20 years after she was found guilty of killing her four children, Kathleen Folbigg (55) has been granted an unconditional pardon and released from jail.
At a media conference today, NSW Attorney-General Michael Daley told of how he had received preliminary findings from an inquiry into the Folbigg case, during which the now retired chief justice Tom Bathurst concluded that he had reasonable doubt regarding Folbigg’s guilt.
Daley said that after receiving the findings, he sought legal advice over the weekend to carefully weigh up the available options.
“I consider that his reasons establish exceptional circumstances of the kind that weigh heavily in favour of the grant of a free pardon,” said Daley.
“And that in the interests of justice, [Kathleen Folbigg] should be released from custody as soon as possible.”
The pardon comes after new scientific evidence which “fundamentally” changed the understanding of the circumstances around the deaths of Folbigg’s children.
Sarah, Laura, Patrick and Caleb, were aged between 19 days and 19 months and died on separate occasions.
Folbigg was found guilty on three counts of murder and one of manslaughter in 2003, but she always maintained they had died of natural causes.
Scientists told the inquiry into her case that new evidence suggested a rare gene mutation may have caused the deaths of Laura and Sarah.
Daley had met with NSW Governor Margaret Beazley at 9:30am Monday to recommend she exercise Royal prerogative of mercy, and grant an unconditional pardon to Folbigg.
Daley said the Folbigg had been notified on Sunday night that she had been pardoned.
Upon her release, Folbigg was greeted at the prison gates by a childhood friend who she would be staying with.
One of her other friends, Helen Cummmings, noted the substantial obstacles Folbigg would face, adapting to a world that has changed significantly in the twenty years since she was imprisoned.
“She doesn’t know a lot about the modern world, computers, iPhones, traffic rules, new buildings,” Cummings said.
“I hope that our actions today put some closure on this 20-year-old matter,” said Daley.
“I am grateful as well and all citizens should be that the review provisions are available in NSW to ensure that where circumstances arise like these ones justice can be ultimately done even if it takes a long time.”
Kathleen Folbigg had served 20 years of her 25-year sentence.