Kathleen Folbigg is seeking to have her murder and manslaughter convictions quashed by a court of appeal after she was pardoned earlier this year.
Folbigg was convicted in 2003 of killing her children Patrick, Sarah and Laura and the manslaughter of her firstborn Caleb between 1989 and 1999, when the kids were aged between 19 days and 19 months.
An inquiry conducted by Tom Bathurst AC KC into Folbigg’s convictions examined new scientific evidence and found reasonable doubt that the 55-year-old was guilty of killing her children.
Bathurst in his findings concluded “the reasonable possibility” that three of the children died of natural causes, and that in the case of Sarah and Laura there was “a reasonable possibility a genetic mutation known as CALM2-G114R occasioned their deaths”.
She always maintained her innocence, saying her children all died of natural causes.
In June, NSW Attorney-General Michael Daley announced Folbigg had been pardoned and she was immediately released from prison after 20 years behind bars.
Although Folbigg was pardoned, it did not mean her convictions were wiped.
A report from the 2022 inquiry was handed to the NSW governor on Wednesday to be referred to the Court of Criminal Appeal to consider whether Folbigg should be acquitted of the convictions.
“I will … refer the matter with a copy of the report to the Court of Criminal Appeal … for consideration of the question of whether the convictions should be quashed,” Bathurst said in the report.
Folbigg’s solicitor Rhanee Rego said the handing down of the report was a “positive milestone” in her mission to clear her client’s name.
“Today, and every day, Kathleen’s thoughts are with her children,” Rego said.
“Mr Bathurst found in the report that Ms Folbigg was ‘a loving and caring mother’.
“This finding reinforces a personal truth that Kathleen has held in her heart for more than two decades.”
Rego said her team welcomed Bathurst’s finding of reasonable doubt of Folbigg’s conviction and the referral to the court of appeal.
“We look forward to standing with Ms Folbigg in the Court of Criminal Appeal in due course,” Rego said.
