Kathleen Folbigg conviction next under microscope – others on the way

Andrew L. Urban

The high profile case of Kathleen Folbigg’s 2003 conviction for the murder of her very young children will be under the microscope again in a second inquiry starting November 14, 2022 (listed for two weeks), with former NSW Chief Justice Tom Bathurst AC KC, as commissioner, as announced in May 2022. It is one of several cases we are following which remain poised to challenge the murder convictions which we believe are wrongful: Sue Neill-Fraser, Robert Xie, Derek Bromley, Robert Farquharson. (See links menu at right). 

Kathleen Folbigg – This second inquiry follows extensive new scientific evidence from literally dozens of medical specialists which demonstrates genetic malfunction (to put it overly simply) as the children’s cause of death. There is no worse crime than a mother murdering her own toddlers… four of them. Is there? Well, maybe one: wrongfully convicting a mother of such a deed. In his new book, The Big Folbigg Mistake, author John Kerr points the finger at the NSW criminal justice system, which has defied science and is still keeping Kathleen Folbigg in prison as she approaches 20 years behind bars.

Sue Neill-Fraser

Sue Neill-Fraser – on August 12, 2022, the High Court dismissed her application seeking leave to appeal the 2010 conviction. Her family has stated that they will continue to fight to clear her name. Further steps are yet to be announced, while a petition of over 36,000 signatories are seeking a review of her case, as are a number of lawyers who have compiled arguments that directly challenge the validity of the 2010 conviction.

Robert Xie

Robert Xie – in February 2021, the Court of Criminal Appeal in NSW dismissed the appeal against his five 2016 convictions of murdering his wife’s family in 2009; two children and three adults. In what we regard as the worst miscarriage of justice in recent times, Xie endured four trials before his appeal, and the Crown’s case was so weak it was even remarked on by both Justice Derek Price and local court magistrate John Andrews (prior to trial). Andrews also noted: “It was effectively conceded by the prosecutor that there was no evidence of motive. On the contrary, the evidence indicates a very close relationship between the families.”

As alibi, Xie insists he was in bed all night alongside his wife on the night of the vicious murders; she confirms the alibi. The Crown tried to negate the alibi with a speculative assertion that he had sedated her. The Crown claimed that he murdered his wife’s family, including the two much loved nephews, so he would have easy access to his teenage niece, Brenda, who claimed that he had molested her. It is inherently unlikely and far-fetched, we believe, that such a motive (or indeed any other) would drive an uncle to savagely beat his young nephews to death – as well as the adults.

Xie is preparing to seek leave to appeal to the High Court.

Derek Bromley

Derek Bromley – on September 16, 2022, the High Court referred the application seeking leave to appeal his 1984 murder conviction to the full Court; the matter will be heard early in 2023 at a date to be scheduled. Bromley’s agonising wait – in jail for nearly 40 years – has been cursed by a litany of errors, but none so egregious as the latest dismissal of his appeal by the South Australian appeal court in what amounts to a decision that is outside the rule of law. The appeal court fundamentally failed to pay due regard to the rule of law and to the well-established principles governing criminal appeals,” according to legal academics Dr Bob Moles and Bibi Sangha. “The principles espoused in the Bromley decision are not only contrary to established authority but have never before appeared in any legal judgment in Australia, Britain or Canada.”

Robert Farquharson and Cindy Gambino console each other at the funeral of their three boys

Robert Farquharson – on July 22, 2010, Farquharson (at his second trial) was convicted of murdering his three young boys on Father’s Day 2005, drowning them in a Victorian roadside dam while driving them home to his estranged wife. He claims he blacked out after a coughing fit and lost control of the car, which veered off the road into a dam and sank. He escaped but could not save his sons. The prosecution claimed he drowned his sons deliberately. Chris Brook’s book on the case, Road to Damnation, reveals why the conviction is wrongful in scientific detail. In gathering information for an appeal, Farquharson’s supporters have been seeking his medical reports from prison, believing it shows the same coughing episodes which the prosecution dismissed. The prison authorities have agreed to provide the records – but have repeatedly not done so.

THE STATE v YOU?

In each of these cases we see agencies of government act in unison – and even with courts – to protect the convictions. Protecting convictions is not the function of governments or courts; their functions are to uphold the law and protect citizens from wrong doing whether at the hands of assailants or at the hands of government agencies.

 

This entry was posted in Case 01 Sue Neill-Fraser, Case 05 Derek Bromley, Case 11 Robert Xie, Case 13 Robert Farquharson, Case 17 Kathleen Folbigg. Bookmark the permalink.

