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"A free woman": Kathleen Folbigg officially acquitted of her children's deaths

<p>After spending 20 years in prison for the deaths of her children, Kathleen Folbigg has officially been cleared. </p> <p>The 55-year-old was released from jail earlier this year, after she was charged with murder and manslaughter convictions over the mysterious deaths of her four kids, Sarah, Caleb, Laura and Patrick.</p> <p>Folbigg always maintained her innocence, saying her children died of natural causes. </p> <p>On Thursday, Chief Justice Andrew Bell and Justices Julie Ward and Ian Harrison handed down the Court of Criminal Appeal judgement, finding there was reasonable doubt as to her guilt.</p> <p>All of Folbigg’s convictions were quashed and a verdict of acquittal was entered on each count.</p> <p>After the emotional ruling, Folbigg, her best friend Tracy Chapman and her lawyer Rhanee Rego, made a statement outside court.</p> <p>“I’m grateful for the huge efforts of my friends and family, my legal team, scientific professionals,” she told reporters.</p> <p>“The time this has taken in seeing today’s result has cost me a lot, not just financially but emotionally."</p> <p>“For almost a quarter of a century, I faced disbelief and hostility. I suffered abuse in all its forms."</p> <p>“I hoped and prayed that one day I would be able to stand here with my name cleared."</p> <p>“I hope that no one else will ever have to suffer what I suffered. I am grateful that updated science and genetics has given me answers as to how my children died."</p> <div> <p>“However, even in 1999, we had legal answers to prove my innocence — they were ignored and dismissed."</p> <p>“The system preferred to blame me rather than accept that sometimes, children can and do die suddenly, unexpectedly and heartbreakingly."</p> <p>“I think the system and society needs to think before they blame a parent of hurting their children.</p> <p>“My children are here with me today and they will be close to my heart for the rest of my life. I love my children and I always will."</p> <p>In her statement, Rego said Folbigg was finally a “free woman”.</p> <p>“After 24 years, the legal system has finally listened to Kathleen Folbigg,” she said.</p> <p>“Today she is a free woman — a woman who demonstrated courage and resilience to reject the claims made against her."</p> <p>“But this story is about more than just about Kathleen Folbigg."</p> <p>“It is a story about the good in this world, about a large group of people who saw an injustice and did something about it.”</p> </div> <p>Folbigg was first jailed in 2003 after being found guilty of the manslaughter of her son Caleb, maliciously inflicting grievous bodily harm, with intent to do grievous bodily harm on Patrick and the murders of Patrick, Sarah and Laura.</p> <p>She was initially sentenced to 40 years in prison, with a non-parole period of 30 years. An appeal later reduced her sentence to 30 years, with a non-parole period of 25 years. </p> <p><em>Image credits: Seven News</em></p>

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“How do you pay someone for 20 years?”: Folbigg’s big compensation question

