Baby killer Kathleen Folbigg warned against re-running inquiry that reinforced her guilt

Australia’s worst female serial killer is fighting to overturn an inquiry finding that “reinforced” her guilt over the deaths of her four babies.

Kathleen Folbigg is again trying to prove her innocence, 17 years after she was convicted of murdering her four infant children.

Kathleen Folbigg, convicted 17 years ago of killing her four infant children, has been warned by a judge she can’t rerun the inquiry that reiterated her guilt last year.

Folbigg was convicted in 2003 of murdering her babies Patrick, Sarah and Laura and of the manslaughter of her 19-day-old son Caleb in four separate incidents over a decade, starting in 1989.

In 2019 Justice Reginald Blanch heard an inquiry into Folbigg’s convictions, considering whether new medical developments pointed to her exoneration. But he found the inquiry reinforced her guilt.

Now, Folbigg has launched legal action against Justice Blanch and NSW Attorney-General Mark Speakman in a yet another bid to prove her innocence.

Sarah died at aged 10 months in 1993 after being smothered by her mother Kathleen Folbigg, who is still fighting her convictions.

The death of 19-day-old Caleb would be an issue in the review of the inquiry, Folbigg’s lawyer said.

The Supreme Court of NSW was told on Friday morning that 30 volumes comprising 8000 pages, including the entire trial transcript, had been submitted to the court for the review.

Justice Desmond Fagan described the amount of material as “extremely burdensome”.

It could not all be relevant to a review of the inquiry, which can only be argued on select points and is not a general assessment of whether Justice Blanch got it right or wrong, he said.

“At the moment it purports to be a sprawling inquiry that, on the face of it, seems to be misdirected to try to have this court review the merits of judgments that the judicial officer made,” Justice Fagan said.

Folbigg’s barrister Jeremy Morris SC pushed back, saying he was “concerned” the judge appeared to be of the view they were trying to rerun the inquiry.

They intend to argue that in assessing Caleb’s death Justice Blanch committed errors, including failing to take into account the shift of medical understanding since the trial.

The evidence of at least seven witnesses, including experts, ambulance officers and the father of the children Craig Folbigg, was relevant to that, Mr Morris said.

Justice Fagan acknowledged the two parties agreeing on what documents should be in the book was “rather forlorn” and ordered the Attorney-General’s lawyer to create a slimmed-down version of the material.

The matter is next in court on August 28.