Australian inquiry asks whether mom smothered her 4 children

Feb 12, 2023, 11:38 AM | Updated: Feb 13, 2023, 1:42 am
Kathleen Folbigg appears via video link during a convictions inquiry at the NSW Coroners Court, Syd...

Kathleen Folbigg appears via video link during a convictions inquiry at the NSW Coroners Court, Sydney, May 1, 2019. A retired Australian judge investigating the convictions of a mother for smothering her four children has been told on Monday, Feb. 13, 2023, there is a "reasonable hypothesis" that could cast doubt on her guilt. (Joel Carrett/AAP Image via AP)

(Joel Carrett/AAP Image via AP)

SYDNEY (AP) — A retired Australian judge investigating the convictions of a mother in the deaths of her four children was told Monday there is a “reasonable hypothesis” that could cast doubt on her guilt.

The inquiry by retired New South Wales state Supreme Court Chief Justice Tom Bathurst into Kathleen Folbigg’s convictions in 2003 resumed on Monday after a two-day hearing in November.

It is the second judicial investigation into Folbigg’s convictions and reflects advances in genetic science that add weight to her argument that her four children died over a decade from natural causes, not from being smothered.

Counsel assisting the inquiry, Sophie Callan, on Monday summarized the evidence that genetic experts are expected to give this week.

No witness is expected to give definitive evidence about the causes of death of the four children, and Bathurst will have to use his judgment, Callan said.

Bathurst asked, “There’s, even on this evidence, whichever way you look at it, a reasonable hypothesis inconsistent with guilt?”

Callan replied that the evidence would suggest just a hypothesis.

The first inquiry by retired District Court Chief Justice Reginald Blanch concluded in 2019 that there was no reasonable doubt that Folbigg, now age 55, murdered her children Sarah, Laura and Patrick and was guilty of the manslaughter of her firstborn, Caleb.

The start of the new inquiry in Sydney in November focused on a rare CALM2 genetic variant present in both daughters. Research into the variant published in 2021, after Blanch’s report, found that it might cause heart arrhythmias and sudden death in young children.

Experts are expected to tell the inquiry that all four children, but not their mother, also carried another genetic variant, identified in 2018, which could be an aggravating factor in cardiac death.

Folbigg is serving a 30-year prison sentence which will expire in 2033. She will become eligible for parole in 2028.

New South Wales Attorney General Mark Speakman ordered the new inquiry last May when he rejected Folbigg’s petition for a pardon.

That petition said it was “based on significant positive evidence of natural causes of death” and was signed by 90 scientists, medical practitioners and related professionals.

If Bathurst finds reasonable doubt of Folbigg’s guilt, he can report to the Court of Criminal Appeals, which could consider quashing her convictions.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

fishery...
Associated Press

Much of drought-plagued West Coast faces salmon fishing ban

The surreal and desperate scramble boosted the survival rate of the hatchery-raised fish, but still it was not enough to reverse the declining stocks in the face of added challenges.
19 hours ago
UCLA's Jaime Jaquez Jr. (24) shoots while defended by Gonzaga's Rasir Bolton (45) in the first half...
Associated Press

Gonzaga beats UCLA 79-76 in Sweet 16 on Strawther’s shot

Julian Strawther hit a 3-pointer with 6 seconds left to answer a 3-pointer by UCLA's Amari Bailey, lifting Gonzaga to a wild 79-76 NCAA Tournament win over UCLA Thursday night in the Sweet 16.
19 hours ago
transportation...
Associated Press

Officials: Safety device, human error derailed Wash. train

A safety device failed, knocking a train off the tracks last week, spilling diesel after leaving an oil refinery in Anacortes.
19 hours ago
File - Credit cards as seen July 1, 2021, in Orlando, Fla. A low credit score can hurt your ability...
Associated Press

What the Fed rate increase means for your credit card bill

The Federal Reserve raised its key rate by another quarter point Wednesday, bringing it to the highest level in 15 years as part of an ongoing effort to ease inflation by making borrowing more expensive.
2 days ago
police lights distracted drivers shooting...
Associated Press

Authorities: Missing mom, daughter in Washington found dead

A missing Washington state woman and her daughter were found dead Wednesday, according to police.
2 days ago
Google...
Associated Press

Google’s artificially intelligent ‘Bard’ set for next stage

Google announced Tuesday it's allowing more people to interact with “ Bard,” the artificially intelligent chatbot the company is building to counter Microsoft's early lead in a pivotal battleground of technology.
3 days ago

Sponsored Articles

Emergency Preparedness...

Prepare for the next disaster at the Emergency Preparedness Conference

Being prepared before the next emergency arrives is key to preserving businesses and organizations of many kinds.
SHIBA volunteer...

Volunteer to help people understand their Medicare options!

If you’re retired or getting ready to retire and looking for new ways to stay active, becoming a SHIBA volunteer could be for you!
safety from crime...

As crime increases, our safety measures must too

It's easy to be accused of fearmongering regarding crime, but Seattle residents might have good reason to be concerned for their safety.
Comcast Ready for Business Fund...
Ilona Lohrey | President and CEO, GSBA

GSBA is closing the disparity gap with Ready for Business Fund

GSBA, Comcast, and other partners are working to address disparities in access to financial resources with the Ready for Business fund.
SHIBA WA...

Medicare open enrollment is here and SHIBA can help!

The SHIBA program – part of the Office of the Insurance Commissioner – is ready to help with your Medicare open enrollment decisions.
Lake Washington Windows...

Choosing Best Windows for Your Home

Lake Washington Windows and Doors is a local window dealer offering the exclusive Leak Armor installation.
Australian inquiry asks whether mom smothered her 4 children