Child serial killer Lucy Levy’s attempt to overturn her recent conviction for the attempted murder of young girls has failed.
The 34-year-old had asked three senior judges for permission to challenge her conviction for the attempted murder of a newborn baby, known as Child K, after being given a 15th life sentence at a retrial in July.
The hearing took place today at the Court of Appeal before Judge William Davis, Jeremy Baker and Lady Justice McGowan. Levy had previously been sentenced to 14 life sentences for the murders of seven infants and the attempted murder of six people, including two counts of the attempted murder of a child.
A request to appeal those convictions was rejected in May. After the first trial, which lasted from October 2022 to August 2023, the jury was unable to reach a verdict in Child K’s case.
At a retrial at Manchester Crown Court, the second jury found her guilty in just three and a half hours. Jurors were told that Levy targeted the “extremely premature baby” during a night shift in the early hours of February 17, 2016.
On Thursday, the former nurse’s lawyers told the Court of Appeal that the attempted murder charge should have been “set aside” because of the “overwhelming and irreparable prejudice” that arose from media coverage of her first trial as an “abuse of process”. A retrial should not have taken place.
But after a hearing in London, three senior judges rejected Levy’s application.
Judge William Davis, sitting with Judge Jeremy Baker and Lady Justice McGowan, said at the beginning of his sentence that he was refusing Levy’s permission to challenge the verdict.
The trial heard that she removed Child K’s breathing tube after he was transferred from the delivery room to the intensive care unit on the ward. The prosecution said she was “effectively caught red-handed” by her colleague, paediatrician Dr Adams. Mr Ravi Jayaram was caught entering Nursery 1 at about 3.45am.
He intervened and revived Child K. Dr Jayaram told the jury there was “no evidence” that she had done anything to help the deteriorating baby when he entered and saw her standing next to the incubator.
Evidence at the trial, Ms Levy said she had no recollection of the doctor at all. Mr Jayaram gave a description of the events but did not believe it happened. As planned, Child K was taken to a specialist hospital on February 17th after being born extremely prematurely and died there three days later.
Sentencing judge Mr Justice Goss said Child K was “extremely vulnerable” and the attack was “another shocking act of calculated, callous cruelty”. After sentencing, Ms Levy, from Hereford, said “I am innocent” as court officials led her away.
On Thursday, her lawyer Benjamin Myers KC told the court that media coverage before the retrial “was filled with pure vitriol towards Ms Levy, including comments from police officers and prosecutors which created a strong bias against the defendant.”
He said: “This should not have happened at all and in the circumstances of this case, taking into account everything that has happened to date, the public interest may be served by a finding that there was an abuse (of process).”
The prosecution dismissed the appeal and Nick Johnson KC told the court on Thursday that the move was “misguided” and that the media reports were “misrepresented.”
He said: “What the police said following the conviction at first instance was sensible and accurately and moderately portrays the horrific crime for which this accused person was convicted.” He will lobby the Criminal Cases Review Commission (CCRC) to review Levy’s case. The CCRC is investigating the possibility of a mistrial and could refer the case back to the Court of Appeal for further consideration.
Meanwhile, the public inquiry into Levy’s offending, chaired by Lady Justice Thirlwall, which began last month, continues at Liverpool City Hall. The judge said the investigative hearings would conclude in early 2025, with findings expected to be released in late fall of that year.
A court order prohibits the release of the identities of those involved in the case, both surviving and dead.