Thursday, November 8, 2018

On-going: Kathleen Folbigg: Australia; Excellent backgrounder on dramatic developments in the Folbigg case. Daily Mail article by reporter Aidan Wondracz asks: "Do these other women who were cleared of murdering their babies prove that Australia's worst female serial killer Kathleen Folbigg is innocent of killing her four children?"..." "Kathleen Megan Folbigg was given 25-years jail over the deaths of her children' Folbigg was granted an inquiry into the deaths of her four children last week; If her review is successful she could walk away a free woman; While Folbigg was imprisoned several other women's convictions were quashed."


PASSAGE OF THE DAY: "Folbigg was found guilty of the manslaughter of her first child Caleb Folbigg, who died at 19 days old in 1989, and the murders of Patrick at eight months in 1991, Sarah at 10 months in 1993 and Laura, 19 months, in 1999.  Folbigg's defence team would say that all four died of sudden infant death syndrome (SIDS) and that there was no evidence the children were smothered. But doctors who also gave evidence at her trial claimed that for all of the children to die from SIDS was incredibly unlikely and even statistically impossible. The final nail in the coffin for Folbigg were her now infamous diary entries in which she appeared to all but admit to the murders. In one chilling passage she wrote: 'With Sarah all I wanted was her to shut up. And one day she did.' The 51-year-old was handed a 25-year-long jail term in 2003 for three counts of murder and one of manslaughter and maliciously inflicting grievous bodily harm. But last week Folbigg was granted an inquiry into the deaths of her children. Some say evidence against her was seriously flawed and have pointed to other women who were acquitted under similar circumstances. Carol Louise Matthey, Angela Canning and Trupti Patel all had children die as infants.  They were arrested for their deaths, though cleared for various reasons. Could their cases prove that Kathleen Folbigg's conviction is untenable?

-----------------------------------------------------------------

STORY: "Do these other women who were cleared of murdering their babies prove that Australia's worst female serial killer Kathleen Folbigg is innocent of killing her four children?, by reporter Aidan Wondracz (Daily Mail Australia), published on November 3, 2018.

KEY  POINTS: "Kathleen Megan Folbigg was given 25-years jail over the deaths of her children'     Folbigg was granted an inquiry into the deaths of her four children last week;     If her review is successful she could walk away a free woman;     While Folbigg was imprisoned several other women's convictions were quashed.

GIST" When Kathleen Folbigg was found guilty of killing all four of her infant children, it was a crime that rocked Australia. Never before had there been such a seemingly cold and callous child killer   The fact that she was a woman and the children's mother earned her the unenviable moniker 'Australia's most hated woman'. But there have always been doubts cast over Folbigg's conviction.  Folbigg was found guilty of the manslaughter of her first child Caleb Folbigg, who died at 19 days old in 1989, and the murders of Patrick at eight months in 1991, Sarah at 10 months in 1993 and Laura, 19 months, in 1999.  Folbigg's defence team would say that all four died of sudden infant death syndrome (SIDS) and that there was no evidence the children were smothered. But doctors who also gave evidence at her trial claimed that for all of the children to die from SIDS was incredibly unlikely and even statistically impossible. The final nail in the coffin for Folbigg were her now infamous diary entries in which she appeared to all but admit to the murders. In one chilling passage she wrote: 'With Sarah all I wanted was her to shut up. And one day she did.' The 51-year-old was handed a 25-year-long jail term in 2003 for three counts of murder and one of manslaughter and maliciously inflicting grievous bodily harm. But last week Folbigg was granted an inquiry into the deaths of her children. Some say evidence against her was seriously flawed and have pointed to other women who were acquitted under similar circumstances. Carol Louise Matthey, Angela Canning and Trupti Patel all had children die as infants.  They were arrested for their deaths, though cleared for various reasons. Could their cases prove that Kathleen Folbigg's conviction is untenable? 
Carol Louise Matthey:  In remarkably similar circumstances to Kathleen Folbigg's case, Carol Louise Matthey also had four children die at very young ages. In 2005 the Victorian mother was arrested and charged with the murder of two sons and two daughters between December 1998 and April 2003.
Jacob was seven months, Chloe, nine weeks, Joshua, three months and Shania three years at the time of their deaths.   A coroner had found that Jacob and Chloe had died from SIDS, Joshua from a rare infection and Shania from falling off a table.  But despite an inquest ruling that the children died of natural causes, Matthey was charged in February 2005 with murder after police launched a homicide investigation. Experts who gave evidence at Matthey's preliminary hearing were split on whether the children died of natural or sinister causes. Forensic pathologists found no evidence of homicide; but other doctors including a child death expert from America, ruled out SIDS or natural causes.   But before Matthey could stand trial a Supreme Court judge ruled that evidence against her was inadequate and the case was dropped.  'A detailed examination of the prosecution case revealed, in my view, evidentiary difficulties both as to its admissibility and as to the quality of the evidence the Crown was seeking to lead,' Justice John Coldrey said at the time.
Angela Cannings:  Angela Cannings, from Plymouth, England, lost three babies to SIDS and was wrongfully convicted of killing two of them. She faced court in 2002 and received life imprisonment. But Mrs Cannings was sensationally freed the following year after evidence given at her original trial was discredited. The Appeal Court decided that babies, Matthew - who died at 18 weeks - and Jason - who died aged seven weeks - had not been smothered but were victims of SIDS. Mrs Cannings first-born, a daughter named Gemma, also died of SIDS in 1989 aged 13 weeks. Angela Cannings faced court in 2002 over the deaths of her two sons. She was promptly convicted and sentenced to life in prison, before her case was reviewed the following year  Three senior judges heard that the prosecution's case rested on evidence presented by controversial paediatrician Professor Sir Roy Meadow. Mrs Cannings' appeal was been fast-tracked because solicitor Sally Clark, also jailed for murdering her two babies on the basis of Sir Roy's evidence, was cleared on appeal.  Both women said they lost their children to SIDS.  In both cases, the main evidence came from Sir Roy's 'three in one' theory, that one cot death in a family was tragic, two gave grounds for suspicion and three was murder. But his claims there is a one in 75 million chance that two natural cot deaths would occur in the same family was later said to be 'manifestly wrong' and 'grossly misleading'.  It was concluded that a genetic inheritance was the most likely explanation for the deaths of Mrs Canning's children. Mrs Canning's paternal grandmother had endured two sudden infant deaths and her paternal great-grandmother similarly lost a child.
Trupti Patel: Pharmacist Trupti Patel met husband Jayant when she was still a student and knew almost immediately that she had met her soulmate. The happy couple married seven months after they met and within two years they had begun trying for children. In 1995 their first child, a daughter, was born and when baby Amar came along in 1997 they felt their little family was complete.   But their joy was short-lived. Amar died on December 10, 1997. Two years later, a second son, Jamie, also died.  The couple couldn't believe it when they found their 22-day old daughter was not breathing on June 5, 2001. Neither, it seems, could the police. Mrs Patel, from Maidenhead, England, was arrested and charged with the murder of all three children and endured a six week trial at Reading Crown Court. In the end, a jury only took 90  minutes to find her not guilty on all three counts by a unanimous decision.  Discredited paediatrician Prof Roy Meadow gave evidence at Mrs Patel's trial but her defence were able to contradict his claims. Mrs Patel's grandmother was also flown from a village in Gujarat to give evidence that sudden infant deaths could run in families. Surajben Patel told the court that she had lost five of her 12 children in early infancy." 

https://www.dailymail.co.uk/news/article-6331503/Could-women-cleared-murdering-children-set-precedent-Kathleen-Folbiggs-review.html


 PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher; The Charles Smith Blog;