Wednesday, March 3, 2021

Kathleen Folbigg: Australia: extraordinary (Very Welcome) Development: A group which includes Nobel laureates and leading scientists have signed a petition to the Governor of New South Wales calling for Ms. Folbigg's immediate pardon and release from jail - citing, "the significant scientific evidence of natural causes of death for her children", The Australian Academy of Science reports...Ninety eminent scientists—including two Australian Nobel Laureates, medical practitioners, science leaders and prominent Australians—have signed a petition calling for Kathleen Folbigg’s immediate pardon and release from jail. Kathleen Folbigg was convicted and jailed in 2003 for murdering her children Patrick, Sarah and Laura and for the manslaughter of Caleb."


BACKGROUND:  "On April Fool's Day 2003, the murder trial for what the national media would call Australia's worst matricidal murder, with Kathleen Folbigg in the dock, began. Mark Tedeschi QC, the state's most senior public prosecutor, "representing the community of NSW" (New South Wales), opened the trial against Folbigg, alleging she had deliberately killed all four of her infant children. By the end of the trial, 29 days later, Tedeschi had convinced the jury of her guilt. The Upper Hunter's Kathleen Folbigg was convicted and sentenced to 40 years jail over the deaths of her four infant children in the decade from 1989. Caleb at 19 days, Patrick at 8 months, Sarah at 10-and-a-half months and Laura at 19 months. The Folbigg convictions stand among the most contentious and troublesome in Australian history, alongside those of Lindy and Michael Chamberlain. Like Lindy Chamberlain, Kathleen Folbigg has always maintained her innocence and has steadfastly pursued every legal avenue to have her convictions set aside. Like Lindy Chamberlain, all Kathleen Folbigg's appeals, including to the High Court, failed." Ray Waterson: Newcastle Herald.

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NOTA BENE: Dear reader. At the bottom of this post you will find a link which will permit you to read this extremely important petition. HL.

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QUOTE ONE  OF THE DAY: "Australian Academy of Science President, Professor John Shine AC PresAA FAHMS(Hon) FRS is among the petition’s signatories. “Given the scientific and medical evidence that now exists in this case, signing this petition was the right thing to do,” Professor Shine said. “These matters are incredibly complex. As our scientific knowledge deepens, so does the complexity, which makes the job of the courts a more complex one too. “We want to work more closely with the legal community to ensure evidence placed before courts is presented in the most accurate way possible, using the most appropriate experts and the most up-to-date science,” Professor Shine said.

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QUOTE TWO OF THE DAY: "ANU Professor of Immunology Carola Vinuesa FAA FAHMS also signed the petition. She gave evidence to an inquiry into Ms Folbigg’s convictions and was asked to analyse the genomes of Kathleen and her four children in early 2019. “In all four Folbigg children, there is credible medical and pathological evidence, including new peer-reviewed genetic findings, by an international team of 27 scientists published in a top international cardiology journal last year, that points towards natural causes of death,” said Professor Vinuesa.“It is our responsibility as scientists to assist our legal peers so that they can rely on scientific, peer-reviewed evidence and ensure that domain experts are at their disposal to solve the issues of a difficult legal case.”

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PASSAGE OF THE DAY: "The petition concludes:

“The executive prerogative of mercy is designed to deal with failures of the justice system such as this one. It is incumbent on the Governor to exercise her power to stop the ongoing miscarriage of justice suffered by Ms Folbigg. Not to do so is to continue to deny Ms Folbigg basic human rights and to decrease faith in the New South Wales justice system.

“Ms Folbigg’s case also establishes a dangerous precedent as it means that cogent medical and scientific evidence can simply be ignored in preference to subjective interpretations of circumstantial evidence.”

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ARTICLE: "Nobel Laureates and leading scientists call for Kathleen Folbigg pardon," published by The   Australian Academy of Science on March 4, 2021.

GIST: Ninety eminent scientists—including two Australian Nobel Laureates, medical practitioners, science leaders and prominent Australians—have signed a petition calling for Kathleen Folbigg’s immediate pardon and release from jail.

Kathleen Folbigg was convicted and jailed in 2003 for murdering her children Patrick, Sarah and Laura and for the manslaughter of Caleb.

The petition argues that Ms Folbigg should be granted a pardon based on the significant scientific evidence of natural causes of death for her children.

The group submitted the petition to the Governor of NSW, the Honorable Margaret Beazley AC, earlier this week.

The petition includes medical and scientific explanations from leading experts in their field that address each of the Folbigg children’s deaths.

The petition concludes:

“The executive prerogative of mercy is designed to deal with failures of the justice system such as this one. It is incumbent on the Governor to exercise her power to stop the ongoing miscarriage of justice suffered by Ms Folbigg. Not to do so is to continue to deny Ms Folbigg basic human rights and to decrease faith in the New South Wales justice system.

“Ms Folbigg’s case also establishes a dangerous precedent as it means that cogent medical and scientific evidence can simply be ignored in preference to subjective interpretations of circumstantial evidence.”

Australian Academy of Science President, Professor John Shine AC PresAA FAHMS(Hon) FRS is among the petition’s signatories.

“Given the scientific and medical evidence that now exists in this case, signing this petition was the right thing to do,” Professor Shine said.

“These matters are incredibly complex. As our scientific knowledge deepens, so does the complexity, which makes the job of the courts a more complex one too.

“We want to work more closely with the legal community to ensure evidence placed before courts is presented in the most accurate way possible, using the most appropriate experts and the most up-to-date science,” Professor Shine said.

ANU Professor of Immunology Carola Vinuesa FAA FAHMS also signed the petition. She gave evidence to an inquiry into Ms Folbigg’s convictions and was asked to analyse the genomes of Kathleen and her four children in early 2019.

“In all four Folbigg children, there is credible medical and pathological evidence, including new peer-reviewed genetic findings, by an international team of 27 scientists published in a top international cardiology journal last year, that points towards natural causes of death,” said Professor Vinuesa.

“It is our responsibility as scientists to assist our legal peers so that they can rely on scientific, peer-reviewed evidence and ensure that domain experts are at their disposal to solve the issues of a difficult legal case.”

Other petition signatories and Fellows of the Australian Academy of Science highlight below why they signed the petition.

“It is deeply concerning that medical and scientific evidence has been ignored in preference of circumstantial evidence. We now have an alternative explanation for the death of the Folbigg children” – Child and public health researcher Professor Fiona Stanley AC FAA FAHMS(Hon) FASSA.

“The science in this particular case is compelling and cannot be ignored. Despite the new knowledge gained from sequencing the human genome almost 20 years ago, we still have some way to go when it comes to both understanding the complexities of genetic disorders and educating the community about these issues” – Human geneticist and researcher Professor Jozef Gecz FAA FAHMS.

“Expert advice should always be heard, and listened to. It will always trump presumption” – Former Chief Scientist Professor Ian Chubb AC FAA FTSE.

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Read the petition

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Check out  'Networked Knowledge's' comprehensive, ever-growing collection of resource materials on  the "Kathleen Folbigg home page,"  at the link below.

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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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