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David Hamer, Professor of Evidence Law, University of Sydney

Kathleen Folbigg pardon shows Australia needs a dedicated body to investigate wrongful convictions

The New South Wales Attorney-General Michael Daley today announced Kathleen Folbigg has been pardoned after having served 20 years for the murder of three of her infant children and the manslaughter of a fourth child. She has already been released, and won’t serve the rest of her 30-year sentence.

Daley had seen the preliminary findings of a second judicial inquiry led by former NSW Chief Justice Thomas Bathurst, which found there was reasonable doubt as to Folbigg’s guilt for each of the offences.

At trial, the prosecution had relied on the statistical improbability of so many of her children dying accidentally. However, at the second inquiry, this reasoning was called into question by fresh scientific evidence pointing to possible medical causes of the deaths.

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