<p>Since her <a href="https://www.oversixty.com.au/news/news/kathleen-folbigg-pardoned-after-20-years-behind-bars" target="_blank" rel="noopener">release from prison</a>, Kathleen Folbigg has been the centre of a media frenzy, with networks battling it out to secure an exclusive tell-all interview.</p> <p>Following a fierce bidding war, Seven Network has won the rights over Nine for the interview believed to have cost more than $400,000.</p> <p>A source from Seven said the exclusive interview will be aired on the Sunday evening current affairs show, <em>7News Spotlight</em>.</p> <p>Others have proposed the deal has cost the network close to $1 million.</p> <p>The deal could see her on the list of select few Australians awarded seven-figure sums in light of their wrongful convictions, including Linda Chamberlain.</p> <p>Chamberlain’s lawyer Stuart Tipple said Folbigg needs to be declared innocent and be given compensation for her years in prison, noting she had a solid case.</p> <p>“The sad thing is all she can get is money, how do you pay someone for 20 years?” he said.</p> <p>“And also, I think we need to reflect on an injustice just doesn’t affect Kathleen.</p> <p>“I feel tonight very much for her husband and the father of those children and the injustice that just affects so many people, so many lives.</p> <p>“I feel very, very badly for him tonight and I just think of the whole process of just how harmful it is to them and to our society and our confidence in the whole judicial system.”</p> <p>Robyn Blewer, director of the Griffith University Innocence Project, noted two recent cases to illustrate how Folbigg could be compensated for her 7,300 days in jail.</p> <p>West Australian man Scott Austic received $1.3 million in May 2023 on top of an earlier payment of $250,000 after serving nearly 13 years for murdering his pregnant secret lover.</p> <p>He had sought $8.5 million after being acquitted on appeal in 2020.</p> <p>Both payments were ex gratis, unlike David Eastman’s award of $7 million in damages by the ACT Supreme Court in 2019.</p> <p>Eastman served almost 19 years over the 1989 shooting murder of federal police assistance commissioner Colin Winchester, where he was acquitted at a second trial.</p> <p>"The difference is it was in ACT which has a human rights act and under that, there is an entitlement for compensation under human rights," Dr Blewer told AAP.</p> <p>"Mr Eastman was then able to sue because there was a right to compensation.</p> <p>"The court assessed his damages in the same way they would a tort ... the court went through every time he was injured.”</p> <p>Like Austic, Chamberlain was awarded an ex grata or grace payment. She was awarded $1.3 million in 1992 which now equates to about $3 million.</p> <p>Folbigg will need specific legal advice about whether a civil claim is possible due to NSW lacking a human rights act like that of the ACT.</p> <p>Dr Blewer said she could become reliant on what the government was willing to pay.</p> <p>"Twenty years is a substantial amount of time lost," she said.</p> <p>"It might depend on the good grace of the NSW government."</p> <p>No further steps can be taken until Folbigg’s lawyers obtain the final report of former Chief Justice Tom Bathurst.</p> <p>An application to the NSW Court of Criminal Appeal to quash her convictions will likely follow.</p> <p><em>Image credit: Facebook / Instagram</em></p>

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“So elated”: Kathleen Folbigg’s reunion with lifelong friend following pardon

<p dir="ltr">After spending 20 years behind bars Kathleen Folbigg is starting a new chapter as a <a href="https://www.oversixty.com.au/news/news/kathleen-folbigg-pardoned-after-20-years-behind-bars" target="_blank" rel="noopener">free woman</a>, and the first person who welcomed her back was her lifelong friend, Tracy Chapman.</p> <p dir="ltr">Folbigg, 55, who was convicted of killing her three children Patrick, Sarah and Laura and the manslaughter of her firstborn Caleb between 1989 to 1999, was <a href="https://www.oversixty.com.au/news/news/kathleen-folbigg-pardoned-after-20-years-behind-bars" target="_blank" rel="noopener">pardoned</a> on Monday and released immediately.</p> <p dir="ltr">Just hours after she walked out a free woman, Folbigg was reunited with her lifelong friend in a warm embrace on Chapman’s farm in northern NSW.</p> <p dir="ltr">"I am so elated it's not funny. I am nervous and I am everything," Folbigg told <em>9News</em>.</p> <p dir="ltr">With her newfound freedom, Folbigg couldn’t say what would come next.</p> <p dir="ltr">"I don't know. I need a drink of water. I don't know about anything else," she said.</p> <p dir="ltr">Chapman, who was an advocate for Folbigg since her conviction 20 years ago, created a “sanctuary” on the farm in case her best friend was pardoned, so she could have somewhere "peaceful, quiet,” to return to where “she's surrounded by animals".</p> <p dir="ltr">Folbigg has always maintained her innocence, and said that her children all died of natural causes.</p> <p dir="ltr">Former NSW Chief Justice Tom Bathurst KC, has submitted the new scientific evidence in an inquiry into the death of her babies, and is currently writing up a final report, which could be finished this month.</p> <p dir="ltr"><em>Images: Nine News</em></p>

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Kathleen Folbigg pardoned after 20 years behind bars

