Kathleen Folbigg has been granted the right to continue her fight for justice next February, in the NSW Court of Criminal Appeal.

Her lawyers have four days set down from February 15, 2021, with three judges presiding.

The decision follows former NSW District Court chief judge Reginald Blanch QC finding in 2019 that evidence presented to a judicial inquiry reinforced that she was responsible for the deaths of her four children. However, her lawyers will argue that Blanch did not ‘come to grips’ with evidence that proves her innocence and showed apprehended bias against her.

The lawyers have also complained about the way Blanch conducted the inquiry, including that he allowed her to be questioned by her former husband’s barrister, and that he failed to give adequate reasons for his findings. 

“I remind everyone that there is no physical evidence that Kath killed her children,” said her friend Tracy Chapman. “There is, however, mounting new evidence that there were medical reasons behind the tragic deaths of her children.

“Her journals have been taken out of context and not given due consideration to her diagnosis of complex grief disorder, PTSD and the role of journaling in that context. It’s a shameful state of affairs, but the truth doesn’t lie. And denying the truth sure as hell does not change the facts.”

In a peer-reviewed study soon to be published, researchers in Australia, Canada, the United States, France, Italy and Denmark said genetic mutation in Kathleen’s two girls’ DNA had likely been deadly. The Danish scientists said the mutation, called CALM2 G114R, had been inherited from her.

The CALM2 mutation causes a condition called ‘Calmodulinopathy’, which can cause sudden cardiac death in very young children, the paper’s lead scientist said.

The scientists also believe Kathleen’s sons, Caleb and Patrick, had another genetic mutation that could have led to their deaths.

Click here to watch a segment on The Project about the new evidence