Doubt has been cast over the conviction of Kathleen Folbigg for the murders of her four children. Three years ago, the University of Newcastle Legal Centre forwarded a petition to the NSW Governor seeking a judicial review of her 2003 conviction citing inconsistencies in the medical evidence provided at trial. As no decision has been forthcoming from the Governor nor the Attorney General a decision was made to highlight the case on Australia Story which airs as a two part episode, tonight (August 13 and next Monday (August 20). The decision to air the case on Australia Story came in the wake of the frustration Folbigg and her supporters have felt in the ongoing delays the review has come up against, according to 9News.
A barrister working on the case, Isabel Reed told the Sydney Morning Herald that she had been ringing the AG every few weeks and has always been told that they are still working on it.
Folbigg was incarcerated for the deaths of her four children, after they were found to “cease breathing’, even though the autopsies could not determine a cause of death. Her fate was sealed when her husband handed over her diaries which claimed she had been a cruel mother to her children. The judge in her cause believed the diaries were proof of her sinister motives and that was “no authenticated record of three or more such deaths in a single family”, though this is actually false. There have been studies done across the globe where there have been cases of four babies dying from SIDs and related conditions. The Herald also notes a Victorian woman who, charged at the same time as the Folbigg case was happening, but dismissed the charges.
Dr Xanthe Mallet, a criminologist working on the case said the diaries, were actually indicative of a woman blaming herself and struggling to cope alone when faced with tragedy.
Monash forensic pathologist Stephen Cordner also believes in the woman’s innocence and in a 120 page report he claimed that there is “no forensic pathology support for the contention that any or all of these children have been killed… if the convictions in this case are to stand, I want to clearly state there is no pathological or medical basis for concluding homicide.”
Information sourced exclusively by Monsters Who Murder show that Folbigg is hopeful but wary about the upcoming onslaught of publicity but hopes it helps her get the review.