<p>Jailed in 2003 and considered at the time to be Australia’s most prolific female serial killer, Kathleen Folbigg has now been pardoned over the death of her four children and will be released without delay.</p> <p>Folbigg, 55, was convicted of killing her three children Patrick, Sarah and Laura, and was also found guilty of the manslaughter of her firstborn Caleb between 1989 to 1999.</p> <p>Her babies were aged between 19 days and 19 months.</p> <p>The historic convictions have not been quashed as that can only be done through the Court of Criminal Appeal.</p> <p>Folbigg has always maintained her innocence, insisting that her children had each died of natural causes, and as a result she has served 20 years of a minimum 25-year prison sentence.</p> <p>NSW Attorney General Michael Daley announced the pardon, saying Folbigg had endured “a terrible ordeal” and there was a possibility she could sue the government if the convictions were quashed, a legal step which goes beyond a pardon.</p> <p>"What is the difference between today and what has transpired in the past? New evidence has come to light," he said, referring to new scientific evidence submitted in an inquiry into the death of the babies.</p> <p>Former NSW Chief Justice Tom Bathurst KC is leading the inquiry and is now writing up a final report for the NSW governor.</p> <p>Daley said he had received a phone from Chief Justice Bathurst last week that "he had come to a firm view" about what the outcome of his report would be.</p> <p>Prosecutors argued Folbigg smothered her children during periods of frustration and insisted that some of her diary entries were admissions of guilt.</p> <p>New scientific evidence has now cast sufficient doubt on her guilt.</p> <p>Folbigg and her two daughters were found to carry a rare genetic variant, CALM2-G114R, which can cause cardiac arrhythmia and sudden death.</p> <p>According to cardiology and genetic experts, the genetic verity was a “reasonably possible cause” of Sarah and Laura’s death.</p> <p>The variant was not found in Caleb or Patrick.</p> <p><em>Images: Facebook</em></p>

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Let her go: 76 experts demand Kathleen Folbigg’s freedom

