The first inquiry by retired District Court Chief Justice Reginald Blanch concluded in 2019 that there was no cheap doubt that Folbigg, now aged 55, murdered her youngsters Sarah, Laura and Patrick and was responsible of the manslaughter of her firstborn, Caleb.
The begin of the brand new inquiry in Sydney is specializing in a uncommon CALM2 genetic variant current in each daughters. Research into the variant revealed final 12 months, after Blanch’s report, discovered that it’d trigger coronary heart arrhythmias and sudden loss of life in younger youngsters, lawyer helping the inquiry Sophie Callan stated on the outset of the listening to.
“The central question at all times has been whether Ms. Folbigg caused the death of one or more of her four children or whether they died of natural causes,” Callan stated.
While 22 medical specialists had testified at her trial in 2003, quite a few specialists throughout a variety of medical and scientific fields have since supplied experiences that assist Folbigg’s case.
“This caucus of medical and scientific evidence is weighty and dominates consideration of Ms. Folbigg’s convictions,” Callan stated.
“However, it is not the only source of evidence relevant to the question of her guilty. Another significant category of evidence were diaries and journals she maintained when the children were alive,” Callan added.
A second section of the inquiry that begins in February will deal with the dairies which prosecutors in her trial introduced as “intimate, personal and exact analysis of what her thinking” when she wrote them, Callan stated.
Prosecutors “characterized certain entries in her diaries, particularly in combination, as admissions of guilt, suggesting the diaries were the strongest evidence that you could possibly have for Ms. Folbigg having murdered her four children,” Callan stated.
Caleb was born in 1989 and died 19 days later in what a jury decided to be the lesser crime of manslaughter. Her second youngster, Patrick, was 8 months previous when he died in 1991. Two years later, Sarah died at 10 months. In 1999, Folbigg’s fourth youngster, Laura, died at 19 months.
Prosecutors instructed her jury the variety of similarities among the many deaths made coincidence an unbelievable clarification.
Similarities included that every one died unexpectedly underneath the age of two. Folbigg was the one one at dwelling or awake when the youngsters died they usually have been at all times nonetheless heat to the touch. She lived on the time together with her former husband Craig Folbigg.
On three events, she stated she found the deaths throughout journeys to the lavatory and as soon as whereas checking on a toddler’s wellbeing.
Except in Laura’s case, Folbigg by no means helped them, Callan stated.
Prosecutors supplied the jury three choices: the youngsters died of recognized pure causes, unidentified pure causes or deliberate suffocation by their mom.
Some medical specialists who testified at her trial cited Meadow’s Law, an strategy to Sudden Infant Death Syndrome, or SIDS, named after British pediatrician Samuel Roy Meadow.
As Callan described the idea, the primary surprising loss of life of an toddler in a household could also be attributed to SIDS, a second must be labeled undetermined and a 3rd must be thought of murder till confirmed in any other case.
Callan stated that reasoning had been extensively discredited and urged Bathurst to reject any professional proof that depends upon that reasoning.
“It could be described as unscientific and, in a legal context, wholy inconsistent with the prosecution baring the burden of proof and the accused person’s entitlement to the presumption of innocence,” Callan stated.
Folbigg is serving a 30-year jail sentence which can expire in 2033. She will grow to be eligible for parole in 2028.
New South Wales Attorney General Mark Speakman ordered the brand new inquiry in May when he rejected Folbigg’s petition for a pardon.
That petition was “based on significant positive evidence of natural causes of death” and signed by 90 scientists, medical practitioners and associated professionals.
If Bathurst finds cheap doubt of Folbigg’s guilt, he can report back to the Court of Criminal Appeals which might take into account squashing her convictions.