Mom jailed for 20 years over the deaths of her 4 children freed as new theory emerges

A mom who served 20 years in prison after being wrongfully convicted of murdering her four children has been exonerated.

The New South Wales Court of Criminal Appeal formally overturned the convictions of Kathleen Folbigg, an Australian mother sentenced in 2003 for the murder of her first three children and the manslaughter of her fourth.

This decision follows her release in June, recommended by retired judge Tom Bathurst, who identified "reasonable doubt" in her guilt upon re-examining all trial evidence.

Expressing gratitude to supporters outside the court, Folbigg emotionally acknowledged the toll the lengthy legal process took.

She said: "The time this has taken in seeing today’s result has cost many people a lot. I hoped and prayed that one day I would be able to stand here with my name cleared."

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Her lawyer, Rhanee Rego, revealed plans to seek "substantial" compensation and urged for legal reform. She said: “I’m not prepared to put a figure on it, but it will be bigger than any substantial payment that has been made before.”

The legal team aims to establish independent bodies for case reviews across Australian states, preventing future miscarriages of justice.

Chief Justice Andrew Bell, along with the appeals court judges, agreed with Bathurst's findings, emphasizing a "substantial and extensive body of new scientific evidence" that outweighed trial evidence. They also discredited her diaries as reliable admissions of guilt, underscoring the need for a comprehensive re-evaluation.

Folbigg’s first born Caleb died in 1989, followed by Patrick in 1991, Sarah in 1993 and then Laura in 1999. The first three deaths were initially attributed to Sudden Infant Death Syndrome (SIDS), but police began investigating after a forensic pathologist marked Laura's cause of her death as “undetermined.”

No physical proof of murder was submitted during the 2003 trial, but the jury became convinced that it must have been murder because the likelihood of all four children dying of natural causes was so low.

Folbigg's release has broader implications, as it underscores the significance of genetic evidence in criminal cases and reignites calls for a systematic post-conviction review process in Australia. In a video released on June 6, Folbigg said: “Today is a victory for science and especially truth.”

The delay in acknowledging the genetic evidence in her case has sparked discussions about the need for a more informed and efficient legal system. Rego said: “An innocent woman suffering can and should be recognized and become a major impetus to improve our legal system.”

Folbigg is going to live with her close friend Tracy Chapman so she is "able to live a life that she’s missed for the last 20 years." She said: "I’m a wildlife rescuer, so we’ve got a menagerie of wildlife floating around in various stages of release. She’ll help me with all of that because she loves animals.”

NSW Attorney General Michael Daley said that he is “open” to discussions on potential changes to the system that would prevent this from happening to other women in the future.

A rare genetic variation was a 'reasonably possible cause' of Sarah and Laura's deaths, according to cardiology and genetics experts.

Myocarditis, an inflammation of the heart, was another possible cause of Laura's death. Patrick may have died from a neurogenetic disorder, which could have also hospitalised him before his death, experts told the inquiry.

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