Australia: Kathleen Folbigg Inquest April 29, 2019 *PARDONED*

[TootsieFootsie]

NoCookies | The Australian

Scientists who gave evidence at an inquiry into the conviction of Kathleen Folbigg for killing her four children have launched a stunning attack on the NSW Court of Appeal judges who rejected her appeal on Wednesday.

 

[Evacat]

NoCookies | The Australian

Scientists who gave evidence at an inquiry into the conviction of Kathleen Folbigg for killing her four children have launched a stunning attack on the NSW Court of Appeal judges who rejected her appeal on Wednesday.

I do too.

 

[TootsieFootsie]

Fresh development in conviction of killer mum Kathleen Folbigg

Folbigg has spent 19 years in jail over the deaths of her four children. But now there is ‘enough of a question or doubt’ that requires intervention.

7news.com.au

 

[TootsieFootsie]

MSN

The former husband of convicted child killer Kathleen Folbigg has refused to provide DNA evidence which could exonerate his ex-wife of the deaths of their four children more than two decades ago.

Ms Folbigg was convicted in 2003 of smothering her four children Patrick, Sarah, Laura and Caleb, yet new scientific evidence showed her daughters carried a mutation which causes heart irregularities, raising the possibility they died from natural causes.

Her bid for freedom will rely heavily on the strength of new genetic evidence but Craig Folbigg - Kathleen's ex-husband - is declining to provide his DNA which experts said would provide 'considerable assistance' to their enquiry.

Mr Folbigg's DNA will help establish whether her two boys inherited any genetic mutations, a 2019 report by scientists Carola Vinuesa and Matthew Cook stated.

Mr Folbigg has always maintained his ex-wife is guilty and cited financial struggles as the reason he won't provide DNA as part of the enquiry.

 

[Two SCents]

The inquiry into the scientific findings is due to commence on Nov 14th. Looking forward to seeing how the science v law unfolds.

 

[TootsieFootsie]

Kathleen Folbigg inquiry hears experts divided over whether genetic mutation could prove innocence

Experts are divided on whether a genetic mutation could prove child killer Kathleen Folbigg's innocence, an inquiry into her convictions has heard.

Genetic testing found Folbigg carries a novel genetic mutation known as CALM2 G114R, as did her two daughters.
Counsel assisting the inquiry, Sophie Callan, SC, said this "may cause cardiac arrhythmias and sudden death of young children".

 

[Kemug]

I for one have always doubted her guilt.

 

[TootsieFootsie]

Second Kathleen Folbigg inquiry could be a test case for law reform in Australia

 

[TootsieFootsie]

'Reasonable' doubts of guilt in Folbigg inquiry

An inquiry into Kathleen Folbigg's convictions for the deaths of her four children has resumed, with experts expected...

www.goulburnpost.com.au

 

[TootsieFootsie]

Kathleen Folbigg's diary entries show 'grieving mother' not guilty conscience, inquiry told

A special inquiry hears diary entries made by convicted killer about struggling with motherhood were characterised as "admissions of guilt", but a range of experts who have since analysed them have a very different view.

www.abc.net.au

An inquiry into the convictions of Kathleen Folbigg for killing her four children has heard the diary entries used to convict her are now considered by experts to be the coping mechanism of a grieving mother.

 

[imstilla.grandma]

As science marches to the beat of discovery, it’s found a sympathetic bystander in criminology.

But what happens when science continues to march past justice?

This question has arisen with the second inquiry into the 2003 convictions of Kathleen Folbigg, now serving a 30-year sentence for the murders of her children Patrick (at eight months of age), Sarah (10 months) and Laura (19 months), and the manslaughter of son Caleb (19 days).

Folbigg has exhausted several avenues of appeal but has been granted two inquiries by the New South Wales governor because of new scientific analyses.

The first inquiry, held in 2019, was brought about by contemporary assessments of the forensic pathology surrounding her children’s deaths. In a nutshell, the reappraisals by Professor Stephen Cordner and Johan Duflou found there to be a natural explanation to each death, even going so far as to say Folbigg could not be convicted based on the forensic reports made at the time.

Can justice keep up with science?

From the mere identification of a body, to determining potential offenders, DNA analysis has helped identify the ‘who’ at a crime scene. Chemistry has been

cosmosmagazine.com

 

[Goosewhisperer]

I think this is about to come to a head. Surely they cannot continue to keep her incarcerated,

 

[TootsieFootsie]

DPP accepts 'reasonable doubt' about Kathleen Folbigg's guilt, inquiry told

New genetic evidence shows a "reasonable doubt" over Kathleen Folbigg's convictions for killing her four children, after a second judicial inquiry hears months of evidence.

www.abc.net.au

A judicial inquiry into Kathleen Folbigg's convictions for killing her four children has been told the NSW Director of Public Prosecutions (DPP) accepts new evidence points to the possibility of reasonable doubt.

