<
https://theconversation.com/kathleen-folbigg-pardon-shows-australia-needs-a-dedicated-body-to-investigate-wrongful-convictions-205645>
"The New South Wales Attorney-General Michael Daley today announced Kathleen
Folbigg has been pardoned after having served 20 years for the murder of three
of her infant children and the manslaughter of a fourth child. She has already
been released, and won’t serve the rest of her 30-year sentence.
Daley had seen the preliminary findings of a second judicial inquiry led by
former NSW Chief Justice Thomas Bathurst, which found there was reasonable
doubt as to Folbigg’s guilt for each of the offences.
At trial, the prosecution had relied on the statistical improbability of so
many of her children dying accidentally. However, at the second inquiry, this
reasoning was called into question by fresh scientific evidence pointing to
possible medical causes of the deaths.
Her two daughters were found to have a mutation in the CALM2 gene, which is
associated with sudden infant death.
One of her sons may have had an underlying neurological condition such as
epilepsy, which may have caused his death.
In relation to the death of her other son, Bathurst said the new medical
evidence regarding the other three deaths undermined some of the reasoning used
in the case against her. He said “the coincidence and tendency evidence which
was central to the (2003) Crown case falls away”.
At trial, and in the first inquiry, the prosecution had argued Folbigg’s diary
entries relating to the deaths of her children could be interpreted as
admissions of guilt. But having been presented with fresh psychological
evidence, Bathurst interpreted the diary entries as “the writings of a grieving
and possibly depressed mother, blaming herself for the death of each child”.
Whereas at trial Folbigg had been presented by the prosecution as “Australia’s
worst female serial killer”, Bathurst indicated he was “unable to accept […]
the proposition that Ms Folbigg was anything but a caring mother for her
children”.
The Folbigg case is a particularly tragic case, but it’s not unprecedented. The
criminal justice system carries an inbuilt risk of wrongful conviction. Ad hoc
commissions of inquiries like the Folbigg inquiry are inefficient and
expensive. The system needs reform.
The Folbigg case is yet another demonstration that Australia needs a Criminal
Cases Review Commission (CCRC) – a statutory body working at arm’s length to
investigate claims of wrongful conviction."
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
