Convictions Quashed: Mother Wrongfully Imprisoned for 20 Years in Children's Death Case

After being wrongly convicted of killing her four children, an Australian mother, Kathleen Folbigg, spent twenty years in prison. On Thursday, her convictions were officially overturned, and her lawyers are now advocating for legal reform and significant compensation. In June, she was pardoned and released based on the re-examination of evidence by retired judge Tom Bathurst, who found "reasonable doubt" regarding her guilt at the 2003 trial.

Upon a formal ruling by the New South Wales Court of Criminal Appeals, a panel of judges agreed on Thursday that she should be acquitted of all charges, marking the conclusion of one of the country's most prominent miscarriages of justice. Emotionally, Folbigg thanked the supporters outside the court who had worked tirelessly to convince the NSW government and legal system that new scientific evidence warranted a closer scrutiny of her convictions.

Kathleen Folbigg released a video statement thanking supporters for working to free her from prison after 20 years.

Obtained by CNN

Mothers accused of harming their babies are turning to the same science that freed Kathleen Folbigg

Folbigg was convicted in 2003 on three counts of murder and one of manslaughter after the deaths of her four babies over a decade from 1989.

No concrete evidence was provided to prove her guilt in their deaths, yet the jury was persuaded that the likelihood of all four individuals dying from natural causes was so improbable that it had to be murder. Additionally, specific entries in her diary were construed as confessions of guilt.

In 2019, a review of her convictions concluded that there was "no reasonable doubt" of her involvement in the crimes. However, a subsequent investigation commenced in 2022 following the revelation of a previously unidentified mutant gene in her two daughters that may have been fatal.

Wrongful convictions

The genetic evidence presented offered a scientific justification for the deaths of the children, leading to "reasonable doubt" regarding her convictions and ultimately persuading a judge to advocate for her pardon.

Folbigg's initial baby, Caleb, passed away in 1989, followed by Patrick in 1991, Sarah in 1993, and finally Laura in 1999. The first three deaths were initially labeled as Sudden Infant Death Syndrome (SIDS), a term used when babies under 1 pass away for unknown reasons.

At 18 months old, Laura was the longest surviving of Folbigg's children. Following the forensic pathologist's determination of her cause of death as "undetermined," police launched an investigation. Despite acquittals in similar cases in the United Kingdom, Folbigg was convicted and labeled "Australia's worst serial killer" by the media. She remained in prison for decades, despite the reliance on "Meadows law," a discredited principle promoted by British pediatrician Roy Meadow, which asserts that one sudden infant death in a family is a tragedy, two is suspicious, and three is murder.

Chief Justice Andrew Bell announced on Thursday that the appeals court judges upheld Bathurst's findings, stating that a significant amount of new scientific evidence took precedence over the evidence presented at her trial. They also concluded that, when considered alongside new expert psychological and psychiatric evidence, Folbigg's diaries were not reliable admissions of guilt.

Following the court decision, Rhanee Rego, Folbigg's lawyer, stated that her legal team will now pursue substantial compensation.

Additionally, they are advocating for the establishment of an independent review body in all Australian states, such as a Criminal Cases Review Commission, to prevent future miscarriages of justice.

"Recognizing the suffering of an innocent woman should be a driving force to improve our legal system," stated Rego. Anna-Maria Rabia, Chief Executive of the Australian Academy of Science, echoed the sentiment and called for an independent review commission in all of the country's jurisdictions.