Hunter woman Kathleen Folbigg has received a pardon and been released from prison after spending 20 years behind bars for killing her four children.
The decision follows a long campaign which culminated in a recent inquiry where reasonable doubt as to Ms Folbigg’s guilt was found, based on new scientific evidence.
Summary findings prepared by former Chief Justice Tom Bathurst, who has been leading that inquiry were provided to NSW Attorney General Michael Daley.
Mr Daley then sought legal advice over the weekend, before recommending a pardon this morning to the NSW Governor Margaret Beazley, which was accepted.
Mr Daley said Ms Folbigg was notified last night and that he also spoke to the father of the four children, Craig Folbigg, to inform him of the decision.
“I am thinking of him today as well, it will be a tough day for him,” Mr Daley said.
In a memorandum outlining his findings, Mr Bathurst stated he had reached “a firm view that there was reasonable doubt as to the guilt of Ms Folbigg for each of the offences for which she was originally tried.”
He noted in relation to Ms Folbigg’s diary entries, which were a key part of the original trial, that “evidence suggests they were the writings of a grieving and possibly depressed mother, blaming herself for the death of each child, as distinct from admissions that she murdered or otherwise harmed them”
NSW Attorney General Michael Daley said today’s result was confirmation that the state’s judicial system was capable of delivering justice.
“Where circumstances arise like these ones justice can ultimately be done even if it takes a long time,” Mr Daley said.
“It has been a terrible ordeal for everyone concerned and I hope our actions today put some closure on this 20 year old matter.”
While the convictions for which Kathleen Folbigg has served two decades in prison currently stand, it is still possible they will be overturned in due course.
“One of the options that would be open to [Mr Bathurst] if he thought fit, would be to refer to the Court of Criminal Appeal the question of whether her convictions should be quashed.”
Due to the volume of submissions and evidence, it will take some time for the formal report to be finalised, but Mr Daley indicated it would likely only be a matter of weeks, as opposed to months.