PASSAGE OF THE DAY: "At trial, Folbigg's diary entries were seen as admissions of guilt, but experts have since argued they were the expressions of a grieving mother. Mr Jordan said criticisms of judges and appeal processes relevant to the case have been made "with the considerable benefit of hindsight" and should not be accepted. The inquiry heard the DPP accepts the possibility of reasonable doubt about Folbigg's convictions of three counts of murder and one of manslaughter.
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PASSAGE TWO OF THE DAY; "The inquiry has now finished, no date has been set for the findings to be handed down."
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STORY: "On 27 April 2023 Jamelle Wells of the ABC reported New evidence in Kathleen Folbigg inquiry 'fundamentally changes' circumstances surrounding children's death, inquiry told...New scientific evidence "fundamentally changes" the understanding of the circumstances around the deaths of convicted killer Kathleen Folbigg's daughters, a lawyer for the NSW Director of Public Prosecution (DPP) says."
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Key points:
- New evidence suggests a rare gene mutation may have caused the deaths of Folbigg's daughters Laura and Sarah
- The scientific evidence was not available during the earlier trial, and subsequent appeals
- Folbigg's lawyer has drawn similarities to the Lindy Chamberlain case
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GIST: "Retired Chief Justice Tom Bathurst KC is hearing closing submissions after a long-running judicial inquiry into Folbigg's convictions for killing her four children in the New South Wales Hunter region between 1989 and 1999.
Sarah, Laura, Patrick and Caleb, aged between 19 days and 19 months, died on separate occasions and Folbigg has always maintained natural causes were to blame. Scientists have told the inquiry new evidence suggests a rare gene mutation may have caused the deaths of her daughters Laura and Sarah.
Dean Jordan SC, barrister for the DPP, said the discovery of the gene mutation "fundamentally changes our understanding of the circumstances leading to the deaths of the girls".
Mr Jordan said pathology evidence relevant to the death of each Folbigg child, and expert evidence about the interpretation of Folbigg's diaries, were not available when she stood trial in 2003. "The most critical new evidence was beyond the contemplation of science when the
trial was conducted in 2003," Mr Jordan said.
"The new evidence was not available to courts that dismissed challenges in 2005 and 2007. "It is important to keep in mind the historical context of what was not known in 2003 at the time of Ms Folbigg's trial."
At trial, Folbigg's diary entries were seen as admissions of guilt, but experts have since argued they were the expressions of a grieving mother. Mr Jordan said criticisms of judges and appeal processes relevant to the case have been made "with the considerable benefit of hindsight" and should not be accepted.
The inquiry heard the DPP accepts the possibility of reasonable doubt about Folbigg's convictions of three counts of murder and one of manslaughter.
Similarities to Lindy Chamberlain case
It is the strongest indication yet the 55-year-old could be freed from jail before she finishes serving the final five years of her 25-year sentence.
Folbigg's lawyer Robert Cavanagh said she was wrongly convicted, and drew similarities to the Lindy Chamberlain case.
Ms Chamberlain was wrongly convicted of the murder of her daughter Azaria, and was released years later thanks to new evidence.
He said at the time there was significant "public agitation" after the new evidence came to light. "We have detailed extensively her [Folbigg's] repeated expressions of grief about the loss of her children," Dr Cavanagh said. "It depends on what evidence is before which court, and inquiry, at what time."
If Mr Bathurst finds reasonable doubt, he could refer the case to the Court of Criminal Appeal to consider quashing Folbigg's convictions.
Mr Bathurst could also refer the matter to the governor to recommend a pardon, which will see Folbigg walk out of jail.
The inquiry has now finished, no date has been set for the findings to be handed down.
https://www.abc.net.au/news/2023-04-27/kathleen-folbigg-inquiry-genetic-evidence- reasonable-doubt/102271292
The entire NetK post can be read at:
http://netk.net.au/Folbigg/Folbigg130.pdf
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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;
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
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: "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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YET ANOTHER FINAL WORD:
David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”
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