Acquittal After Decades
Kathleen Folbigg, who spent more than twenty years imprisoned over the deaths of her four children before being pardoned and released, has now been acquitted.
The NSW Court of Criminal Appeal overturned her convictions, granting her an unconditional pardon amidst applause that filled the courtroom.
This landmark decision comes after an inquiry raised reasonable doubt about her guilt following significant scientific discoveries.
Legal Rulings and Inquiry Findings
The NSW Court of Criminal Appeal acted upon the final report released in November by inquiry commissioner Tom Bathurst KC, which identified an ‘identifiable cause’ for three of the children’s deaths. The report highlighted that Folbigg’s relationship with her children didn’t support the case that she murdered them.
NSW Chief Justice Andrew Bell remarked that while the trial verdicts were reasonably open based on the available evidence, there was now reasonable doubt regarding Folbigg’s guilt, justifying the quashing of her convictions.
Controversial Diary Entries and Court’s Verdict
The appeal judges aligned with the inquiry commissioner’s findings, stating that the controversial diary entries, previously utilized during her trial to incriminate her, lacked reliable admissions of guilt.
Folbigg consistently maintained that these entries reflected her feelings of motherly failure rather than admissions of criminal acts. Her convictions in 2003 led to a 25-year sentence for the suffocation murders of three children and the manslaughter of a fourth.
Emotional Response and Calls for Change
After the court decision, Kathleen Folbigg expressed relief but highlighted the emotional toll she endured for almost a quarter of a century, facing disbelief and hostility.
She emphasized the cherry-picking of her diary texts, taken out of context, and used against her during the trial. Folbigg also acknowledged the scientific advancements that contributed to her exoneration, emphasizing the need for humility and improvement within the legal system to reveal truth and ensure justice.
Grieving and Seeking Truth
Expressing love and loss for her children, Folbigg highlighted the tragic suddenness of their deaths. Scientific experts identified potential alternative causes for the children’s deaths, underscoring that these findings undermine the reasoning used to convict her.
Amidst her gratitude for freedom, Folbigg spoke of the importance of seeking truth and correct legal outcomes, while also acknowledging the plights of others wrongfully imprisoned.