Get all your news in one place.
100’s of premium titles.
One app.
Start reading
ABC News
ABC News
National
court reporter Jamelle Wells

Retired Chief Justice tells Kathleen Folbigg inquiry he will make up his own mind on fresh scientific evidence

The first inquiry into Kathleen Folbigg's convictions was held in 2018. (AAP: Joel Carrett )

A retired NSW Chief Justice who will preside over a fresh inquiry into convicted baby killer Kathleen Folbigg says he will make up his own mind about new evidence that will be heard.

The NSW Attorney General ordered a second public inquiry into Kathleen Folbigg's convictions for the murders of three of her children and the manslaughter of a fourth child, after claims new scientific evidence could clear her.

Now aged 55,  she was convicted in 2003 and has six years left to serve of her minimum 25-year sentence.

Retired Chief Justice Tom Bathurst QC told a directions hearing today he will put aside the findings of a 2018 inquiry because new scientific and genetic evidence has been flagged.

"Having particular regard to the genetic variant evidence … on completion I will report to the governor," he said.

"It is incumbent on me to make up my own mind."

The 2018 inquiry by retired District Court Judge, Reginald Blanch, found medical evidence presented then, only reinforced Folbigg's guilt.

Kathleen Folbigg's daughter Laura was 19 months old when she died. (Supplied)

Counsel assisting the new inquiry, Sophie Callan SC, said there were 19 new pieces of evidence and a group of scientists from the Australian Academy of Science were considering assisting the inquiry.

"It's an unusual inquiry promoted by new developments in genetic science," she said.

"We submit your honour must put the findings of the Blanch Inquiry aside, it is necessary for your honour to come to your own view."

If the Academy does assist, it will be the first time a body of scientists has intervened in a wrongful convictions inquiry in Australia.

Kathleen Folbigg was convicted in 2003 of murdering her four children over a 10-year period. (Supplied)

A group of 90 scientists last year petitioned for Folbigg's early release, arguing there was no medical evidence she smothered the children.

They discovered two of her daughters inherited a previously unknown genetic variant from their mother, which could lead to sudden death.

Her husband Craig, who gave her diary to police before she was convicted in 2003, the DPP, Police Commissioner and NSW Health will be represented at the new inquiry which is set for November.

Folbigg's children died between 1989 and 1999.

She is convicted of murdering Patrick, at eight months, Sarah at 10 months, and Laura at 19 months. She is convicted of the manslaughter of Caleb at 19 days.

Kathleen Folbigg has always maintained they died of natural causes.

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.