Photo: Joel Carrett/EPA
Kathleen Folbigg spent two decades in prison on what was viewed as an unfair accusation
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This Thursday (14) the Australian court officially annulled the convictions against Kathleen Folbigg. The woman spent 20 years in prison after being convicted of killing her four children. According to the court, the sentence was wrongly imposed. The lawyers called for legal reform and “substantial” compensation.
Folbigg has been free since June, when retired judge Tom Bathurst reexamined the evidence in the 2003 case and found there was “reasonable doubt” about his guilt in the deaths of his children.
The New South Wales Court of Criminal Appeal then formally decided to overturn the conviction in order to clear Folbigg's name of guilt in the case. The decision was made by a panel of judges who agreed that the woman should be acquitted of all charges against her, labeling it one of the country's most serious miscarriages of justice.
Speaking outside the courts after the decision, Folbigg thanked those who supported her at the time and those who had worked to persuade the government and legal system to reevaluate the evidence and take into account the new scientific findings that provide a more accurate Examination justified his beliefs.
Joined by lawyers and friends, Folbigg said: “The time to see today's result has taken a toll on many people.” “I hoped and prayed that one day I could stand here with a clear name,” he added.
Attorney handling the case, Rhanee Rego, said: “I'm not prepared to put a value on it, but it will be larger than any significant payment made to date.” She added: “An innocent woman who is suffering can do this. “and should be recognized and be an important impetus for improving our legal system.”
She was convicted in 2003 of three counts of murder and manslaughter after her four children all babies died over a decade starting in 1989.
The first child was Caleb, who died in 1989. The second was Patrick, who died in 1991, followed by Sarah in 1993 and Laura in 1999. The first three deaths were classified as sudden infant death syndrome (SIDS). However, following Laura's death, the investigation into Folbigg began after the autopsy classified the death as “undetermined”.
However, no physical evidence was presented that Folbigg killed the children. However, the jury at the time found it unlikely that the four babies died of natural causes since the woman had murdered them. In addition, after reading the woman's diary, some passages were interpreted as admissions of guilt.
During an examination in 2022, a previously unknown mutated gene was discovered in his daughters, which could have been the cause of death. This raised “reasonable doubt” about the authorship of a murder and the deaths could be a genetic problem.
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