Justice for Kathleen Folbigg 
The trauma Kathleen Folbigg has suffered is unimaginable, but her spirit is indomitable. She emerged bravely from the Court of Criminal Appeal this morning following her wrongful convictions being officially overturned.
The Court of Criminal Appeal delivered its judgment on Kathleen’s application to have her sentences quashed in the Banco Court at 10am on Thursday, 14 December 2023.
Led by Chief Justice Andrew Bell, the Court’s verdict was that all Kathleen’s convictions be quashed and she be acquitted.
Bell noted that in light of submissions filed by Kathleen and the Crown there was no purpose in having a hearing before it made its decision.
Kathleen held the hand of her childhood friend and advocate Tracy Chapman and was surrounded by supporters as the judgement was delivered. Kathleen wiped away tears and the public gallery broke into a standing ovation.
Tom Bathurst, KC, who headed an inquiry into Kathleen’s convictions, released his final report last month. The Crown describing it as comprehensive and thorough.
Bell said the court had arrived at the same conclusion as the report.
“There is now reasonable doubt as to Ms Folbigg’s guilt.”
Decades of heartbreak
Kathleen endured the heartbreak of losing her four children and a conviction that confined her to prison for more than 20 years for their murder.
On 21 May 2003 she was sentenced in the NSW Supreme Court to 40 years imprisonment, with a non-parole period of 25 years. She always maintained her innocence and the team at Justice for Kathleen Folbigg has never waivered in our fight for her freedom.
It is incomprehensible that the legal system incarcerated her for so long and that an inquiry in 2018 that concluded that the evidence reinforced her guilt, flying in the face of growing scientific evidence that her children died from genetic causes.
As the BBC notes: “Ultimately it would be the advocacy of friends and new findings from scientists around the world – including Nobel laureates – that saw her freed.”
In 2022, the NSW Government ordered an inquiry into her conviction, which heard new evidence that two of the children’s deaths was caused by a rare genetic variant, casting reasonable doubt on her guilt.
The inquiry was led by former NSW Chief Justice Tom Bathurst, who concluded that he was “unable to accept the proposition that Folbigg was anything but a caring mother for her children.”
Following a recommendation by NSW Attorney General Michael Daley, Kathleen was unconditionally pardoned by the NSW Governor Margaret Beazley and released from prison in June 2023.
In November, having released his final report, Bathurst referred the case to the Court of Criminal Appeal to consider quashing Kathleen’s convictions.
While her convictions remained, she still faced obstacles, for example remaining on the NSW Child Protection Register and therefore being considered someone who is a danger to children.
Today, the justice we have long sought for Kathleen has been secured. While nothing can compensate for everything that she has lost, we are thrilled that her name has been cleared.
We thank everyone who has worked so tirelessly for this day and all those who have supported Kathleen along the way.
Our hearts are particularly full for Tracy Chapman, who has devoted so many years of her life to securing her childhood friend’s freedom.
Outside the courtroom, Tracy said: “Today marks the end of an epic journey, one that’s tested our friendships and belief in justice.
“The 20-year fight for Kathleen has been a Herculean effort. It cost jobs, loss of income and shattered lives and relationships. It also required enormous mental fortitude.
“My deepest gratitude goes to the scientific and legal professionals, the awesome Justice for Kathleen Folbigg members, and Kath’s legal team — Robert, Rhanee, and Greg. Without you, Kath and I would not be standing here today. I feel truly humbled.
“This ordeal emphasised the importance of lifelong friendships. Bonds forged and reinforced in adversity, with Kath, Megz, Lans, and Melissa, and for the many others, whose support we received along the way. We’ve proven that, together, anything is possible.
“Injustices faced by Kath call for systemic reform. I know Rhanee has already touched on this, but I’ve witnessed first hand the extreme and lasting toll a wrongful conviction can have on someone.
“I believe our legal system can do better, a lot better. A trauma-informed approach needs to be adopted from the start in legal cases and a criminal cases review commission also needs to be established, particularly if new scientific evidence comes to light. The commission should also allow advocates’ voices to be heard and global networks to be scrutinised for similar cases so we can learn from them.
“As we close this chapter, remember the value of friendship, persistence, and standing steadfast. Kath, I never doubted your innocence not for one moment.”