14 Responses to Kathleen Folbigg conviction next under microscope – others on the way

  1. Father Ted Whalensky says:

    Have just read again the “Screen Play” used to convict a young mother–whose much loved baby girl was eaten by a DOG.– Fascinating that the technique used is so similar to that used on our Sue SNF. Is this method taught in Police School–surely must be ! One act that is difficult to fathom is the fact that the Tasmanian Police got rid of a DNA riddled cloth–where as the Northern Territory Police produced the Famous Matinee Jacket ! Maybe because a decent non Police man got it first and others witnessed this find–it would have disappeared like the blue rag ..Noticed that Poor Michael Chamberlain died recently without Even an Appology from the NT Government–Not in their DNA ?for the slimy behaviour of their Police Justice System . Destroyed his family ! Took over30 years for the little dears to admit the truth about the Dingo–something others with a brain knew right from the start ! This expert evidence was brushed aside and replaced with Forensic Dogs Vomit readily accepted at Appeals by the Fountains of Wisdom .As a matter of interest I was bitten by a dingo in 1944. on Fraser Island . The Queensland Police were kept off Fraser Island during much of ww2 since it was a Secret Army Training Base and they were regarded as not sufficiently trustworthy. Unless a fearless government comes to power in Tasmania or Vass does a “Rat in the Ranks” like Mendelssohn MILLER. Then Sue hasn’t got a chance against the system of NastyLittle Persons ! 30 years for an admission– never an Appology.

  2. Father Ted Whalensky says:

    Andrew / Hope these 4 comments are relevant– 1. An appeals Court Judge rejects an appeal on the grounds that HE/SHE won’t overturn a juries verdict–No matter have obviously unjust or plain corruptly stupidly wrong–2 Police develop a sort of tunnel vision– some how infering in the end they are basically Good People–even when they conceal- fabricate- “manufacture” confessions thus allowing or causing Life In Prison or in the past– hanging by the neck–( murder by the State)–3-JUDGES who read from the same SCREENPLAY are also good upstanding Citizens and not mealy-mouthed nasty little persons ? ARE THESE COMMENTS RELEVENT ? They apply to every single case in Australia of Wrongful Conviction or aquittals . And -4–Professional Jury Persons who achieve the desired Verdict for their masters . AM I NOT A GRUMPY OLD PERSON WITH GOOD REASON ? Don’t think this is Catharsis– Just questioning HOW it is that THE VOMIT FLOATS TO THE TOP ?

    • Father Ted Whalensky says:

      If the totally ignoring of expert evidence as in many other cases is a guide– then the FOUNTAINS OF WISDOM will do it again with Kathleen–IT’S to do with power and satisfaction ? Reminds one of Eric Cartman–“you will respect my authority”! There is no point having power– unless one abuses that power .

  3. Brian Johnston says:

    I do not know the case though I have doubts about Farquharson’s innocence.
    He said one of the boys opened the car door, which I believe is very difficult under water.
    Oddly he was able to save himself and not even one of the boys.
    He said to someone he was thinking of killing the sons.
    A witness said he was looking for the dam.
    Read
    Robert Farquharson MURDER IN THE DAM – Phil Cleary

    • Peter Gill says:

      Brian – you really need to read Chris Brook’s book Road To Damnation, which is not a one-sided look at the case. The book meticulously examines what the facts of the case really are, and examines why the media may have misreported by presenting false thoughts such as those ideas in your comment. Even if you’re not interested in this particular case, the book is fascinating for its general material about why wrongful convictions occur. I’m happy to snail mail you my copy of Road To Damnation if you provide your postal address to Andrew Urban.

    • andrew says:

      “I do not know the case though I have doubts about Farquharson’s innocence.” That remark sums up the problem with much of the public’s commentary on miscarriages of justice. Ignorance of the evidence is deemed perfectly acceptable basis on which to propel opinion into the public square.

      • Brian Johnston says:

        Andrew. I did say I was not familiar with the case though there are cases where sometimes people are guilty. I have read a lot on murder cases.
        Lindy. innocent
        Murdoch. Innocent
        Milat. Innocent
        Bryant. Innocent. I know plenty about this case.
        The last three you do not touch.
        Keogh I believe to be guilty. He either did it himself or hired someone.

        I shall obtain Chris Brook’s book.

  4. Owen allen says:

    Re Robert Farquharson, I was sceptical, but I have had a seriously bad head cold a few weeks ago, like last year, which wasn’t covid. A person said this year headcolds were bad and they were an undetectibale strain of covid. Cold, flu, covid they are all viruses that make you crook. Covid will kill me, because hayfever and heavy colds and flu go to my lungs.
    I have had coughing fits driving and been frightened because I I have had a wave of oxygen depletion go through my brain and nearly blacked out. Fact, no bullshit and it is scary, cough lozenges are the best preventable whilst driving.
    Owen.

  5. Owen allen says:

    Unfortunately this seems to be an Australian Culture, heritage of convict settlement where there was us and them; there is still, us and them, but only the lords and serfs are aware and care. The mainstream middle class do not want to know, look the other way, until it affects them. Normal behaviour; we need a national strategy, a movement for justice, a brotherhood(sisterhood), we need to create their worst nightmare of rebellion in democratic fashion, but I do not mean gluing ones head to a master painting or halting traffic on Sydney Harbour Bridge.
    Yes, I have a plan, lets go outside,( famous script from Peter Fonda, movie Easy Rider). ….when security is paramount conversation outside no mobile phones on or off, postal mail service, pony express or smoke signals are the safest forms of communication. Off shore meetings behind the break line with fishing rods for associates, highway rides fuel stops, we can out smart those that want to dominate with corruption, I have a plan; as an American fighter pilot said on interview after the event; in for a penny, in for a pound, and he singularly faced attack in a jet fighter against 7 jet fighters and survived. Winners Never Quit, Quitters Never Win. Ciao Owen.

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