Australia’s worst female serial killer: ‘Doubt or question’ over evidence

Megan Palin news.com.au

Kathleen Megan Folbigg, 51, remained behind bars in Silverwater Correctional facility — where she has spent the bulk of the last 15 years — as the first directions hearing for the matter was held in Sydney this morning. She is said to be “delighted” the inquiry is underway because it could ultimately lead to her convictions being overturned and her early release from prison.

Folbigg was found guilty on May 21, 2003 of killing her four children and maliciously inflicting grievous bodily harm on one of them over a 10 year period.

She was convicted of the manslaughter of her first child Caleb Folbigg who died at 19 days old in 1989 and the murders of Patrick at eight months in 1991, Sarah at 10 months in 1993 and Laura, 19 months, in 1999.

Folbigg was sentenced to 40 years’ jail — later reduced on appeal to 30 years — of which she has so far served half.

She has always maintained her innocence but having exhausted the appeal process, her legal team lodged a petition in 2015 to the NSW Government for a judicial review. Their argument is that the evidence at her trial was flawed and fresh forensic opinion shows natural causes are a plausible explanation for their deaths.

Counsel assisting Gail Furness SC today said the inquiry should focus on new research and medical advances including multiple “natural” infant deaths in the one family.

The public hearings are unlikely to be held until late February or early March next year.

NSW Attorney-General Mark Speakman earlier directed that an inquiry be held “because it appears that there is doubt or question as to part of the evidence in the proceedings leading to the convictions”.

“That doubt or question concerns evidence as to the incidence of reported deaths of three or more infants in the same family attributed to unidentified natural causes,” Mr Speakman said in a statement.

‘SARAH LEFT WITH A BIT OF HELP’

All four children died suddenly because of “cessation of breathing” and were found by their mother. But post-mortems failed to establish the cause.

Folbigg’s estranged husband Craig, the children’s’ father, testified against his former wife during her trial.

But it was her damning diary entries that detailed her dark thoughts and revealed she was “short tempered and cruel” to her babies, which ultimately secured her convictions. One of the entries said her daughter Sarah “left … With a bit of help”.

“With Sarah all I wanted was her to shut up. And one day she did.”

A later entry about her daughter Laura read: “Wouldn’t have handled another like Sarah.

“She saved her life by being different.

“She’s a fairly good-natured baby. Thank goodness. It has saved her from the fate of her siblings. I think she was warned.

“I actually seem to have a bond with Laura. It can’t happen again. I’m ashamed of myself.”

Folbigg spoke publicly for the first time since her sentencing in August this year after she consented to a phone conversation with a friend being recorded. It was then broadcast on the ABC.

During the call, Folbigg said the diary entries could be explained because she had been referring to herself in the sense of taking “on that responsibility so heavily with each child” as their mother.

“Why didn’t I see this coming? Why didn’t I see the signs? Why wasn’t I paying more attention?” she said.

Folbigg, who as a young girl witnessed her father Jack Britton stab her mother to death, has previously acknowledged she is considered by some to be Australia’s “most hated woman”.

The inquiry is expected to run for 6 to 12 months before former chief judge of the District Court, Reginald Blanch AM QC.

Mr Speakman has directed Mr Blanch to have particular regard to questions about evidence on the incidence of reported deaths of three or more infants in the same family attributed to unidentified natural causes in the proceedings leading to Folbigg’s convictions.

Several women accused of similar crimes have had their convictions overturned overseas.

If it’s found that there is reasonable doubt as to Folbigg’s guilt, the matter might be referred to the Court of Criminal Appeal for further consideration, which could result in the convicted child killer being set free.

megan.palin@news.com.au | @Megan_Palin