<p><span>Seventy-six of Australia’s top scientists and doctors are demanding that proclaimed “baby killer” Kathleen Folbigg be released from jail and pardoned immediately.</span><br /><br /><span>The 53-year-old was jailed for 30 years in 2003 over the murders of her children Patrick, Sarah and Laura between 1992 and 1999.</span><br /><br /><span>The mother was also found guilty of the manslaughter of her firstborn child, Caleb, who was just 19 days old when he died in Newcastle in 1989.</span><br /><br /><span>However, 76 eminent researchers, including two Nobel laureates and several Australians of the Year, claim that new medical evidence about a mutant gene carried by two of the Folbigg children ­creates a “strong presumption’’ that the babies died from natural causes.</span><br /><br /><span>They have called on NSW Governor Margaret Beazley to pardon Folbigg and release her from jail.</span></p> <p><img style="width: 500px; height: 281.25px;" src="https://oversixtydev.blob.core.windows.net/media/7840113/kathleen-folbigg-1.jpg" alt="" data-udi="umb://media/bab5deda582f4dde898ee1ada8e61dac" /></p> <p><em><span>Folbigg with her baby daughter Sarah. Image: Supplied</span></em><br /><br /><span>They have called for an end to the “miscarriage of justice’’ they say the Folbigg has suffered.</span><br /><br /><span>“The entire time that Kathleen Folbigg has been in custody is a result of a miscarriage of justice. This year, Ms Folbigg has been incarcerated for 18 years of her life,” they said in a joint statement.</span><br /><br /><span>“The executive prerogative of mercy is designed to deal with failures of the justice system such as this one. It is incumbent on the Governor to exercise her power to stop the ongoing miscarriage of justice suffered by Ms Folbigg. Not to do so is to continue to deny Ms Folbigg basic human rights and to decrease faith in the New South Wales justice system.</span><br /><br /><span>“Ms Folbigg’s case also establishes a dangerous precedent as it means that cogent medical and scientific evidence can simply be ignored in preference to subjective interpretations of circumstantial evidence.”</span><br /><br /><span>Folbigg was found to have smothered her children, however the experts say that is not possible and their deaths were all from natural causes.</span><br /><br /><span>They say a genetic mutation called CALM2 G114R was found in Sarah and Laura’s DNA, inherited from their mother.</span><br /><br /><span>This mutation can cause sudden cardiac arrest in infants.</span><br /><br /><span>They argue that at least those two children likely died of natural causes, and therefore creates reasonable doubt over the convictions.</span><br /><br /><span>“Mutations in this gene are one of the best recognised causes of sudden death in infancy and childhood,” the petition read.</span><br /><br /><span>“The medical evidence that now exists … creates a strong presumption that the Folbigg children died of natural causes.</span><br /><br /><span>“A reasonable person should have doubt about Ms Folbigg killing her four children. Deciding otherwise rejects medical science and the law that sets the standard of proof.”</span></p> <p><img style="width: 500px; height: 281.25px;" src="https://oversixtydev.blob.core.windows.net/media/7840112/kathleen-folbigg-2.jpg" alt="" data-udi="umb://media/d8e0530e580945c19ce43c7dd98b75cc" /></p> <p><em><span>Scientists discovered the mutation in Laura (left) and Sarah (right) Folbigg. Image: Supplied. </span></em><br /><br /><span>Folbigg is considered Australia’s worst female serial killer and “most hated woman”, she has always maintained her innocence.</span><br /><br /><span>Her murder convictions that were based largely on entries she wrote in her diary, have been upheld through numerous legal challenges.</span><br /><br /><span>She had an inquiry in 2019, but it only again affirmed the guilty verdict.</span><br /><br /><span>The experts who signed the petition said this was at odds with medical and scientific evidence, however.</span><br /><br /><span>“This is because a natural cause of death for each of the children has been ascribed by qualified experts, and there was no evidence of smothering,” the petition reads.</span><br /><br /><span>“The Governor should have no doubt that the case against Kathleen Folbigg is entirely circumstantial.</span><br /><br /><span>“It is based on the proposition that the likelihood of four children from one family dying of natural causes is so unlikely as to be virtually impossible.</span><br /><br /><span>“It resulted in medical evidence being rejected in favour of inculpatory interpretations of Ms Folbigg’s vague journal entries, which contained no admissions of guilt.”</span><br /><br /><span>“The executive prerogative of mercy is designed to deal with failures of the justice system such as this one,’’ a letter accompanying the petition and obtained by News Corp Australia states.</span><br /><br /><span>“It is incumbent on the Governor to exercise her power to stop the ongoing miscarriage of justice suffered by Ms Folbigg.</span><br /><br /><span>“Not to do so is to continue to deny Ms Folbigg basic human rights and to decrease faith in the NSW justice system.</span><br /><br /><span>“Ms Folbigg’s case also establishes a dangerous precedent as it means that cogent medical and scientific evidence can simply be ignored in preference to subjective interpretations of circumstantial evidence.’’</span><br /><br /><span>The diary entries used to convict Folbigg have been the subject of much legal debate.</span><br /><br /><span>In her 2019 inquiry, she was questioned extensively about them.</span><br /><br /><span>Chris Maxwell QC for the Office of the Director of Public Prosecutions questioned her over her diary entries which led to an emotional response from Folbigg.</span><br /><br /><span>“I don’t know why any of my children died, but I didn’t kill them,” she said.</span><br /><br /><span>“I didn’t kill my children and these diaries are just a record of how depressed (I was) and how many issues I was having.”</span></p> <p><img style="width: 500px; height:281.25px;" src="https://oversixtydev.blob.core.windows.net/media/7840119/kathleen-folbigg-4.jpg" alt="" data-udi="umb://media/a44b89d290bc4948a7afc08c83cc3524" /></p> <p><em>Laura Folbigg with her mother Kathleen. <span class="image-source">Source: Supplied.</span></em><br /><br /><span>Mr Maxwell grilled Folbigg over the phrases she used in her diaries — such as “dangerous mood” and “losing control”.</span><br /><br /><span>“In my most dangerous mood I’m not a very nice person to be around,” she wrote in one of the entries.</span><br /><br /><span>Folbigg said of them: “Dangerous mood means depression to me. When I’m depressed or a little cranky, don’t come near me.”</span><br /><br /><span>She further argued in 2018: “Those diaries are written from a point of me always blaming myself.</span><br /><br /><span>“I blamed myself for everything. I took so much of the responsibility, because that’s, as mothers, what you do.”</span><br /><br /><span>The petition argued her latest appeal could take years to finalise.</span><br /><br /><span>“Ms Folbigg has suffered and continues to suffer emotional and psychological trauma and physical abuse in custody,’ the petition read.</span><br /><br /><span>“She has endured the death of her four children and has been wrongfully incarcerated because the justice system has failed her. We the undersigned seek her immediate pardon and release from jail.”</span></p>

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New evidence could clear Kathleen Folbigg of killing her daughters

