Kathleen Folbigg and ex-husband struggling to find funding for inquiry

Kathleen Folbigg, convicted of killing her four children, is struggling to access government funding to participate in an inquiry ordered by the NSW Attorney-General, as is her ex-husband.

Kathleen Folbigg in 2019, appears via video link during a convictions inquiry at the NSW Coroners Court. Picture: Joel Carrett/AAP

The lawyer representing Kathleen Folbigg, convicted 19 years ago of killing her four children, says she has not been able to obtain legal aid to participate in an inquiry into the case ordered by the NSW Attorney-General.

Ms Folbigg, 55, was convicted in 2003 after being found guilty of three counts of murder and one of manslaughter. She is serving a minimum 25-year sentence.

Her ex-husband’s lawyer has issued a similar grievance in regard to accessing legal funding.

Last month NSW Attorney-General Mark Speakman announced the second inquiry in four years into the convictions, on the back of a petition that details new developments in genetics that found mutations in two of the children that raise questions about Folbigg’s guilt.

The genetic mutation, known as CALM2, could indicate natural causes of death.

During Friday’s directions hearing, legal representatives for Kathleen and Craig Folbigg told former NSW Supreme Court chief justice Tom Bathurst, who is overseeing the inquiry, that they faced difficulty obtaining funding from Legal Aid.

“We haven’t been told about funding,” said Robert Cavanagh, representing Kathleen Folbigg.

“Twenty-third of May, the first attempt was made, no response was given. A series of attempts were made after that … we’re told there may be no funding available for some weeks, if they approve at all. That’s a difficulty, I’m not sure why that is.”

Danny Eid, representing Mr Folbigg, expressed similar difficulty. “At this time, we’ve not been able to secure any counsel,” Mr Eid said. “Funding is not confirmed. I wrote to the Department of Justice on the 16th of June when I was first notified of this inquiry. It’s been ref­er­red to the Legal Aid commission.”

Mr Bathurst said it was “plainly desirable” that Kathleen Folbigg had access to government support for legal representation.

“It’s in everybody’s interest that … the inquiry is dealt with as expeditiously as possible and Ms Folbigg has a real interest in having that done, as does the community in general,” he said.

“It’s plainly desirable that Ms Folbigg has appropriate legal representation and assistance in this inquiry.”

Mr Speakman, when announcing the inquiry, said the new genetic finding “justifies some form of intervention”. This comes three years after a 2019 inquiry upheld her conviction.

Kathleen Folbigg has long maintained her innocence and has attempted on several occasions to overturn her conviction.