"Today is not a victory. We are not victorious. There are no winners here."

Sally Clark

Pathologists may face action over case

BBC News Online, Thursday, 30th January 2003

http://news.bbc.co.uk/1/hi/england/2708019.stm

Sally Clark: Freed after more than three years in jail

The General Medical Council is considering taking action against two pathologists whose evidence convicted a solicitor of murdering her two baby sons.

The Court of Appeal ruled on Wednesday that Sally Clark's conviction was "unsafe".

The 38-year-old from Wilmslow, Cheshire was freed on Wednesday after more than three years in jail, saying she was relieved her "nightmare" was over.

Sally and Stephen Clark in happier times with their first son Christopher

Today is not a victory. We are not victorious. There are no winners here.

Sally Clark's statement in full

She paid tribute to her husband Stephen who stood by her throughout her ordeal and said she was looking forward to hugging their four-year-old son.

Mrs Clark was released after the court heard new evidence that suggested eight-week-old Harry Clark may have been suffering from a brain infection, which was withheld from the defence team at her original trial.

She was convicted in 1999 and sentenced to life for smothering 11-week-old Christopher Clark in December 1996 and shaking Harry to death in January 1998.

'Secret results'

Prosecution pathologist Dr Alan Williams initially said Harry had died from being shaken and then at the trial changed his finding to smothering.

Dr Williams knew about Harry's infection since February 1998 but "he had kept the results secret from Sally Clark and her advisers", the appeal court was told.

Michael Green, professor of forensic pathology at Sheffield University, who has since retired, also changed his opinion about the cause of death.

A GMC spokeswoman said: "We are aware of the doctors and are considering whether action, if any, needs to be taken."

Christopher's death in 1996 was diagnosed as cot death, until his brother died two years later.

Clare Montgomery QC, for Mrs Clark, said that new evidence emerged in 2000 that there was a staphylococcus aureus infection which had spread as far as Harry's cerebral spinal fluid.

She said Dr Williams, who had carried out post mortem examinations on both babies, had known about this evidence since February 1998.

Microbiological test results demonstrated Harry probably died suddenly in reaction to the bacteria, she added.

Lord Justice Kay also criticised Dr Williams, saying the medical evidence was not disclosed because of his "failure... to share with other doctors investigating the cause of death information that a competent pathologist ought to have appreciated needed to be assessed before any conclusion was reached.

"The Court of Appeal on the previous occasion reached their conclusions wholly unaware of this aspect of the matter."

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