Police face damages over arrest of nurse accused of poisoning patients - Telegraph.co.uk

Miss Leighton was freed only after enduring what she described as "a living hell" during more than six weeks in custody.

She is now considering suing the police for substantial damages over her arrest, which left her career in tatters and led to threats and intimidation during her stay at Styal women's prison, Cheshire.

Carl Richmond, Miss Leighton's solicitor, said: "She will be looking for recognition of the fact her life has been changed beyond measure. Rebecca suffered a torrid time in prison. She was subjected to verbal and psychological threats. Her life has been turned upside down."

The release of the nurse has led to bitter behind the scenes recriminations between prosecutors and the police.

The Crown Prosecution Service said that charges against Miss Leighton could be reinstated, should further evidence emerge.

But prosecutors have also pointed the finger of blame at Greater Manchester Police for the botched investigation so far into seven deaths and "more than 40" potential victims in total, all of whom suffered poisoning between June 1 and July 16.

In a statement the CPS said prosecutors only agreed to the 27- year-old being charged with criminal damage with intent to endanger life after being reassured by police that enough evidence to build a substantial case against her would be forthcoming.

When that evidence failed to emerge the CPS said it had little choice but to release Miss Leighton.

Nazir Afzal, the Chief Crown Prosecutor for the North West, said: "Rebecca Leighton was charged on the basis that there was a reasonable suspicion she had committed the offences and there were reasonable grounds for believing the continuing investigation would provide further evidence within a reasonable amount of time.

"The inquiries, which are still ongoing, have not so far provided us with a stronger case which would meet the test that there is sufficient evidence for a realistic prospect of conviction."

Mr Richmond, of Manchester-based legal firm Middleweeks, accused both the CPS and Greater Manchester Police of caving into pressure for a swift end to the hunt for the killer.

He said: "They needed a name in the frame to placate fears. Based on the evidence they had she should have been bailed and released. Instead she was charged very quickly.

"The CPS should have been much more robust when it came to agreeing to charge Rebecca. There has to be a prospect of conviction if you are to charge someone and it is clear there was no prospect of that in Rebecca's case."

A bail hearing last month heard that the evidence against Miss Leighton was based on her fingerprints being found on a bag of saline which had been damaged by a needle.

It was thought the needle had been drawn from a bottle of antibiotic fluid contaminated with insulin.

However, Mr Justice Henriques found that "many people" had access to the saline bags and the fluid. He concluded that there were also other fingerprints on the bags and that as a staff nurse Miss Leighton had every reason to be touching both items.

Mr Herniques did not bail Miss Leighton on the grounds of her own safety, rather than over fears she would abscond or commit further offences.

Miss Leighton remains suspended from the Nursing and Midwifery Council's register and cannot work in the profession pending an investigation by the council.

A senior detective from another force said: "Something in the investigation has clearly gone drastically wrong for them to discontinue the case. It's a very, very unusual situation.

"One wonders whether there have been enough resources committed to the investigation, whether cuts have played a role, and also whether the decision to close the Forenic Science Service has had an effect on the forensics testing in this case."

The release of Miss Leighton has refocused attention on the daunting scale of the task facing police if they are to catch the person dubbed the 'saline serial killer'.

Detectives have yet to interview 500 potential witnesses including staff, patients and visitors.

They have already questioned 200 people and have warned the investigation will "need a long time to complete".

Terry Sweeney, the force's assistant chief constable, said: "This investigation is one of the most complex investigations that our most senior detectives have ever worked on, comparable in size and scope to the Manchester bomb inquiry.

"The scope of this investigation is extensive and we cannot rule out making other arrests in our search for the truth. To prove a case you need not only to prove guilt but to eliminate the possible involvement of others."

Although four of those who died at the hospital have yet to be named, their families are aware that the cases have been referred to police by the coroner.

Detectives had previously announced they were looking at the suspicious deaths of Tracey Arden, 44, Arnold Lancaster, 71, and Derek Weaver, 83.

The release of Miss Leighton has renewed fears among patients and relatives at Stepping Hill that a killer remains at large.

Stockport NHS Foundation Tust, which runs the hospital, said it would retain the extra security measures it adopted following the discovery of the suspicious deaths.

These include a ban on nurses administering intravenous drips alone and keys to medicine cabinets having to be signed out by senior staff.