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Wednesday, 29 January, 2003, 12:20 GMT
Baby death appeal claims disputed
Sally Clark was convicted of the murders in 1999
The theory that one of solicitor Sally Clark's two sons died from an infection and was not murdered by her, did not "fit with the facts" of the case, the Court of Appeal has heard.
A fresh review on the case is being considered by three judges following her conviction in November 1999. The 38-year-old who has always maintained her innocence, was jailed for life after being found guilty by a jury at Chester Crown Court. She was convicted of smothering 11-week-old Christopher in December 1996 and shaking eight-week-old Harry to death in January 1998, at the home she shared with her husband Stephen in Wilmslow, Cheshire.
Her counsel, Clare Montgomery QC, opened the case on Tuesday by telling the court that crucial medical evidence which could have cleared Clark of murder was "kept secret" from her defence team. She said claimed that test results revealed that, in all likelihood, Harry died from a bacterial infection. On Wednesday, Robin Spencer QC, for the Crown, told the court: "The nub of our argument and our attack on that theory is that it doesn't fit with the facts." Clark's first appeal bid in 2000 failed when the Court of Appeal then ruled that the case against her was "overwhelming". The case continues.
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