Kathleen Folbigg’s new bid to overturn convictions for killing her four children
Baby killer Kathleen Folbigg has won the right to launch yet another legal bid to overturn her 2003 conviction for killing her four children.
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Baby killer Kathleen Folbigg has won the right to launch yet another legal bid to overturn her 2003 conviction for killing her four children.
A NSW Supreme Court judge on Thursday granted Folbigg a review in the Criminal Court of Appeal after an extensive inquiry that in May “reinforced her guilt”.
Folbigg has maintained her innocence after being sentenced to a minimum of 25 years behind bars for the deaths of Patrick, Sarah and Laura, and the manslaughter of Caleb, all aged between 19 days and 18 months.
She has tried, and failed, twice to overturn her conviction in the appeal courts.
Applications to appeal these decisions have also been dismissed.
The high-profile case was re-examined by former District Court chief judge Reginald Blanch this year, costing the state $2.4 million, after a petition to the state governor.
In a 555-page report Mr Blanch said the evidence “reinforced” Folbigg’s guilt and he had no reasonable doubt about the conviction.
But Folbigg has claimed she was denied procedural fairness and accused Mr Blanch of apprehended bias.
On Thursday Supreme Court Justice John Basten said Crimes (Appeal and Review) Act provided a safety net and the matter should be transferred to the Court of Appeal to be heard over four days in February.
“It is not a trial at first instance; it is the review of what has already been a lengthy Inquiry, resulting in a report which has similar effects to a judgment at first instance,” Justice Basten said.
“The witnesses have been heard and their evidence has been assessed; inferences have been drawn and detailed reasons provided.
“The limited nature of proceedings by way of judicial review bears many of the characteristics of an appeal on a question of law.”
Folbigg will be made eligible for parole in 2028.
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