Kathleen’s statement in full
“I am grateful for the huge efforts of my friends and family, my legal team, scientific professionals and concerned individuals. The time this has taken in seeing today’s result has cost many people a lot, not just financially, but emotionally.
“For almost a quarter of a century, I faced disbelief and hostility. I suffered abuse in all its forms. I hoped and prayed that one day I would be able to stand here with my name cleared.
“The case against me was always about my diaries and Meadow’s Law. They cherry picked words and phrases from my journals. Those books contained my private feelings, which I wrote to myself. No one expects those type of things to be read by strangers, let alone opinionated on.
“They took my words out of context and turned them against me. They accused me of something I never wrote about, never did and never could do. I hope that no one else will ever have to suffer what I suffered.
“I am grateful that updated science and genetics have given answers to how my children died. However, even in 1999, we had legal answers to prove my innocence. But, they were ignored and dismissed. The system preferred to blame me rather than accept that sometimes children can and do die suddenly, unexpectedly, heartbreakingly. I think the system and society need to think before they blame a parent of hurting their children.
“My children are here with me today and they will be close my heart for the rest of my life. I loved my children and I always will.
“I know I am one of the lucky ones: I have a chance, with support, to rebuild my life. But there are many other people who aren’t so lucky. In our lucky country Australia, this should not be the case. We need to be humble and open to improving the system to ensure truth is revealed; because truth and the correct legal outcomes matter.”
Tom Bathurst KC, who led an inquiry into her convictions earlier this year, has released his final report and confirmed that he is referring the matter to the Court of Criminal Appeal.
Evidence was presented to the inquiry that a genetic variant causing lethal cardiac arrhythmias had triggered the deaths of Kathleen’s two daughters, Sarah and Laura.
The report, released on Wednesday, concluded that “there is an identifiable cause of the death of Patrick, Sarah and Laura”, and, that it was “more likely” that an acute life-threatening episode suffered by Kathleen’s second child Patrick “was caused by a neurogenetic disorder rather than suffocation”. He also says the “reasonable possibility” that Kathleen’s first child Caleb died of unknown natural causes “has not been excluded”.
“I will also, as requested by Ms Folbigg, refer the matter… to the Court of Criminal Appeal… for consideration of the question of whether the convictions should be quashed,” the report read.
Kathleen was pardoned in June over the deaths of her four children and will have her case referred for a possible appeal to consider whether she should be exonerated.
If the court decides to grant an appeal, and if that appeal is successful, her convictions will be officially overturned.
She was released from prison after the inquiry lead by Bathurst found there was “reasonable doubt” as to her guilt as a result of new evidence.
She had served 20 years in prison after being convicted of three counts of murder and one count of manslaughter over the deaths of her children Laura, Sarah, Patrick, and Caleb between 1989 and 1999.
Her solicitor Rhanee Rego said the referral was “another significant positive milestone on Kathleen’s 24-year journey to clear her name”.
“Mr Bathurst found in the report that Ms Folbigg was ‘a loving and caring mother’,” Rego said in a statement.
“This finding reinforces a personal truth that Kathleen has held in her heart for more than two decades.”
The Australian Academy of Science, which provided advice to the inquiry, said it “applauded the New South Wales justice system for adopting mechanisms to have science comprehensively heard”.
“The question must now be asked: how do we create a more science-sensitive legal system so that decisions in the justice system can be routinely informed by reliable evidence especially when it involves an understanding of complex and emerging science?” CEO Anna-Maria Arabia said.
Kathleen’s friend Tracy Chapman said: “Kath thinks of her children every day and continues to grapple with the challenges of adjusting to life outside prison after 20 years of incarceration. Our hope is that the Court of Criminal Appeal will see the evidence with fresh eyes and exonerate her.”
7NEWS Spotlight screened an exclusive insight into Kathleen Folbigg’s life since her release during an interview that aired on the Seven Network on Sunday October 15, 2023 at 7pm.
In “Unbroken: The Kathleen Folbigg Story”, Kath opens up to Natalie Barr from her friend and advocate Tracy Chapman’s property on the NSW mid-north-coast.
Natalie spent days with Kath during the interview and said in the lead up to it screening: “She didn’t seem broken after two decades in jail. She appeared strong, articulate, determined, thoughtful and happy.
“…She was open to speak to and spend time with. I think I expected her to be bitter.
