Kathleen Folbigg, released from prison in June 2023 and sentenced to forty years in prison for the murder of her four children in 2003 when she was innocent, is preparing to receive record compensation from the Australian justice system. An unprecedented miscarriage of justice in the country that would prompt the country to consider reforming its judicial system, reports The Guardian.
In 2003, she was convicted of the involuntary manslaughter of her eldest child Caleb, who died 19 days after his birth, and the murder of her three other children, Patrick, Sarah and Laura, who died when they were 19, 10 and 19 years old. charged 8 months. The facts span ten years, between 1989 and 1999.
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“My words were taken out of context and turned against me”
The former defendant denounces a botched trial: To convict her, the prosecution relied on the controversial Meadow Law, which states that in families in which three or more infants die suddenly, the parents are considered suspected murderers.
As evidence of Kathleen Folbigg's guilt, the judges presented excerpts from her diary: “I shouted at Laura and she wouldn't stop crying. I went to my room and let her cry. I was only gone for 5 minutes but it felt like an eternity. I feel like I'm the worst mother on earth. I'm afraid she'll leave me. Like Sarah. I was moody and sometimes cruel to her and she left.”
A practice that the defendant denounced: “Nobody expects strangers to read something like that, and certainly not for them to express their opinion about it.” They took my words out of context and directed them against me. You accused me of something I never wrote, that I never did and that I could never do.”
In 2018, a twist rocked the case: an investigation conducted by a team of experts revealed that Kathleen and her two daughters carried a rare genetic variant called “CALM2-G114R.” Both boys carried variants of the “BSN” gene. “However, it has been shown that this gene could cause premature fatal epilepsy,” explains immunologist Carola Vinuesa, adding that “there is a high probability that the deaths of these four children were natural.”
“This story illustrates broader issues.”
A new investigation in June 2023 confirms this theory, allowing Kathleen Folbigg to be pardoned and released after twenty years behind bars. She said at the time: “I am lucky to be able to rebuild my life. A chance that many others will never have. “We must improve Australia’s justice system to ensure fair trials because the truth matters.”
Unlike the United Kingdom, the United States, New Zealand or Canada, Australia does not have independent commissions responsible for reviewing convictions and investigating possible miscarriages of justice. The creation of such a body would still be necessary in the country, says Rhanee Rego, Kathleen's lawyer: “This story illustrates broader problems in our legal system, a poorly designed review system that is unable to detect and correct judicial errors in a timely manner.”
Rhanee Rego has just filed a claim with the state for compensation on behalf of her client. If she did not give an exact amount, the lawyer indicated that it would be “higher than any other compensation decided to date in the country.” Attorney-General Michael Daley said the government was considering the application.