Director of Public Prosecutions accepts reasonable doubt

The NSW Director of Public Prosecutions has conceded there is ‘reasonable doubt’ in Kathleen’s case, as Tom Bathurst KC hears closing submissions in her second judicial inquiry.

Sophie Callan SC, one of three lawyers assisting the inquiry, said the evidence overall shows there is reasonable doubt about Kathleen’s convictions, and a strong plausible case for each child’s death.

“Ms Folbigg urges Your Honour to find reasonable doubt and the strong possibility of innocence,” Callan said.

Callan said evidence about a rare gene mutation Kathleen shared with her two daughters – CALM2G114R – must be seen as casting doubt on her convictions for killing Laura and Sarah.

She said other medical evidence about seizures and epilepsy must be seen as casting doubt on Kathleen’s convictions for killing sons Patrick and Caleb.

She also said psychiatric and psychological expert evidence presented to the inquiry has cast doubt on Kathleen’s diary entries used to convict her at trial.

Callan told the inquiry Kathleen “had a major depressive disorder and was expressing maternal grief” when she wrote about struggling with motherhood.

Outside the inquiry, Justice For Kathleen Folbigg spokesperson Tracy Chapman said: “To hear it in the courtroom this morning… I should have brought more tissues, I cried a river. I’m ready to go and get her and bring her home.”

The inquiry will conclude with the remaining closings submissions on Thursday before Mr Bathurst will deliver his findings at a later date.

If Mr Bathurst finds there is reasonable doubt as to Kathleen’s guilt, he can refer her case to the Court of Appeal where her convictions could be quashed. He can also send his report to NSW Governor Margaret Beazley, who can issue Kathleen with a pardon.

“If there’s empathy and humanity in this space, the judge after hearing what he’s heard, I would love him to give her parole now,” Tracy said.

“But ultimately I’d love a pardon. We’ll take what we can get at this point. Bring her home!”

2 Comments on “Director of Public Prosecutions accepts reasonable doubt

  1. This is a travesty of justice. This appears to be a case of the judicial system not wanting to take responsibly for incarcerating an innocent person for 20 + years. Shame on them. Shame on the Australian judicial system.

    Liked by 1 person

  2. Hopefully justice will be done, she has many supporters – we can only hope common sense prevails

    Liked by 1 person

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