“I kept trying to put myself in her position and think about how I’d be, but of course none of us ever will be.”
Known for years as prisoner 323130, Kath admits it has been an enormous transition to re-enter the world following an inquiry into her convictions finding scientific and psychiatric evidence that led inquiry chair Chief Justice Tom Bathurst to hold the “firm view that there was reasonable doubt as to the guilt of Ms Folbigg for each of the offences for which she was originally tried”.
When she was released from prison, Tracy was one of the first people to greet her.
During the 7News interview, the pair discuss her diaries, supplied to police by her ex-husband, which formed part of the prosecution’s case.
Tracy tells Natalie exactly how her friend explained these disturbing written entries via letters she wrote to her from prison.
“To start with, I’ll agree, some of my entries sound atrocious,” Kathleen wrote. “All I can say is that at times, and at the time in question, I wasn’t in a good, positive frame of mind… the diaries were used to dump every negative emotion, feeling, thought, I’ve ever had. I didn’t use them like other people to record all the joyous happenings.”
She then said in her letter: “You must consider, I had a man in my life that didn’t concern himself with my emotions, only his own. A very self-centred man, only showing sparks of real generosity when it came to truly caring how I felt at any given moment.
“I actually grasped at anything, Trace. If it wasn’t physical, medical, or genetic, what was it? I thought I was to blame… I blamed myself. I convinced myself that I’d failed as a mother, a woman even…
“I was tortured, heart smashed, no confidence in myself at all. Felt stomped on, torn to pieces, and couldn’t gain comfort from the people I kept turning to.”
Watch the interview with Kathleen and Tracy, as they sit down with the Seven Network’s Natalie Barr via 7Plus: https://7plus.com.au/news
While Kath has been given an unconditional pardon, she has not been exonerated and Chief Justice Bathurst has not released his report on the inquiry yet.
As Tracy points out: “In the eyes of the law Kath’s still a convicted child killer, murdering mother, and still carries the convictions to prove it. She has only been pardoned, and the convictions still stand. Kath can’t get a loan, she’s on a child protection register, and cannot intentionally associate with children. Kath also can’t get a job as she has criminal convictions against her name.”
We hope to see true justice and an exoneration for Kathleen soon.
After 20 years in jail Kathleen Folbigg has finally been pardoned. NSW Attorney General Michael Daley made the recommendation of a pardon this morning to the NSW Governor, Her Excellency the Honourable Margaret Beazley AC KC.
Her Excellency accepted the recommendation.
NSW Attorney General Michael Daley has today also released summary findings prepared by the Hon Thomas Bathurst AC KC, who has been leading the Inquiry into the convictions of Kathleen.
In a memorandum outlining his findings, Bathurst stated he had reached “a firm view that there was reasonable doubt as to the guilt of Ms Folbigg for each of the offences for which she was originally tried.”
Based on these findings, Daley recommended to the Governor that the Royal prerogative of mercy be applied to unconditionally pardon Kathleen.
Key points from Bathurst’s memorandum to the Attorney General include:
- There is a reasonable possibility that three of the children died of natural causes.
- In the case of Sarah and Laura Folbigg, there is a reasonable possibility a genetic mutation known as CALM2-G114R occasioned their deaths.
- Bathurst was “unable to accept… the proposition that Ms Folbigg was anything but a caring mother for her children.”
- In relation to the death of a fourth child, Bathurst found that “the coincidence and tendency evidence which was central to the (2003) Crown case falls away.”
- In relation to Kathleen’s diary entries, evidence suggests they were the writings of a grieving and possibly depressed mother, blaming herself for the death of each child, as distinct from admissions that she murdered or otherwise harmed them.
Bathurst advised that due to the volume of submissions and evidence, it would take some time for the formal report to be finalised.
Bathurst will continue to prepare a report to the Governor pursuant to s 82 of the Crimes (Appeal & Review) Act 2001 NSW.
NSW Attorney General Michael Daley said: “The result today is confirmation that our judicial system is capable of delivering justice, and demonstrates that the rule of law is an important underpinning of our democratic system.
“I thank the team on the inquiry for the work they have done so far. I also thank Mr Bathurst for the thorough and robust assessment he provided me which helped enable this outcome.
“I thank the previous Attorney General Mark Speakman and the NSW Governor her Excellency the Hon Margaret Beazley, KC, AC, for establishing this inquiry.
