2023-11-08
The final report from the Inquiry into the Convictions of Kathleen Folbigg has today been handed down, almost six months after she was pardoned. The report has been referred to the Court of Criminal Appeal where Ms Folbigg will have an opportunity for her convictions to be quashed. Consistent with the interim report provided to the Attorney General in May that resulted in Ms Folbigg’s release, the report finds there is reasonable doubt as to Ms Folbigg’s guilt and her four children may have died of natural causes.
Greens MP and spokesperson for justice Sue Higginson said: “Counsel Assisting made a submission to the inquiry in April this year that the evidence casts doubt on Ms Folbigg’s guilt. It took more than a month for the Attorney General to act, when at the time he was saying he was waiting for the report to be handed down. The unwavering pressure from Ms Folbigg’s friends and supporters at the time prevented Ms Folbigg from languishing in prison longer.
“The report shows unequivocally a system that failed Ms Folbigg. She spent 20 years in prison, when she consistently maintained her innocence and there was always actual doubt about her guilt. The post criminal conviction review system in NSW is antiquated, loaded with discretion and in desperate need of reform and Ms Folbigg’s case is testament to that. The system failed Ms Folbigg every step of the way, even up until the last minute when the Attorney General didn’t take steps to pardon her as soon as the evidence and submissions that showed doubt of her guilt were on the table.
“Ms Folbigg’s lawyer has said that wrongful convictions leave an indelible mark on society and others have said imprisoning an innocent person may well be the worst thing that the state can do to one of its citizens. It is unacceptable that NSW doesn’t have a modern, accessible and fair system of post conviction review and those who claim they are wrongly convicted must beg the Attorney General to pardon them.
“The report concludes that Ms Folbigg’s diaries cannot be relied upon as an admission of guilt and that the relationship Ms Folbigg had with her children does not support the inference that she killed them. The Inquirer found that the causes of death of three of Ms Folbigg’s children were identifiable and the fourth child’s cause of death was not known. There is no evidence that proves Ms Folbigg is guilty of their murder.” Said Ms Higginson.
For media contact Sue Higginson: 0428 227 363