Kathleen Folbigg, who was jailed for killing her four children 20 years ago, has been granted an unconditional pardon and released from jail. The decision was made following a recent inquiry headed by retired chief justice Tom Bathurst, who concluded that there was reasonable doubt about Folbigg’s guilt. The inquiry heard new scientific evidence that suggested the deaths of the children could be due to natural causes, including a rare gene mutation that may have caused the deaths of two of the children. The decision to pardon Folbigg has been welcomed by her supporters, who have been campaigning for her release since the inquiry finished.
NSW Attorney-General Michael Daley announced the decision at a press conference, stating that he had received the preliminary findings of the Bathurst inquiry and had reached the view that there was reasonable doubt as to Folbigg’s guilt for each of the offences. He also confirmed that Folbigg’s criminal convictions have not yet been quashed and that the only body that can do that is the Court of Criminal Appeal. However, the effect of a pardon is that she will not have to serve the rest of her sentence and may make an application to the NSW Government for compensation in due course.
Folbigg’s release has been described as “not a day too soon” by NSW Greens Upper House member Sue Higginson, who commended Mr Daley for his “courage” in releasing Folbigg. She also urged people to support Folbigg as she tries to seek justice in retrospect for the 20 years of her life that she has lost. Mr Daley acknowledged the immense gravitas of what has transpired, stating that there were four little bubbas who are dead, a husband and wife who lost each other, a woman who spent 20 years in jail, and a family that never had a chance.
The decision to pardon Folbigg has brought an end to a “terrible ordeal” for everyone involved, according to Mr Daley. He has also spoken with Craig Folbigg, the ex-husband of Kathleen, to inform him of the decision. Mr Folbigg’s lawyers urged the Bathurst inquiry that his ex-wife’s convictions should be upheld. However, Mr Bathurst has come to a “firm view” that there was reasonable doubt as to the guilt of Ms Folbigg and has recommended that she be released from prison and pardoned.
The decision to pardon Folbigg has been widely reported in the media, with live updates, reactions, and contributions from ABC readers. The case has been compared to the Lindy Chamberlain case in Australia, which saw a mother wrongly convicted of killing her baby daughter in 1980. The case was eventually overturned in 1986 after new evidence emerged.
The decision to pardon Folbigg has been welcomed by her supporters, who have been campaigning for her release for many years. The case has raised important questions about the use of circumstantial evidence in criminal trials and the need for scientific evidence to be properly considered. It has also highlighted the importance of ensuring that justice is done in cases where there is reasonable doubt about a person’s guilt.