‘Bring her home’: Calls to release Kathleen Folbigg after doubt cast over guilt

An inquiry into child killer Kathleen Folbigg’s guilt has heard there was now “reasonable doubt” she killed her four children.

Kathleen Folbigg’s supporters have called for her to be released from prison immediately, and reverse what they referred to as a 20-year “injustice”, after an inquiry heard there was now a reasonable doubt she killed her four children.

Folbigg’s friends and loved ones were on Wednesday given fresh hope that she could soon be freed.

An inquiry into her convictions heard that counsel assisting the probe and the Director of Public Prosecutions both accepted there was reasonable doubt as to her guilt.

Since being jailed in 2003 for the murder of her children Patrick, Sarah and Laura, as well as the manslaughter of her first child Caleb, she has consistently maintained her innocence.

Throughout the appeals process and a first inquiry in 2019, she has said that she did not kill her four children, who all died between 1989 and 1999.

Folbigg, serving a 30-year prison sentence, is hopeful that the inquiry could lead to her convictions being quashed by the Court of Appeal.

A second inquiry was last year called following lobbying from the scientific community after the discovery of fresh genetic evidence.

The inquiry, which is being overseen by retired Supreme Court Justice Tom Bathurst KC, was set up to consider the possibility the Folbigg children died of natural causes.

A string of medical experts have given evidence about a genetic mutation - known as CALM2 G114R - and say it could have resulted in the deaths of Laura and Sarah.

Kathleen Folbigg. Picture: AAP Image/Joel Carrett.

Longtime friend and supporter Tracy Chapman, right, arrives at the Kathleen Folbigg inquiry. Picture: NCA NewsWire / Dylan Coker

Tracy Chapman wore an earring with “Kath” on as she called for Folbigg to be released immediately. Picture: NCA NewsWire/Dylan Coker.

“The ultimate submission of counsel assisting is that on the whole body of evidence before this inquiry, there is a reasonable doubt as to Ms Folbigg’s guilt,” Counsel assisting the inquiry Sophie Callan SC said during her closing submissions on Wednesday.

“In our submission, the weight of the expert evidence in the disciplines of cardiology and genetics, is that the CALM2 G114R genetic variant is a reasonably possible cause of the sudden death of Sarah Folbigg and Laura Folbigg.”

She also said that Patrick’s sudden death may have been caused by epilepsy.

Ms Callan also said that the Director of Public Prosecutions, in written submissions, had said that it was open to Mr Bathurst to conclude there was reasonable doubt about Folbigg’s guilt.

“The director accepts the analysis … that on the evidence now available, it is open to the inquiry to conclude there is reasonable doubt as to Ms Folbigg’s guilt,” Ms Callan said.

New expert medical evidence published in March 2021 cast doubt on Folbigg’s guilt after it showed that Sarah and Laura Folbigg carried the CALM2 genetic mutation, which can cause irregular heartbeats and lead to sudden death.

DNA sequencing found that Folbigg and her daughters shared the variants, however Caleb and Patrick did not.

Patrick Folbigg. Picture: Chris Pavlich.

Caleb Folbigg.

Outside the inquiry on Wednesday afternoon, Ms Folbigg’s long-time supporter and friend Tracy Chapman called for her to be released immediately.

“I want her home now … I’m ready to go and get her and bring her home,” Ms Chapman said.

“If there’s empathy and humanity in this space, the judge after hearing what he’s heard, I would love him to give her parole now.

“But ultimately I’d love a pardon. We’ll take what we can get at this point. Bring her home.”

She said it was “emotional” hearing Ms Callan’s submissions reinforce what she had believed for over two decades.

She said it as an “injustice that’s kept an innocent, grieving mother in prison for 20 years and she’s been through hell for 23 years.”

Folbigg’s counsel Dr Robert Cavanagh on Wednesday told the inquiry that she there was a reasonable doubt about her conviction.

And despite being labelled a “baby killer”, she rejected being anything other than a loving mother, Mr Cavanagh told the inquiry.

The inquiry heard on Wednesday that Folbigg’s former husband Craig had submitted through his counsel that there was a “fundamental implausibility” that four young children from one family died due to natural causes.

Laura Folbigg.

Sarah Folbigg. Picture: Supplied.

The inquiry has also looked at diary entries made by Folbigg.

Ms Callan said expressions of guilt and self-blame expressed in them were cast in a “very different light” given her mental and emotional state - including grief and a major depressive episode - at the time.

Ms Callan said that the diaries contained “no unequivocal evidence” or admissions that she was responsible for her children’s death.

The inquiry will conclude with the remaining closings submissions on Thursday before Mr Bathurst will deliver his findings at a later date.

If Mr Bathurst finds there is reasonable doubt as to Folbigg’s guilt, he can refer her case to the Court of Appeal where her convictions could be quashed.

He can also send his report to NSW Governor Margaret Beazley, who can issue Folbigg with a pardon.

Originally published as ‘Bring her home’: Calls to release Kathleen Folbigg after doubt cast over guilt