for saying that the then Cabinet Secretary’s advice to the Prime Minister was to get the clearance before the announcement. I will read one sentence from a document entitled “Options for HMA Washington”, from the Cabinet Secretary of the day to the Prime Minister personally. It states: “If this is the route that you wish to take you should give us the name of the person you would like to appoint and we will develop a plan for them to acquire the necessary security clearances and do due diligence on any potential Conflicts of Interest or other issues of which you should be aware before confirming your choice.” The House does not want to hear about what Mr Wormald said a year later.”
“What steps are the Secretary of State and the Minister taking to prevent NHS leaders who have failed in one role from being moved to a different post within the NHS?”
“Following on directly from the Secretary of State’s comments to my right hon. Friend the Member for Herne Bay and Sandwich (Sir Roger Gale), last month two national health service trusts in my constituency were found to be among the worst in England, one of them actually the worst. NHS England will now be brought in to turn those trusts around. However, the former chief executive of those trusts, who was responsible for overseeing their decline and was terminated in that job, has been promoted as the NHS turnaround manager for Yorkshire. Supposedly, he will be the man to correct the problem he created. That is by no means the first time that people have been found failing upwards in the national health service.”
“Can we therefore have a debate on the national health service’s habitual strategy of failing upwards managers who have let down our constituents?”
“This morning’s papers report that my two national health service trusts are the worst in the country. One of the more stupid proposals of the management of one of those trusts was a plan to downgrade Goole and District hospital in my constituency. Under the leadership of the former chief executive, one Jonathan Lofthouse, those underperforming trusts repeatedly lied to me, so the House will not be surprised to hear that we had some robust conversations. Mr Lofthouse was then put on gardening leave at the astonishing salary of £285,000 a year. I would have sacked him out of hand; instead, he is now NHS England’s director of turnaround and recovery for my region, the very body tasked with fixing the failing trusts of which he was a cause. This is the institutional rewarding of failure, and it is by no means the first time.”
“The first is Dr Steve Watts, a former assistant chief constable who wrote the national police guidelines on the investigation of deaths in healthcare settings, and the second is former detective superintendent Stuart Clifton—the officer in charge of the investigation that led to the conviction of Beverley Allitt, one of the most prolific child murderers in healthcare history—who was actually commissioned by The Sun newspaper to confirm Letby’s guilt. Indeed, both policemen believed that Letby was guilty—that is, until they examined the hard facts, and both now believe that the Letby case is a serious miscarriage of justice.”
“One would think that after that case, Cheshire police and the Crown Prosecution Service would have been very careful to avoid this happening again, and to abide by all the rules and guidelines designed precisely to prevent further terrible miscarriages of justice. Let us test exactly that premise. We are uniquely assisted in the process by the fact that the behaviour of the police and prosecution has been reviewed by two separate police officers, both extremely experienced in precisely this sort of case.”
“In 1998, Cheshire police arrested Sally Clark and charged her with the murder of her two baby sons. In 1999, she was convicted of their murder and sentenced to life imprisonment. That conviction and sentence was overturned by the Court of Appeal in 2003 and recognised as a gross miscarriage of justice, and Sally Clark was set free, albeit after three years in prison. However, her life had been destroyed, and just four years later she died from alcohol poisoning—the grief had driven her to drink, and it killed her. The destruction of an innocent person’s life was caused by the police, the prosecution and the court swallowing bogus statistical assertions by an alleged expert in her trial. That expert eventually resigned in disgrace, although that did not save Sally Clark.”
“But neither the defence nor the jury were told of Professor Hutton’s explicit warnings to the police. That is unsurprising really, because it obliterated the prosecution’s statistical argument—the foundation of their entire case. Professor Hutton believes the statistical errors are “similar to those in the Sally Clark case but worse.” I wrote to the chief constable about how those bogus statistics had been compiled. He refused to answer any of the questions I had raised and said he would “not be providing any further detail or engaging in ongoing correspondence”. So much for transparency and welcoming challenge. That refusal to answer questions from a Member of Parliament sits uneasily alongside his department’s extraordinary public relations campaign, which at the very least invaded the privacy rights of Letby’s parents.”
“The police then told her: “The prosecutor...has instructed us not to pursue this avenue any further.” She challenges them and the prosecutor tells them to sack it. That falls in direct contravention of part 3.3 of the “Code for Crown Prosecutors”, which states: “Prosecutors cannot direct the police or other investigators.” Dr Watts added: “This occurrence is particularly egregious...it is...not appropriate for the CPS to deter the police from acquiring evidence that may be relevant and available.” Dr Watts goes on to say that the Criminal Procedure and Investigations Act 1996 “is binding upon the CPS to the same extent as the police, for the CPS to Instruct the police to ignore potentially relevant evidence would clearly be a breach of the CPIA”.”