A woman once condemned as Australia’s most notorious serial child murderer had her name cleared today by the New South Wales Supreme Court. Kathleen Folbigg was acquitted after spending over 20 years jailed for the deaths of her four infant children.
Folbigg was originally convicted in 2003 on three counts of murder and one of manslaughter relating to her children’s deaths between 1989 and 1999. But last year’s inquiry raised doubts over evidence linking Folbigg to the tragedies.
On Thursday, the Court formally pardoned her convictions – a decision she received with gratitude and vindication. “The system preferred to blame me rather than accept that sometimes, children can and do die suddenly,” she told reporters.
The ruling follows a 2019 probe that uncovered possible genetic factors in two children’s deaths. Caleb and Patrick carried mutations that may have caused cardiac arrest. Sarah and Laura shared another variant with their mother that can trigger fatal conditions in children.
Former NSW Chief Justice Tom Bathurst concluded it “unreasonable” to determine Folbigg guilty beyond doubt based on such medical advancements. He also highlighted her diary entries used against Folbigg as “open to different interpretations.”
Folbigg’s lawyer Rhanee Rego has confirmed they will seek substantial compensation from the state for her wrongful 20-year incarceration. The sum would exceed previous payouts for miscarriages of justice.
The high-profile Folbigg case has spotlighted flaws in the justice system when it comes to charging grieving parents amidst unexplained childhood deaths. With conclusive proof still lacking as to the exact causes, the appeals court emphasized maintaining the “presumption of innocence.”
The outcome represents a major rebuke to prosecutors adamant over the years of Folbigg’s guilt. But for Folbigg herself, still mourning her four departed children, the priority now will be trying to piece her life back together after two decades behind bars.