 

[JennieM]

Folbigg and her two daughters found to carry a rare genetic variant, which could cast doubt on her convictions, inquiry hears

[...]

Former New South Wales chief justice Tom Bathurst KC is heading the inquiry, triggered by a petition from scientists.

Bathurst will prepare a report for the governor on whether to exercise the royal prerogative of mercy, a power the Department of Communities and Justice describes as “rare and exceptional”.

[...]

Callan said the case against Folbigg remains circumstantial, not to be looked at in a “piecemeal fashion”.

‘Reasonable doubt’ as to Kathleen Folbigg’s guilt over deaths of her children, inquiry told

Folbigg and her two daughters found to carry a rare genetic variant, which could cast doubt on her convictions, inquiry hears

www.theguardian.com

 

[JennieM]

Kathleen Folbigg case similar to wrongly jailed Lindy Chamberlain, lawyer tells inquiry​

Former NSW chief justice Tom Bathurst urged to consider similarities between the cases at inquiry into 55-year-old’s convictions

Kathleen Folbigg case similar to wrongly jailed Lindy Chamberlain, lawyer tells inquiry

Former NSW chief justice Tom Bathurst urged to consider similarities between the cases at inquiry into 55-year-old’s convictions

www.theguardian.com

 

[Andieinsyd]

It looks to me that the weight of evidence supports reasonable doubt for the deaths of Kathleen’s daughters. And some evidence for reasonable doubt for one of her sons. And I guess if there is reasonable doubt for these three little ones, the likelihood of her having killed th other wee boy is also less, even if they are not sure of cause. If she is not guilty what a tragedy for Kathleen and her friends and family, all that grief plus incarceration.

 

[TootsieFootsie]

https://www.news.com.au/national/nsw-act/courts-law/critical-new-development-in-kathleen-folbigg-case/news-story/0eb4f28be43532cc0e3583cdc14bb028

‘Do the right thing’: Calls for immediate Kathleen Folbigg pardon​

 

[TootsieFootsie]

Inside the fight to free Australia's worst female serial killer, Kathleen Folbigg

Kathleen Folbigg was found guilty of killing her four children 20 years ago today. An inquiry will soon decide whether the woman dubbed as "Australia's most hated woman" at the time was wrongly convicted.

www.abc.net.au

Inquiry hears there is reasonable doubt in Folbigg case

Trusted and independent source of local, national and world news. In-depth analysis, business, sport, weather and more.

www.abc.net.au

 

[drsleuth]

Kathleen Folbigg pardoned after 20 years in jail, as ex-husband maintains her guilt

Craig Folbigg's lawyer said his client's view "has not changed whatsoever" as his ex-wife walks free after two decades behind bars.

www.abc.net.au

NSW Attorney-General Michael Daley says Kathleen Folbigg will be pardoned — she's spent two decades behind bars after being found guilty of killing her four children.

Ms Folbigg is serving a maximum 30-year prison sentence.

Mr Daley says Ms Folbigg will be released "as soon as possible".

 

[iamshadow21]

Kathleen Folbigg pardoned after 20 years in jail, as ex-husband maintains her guilt

Craig Folbigg's lawyer said his client's view "has not changed whatsoever" as his ex-wife walks free after two decades behind bars.

www.abc.net.au

NSW Attorney-General Michael Daley says Kathleen Folbigg will be pardoned — she's spent two decades behind bars after being found guilty of killing her four children.

Ms Folbigg is serving a maximum 30-year prison sentence.

Mr Daley says Ms Folbigg will be released "as soon as possible".

Some context for what this means for those who, like me, thought 'pardoned' meant something it doesn't. This is from the liveblog on the ABC News site at that link.

What is a pardon? I didn't know this was a part of the Australian system? Does this mean her conviction hasn't been overturned judicially, but that the executive/governor has pardoned her for the crimes she was convicted of?
- Josh

Thanks for the question, Josh.
So, as Mr Daley said earlier, courts are the only bodies that can quash convictions.
Ms Folbigg has been pardoned under the Royal prerogative of mercy, which can be exercised in NSW by the Governor.
To get specific, it is preserved by section 7 of the Australia Act 1986 (Cth), the Australia Act 1986 (United Kingdom), and Part 2A of the Constitution Act (NSW) 1902.
It means Ms Folbigg will not have to serve any more of her prison sentence.
Governor Margaret Beazley was the one who granted the pardon today, at Mr Daley's recommendation.
Here is what he said during the press conference.

"The convictions have not been quashed. The only body that can do that is a Court of Criminal Appeal.
"The effect of a pardon is that she will not have to serve the rest of her sentence."