“Given all that has happened over the last 20 years, it is impossible not feel sympathy for Kathleen and Craig Folbigg. I am glad that our legal system in NSW contains provisions that allow for the continual pursuit of truth and justice.”
However, her convictions have not been quashed. The only body that can do that is a Court of Criminal Appeal.
“The effect of a pardon is that she will not have to serve the rest of her sentence,” Daley said.
Our fight for justice continues, but we are thrilled that she finally has her freedom.
Daley revealed: “I would like to also say that we also took the opportunity, as you would expect, to make sure that Ms Folbigg was released without delay so I spoke to the minister for corrections last night.”
Thank you to everyone who has supported Kathleen during this difficult journey.
The NSW Government has supported a motion that has passed in the upper house, which calls for Kathleen Folbigg to be released. It follows the hearing into her convictions in April finding there was medical evidence to suggest her children died of natural causes.
The motion was put forward by Sue Higginson, the NSW Greens’ justice spokesperson. It called on NSW Attorney-General Michael Daley to issue advice to the governor to either pardon Kathleen, or grant her conditional release on parole.
“With this motion being carried, the calls for Ms Folbigg’s release will continue to escalate and the pressure on the attorney general will increase,” Higginson said.
“The weight of the submissions of counsel assisting the inquiry was acknowledged and the importance of the director of public prosecution’s confirmation of those. Now it is up to the attorney general to respond to the evidence and release Ms Folbigg. This is not a matter of opinion or belief, this is a matter of evidence and justice.”
Labor MP Stephen Lawrence said during the debate the evidence given at the inquiry was the most “significant development in the criminal justice system in NSW [in] living memory”.
“The horror of what we are dealing with here can scarcely be understated,” he said. “It’s perhaps those horrors that make this case quite difficult to engage with on a human level, but engagement with it needs to be done.”
Unfortunately, the motion included amendments that the government take action as soon as appropriate and practicable rather than immediately.
Acting on behalf of Daley in the upper house, Treasurer Daniel Mookhey amended the motion and said the government would only act once the inquiry hands down their report. However, he said they would move with “urgency” once it was appropriate to do so.
“We wish to ensure that our amendments reflect the significance of this matter and provide assurance to all affected parties that the government has heard and is listening to these calls for actions and will make determinations of Ms Folbigg’s applications as soon as it practical,” he said.
“The proper administration of justice and central belief in the Attorney-General will ensure that significant matters are dealt with proper diligent and proper consideration.”
Nationals MP Bronnie Taylor commended the work of Kathleen’s friend, Tracy Chapman and her lawyer, Rhanee Rego who has worked her client pro bono for six years.
“I respect with the Attorney-General has decided to wait for Tom Bathurst but I do urge the Attorney-General to act immediately once he receives the report and pardons Katelyn because every day in prison is a day too long,” said Taylor.
A spokesperson for Daley said: “It would not be prudent for the Attorney-General to make a determination with respect to Ms Folbigg’s case in advance of receiving advice or findings from the Inquirer, the Hon Tom Bathurst KC, given the previous extensive judicial consideration, and the breadth of technical scientific and legal evidence being considered,” they said.
“This government was elected with a mandate to act on expert advice when it comes to decisions across government.
“The Attorney-General will work to expedite any recommendations regarding Ms Folbigg which may result from the Inquiry.”
Tracy (pictured main with fellow supporter Megan Donegan) said Australians should be outraged that Kathleen remains in prison, with no clear date for when the former NSW chief justice Tom Bathurst KC, who is heading the inquiry, will finalise his report.
“I sat in court a month ago and I heard the words reasonable doubt and have hung onto those words, waiting, waiting. She should have been let out the day after that was announced.”
Sign the petition calling for Kathleen’s release here.
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!”
The second inquiry into Kathleen Folbigg’s convictions for killing her four children was adjourned for a second time on February 24, following police producing 500 hours of secret recordings from a device planted in her home in 1999.
The inquiry also abruptly adjourned in November 2022 just two days into what was expected to be two weeks of scheduled hearings.
The adjournment came after professors Michael Toft Overgaard and Mette Nyegaard told the inquiry they had made a “significant discovery” regarding a gene called calmodulin.
New research into a gene variant called CALM2 G114R suggests it might have caused Sarah and Laura’s deaths. Tests on their DNA samples showed this mutation was inherited by the girls from Kathleen.
