Sue Higginson to move motion in Parliament calling for the release of Kathleen Folbigg


Greens MP, solicitor and spokesperson for justice Sue Higginson will bring on a motion for debate in the NSW Parliament tomorrow calling on the NSW Attorney General to issue advice to the Governor to pardon Kathleen Folbigg and ensure her immediate release. The call for her release comes almost a month after it was revealed in the 2022 Inquiry into the Convictions of Kathleen Megan Folbigg that new evidence shows reasonable doubt about Ms Folbigg’s guilt for the murder of three of her children and manslaughter of one.  

“Counsel Assisting the Inquiry has concluded that on all of the evidence, of which there is volumes, there is reasonable doubt about Kathleen’s convictions” Ms Higginson said. “Counsel Assisting an Inquiry is a special advocate, they work very closely with the Inquirer to examine the evidence and the conclusion has been reached on the evidence. This has been accepted by the Director of Public Prosecutions in a written submission. It doesn’t get any more certain than this. The Attorney General needs to exercise his powers and act on the evidence and he needs to do that now. 

“It's legally and politically untenable to not release Kathleen in the circumstances. We have someone who was wrongly convicted who is still in prison and instead of taking urgent action to right this terrible wrong, the Attorney General is delaying taking any action until after the Inquirer hands down his report. It could be months until this happens and given the clear and compelling evidence it is highly, highly unlikely that his report will be inconsistent with the expert submissions now on the public record.  

“The release of the final inquiry report is not a precondition for the Attorney General to release Kathleen, his power is separate from the inquiry. He has the power to issue the advice to the Governor right now and exercise his powers consistent with the evidence. The Governor has returned to the Country this week and I have no doubt is in a position to receive the advice. I have to wonder if the Attorney General has actually read the materials. We do not need to wait. We should not wait. He is the only person currently keeping Kathleen in prison contrary to the evidence, the advice of top criminal law experts and the pleas of many. It is a grave denial of justice, which is alarming for the top legal administrator in the state.  

“Ms Folbigg has suffered enough. We have heard reports of her being subject to violence while inside NSW prisons over the last two decades, we have seen her vilified in the media across the country and now we know she was wrongly convicted. Ms Folbigg has suffered enough. 

“It takes legal expertise and courage to do the right thing when you have such legal power vested in you. We’re calling on the Attorney General to do the right thing, release Kathleen Folbigg as a matter of urgency.” Ms Higginson said.  

For media comment contact: Sue Higginson on 0428 227 363