PASSAGE OF THE DAY: "These expert opinions have never been presented to a court. But they may be very soon; an appeal hearing (before three judges) is scheduled for late February in which Folbigg’s lawyers are expected to present compelling new medical evidence that undermines the conviction. It will also address what are seen as shortcomings in the administrative enquiry conducted last year by former Chief Judge of the District Court, the Hon Reginald Blanch AM QC, concluding that “the investigations of the Inquiry have … produced evidence that reinforces Ms Folbigg’s guilt”
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PUBLISHER'S NOTE: What an extraordinary case. She's known as Australia's worse serial killer. Four dead babies. Convicted by junk science. Can real science save her? Her appeal is set to begin on February 15th. So much at stake. Should be fascinating. Will be following closely.
Harold Levy: Publisher. The Charles Smith.
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POST: 'New years hopes for old injustices', by Andrew L. Urban, published on his 'Wrongful Conviction Report' on December 17, 2020."
SUMMARY OF POST: "Kathleen Folbigg’s complex new appeal will be heard in February, challenging both the conviction and the recent Blanch enquiry. The 2003 trial was based on the circumstances that Folbigg was the mother of four children and all the children died. The medical evidence relating to the causes of the deaths of her four children at her trial was inconclusive. The Crown’s case was based by implication on the now discredited theory of British paediatrician, Professor Sir Roy Meadow. There is now compelling new evidence of genetic defects in respect of two babies not previously available and which has been peer reviewed by over twenty international experts in the field."
GIST: Kathleen Folbigg – junk science as evidence: "Did she really kill all four of her children? Is she a monster – or was she monstered by a criminal justice system that failed to recognise junk science? It is a case of the latter, according to Michael Nott LLB GDLP, an Australian lawyer who is an advocate for mothers falsely accused of munchausen syndrome (factitious illness) by proxy and the cot death theory. The following are edited extracts from his report on the Folbigg case:
The prosecution was based by implication on the now discredited theory of British paediatrician, Professor Sir Roy Meadow. Meadow’s hypothesis is that in multiple unexplained cot deaths in the same family: one (infant) death is a tragedy, two is suspicious and three is murder. Meadow’s rule relied upon an untested hypothesis by two American pathologists, Dominick and Vincent Di Maio, who referred to it as ‘the rule of three.’
Dr Vincent Di Maio explained: “when you get a first case that appears to be sudden infant death syndrome (‘SIDS’) … treat it as SIDS … [i]n the second case, we know that in all probability it’s not a SIDS. It’s a homicide … you always give them the benefit of the doubt … than to falsely accuse them … [i]t’s when you get to the third one, then you’ve gone beyond reasonable doubts and you have to call it a homicide.”
Meadow’s ‘rule of three’ hypothesis was criticised and discredited by the UK Court of Appeal in several cases. In the UK case of Cannings, their Honours stated ‘if that is the fashion, it must now cease.’ The ‘rule of three’ hypothesis is without scientific backing.
It should not have been allowed. But the question remains: what may have caused the deaths of the children, or at least one or two of the children? Perhaps we need to consider whether overwhelming bacterial infection caused the deaths of some of the Folbigg children. It has been known that bacterial infection can contribute to the sudden and unexpected deaths of infants since the original Folbigg trial in 2003 and the appeal in 2004.
Cot death expert Professor Paul Goldwater writes that studies show that bacteriological findings at autopsy have been found in cases of ‘sudden infant death syndrome’. Professor Goldwater states serious consideration should be given to recognised pathogens, especially Staphylococcus aureus, found in normally sterile sites, which may have a contributory role to an infant’s death. Professor Goldwater says there is now a strong view that if an infant dies unexpectedly, it is more likely to be carrying pathogenic bacteria than a healthy baby.
Professor Blackwell noted that there was evidence of infections in two of the Folbigg children: Sarah and Laura … which cannot be ignored as a potential cause of death. Further, the post mortem report for Patrick Folbigg did not provide any evidence to support a finding of an unnatural death according to Professor Goldwater. He said the autopsy findings for Patrick, who died aged eight months, were compatible with SUDI. He refers to the key findings that Patrick had a larger than normal brain for his age, including abnormal brain grooves along with cystic degeneration. Professor Goldwater says this is compatible with pathology often found in cerebral palsy …
These expert opinions have never been presented to a court.
But they may be very soon; an appeal hearing (before three judges) is scheduled for late February in which Folbigg’s lawyers are expected to present compelling new medical evidence that undermines the conviction. It will also address what are seen as shortcomings in the administrative enquiry conducted last year by former Chief Judge of the District Court, the Hon Reginald Blanch AM QC, concluding that “the investigations of the Inquiry have … produced evidence that reinforces Ms Folbigg’s guilt”
Well, maybe not …. the much publicised Folbigg diary entries, presented by the prosecution as its best evidence, and relied upon by Blanch, are capable of different and innocent meaning – if seen in their proper context."
The entire post can be read at:
https://wrongfulconvictionsreport.org/2020/12/17/new-year-hopes-for-old-injustices/#more-2604
