Kathleen's Prison Sentence Revoked: Doubts Cast on Mother's Guilt in Children's Deaths
Kathleen Folbigg, who had served nearly two decades in prison for the supposed murders of her four children, was released and pardoned thanks to the retirement judge Tom Bathurst's recommendation to review her case again in 2003. Bathurst's appraisal raised "substantial doubts" about her guilt. Although a formal decision to wash her name clean from New South Wales' Court of Criminal Appeals was necessary, a unanimous decision was made at court, indicating she should be exonerated of all charges, including one of the most infamous miscarriages of justice in the country.
Emotionally, Kathleen thanked her supporters who had tirelessly advocated for the reconsideration of her case and fighting against the New South Wales government and justice system. "The time it took to see today's results has required a tremendous toll from many," she expressed her gratitude, surrounded by her lawyer and closest friend.
Kathleen was imprisoned in 2003 on three murder charges and one manslaughter, in addition to the unexplained deaths of four of her children, beginning in 1989. No physical proof was presented suggesting she had committed the killings, but the jury was convinced that there was a small probability that all four deaths were due to natural causes, implying that a crime had been committed. Certain passages from her diary were also interpreted as confessions.
Although an inquiry found "beyond reasonable doubt" that she had committed the crimes in 2019, in 2022, new research discovered a previously unknown mutated gene in both of her daughters' DNA that could potentially be fatal. The new evidence offered a genetic explanation for the children's deaths, providing "substantial doubts" about her initial conviction and advocating for her clemency.
Wrongful Conviction
Caleb, Kathleen’s firstborn, passed away in 1989. This first incident was attributed to Sudden Infant Death Syndrome (SIDS), a term used to describe the mysterious deaths of infants without an apparent cause. At 18 months, Laura, her eldest child, was the youngest to die. A police investigation was initiated after a forensic pathologist classified her cause of death as "uncertain." She was subsequently arrested and sentenced to serve an extended sentence due to a media frenzy that characterized her as Australia's "worst serial killer."
Although taunted with claims of miscarriages of justice in Great Britain following "Meadow's Law," which was obliterated by the disgraced British pediatrician Roy Meadow, Kathleen lingered in prison for years. On Thursday, Chief Justice Andrew Bell stated that the appellate court had agreed with Bathurst that there were "significant and extensive new scientific findings" beyond the initial trial's acquired knowledge. Their assessment showed that her diary was not a reliable confession when viewed in context, complemented by new clinical and psychological discoveries.
Without court, Kathleen's lawyer Rhanee Rego communicated their plans to request compensation. "Although I cannot reveal an exact figure, it will be higher than any prior substantial compensation," she said.
Furthermore, they insisted on the introduction of independent review committees, like the Criminal Cases Review Commission, in each Australian state to prevent future miscarriages of justice.
"An innocent woman who has suffered greatly deserves recognition and a significant role in improving our justice system," Rego emphasized.
Anna-Maria Rabia, the Australian Academy of Science's CEO, endorsed the demand for the establishment of independent boards in all legal systems. "We have just experienced the release of Kathleen Folbigg after 20 years in prison. If a case of this magnitude does not warrant legal reform, I am unsure what will.", Rabia highlighted the necessity of reflecting on the country's justice system and its access to scientific information, particularly in light of the rapid evolution of scientific discoveries and technological advancements.
