JUST last week Greens MP Sue Higginson called on NSW Attorney-General Michael Daley to issue advice to the governor to either pardon Kathleen Folbigg or grant her conditional release on parole.
That request was refused. Instead, Ms Higginson's motion was amended to say the government would act only when the inquiry handed down its report.
Today, Ms Folbigg was released from prison, following a memo from Thomas Bathurst AC KC, who has been leading the inquiry into the convictions of Ms Folbigg, outlining his findings.
The memo tipped the boat, prompting Mr Daley to recommend her pardon to the NSW Governor, Margaret Beazley, who accepted it.
The decision follows mounting community and media pressure and a motion that passed the NSW Upper House last week introduced by Greens MP, solicitor and spokesperson for Justice Sue Higginson.
"This is a huge moment for justice in this state," Ms Higginson said.
"She's walking, she's outside, she's in the sunshine... justice has been done," she said.
"This is our Lindy Chamberlain case," Ms Higginson said indicating that Folbigg will be pursuing compensation for the "twenty years of her life that has been lost".
"Not one single day passed where Kathleen Folbigg didn't maintain her innocence," Ms Higginson said.
"There was never any actual forensic or pathological evidence to say that the children were smothered, or that she committed those crimes that she was convicted of."
Folbigg is expected to live with lifelong friend and fierce advocate Tracy Chapman at her property on the NSW north coast.
"Tracy has a bed made for her and that's where she'll be sleeping tonight," Ms Higginson said.
"Kathleen Folbigg's friends, supporters and legal team have stood by her and fought for justice for years and years and finally we are seeing justice be delivered.
"It is with the deepest gratitude that I thank the Attorney General for showing the necessary courage to make this decision.
"The Attorney General has listened to the community, the Parliament and most importantly the evidence and made a decision that I think we can all agree is the right one.
"Ms Folbigg should not have been in prison for even a day longer after the inquiry showed there was reasonable doubt about her guilt, but now we are finally seeing the necessary steps being taken to ensure she is released from prison and that is a decision that we welcome.
"This moment demonstrates the power that ongoing campaigning for justice can have.
"Last week the Attorney General appeared steadfast in his position to delay the release of Ms Folbigg until after the report from the inquiry had been handed down, but we brought the fight for justice to his doorstep and he has responded to the pressure in the only acceptable way and made the decision to release Ms Folbigg."
Ms Higginson said the sooner the final report was delivered, the sooner that an application for Ms Folbigg's conviction to be quashed could come before the Court of Criminal appeal, which was the next step of justice for Kathleen Folbigg.
An inquiry into Folbigg's convictions in April heard credible evidence her four children may have died of natural causes.
Rare genetic variants identified in Folbigg and her daughters triggered the second inquiry into her conviction not long after a 2019 examination.
Ms Higginson indicated Ms Folbigg would be seeking compensation or an "ex gratia payment of some sort".
"Whatever that sum looks like may be the biggest sum that we can imagine," she said.
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