Upper House Greens MP Sue Higginson is demanding that Hunter mum Kathleen Folbigg be released from prison immediately.
She moved to debate a notice of motion yesterday calling for the NSW Attorney-General Michael Daley to put his signature on the paperwork needed to free the now 55-year-old who has spent 20 of her 25-year sentence in gaol after being convicted of killing her four children, Sarah, Caleb, Laura and Patrick in the Hunter between 1989 and 1999.
The most recent inquiry into Ms Folbigg’s convictions was ordered by the former NSW Attorney General Mark Speakman in May last year after more than 100 scientists called for Ms Folbigg to be pardoned due to the discovery of rare genetic mutations present in Ms Folbigg and her two daughters that the scientists believed proved that the children did not die at the hands of their mother.
At the conclusion of that inquiry the Department of Public Prosecutions said they believed there was reasonable doubt as to the guilt of Kathleen Folbigg.
If former Chief Justice Tom Bathurst, who presided over the inquiry, agrees there is reasonable doubt to her guilt, the matter may be referred to the Court of Criminal Appeal which will consider a pardon or a retrial.
In the meantime, Ms Folbigg’s legal team has asked for the NSW Attorney General Michael Daley to recommend to the NSW Governor that Ms Folbigg be released immediately, that her parole be brought forward or she be pardoned.
“I am moving this motion because the Attorney General, as the first law officer of this State, has the power to free Kathleen Folbigg. It is important to understand the inquiry into Kathleen Folbigg’s conviction is a separate process than the one available to the Attorney General. The Attorney General’s power to do the right thing is not at all contingent on the written document that will come at the end of an inquiry,” Greens MP Sue Higginson told the House yesterday.
“The evidence heard at the recent inquiry supports, in no uncertain terms, the position that Kathleen Folbigg has always maintained—that she was wrongfully convicted in 2003. The Attorney General does not need to wait—and nor should he wait—for the written document from the inquiry. It could take the inquiry days, weeks or months to publish the final document. That is how that part of the system works. Written work cannot be rushed. It takes time. It can take weeks and months for all sorts of legitimate reasons.
“There is reasonable doubt as to her guilt and her conviction. We are waiting for one more man to put pen to paper to say the very things that have already been said. The Attorney General’s power does not rest on that. Please support the motion unamended.”
NSW Treasurer Daniel Mookhey represented Michael Daley yesterday and said “we need to carefully and thoroughly consider the evidence and findings. Once received, the Attorney General and the Government will consider them promptly.”
The motion was not supported unamended. The amendment made was that the NSW Attorney-General instead of acting “immediately”, would act “as soon as practicable” as well as other minor changes.