The inquiry, which is being led by NSW former Supreme Court Chief Justice, Tom Bathurst KC, resumed on February 13.
On the final day of evidence, police tabled the recordings, which the inquiry heard had been discovered in December and provided to the inquiry.
Bathurst said it was a “matter of concern they were produced so late”.
He will decide, following the third installment of the inquiry, whether the evidence raises reasonable doubt about Kathleen’s guilt.
If his decision is yes, the case could go back to the Court of Criminal Appeal to consider a pardon or retrial.
Why the new evidence matters
Research was published in 2021 into a newly-discovered variant of a gene which produces calmodulin, a functional protein.
According to this research and subsequent tests into its function, the variant reduces the body’s ability to properly regulate calcium and sodium ions in heart cells.
As Cosmos explains: “Mette Nyegaard and Michael Toft Overgaard expressed their view that no variation to any of the three calmodulin-coding genes – CALM1, CALM2 and CALM3 – could be considered benign, due to the protein’s role in regulating the heart’s ion exchange. This process elicits the human heartbeat.
“In Kathleen Folbigg, the CALM2 gene she passed onto the girls was found to have mutated at position 114, replacing the smallest amino acid glycine with the second-largest, arginine. This is the position where calmodulin proteins normally bind to sodium ion channels in heart cells, meaning the final, so-called ‘Folbigg variant’ (technically CALM2 G114R) is impeded in this task.
“The subsequent misregulation of sodium, they say, could give rise to irregular heartbeats in children.”
There is also no evidence that Kathleen’s children were smothered, which was the view of Dr Allan Cala, the forensic pathologist at her trial.
Other forensic pathologists disagreed. Professor Stephen Cordner – whose retrospective forensic assessment triggered the 2019 inquiry – and Dr Matthew Orde, declared the absence of injuries on the children made it difficult to conclude deliberate suffocation.
In the 2019 inquiry, other pathologists who presented their assessments of the four deaths shared that view.
Professor Peter Fleming, a world-renowned expert in sudden infant death syndrome, strongly emphasised his view that while forced suffocation may leave no signs of injury, as argued by Cala, he would expect to find injuries in older children like Sarah and Laura.
The inquiry will resume on April 26 for closing submissions.
Sign our petition for justice
It is clear there is reasonable doubt in this case. Please sign Kathleen’s public petition calling for her immediate release and share it with your friends and family.
It has been an exhausting but rewarding nine days for the Justice for Kathleen Folbigg team during the inquiry into her convictions.
Many strong testimonies have been given by expert witnesses that cast reasonable doubt on her convictions.
Here are links to some of the top stories on the case.
>> Kathleen Folbigg diary entries not an admission of guilt, inquiry hears
This ABC News article discusses an expert report tendered to the inquiry into the convictions of Kathleen Folbigg for killing her four children claims diary entries that were used to convict her are not admissions of guilt.
>> Leading expert discredits evidence used to convict Kathleen Folbigg of murder
This ABC News article focuses on testimony by Professor Peter Fleming, a world-renowned paediatric intensivist, who told the inquiry he had personally investigated 200 child deaths and was part of a team investigating another 600 child deaths. He said Kathleen’s children did not have injuries consistent with suffocation.
>> Folbigg diaries do not contain ‘true confessions of guilt’, inquiry told
A Sydney Morning Herald article exploring the evidence by experts regarding Kathleen’s diaries.
>> Folbigg’s son likely died of natural causes, Monique Ryan tells inquiry
A Sydney Morning Herald article focussing on the testimony by Federal independent MP Monique Ryan, a senior paediatric neurologist.
>> Folbigg ‘did not smother babies’
The Australian discusses evidence by Canadian forensic pathologist Matthew Orde who said there was no reliable evidence to indicate Kathleen suffocated the babies; and professor Stephen Cordner, who said it was “highly unlikely” the four children were smothered due to the absence of petechiae (a small spot caused by bleeding through the skin) or injuries in the mouth.
A great article from Cosmos magazine regarding Dr Monique Ryan’s evidence.
>> MP tells Folbigg inquiry son may have died from undiagnosed neurogenetic disorder
The Guardian explores Dr Monique Ryan’s testimony.
>> VIDEO: Folbigg inquiry hears diary entries show grief, not guilt
ABC News report.
