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ABC News
ABC News
National
court reporter Jamelle Wells

Kathleen Folbigg inquiry examines new scientific evidence and 'likely genetic mutation'

The judicial inquiry into convicted baby killer Kathleen Folbigg will be adjourned for three months to allow experts time to review new evidence presented on the second day.

Two genetic experts have told an inquiry they believe a rare genetic mutation was the "likely" cause of death of Folbigg's daughters.

The two experts travelled to Sydney from Denmark to present fresh evidence at the public inquiry into Folbigg's convictions.

Following their testimony, the inquiry was adjourned until February to allow other experts to review the new evidence.

Folbigg was convicted in 2003 for the murders of three of her children and the manslaughter of a fourth over a 10-year period between 1989 and 1999 in the NSW Hunter Valley.

Mette Nyegaard and Michael Toft Overgaard are co-authors of research published in March 2021, that found a rare inherited genetic mutation, CALM2-G114R, may cause cardiac arrhythmias and sudden death in children.

They have given evidence on the second day of a judicial inquiry that was called after a petition of 150 experts from around the world endorsed their research as proof of Folbigg's innocence. 

Their research paper found the genetic mutation which was found in Folbigg's daughters Laura and Sarah, could be a "reasonable explanation" for a cause of their deaths. 

The mutation was not found in her other two children, Caleb and Patrick. 

Folbigg is serving a 25-year sentence after being convicted in a case based on circumstantial evidence that included her diaries in 2003. 

Folbigg has always maintained her children died of natural causes, and after losing several court appeals, the gene research has given her renewed hope she may be able to clear her name.

The inquiry heard Associate Professor Nyegaard and Professor Overgaard came forward with a bundle of fresh evidence, that updates their research on Saturday.

One of the three counsels assisting the inquiry, Julia Roy, said the new evidence had now been tendered. 

Going into great detail about how the heart works, the Danish experts said their research has found that the rare genetic mutation interferes with sodium and calcium levels, that are important for heart function. 

Both said they were surprised to discover how the heart could be affected by a calcium binding protein called calmodulin, which they described as an early building block of life.

"The scientific community regarded up until 2012 that variations in calmodulin were incompatible with life," Professor Overgaard said. 

When asked by the counsel assisting if they thought the rare gene mutation caused the deaths of Laura and Sarah Folbigg, Professor Overgaard replied "we think that it is likely this mutation caused the deaths". 

In their research paper Infanticide v inherited cardiac arrhythmias published in Europace magazine, the researchers concluded.

"The genomic revolution heralds a new era for the assessment of recurring familial sudden deaths of infants and children, an era that reasserts the presumption of innocence for tragically unlucky families."

Late this afternoon retired chief justice Tom Bathurst adjourned the inquiry until February 2023 after the Counsel Assisting said more new evidence had been presented. 

It is not clear what the evidence is. 

Mr Bathurst said the parties involved in the inquiry needed time to process it. 

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