Kathleen Folbigg to be freed from jail 20 years after conviction for baby deaths

A woman once described as Australia’s worst female serial killer will be pardoned after a bombshell inquiry found there was serious doubt she killed her children.

The woman once dubbed Australia’s worst female serial killer will walk free from jail 20 years after she was found guilty of killing her four children following a bombshell review in the case.

Kathleen Folbigg, 55, was found guilty of three counts of murder and one of manslaughter in 2003 after her babies Patrick, Sarah, Laura and Caleb died suddenly between 1989 and 1999.

The mother of four was sentenced to 30 years in jail and was not eligible for parole until 2028.

She’s always maintained her innocence.

An inquiry into Ms Folbigg’s convictions, headed by Former NSW chief justice Tom Bathurst KC, heard that scientific evidence cast doubt over her guilt.

On Monday, NSW Attorney-General Michael Daley said he had received an advanced copy of Mr Bathurst’s findings, and had met with the Governor-general to recommend Ms Folbigg be pardoned as a result.

Mr Daley said Mr Bathurst had reached “a firm view that there was reasonable doubt as to the guilt of Ms Folbigg for each of the offences for which she was originally tried.”

“The evidence put forward to Mr Bathurst was voluminous,” Mr Daley confirmed.

“This morning at 9:30am I met with the Governor. I recommended that the governor should exercise the Royal prerogative of mercy and grant Ms Folbigg an unconditional pardon,” he said.

“The Governor agreed. She has now been pardoned.”

Under the pardon, her convictions are not quashed, but she will not have to serve the rest of her sentence.

“The convictions are not quashed. The only body that can do that is the Court of Criminal Appeal,” he said.

Kathleen Folbigg will be freed from jail 20 years after she was convicted of killing her four babies.

Ms Folbigg with her baby daughter Sarah.

The inquiry heard evidence from experts in February about new scientific developments that could potentially prove some of her babies died of natural causes linked to a genetic mutation.

The Folbigg children died between the ages of 19 days and 18 months during the 10-year time frame.

A 2021 scientific report suggested at least two of the babies, Laura and Sarah, died from a rare genetic variant known as CALM2 G114R - believed to be linked to long QT syndrome, a heart-signalling disorder that can cause fast, chaotic heartbeats or arrhythmias.

This genetic mutation was not discovered by medical scientists until years after the deaths and would not have been investigated at the time, the inquiry was told.

Patrick Folbigg died at eight months old.

Caleb Folbigg was only 19 days old when he died.

Medical experts were questioned over possible links the deaths were caused by natural causes after a re-examination of the autopsy records found the girls might have carried a fatal genetic mutation.

The inquiry was also told the girls’ deaths might be linked to catecholaminergic polymorphic ventricular tachycardia (CPVT), a condition characterised by an abnormal heart rhythm or arrhythmia.

In a memorandum outlining his findings, Mr Bathurst said he had reached “a firm view that there was reasonable doubt as to the guilt of Ms Folbigg for each of the offences for which she was originally tried.”

He found there was “reasonable possibility that three of the children died of natural causes”, and a reasonable possibility Sarah and Laura’s deaths were the result of a genetic mutation known as CALM2-G114R.

In the case of Ms Folbigg’s fourth child, Mr Bathurst found “the coincidence and tendency evidence which was central to the (2003) Crown case falls away”.

Mr Bathurst said he was “unable to accept … the proposition that Ms Folbigg was anything but a caring mother for her children”.

During the recent inquest, experts also spoke about how Ms Folbigg’s diaries written before her arrest in the late ’90s were misinterpreted by prosecutors who used her own words against her during the 2003 trial.

Mr Bathurst’s findings said evidence suggested they were the words of “a grieving and possibly depressed mother, blaming herself for the death of each child, distinct from admissions that she murdered or otherwise harmed them”.

Sarah Folbigg was 10 months when she died.

Laura Folbigg died aged 18 months.

But the biggest bombshell that came out of the inquiry was NSW Police revealing on the last day of hearings in February that up to 530 hours of previously undisclosed recordings from bugs planted in Ms Folbigg’s Singleton home had been discovered in 2023.

Barrister Sarah Love, appearing for NSW Police, tendered the box of cassette tapes after they were found more than 20 years later.

It is unclear whether the cassettes contain relevant information to the inquiry, but Justice Bathurst condemned the police for only producing the tapes as the inquiry was coming to a close.

The tapes were given to Ms Folbigg’s barrister Gregory Woods to review.

“It really is very unsatisfactory what has occurred,” Mr Bathurst said on the closing day of the hearings.

“It puts Dr Woods in a very, very difficult position.

“The material should have been disclosed. I’m not making any final accusations about anyone, but it is a concern that the trial was conducted and this inquiry has proceeded without that material being fully exposed.”

While there was never any clear evidence to how the children died, the original trial found the babies were likely smothered by their mother.

But in light of the new scientific genetic evidence and the re-examination of the diaries, Ms Folbigg’s guilty verdict has been put into question and she will be released from jail pending inquiry.

Mr Bathurst had told the inquiry in February he didn’t want to leave Ms Folbigg in jail while making his decision in light of the new evidence.

Greens MP Sue Higginson confirmed Ms Folbigg had been released from a Grafton correctional centre. She also commended Mr Daley on issuing Folbigg’s release.

“This is our second Lindy Chamberlain case in Australia,” she said.

“She’s walking, she’s outside, she’s in the sunshine.”

One of Ms Folbigg’s long term supporters, Peter Yates said it was a “tremendous day”.

He said Ms Folbigg was on her way home and would be staying with her friend Tracy Chapman, who told media she had prepared a room for her Northern Rivers home.

More to come