>> Folbigg inquiry head must decide on evidence now, “can’t wait for science to fully develop”
Cosmos article on why science alone is unlikely to determine the outcome of the inquiry, with former NSW Chief Justice Tom Bathurst KC saying he can’t wait for scientific certainty to emerge over years to make a decision on the case.
>> Kathleen Folbigg letters and diary entries released to inquiry reveal dark moments in jail
ABC article offering summary of Kathleen’s diary and letters.
The second inquiry into Kathleen Folbigg’s convictions resumes on February 13, after being abruptly adjourned in November 2022.
The inquiry is being led by NSW former Supreme Court Chief Justice, Tom Bathurst KC. It has been reviewing new research into a gene variant called CALM2 G114R, which might have caused Sarah and Laura’s deaths. Tests on their DNA samples showed this mutation was inherited by the girls from Kathleen.
The two weeks of scheduled hearings were cut short after just two days when professors Michael Toft Overgaard and Mette Nyegaard told the inquiry they had made a “significant discovery” regarding the gene that carried the mutation, called calmodulin.
The Danish genetics experts are returning to give further evidence and will be followed by scientists Carola Vinuesa and Todor Arsov, who together found the novel variant in the calmodulin or CALM2 gene; medical expert Matthew Cook; expert in the genetics of cardiac arrhythmias Peter Schwartz; and forensic medicine expert Stephen Cordner.
Resources denied to Folbigg legal team
As reported in The Australian, former Macquarie banker Peter Yates been forced to raise $80,000 to fly scientists from the UK, Denmark and eastern Europe to give evidence at the government-ordered inquiry, as the NSW Government won’t finance their flights.
While the Crown is being funded and resourced by the Attorney-General’s Department; Kathleen’s team have been relying on Legal Aid.
“Instructing solicitor Rhanee Rego and barristers Gregory Woods KC and Robert Cavanagh have been working pro-bono for months because Legal Aid only provided 35 days of funding,” The Australian noted.
“Rego’s efforts alone are said to have reached more than 1000 hours … Most miserly of all is the matter finding accommodation for the legal team. Rego lives in Newcastle and Legal Aid won’t stump up the funds for even a budget hotel in Sydney, the cost of which is about $8000 for the duration of the hearings. It’s the same story for the barristers.”
As journalist Yoni Bashan notes: “Such lopsided arrangements can only signal a half-hearted commitment to the fair and full-throated defence of Folbigg’s case.”
We sincerely hope that is not the case as we seek justice for Kathleen.
The hearing in the Inquiry will take place on Level 4 of the Chief Secretary’s Building, 121 Macquarie Street, Sydney. Public entry to the Chief Secretary’s Building is via Bridge Street, Sydney.
The hearing in the Inquiry will also be live-streamed on the Department of Communities and Justice Youtube channel- external sitelaunch.
Limited seating is available for members of the public at the hearing.
The first hearing block in the Kathleen Folbigg inquiry commenced on 14 November 2022 and was listed to run for two weeks.
However, it was adjourned today for three months to allow experts time to review new evidence that has been presented.
Genetic experts Mette Nyegaard and Michael Toft Overgaard travelled from Denmark to give evidence at the Inquiry. They are co-authors of research published in March 2021, which found a rare inherited genetic mutation, CALM2-G114R, may cause cardiac arrhythmias and sudden death in children.
The genetic mutation was found in Kathleen’s daughters Laura and Sarah. Their research discovered that the rare genetic mutation interferes with sodium and calcium levels, which are important for heart function.
“Would you say if it was ‘likely’ that the girls died by reason of the variant?” junior counsel assisting the inquiry, Julia Roy, asked the scientists.
“We think it is likely this mutation could have caused the death,” Overgaard said.
“It looks like a bad variant,” Nyegaard agreed.
Read an explanation of why CALM2-G114R can be deadly in Cosmos Magazine.
Chief justice Tom Bathurst has adjourned the inquiry until February 2023, noting that the parties involved in the inquiry needed time to process the evidence.
He described it as “new and quite exceptional” information.
We are hoping the truth – and science – will finally set Kathleen free.
As Kathleen’s friend Tracy Chapman notes about the new evidence: “Beyond reasonable doubt? Hell yes!”
Justice for Kathleen Folbigg 