Saturday, December 03, 2022

Retired Chief Justice Tells Kathleen Folbig Probe He Will ‘Make Up His Mind’ on Fresh Evidence

A retired NSW Chief Justice, who will chair the new investigation into convicted child murderer Kathleen Folbig, says she will make up her mind about new evidence that will be heard.

The NSW Attorney General has ordered a second public inquiry into the murder of her three children and the conviction of Kathleen Folbig for the murder of a fourth child, after claims new scientific evidence could clear her up.

Now 55 years old, he was convicted in 2003 and has six years left to serve his minimum sentence of 25 years.

Retired Chief Justice Tom Bathurst QC said in a directive at the hearing today that he would set aside the findings of the 2018 investigation as new scientific and genetic evidence is flagged.

“Considering the genetic variant evidence… I will report to the governor once it is complete,” he said.

“It’s up to me to make up my mind.”

A 2018 investigation by retired District Court judge, Reginald Blanche, found medical evidence presented then only corroborated Folbig’s guilt.

Kathleen Folbig
Kathleen Folbig’s daughter Laura was 19 months old when she died.,supply,

Sophie Colon SC, the lawyer assisting with the new investigation, said there is 19 new evidence and a group of scientists from the Australian Academy of Sciences is considering assisting with the investigation.

“This is an unusual investigation promoted by new developments in genetic science,” she said.

“We respectfully put the findings of the Blanche investigation aside, your respect requires you to come to your own point of view.”

If the Academy assists, it will be the first time a body of scientists has intervened in an investigation into wrongful convictions in Australia.

Kathleen Folbig
Kathleen Folbig was convicted in 2003 of murdering four of her children over a 10-year period.,supply,

Last year a group of 90 scientists petitioned for Folbig’s early release, arguing that there was no medical evidence that he had killed the children.

They found that two of their daughters had inherited a previously unknown genetic form from their mother, which can lead to sudden death.

Her husband Craig, who gave his diary to the police before being convicted in 2003, will represent the DPP, the Commissioner of Police and NSW Health in the new investigation, scheduled for November.

Fallbig’s children died between 1989 and 1999.

He has been convicted of murdering Patrick at eight months, Sarah at 10 months and Laura at 19 months. He is convicted of killing Caleb in 19 days.

Kathleen Folbig has always said that she died of natural causes.

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