THE Court of Appeal has heard that convicted baby killer Lucy Letby’s recent retrial for the attempted murder of a baby girl should not have gone ahead due to ‘prejudice’ caused by the coverage of her first trial.

The 34-year-old former nurse, who was jailed for killing seven babies and trying to kill seven others at the Countess of Chester Hospital between 2015 and 2016., is seeking approval to challenge her conviction in July for trying to kill newborn girl, known as Baby K.

Benjamin Myers KC, defending barrister told the appeal court her original trial in 2023 covered an “exceptional case with exceptional media interest”, which could lead to “exceptional unfairness”.

"We are dealing with the impact of media coverage and public comment arising from the first trial, upon the second.”

Mr Myers concluded the attempted murder charge should have "stayed as an abuse of process", which means the prosecution should have stopped, due to "overwhelming and irremediable prejudice" after the first trial.

Mr Myers said: "Media coverage following the first trial, particularly in the immediate aftermath", included "emotive public comment by police officers in charge of the investigation", which could prejudice potential jurors while a retrial over Baby K’s case was still under consideration.

Nick Johnson KC a barrister for the Crown Prosecution Service which opposes the appeal bid, stated in written submissions that it was "misguided" and the jury had found Letby to be a ‘multiple killer and habitual liar’.

Mr Johnson said: "The application appears to rely on the huge volume of publicity as being of itself sufficient grounds on which to base an application to stay the indictment.

"It also leans heavily on the proposition that it is wrong for a witness to speak to the news media and that fact in itself taints the prosecution to the extent that it should be stayed.”

Letby, formerly of Hereford, watched the hearing via a video link from HMP Bronzefield.

Three senior judges will decide whether the former nurse's case can proceed to a full appeal following today’s hearing.