I think Matthew means the list assumes the babies suffered deliberate harm, which means someone must be guilty of causing it. This doesn't allow for the possibility that they died accidentally.
I'm not suggesting this is a valid objection, only that this is what I think his objection is.
According to the trial court, those babies in the list DID suffer deliberate harm, so its not an assumption, its an established fact, and there is much corroborating evidence
FACT: She was caught on occasions in the actual act of harming some of those babies, on other occasions, doing nothing while medical sensors and equipment were clearly indicating the baby was in distress.
FACT: She performed Facebook searches of the parents of the babies who died. A clear breach of medical ethics.
FACT: She took the step of unofficially contacting grieving parents, sending them personal notes, which is not only a very creepy thing to do, but also another violation of medical ethics.
FACT: She had 257 confidential medical documents, many related to the victim babies, in her bedroom, stuffed into shopping bags. Another violation of medical ethics (and many serial killers collect trophies).
FACT: She wrote notes to herself, saying
"I don't deserve to live. I killed them on purpose because I'm not good enough to care for them." and
“I AM EVIL I DID THIS” shows a consciousness of guilt.
FACT: In all the incidents she was charged with, not only was she on the ward, she was physically in the rooms with the victims, and in nearly every case, she was seen to be interacting with the babies shortly before their collapses.
FACT: Letby was the
only person, doctor or nurse, who was on duty in that ward at the time all those babies were harmed.
[IMGw=800]https://www.dropbox.com/scl/fi/404cze20lv1esq993qjbe/Exhibit-CEF16-Letby.jpg?rlkey=kqzshnqcbtv1n9q6oe7d6xubm&raw=1[/IMGw]
This is basically a complete list of collapses where the prosecution says deliberate harm was involved. Yes, there were a few other deaths and collapses on the ward (six in all) but none of them showed any evidence of foul play or deliberate harm, so those incidents are not relevant to the case. The defense knew this. Its why they didn't spend much time attacking the veracity of the chart itself, or trying to bring in a statistical expert to undermine it, and instead, chose to attack the causes of deaths and collapses in order to question whether they were really result of foul play.
This chart points very strongly towards her being the only one responsible -
"Once is happenstance. Twice is coincidence. Three times is enemy action". I wonder what Fleming would have called 25 times?
FACT: The suspicious deaths and collapses stopped when she was finally removed from the ward. There was a change to the ward after she was removed. They reduced the number of babies in the ward by increasing the minimum gestation for premature babies they would accept from 27 to 32 weeks. While this would result in a fall anyway due to them taking on less complicated cases, Dr Gibbs (a retired consultant pediatrician who worked at the Countess of Chester Hospital) said the fall in suspicious collapse numbers was much greater than these changes account for.
Lucy Letby is as guilty as sin. There is absolutely zero doubt in my mind that she did was she was accused and found guilty of. 24 jurors agree.
NOTE: Disturbingly, she may even be responsible for more deaths. Police are investigating at Liverpool Women's Hospital where two babies died while Letby was training. There was also another suspicious baby death at Countess of Chester Hospital in 2014, previous to the cluster of deaths and collapses in 2015/16.
