Thursday, September 17, 2020

Kathleen Folbigg: Shifting science: Daily Mail Australia (Reporters Alana Mazzoni and Charlie Coe) reports:.."Australia's worst female serial killer Kathleen Folbigg makes bid for freedom after evidence emerged which scientist's say proves she's innocent - 17 years after being jailed for the death of her four kids: Australia's worst female serial killer Kathleen Folbigg has launched another bid for freedom, arguing a former judge who reviewed her case did not 'come to grips' with evidence that she claims proves her innocence - 17 years after being jailed for the death of her four kids."

PASSAGE OF THE DAY: "Last month a group of 27 scientists released findings which show at least two of her children may have died of natural causes. Folbigg has since launched legal proceedings against the inquiry's chief, former NSW District Court Judge Reginald Oliver Blanch QC AM. The 53-year-old alleges he acted with 'apprehended bias' against her, while making mistakes in his findings. The NSW Supreme Court on Tuesday heard Folbigg would argue Mr Blanch failed to properly accept the information collected by medical experts since she was sentenced, The Daily Telegraph reported. 'I apprehend that underlying (Folbigg's) stated grounds there is a proposition the judicial officer did not, in some way, come to grips with new medical - immunological and genetic - evidence post trial,' Justice John Basten said. Folbigg's lawyers are preparing to prove a 'significant shift in the scientific material' took place, and are aiming to have Mr Blanche's report be declared legally flawed'. "

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STORY: Australia's worst female serial killer Kathleen Folbigg makes bid for freedom after evidence emerged  which scientist's say proves she's innocent - 17 years after being jailed for the death of her four kids," by reporters Alana Mazzoni and Charlie Coe, published by Daily Mail Australia,  on September 15, 2020.

PHOTO CAPTION: "Kathleen Folbigg has made a bid for freedom, arguing a former judge who reviewed her case did not 'come to grips' with the latest scientific evidence that she claims proves her innocence."

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  • SUMMARY: Kathleen Folbigg jailed in 2003 for at least 25 years for killing her four children 
  • The girls had a genetic mutation which had likely been deadly, scientists said
  • Scientists said boys also had mutated genes which caused fatal epilepsy in mice
  • Folbigg launched legal action against the inquiry's chief  Reginald Oliver Blanch 
  • She alleged he acted with 'apprehended bias' against her, while making errors
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Folbigg was jailed in 2003 for at least 25 years for murdering her children Patrick, Sarah and Laura - aged from eight months to 19 months - between 1991 and 1999. 

She was also found guilty of the manslaughter of her first-born child, Caleb, who was just 19 days old when he died in Newcastle in 1989. The 53-year-old has always maintained her innocence. 

Last month a group of 27 scientists released findings which show at least two of her children may have died of natural causes.

Folbigg has since launched legal proceedings against the inquiry's chief, former NSW District Court Judge Reginald Oliver Blanch QC AM.

The 53-year-old alleges he acted with 'apprehended bias' against her, while making mistakes in his findings.

The NSW Supreme Court on Tuesday heard Folbigg would argue Mr Blanch failed to properly accept the information collected by medical experts since she was sentenced, The Daily Telegraph reported.

'I apprehend that underlying (Folbigg's) stated grounds there is a proposition the judicial officer did not, in some way, come to grips with new medical - immunological and genetic - evidence post trial,' Justice John Basten said.

Folbigg's lawyers are preparing to prove a 'significant shift in the scientific material' took place, and are aiming to have Mr Blanche's report be declared legally flawed'. 

The Attorney-General denied the accusations against Mr Blanch.

The matter was adjourned until February 2021. 

In a peer-reviewed study published on in August, researchers in Australia, Canada, the United States, France, Italy and Denmark said a never-seen-before genetic mutation in the two girls' DNA had likely been deadly.

The Danish scientists said the mutation, called CALM2 G114R, had been inherited from Folbigg.

They said Caleb and Patrick had another genetic mutation which too could have led to their deaths.

The CALM2 mutation causes a condition called 'Calmodulinopathy' which can cause sudden cardiac death in very young children, the paper's lead scientist said. 

They said the boys' mutated genes had two different copies which caused lethal epilepsy in mice in cases where they were faulty. 

Professor of Immunology at the Australian National University Carola Vinuesa - who revealed the results to a scientists' symposium - was last year tasked with analysing the DNA of Folbigg and the four deceased children. 

Scientists had analysed the infants' genome using only the blood from their heel-prick cards at birth.

The report by Mr Blanch said 'the only conclusion reasonably open is that somebody intentionally caused harm to the children, and smothering was the obvious method'.

'The evidence pointed to no person other than Ms Folbigg,' the report said.

Folbigg's evidence and listening device transcripts - which weren't before the jury at trial - showed she had been untruthful, unbelievable and 'made deliberate attempts to obscure the fact that she had committed the offences', it said.

The inquiry was announced by NSW Attorney-General Mark Speakman in 2018 after Folbigg's lawyers lodged a petition casting doubt on some evidence that led to her conviction.

At the time, the attorney-general said he'd formed the view it was necessary 'to ensure public confidence in the administration of justice'.

The results of the inquiry left Folbigg 'heartbroken and perplexed', friend Tracey Chapman told 7 News.  

She said despite the findings, they would continue to fight to prove her innocence.

'I can assure you, it's not over. Not until this gross injustice is recognised, the convictions overturned and this broken, arrogant, biased system apologises for its treatment of Kath.

'We have truth on our side and a growing number of supporters who are becoming very frustrated. I told her to try and find some comfort in these facts.'"

The entire story can  be read at:

https://www.dailymail.co.uk/news/article-8734403/Australias-worst-female-serial-killer-Kathleen-Folbigg-makes-bid-freedom.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;
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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD (FOR NOW!): "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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