A woman jailed for 20 years for the deaths of her four children has been pardoned in New South Wales after a judicial review found there was reasonable doubt about the original convictions, and that two of the children had died from a genetic mutation and one from an underlying neurological condition.
Although she steadfastly maintained her innocence, insisting they had died from natural causes, Kathleen Folbigg was convicted in 2003 for the murder of three of the children and manslaughter of the fourth, reports News24.
An initial 2019 inquiry found that the evidence reinforced her guilt, but 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 been responsible for their deaths.
State Attorney-General Michael Daley pardoned Folbigg after summary findings from the Bathurst inquiry found reasonable doubt for each conviction.
Daley said the unconditional pardon would allow her to 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.
“I am unable to accept the proposition that the evidence establishes Folbigg was anything but a caring mother for her children,” he said.
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