EXCLUSIVEChild killer Lucy Letby's barrister is reported to regulator for alleged misconduct

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Lucy Letby’s barrister has been reported to the Bar Standards Board for alleged professional misconduct, the Daily Mail has learned.

Families of the killer nurse’s victims are understood to have made a formal complaint about Mark McDonald to the legal regulator.

They are angry that the names of their children were included in a letter, sent by the former neo-natal nurse’s defence team to a coroner, which was subsequently leaked to a Sunday newspaper. 

Strict reporting restrictions imposed by a High Court judge forbids the publication of the identities of any of the babies involved in the case. 

At a pre-inquest hearing last month, Jacqueline Devonish, senior coroner for Cheshire, questioned how the Sunday Times had got hold of the correspondence, which was written by Mr McDonald’s then-instructing solicitors and requested that Letby be afforded ‘interested party’ status in upcoming inquests into the deaths of her victims, before she’d had a chance to reply.

Ms Devonish added that it was ‘very concerning’ that the letter included the babies’ full names.

In a chastening exchange, the coroner suggested to Mr McDonald that, whoever sent the letter to the newspaper, had been ‘reckless.’

Mr McDonald insisted the press already knew the babies’ names, no reporting restrictions had been breached and that neither he nor his solicitors had ‘sent the letter to anyone other than yourself.’

‘There’s been no professional misconduct,’ he said.

Mark McDonald (pictured) has been reported to the Bar Standards Board

Mark McDonald (pictured) has been reported to the Bar Standards Board

Lucy Letby, 36, is serving a record 15 whole life terms after being convicted of murdering seven babies and attempting to murder seven more - one of whom she attacked twice - at the Countess of Chester Hospital, between June 2015 and June 2016.

Lucy Letby, 36, is serving a record 15 whole life terms after being convicted of murdering seven babies and attempting to murder seven more – one of whom she attacked twice – at the Countess of Chester Hospital, between June 2015 and June 2016.

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But Richard Baker KC, representing the families, told the same hearing his clients had been ‘extremely distressed’ to learn their babies’ names had been ‘recklessly disclosed to a third party.’

‘As far as the families are concerned those names are not to be bandied about,’ he said.

Ms Devonish warned Mr McDonald against any further leaks, saying: ‘Otherwise I will report (it) to the regulatory authorities.’

A spokesman for the Bar Standards Board said it ‘did not comment’ on ‘whether or not information about potential misconduct’ had been made against an individual barrister.

He said complaints were ‘usually’ dealt with confidentially unless listed for a disciplinary tribunal hearing. No listing has been made for Mr McDonald to date.

But a source said preliminary investigations were underway. 

Making a complaint about a barrister to their professional regulator is the equivalent of a doctor being referred to the General Medical Council.

The ultimate sanction for barristers found guilty of professional misconduct is disbarment – removal from the professional register. 

Mr McDonald told the Daily Mail: ‘I am unaware of any complaint made against me to the Bar Standards Board. 

‘It is telling that, rather than engaging with the arguments of 30 world-leading experts that show that Lucy Letby is an innocent woman, there is yet another attempt to attack my professional integrity and a clear attempt to undermine Ms Letby’s defence.’

Letby, 36, was convicted of murdering seven babies and attempting to murder seven more at the Countess of Chester Hospital, between June 2015 and June 2016.

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She has always maintained her innocence and, although she has twice failed to be granted to leave to appeal her convictions, Mr McDonald has submitted new expert medical reports to the Criminal Cases Review Commission, the body which investigates potential miscarriages of justice, in the hope the Court of Appeal with hear her case a third time.

Inquests into the death of five of her victims were opened and adjourned by Ms Devonish last month.

The coroner agreed to grant Letby ‘interested party’ status, which means her lawyers will be entitled to receive evidence, ask questions to witnesses and make legal arguments during the full inquests.

Earlier this month the Mail revealed Letby had appointed another barrister, Anton van Dellen, who once stood trial and was acquitted of grooming a teenage boy for sex, to represent her in those hearings, which have been scheduled for September.




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