BACKGROUND: (Wikipedia): "Kathleen Megan Folbigg (née Donovan) (born 14 June 1967) is an Australian serial child killer who was convicted of murdering her three infant children, Patrick Allen (at age eight months), Sarah Kathleen (at age ten months) and Laura Elizabeth (at age nineteen months). She was also convicted of the manslaughter of her fourth child, Caleb Gibson (at age nineteen days). The murders took place between 1989 and 1999,[1] coming to an end only when her husband discovered her personal diary, which detailed the killings.[1] Folbigg was originally sentenced to forty years' imprisonment, with a non-parole period of thirty years, but on appeal this was reduced to thirty years, with a non-parole period of twenty-five years. She maintains her innocence, claiming the four children died from natural causes.................Trial: "Folbigg's trial lasted seven weeks. The prosecution alleged Folbigg murdered her four children by smothering them during periods of frustration. During a jury replay of Folbigg's police interview, she attempted to run from the courtroom.[5] The defense made the case that Kathleen did not kill or harm her children and that she did not think that Craig was responsible either. Although prosecution witnesses were concerned about the lack of prodromal (early-warning) symptoms in any of the children, the defence posed natural explanations for the events such as cot death and, in the case of Laura's death, myocarditis. The defence highlighted that Folbigg was a caring mother, pointing to journal entries that showed the care and concern that she gave her children. Some of her acquaintances gave statements to investigators about her caring nature. The defense pointed out that there were no direct admissions to the killings in Folbigg's journal entries, and that any entries indirectly suggesting her responsibility could be chalked up to a typical grieving mother's guilt. Folbigg appeared genuinely distraught to ambulance and police responders to the scene. They pointed out that no physical evidence could link Folbigg to murder; it was an entirely circumstantial case with very little consensus among the scientific experts who testified at trial."
https://en.wikipedia.org/wiki/Kathleen_Folbigg
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STORY: "Kathleen Folbigg's lawyers call for new review, claiming last inquiry showed 'bias'" by Quentin McDermott, published by ABC News on October 30, 2019. (Thanks to Bob Moles of the very informative Blog NetK for bringing this important story to our attention. HL);
SUB-HEADING: "Lawyers acting for Kathleen Folbigg, who is serving a 30-year-jail sentence for killing all four of her children, have issued a summons calling for a further judicial review of her case."
KEY POINTS:
GIST: "Folbigg's legal team is seeking orders quashing the findings of a judicial inquiry which was held into her case earlier this year. Justice Reginald Blanch, who headed the inquiry, concluded the evidence presented to him had "reinforced" Folbigg's guilt. He
delivered his verdict after Folbigg was cross-examined about the
diaries she wrote, which, the prosecution at her trial had argued,
pointed to her guilt. Justice Blanch said he had found Folbigg's explanations of what the diary entries meant, to be "simply unbelievable". But
the summons argues Justice Blanch demonstrated "apprehended bias" in
his conduct of the inquiry, by constraining the scope of the inquiry,
and by refusing Folbigg leave to lead evidence about the context of her
diaries. It says Justice Blanch demonstrated "apprehended bias"
by allowing Margaret Cunneen SC, representing Kathleen's former husband
Craig Folbigg, to cross-examine Kathleen beyond his "limited interest …
to protect his reputation". It says the judge failed to consider
fresh genetic evidence which was submitted to the inquiry towards the
end of the proceedings and he failed to admit into evidence transcripts
of a conversation between Folbigg and her former husband Craig, which
was secretly recorded by the police Folbigg's legal team is calling for the judge's report to be quashed and a further inquiry held into her convictions. Her
legal team is also seeking a "declaration that there is a reasonable
doubt" as to her guilt and requesting an order referring the matter to
the Court of Criminal Appeal. The summons also states that Justice
Blanch "failed to apply the correct legal test of 'reasonable doubt' to
the evidence before the inquiry". Those summonsed by Folbigg's
legal team include Justice Blanch himself, Craig Folbigg, the office of
the NSW Director of Public Prosecutions, the Crown Solicitor's office,
and Gail Furness SC, who acted as counsel assisting Justice Blanch in
the inquiry. At a brief directions hearing Thursday morning, the matter was adjourned for two weeks. The
court heard the NSW Attorney-General, Mark Speakman, who is not one of
those summonsed, may seek to join Justice Blanch as one of the
respondents."
The entire story can be read at:
https://www.abc.net.au/news/2019-10-31/kathleen-folbigg-lawyers-call-for-case-to-be-reviewed-again/11658450
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;
- Folbigg's legal team are seeking to quash the findings of an inquiry in July which "reinforced" her guilt
- Her lawyers say the inquiry judge showed "apprehended bias"
- Her legal team is also seeking a "declaration that there is a reasonable doubt" as to her guilt
The entire story can be read at:
https://www.abc.net.au/news/2019-10-31/kathleen-folbigg-lawyers-call-for-case-to-be-reviewed-again/11658450
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;
