Reasonable doubt … but Folbigg still has to wait in jail

NSW Attorney-General Michael Daley has resisted calls from MPs to free Kathleen, 55,  immediately from prison after the state’s top prosecutor conceded new evidence had created reasonable doubt about her convictions over the deaths of her children,  according to a report in the Sydney Morning Herald. She has served 20 years of a minimum 25-year prison sentence. 

The NSW Director of Public Prosecutions, Sally Dowling, SC, and a team of counsel assisting the inquiry into Folbigg’s convictions agreed last month it was open to the head of the inquiry, former NSW chief justice Tom Bathurst, KC, to find there is reasonable doubt about her convictions.

Daley has the power, independent of the inquiry, to recommend that the governor grant Folbigg either a pardon, paving the way for her unconditional release from prison, or conditional release on parole pending the inquiry’s final report.

Upper house Greens MP Sue Higginson, a public interest lawyer and experienced litigator, told parliament on Wednesday, May 31, 2023, that a landmark inquiry into Folbigg’s convictions over the deaths of her four young children had heard a “mountain of evidence”, not presented at her 2003 trial, that her children might have died of natural causes.

But NSW Treasurer Daniel Mookhey, representing Daley and the Minns government in the upper house, said it would not be prudent for Daley to make a decision before the inquiry’s findings and there were “significant evidentiary complexities” in the case.

“The government, however, acknowledges that there is urgency,” Mookhey said.

The inquiry has concluded hearings and Bathurst is working on his final report to the governor.

This decision by the NSW Attorney-General is in line with Australia’s shameful track record.

“There will always be wrongful convictions, writes our reader Peter Gill in a comment on our pages. “The important thing is to accept that errors happen, and to try to rectify the wrongful convictions. This is where Australia has big problems. To give an example, USA since 1989 has had 3,323 exonerations of wrongfully convicted people, ref It’s not a direct comparison, but I’m fairly sure that NSW this century has had no wrongfully convicted person freed from jail by exoneration from a major crime after losing their trial and first appeal. Zero – not directly comparably to 3,323, I admit. If the motion in NSW Parliament today had succeeded, Kathleen Folbigg would have become the first such exonerated person in NSW in the last 25 years, but – surprise, surprise – it failed. The brick wall that prevents the rectification of wrongfully convicted people in NSW will have to wait until another day before it opens.”




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8 Responses to Reasonable doubt … but Folbigg still has to wait in jail

  1. Father Ted Whalensky says:

    A National,Criminal Case Review Commission ? Will these Politically Selected Judges be of the same ilk as the Illustrious All Powerful Legal-Mercedes driving (with parking spot) Members of the National and State Appeals Courts who in displays of halfwitted Barstardary in appeal after appeal keep obviously innocent citizens SNF etc. in Private Profit Motivated Prisons – A National Forensics Review Commission is desperately required – Blue Cloth Boots and London Drowning Dingo Bite Wizards – South Australia has a recommendation – size 5 shoes – hang him anyway ! A bunch of Builders Labourers would more likely deliver JUSTICE and not a crock of Legalistic mumbo-jumbo Oxford Cambridge git talk .

    • Owen allen says:

      Nobody has selected Judges to be part of the National Criminal Case Review Commission. Research Canada, Britain, NZ and come back with what you find; how do they do it? And the USA is succeeding in over turning wrongfull convictions. Who is presiding over there Whalensky, please?

      • Father Ted Whalensky says:

        A quick look – found 1 ex judge and 2 ex magistrates – only looked at 3 members of the British CCRC. So far – best to read comments on the British CCRC from other than they THEMSELVES – Good idea ? The latest news is that the Politicians are strangling the outfit – inadequate staff and other clever funding tricks – My suggestion is – restart transportation to the Colonies – Private Contractors ( like the second fleet) – Tasmania seems nice – Port Arthur ? That will kill of most of the blighters from Blighty . Chuck em overboard-off the African West Coast – Great Whites ? Who needs a CCRC. ?

  2. Owen allen says:

    Here is a new rap song, by owen allen.
    He was probably a decent bloke, that got busted by woke.
    In war, the toughest survive and kill to Protect.
    Those, with no guts or will, to protect themselves and others in war.
    God Bless the ADF and VC Recipient Roberts-Smith. War,,,,is War….
    and National and State Corruption is War Against Civilians.
    Us, You and Me, We Need Warriors;
    Ben can ride with me anytime, I have spare motorcycles.
    We Never Forget Vets.

  3. Owen allen says:

    Some say; When Injustice Becomes Law,
    ; Resistance Becomes Duty.
    ie, members of clubs, guilty of association; as per a new law of criminal organisations, eg MC, motorcycle clubs.
    Corrupt Police Force, a criminal organisation.
    I say this in absolute truth with no fear or favour and have evidence to prove my experience, up to the point of meeting with a prominent state leader, of opposition, who told myself and my wife, Tasmania Police are too corrupt to do anything about. Now I have been spruiking this for several years hoping someone will want to pick up on this, such as an investigative journalist. The local media at the time wanted no part of a whistle blower in Tasmania in the 1990’s unless it was Green. We are witnessing the destruction of an Australian man, in the International Scenario,rightly or wrongly, brought about by Investigative Journalists bringing out truth. Where are Investigative Journalists bringing out Truth within domestic Australia, speaking out against Corruption in The Ranks and Management; eg, Tasmania Police. (Murder is involved, but not in my case.)

  4. Countess Antonia Maria Violetta Scrivanich says:

    More and more we find injustice and corruption in Australia ruining lives and assisting the Rich to avoid paying any taxation with the assistance of Price Waterhouse Cooper and other big Consultancy firms. What is going to happen to PWC ? I bet NOTHING ! They will continue making billions from their consultancy work for the Australian Government and continue to make donations to both the Labor and Liberal Parties ! I call it CORRUPTION ! .Big Overseas corporations (eg Shell and BP ) rape our resources , but, as Both the Dutch and British Royal families have enormous investment in Shell and BP , the Australian government declines to tax them in the same way as other countries tax foreign resource entities . We change governments but nothing changes because the law is not about justice any more but subject to a bunch of legalistic rules and hurdles deliberately designed to prevent justice . Karen Folbigg is an unfortunate victim of a corrupt system which refuses to hear all the evidence .

  5. Owen allen says:

    Keep the Faith, easy to say, I know. My depression is slow healing, knowing about and witnessing the injustices in Australia. Injustice in Australia is non discriminatory, they just want to stitch somebody up and Australia is lagging behind worlds best practice of investigating wrongful conviction by establishing a National Criminal Case Review Commission. Bring it on Prime Minister.

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