Australia: Mother Convicted of Killing Children Pardoned After 20 Years

Facts

• On Monday, an Australian mother who spent 20 years in prison for the deaths of her offspring was pardoned and released from her Grafton prison cell after a landmark inquiry concluded there was reasonable doubt about the guilty verdict.¹
• Kathleen Folbigg, now 55, was jailed in 2003 on three charges of murder and one of manslaughter after all four of her children – aged between 19 days and 18 months – died separately between 1989 and 1999.²
• However, based on new scientific evidence that reportedly suggests Folbigg's two daughters had a rare genetic variant while her son had an underlying neurological disorder, a new inquiry concluded there was nothing to show that she "was anything but a caring mother."³
• While Folbigg's ex-husband still believes she's guilty of murdering their children, citing her past diary entries as an admission of guilt, the inquiry noted the evidence suggests "they were the writings of a grieving and possibly depressed mother."⁴
• Though Folbigg has always maintained her innocence, previous appeals and a separate 2019 inquiry into the case found no grounds for reasonable doubt, as they gave greater importance to circumstantial evidence in her original trial.⁵
• The unconditional pardon could pave the way for her to obtain potentially millions in compensation, either after a civil suit or through an ex-gratia payment by the government. The case must be referred to the Court of Criminal Appeal to formally quash her convictions.⁶

Sources: ¹9, ²CNN, ³New York Post, ⁴FOX News, ⁵BBC News, and ⁶The Sydney Morning Herald.

Narratives

• Narrative A, as provided by Sky News. The pardoning and releasing of Folbigg deliver a resounding message that Australia's judicial system is fully capable of serving justice, demonstrating that the rule of law is a cornerstone of the country's democracy.
• Narrative B, as provided by The Conversation. The Folbigg case is just the latest miscarriage of justice to be acknowledged in Australia, reinforcing the need to establish a statutory body to investigate wrongful conviction claims instead of relying on inefficient and expensive ad hoc commissions of inquiry.