<p>Fresh genetic evidence which raises new questions about the conviction of Kathleen Folbigg for killing all four of her children have been unveiled.</p> <p>The new genetic findings, discovered by a team of 27 scientists from Australia, Denmark, Italy, Canada, the United States and France have been peer-reviewed and published in top international cardiology journal, Europace.</p> <p>The scientists studied a never-before reported genetic mutation found in Folbigg’s children Sarah and Laura that they inherited from her.</p> <p>Scientists in Denmark, who carried out biochemical experiments say the results show the mutation, known as the CALM2 G114R variant is “likely pathogenic” and “likely” caused the girls’ deaths.</p> <p>And despite the boys not being the focus of their experiments, the team also discovered a different genetic mutation found in Folbigg’s two sons, Patrick and Caleb, that could explain their deaths too.</p> <p>Senior author of the recent paper Professor Peter Schwartz said: "The significance of our evidence is that there is a strong possibility that the two female Folbigg children died a natural death, due to a lethal arrhythmia favoured by the presence in these two children of a disease-causing mutation inherited from the mother.</p> <p>"This mutation causes a 'Calmodulinopathy' — an extremely severe arrhythmic disease that can manifest in three main clinical variants, all predisposing to sudden cardiac death in infancy and childhood, or also later in life."</p> <p>Professor Schwartz added: "The two girls with the Calmodulin mutation fit the pattern well known in genetic disorders and — more likely than not — they both died a natural arrhythmic death due to their disease.</p> <p>"It goes without saying that this important finding does not explain the death of the two boys.</p> <p>"That's another story and I cannot comment on it."</p>

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Australia's 'most hated woman' Kathleen Folbigg speaks for first time from jail

<p>Kathleen Folbigg, who was convicted of killing her four children, has spoken out about her incriminating diary entries that were a crucial part of her prosecution.</p> <p>Since she was found guilty by a New South Wales Supreme Court jury in May 2003 of the murder of her infant children Patrick, Sarah and Laura and the manslaughter of Caleb, the mother has maintained her innocence – saying that her offspring all died of natural causes.</p> <p>Ms Folbigg’s legal team lodged a petition for a judicial review of her case with the NSW Governor in 2015, which includes a new report from Professor Stephen Corner, a prominent forensic pathologist in Australia.</p> <p>The report casts doubt on the forensic evidence that played a major role in her prosecution case, ultimately leading to her conviction.</p> <p>In a phone call recorded by <a href="http://www.abc.net.au/austory/"><span style="text-decoration: underline;"><strong><em style="font-weight: inherit;">Australian Story</em></strong></span></a>, Folbigg speaks out for the first time, discussing her incriminating diary entries.</p> <p>"You've got to understand that those diaries are written from a point of me always blaming myself," Folbigg said during the phone call.</p> <p>"I blamed myself for everything. It's just I took so much of the responsibility, because that's, as mothers, what you do."</p> <p>Folbigg claimed her entry which read, “She left. With a bit of help”, was talking about a higher power. </p> <p>"That quote, that was a reference to God or to some higher power or something going on that I didn't understand. I was thinking why was I not allowed to have the other three but now I've fallen pregnant again am I going to be allowed to keep this one?"</p> <p>During the call, she also talked about her regret of not testifying at trial. </p> <p>"I said [to my solicitors]: 'I don't think I'll cope with sitting up on the stand and having some bloke just attack me over them [the diary entries]. Now, 15 years later, I'm sort of gosh, I should've done it… I'm a totally different person, so, yeah, I would have the strength to sit up there and go: 'Wait a minute, what are you trying to do here?'"</p> <p>Folbigg’s trial was a case that shocked Australia and she was sentenced to 40 years in jail, which was later reduced to 30 years.</p> <p>"I often described it, especially when I was going through the trial, as like I was just hanging onto a cliff by one finger," Folbigg recalled.</p> <p>In 2013, Folbigg’s lawyers commissioned a report from Professor Stephen Cordner, who examined the medical evidence presented at the trial.</p> <p>"There is no positive forensic pathology support for the contention that any or all of these children have been killed," Professor Cordner wrote in his report.</p> <p><em style="font-weight: inherit;">Australian Story</em> found another forensic pathologist at Vancouver General Hospital, Associate Professor Matthew Orde, who agreed with the report.</p> <p>"Fundamentally, I'm in agreement with Professor Cordner, in that all four of these child deaths could be explained by natural causes," said Associate Professor Matthew Orde.</p> <p>However, New South Wales Director of Public Prosecutions at the trial, Nicholas Cowdery, disagrees.</p> <p>"I have looked at the petition that Mrs Folbigg has lodged. I've looked at the reports that have accompanied that petition. I remain of the view that the jury was correct," he said.</p> <p>Despite not agreeing with the report, Mr Cowdery said it was “concerning” the petition filed three years ago has not triggered a question of whether an inquiry should be held into Folbigg’s convictions.</p> <p>"I think this is an inordinate delay in dealing with this matter," he said.</p>

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