Appeal Court told of 'undisclosed' Clark evidence

A vital microbiology report that would have proved the innocence of Sally Clark, the solicitor jailed for murdering her two baby sons, was not disclosed at the trial, the Court of Appeal heard this week.

Clark was jailed for life in 1999 for killing 11-week-old Christopher and his eight-week-old brother Harry 13 months later.

She has fiercely protested her innocence and maintains that both babies died from sudden infant death syndrome, or cot death.

While an appeal in October 2000 was dismissed, the discovery last year of previously unseen microbiology reports led to the Criminal Cases Review Commission referring the case to the Court of Appeal.

The defence's argument hinges on the prosecution's 'material non-disclosure' of the tests, which appear to indicate that Harry died of natural causes.

Blood tests carried out by a pathologist show the presence of staphylococcus aureus in Harry's blood, bacteria which can cause a lethal infection.

The tests, which the defence says were not revealed at the trial despite the jury asking the judge whether blood tests had been carried out on Harry, were also sent to a leading professor who reported that 'staphylococcal infection is a recognised cause of sudden and unexpected death in infancy', and stressed that on the basis of this new information, this was the most likely cause of Harry's death.

She is represented by Clare Montgomery QC of Matrix Chambers and Jim Gregory of Lincoln House Chambers in Manchester.

Her solicitor is Mike Mackey, managing partner of Burton Copeland in Manchester.

In a highly unusual development, the Solicitors Disciplinary Tribunal chose to suspend rather than strike Ms Clark from the roll of solicitors in 2001.

The hearing continues this week.

Victoria MacCallum