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Kathleen Megan Folbigg was convicted in 2003 for the murder of
her three children and manslaughter of her fourth. Folbigg
maintained her innocence and said the children had died of
natural causes.
An initial inquiry in 2019 found the evidence reinforced
Folbigg's guilt. However a second inquiry led by former chief
justice Thomas Bathurst revisited her convictions in 2022 after
new evidence suggested two of the children had a genetic
mutation that could have caused their deaths.
New South Wales state Attorney General Michael Daley pardoned
Folbigg on Monday after summary findings from the Bathurst
inquiry found reasonable doubt for each conviction.
"The result today is confirmation that our judicial system is
capable of delivering justice, and demonstrates that the rule of
law is an important underpinning of our democratic system," said
Daley.
"Given all that has happened over the last 20 years, it is
impossible not to feel sympathy for Kathleen and Craig Folbigg."
Daley said the unconditional pardon would allow Folbigg to walk
free but would not quash her convictions.
In a memo to the Attorney General, Bathurst said there was a
reasonable possibility three of the children died from natural
causes, two due to a genetic mutation known as CALM2-G114R and
one because of an underlying neurogenic disorder.
Such doubts then undermined the Crown's case in relation to the
manslaughter of her fourth child, Bathurst added.
"Further, I am unable to accept the proposition that the
evidence establishes that Ms Folbigg was anything but a caring
mother for her children," he said.
(Reporting by Lewis Jackson; Editing by Michael Perry)
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