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.