by Kirsty Hatcher
Australian Kathleen Folbigg was found guilty in 2003 of smothering her children — Caleb, Patrick, Sarah and Laura — each before their second birthday
An Australian mom who was convicted of killing her four babies has been pardoned after 20 years in jail.
Speaking in a news conference Monday, New South Wales Attorney General Michael Daley said Kathleen Folbigg had been granted an “unconditional pardon” and would be released from jail “without delay” based on the preliminary findings of a review into her conviction that had found “reasonable doubt” as to her guilt for all four deaths.
“There is a reasonable doubt as to Ms. Folbigg’s guilt of the manslaughter of her child Caleb, the infliction of grievous bodily harm on her child Patrick and the murder of her children Patrick, Sarah and Laura,” Daley said in the news conference.
“I have reached a view that there is reasonable doubt as to the guilt of Ms. Folbigg of those offenses,” Daley added.
Folbigg was pardoned based on new scientific evidence that her four children died by natural causes, per ABC News.
The review was conducted by the former Chief Justice of the Supreme Court of New South Wales, Thomas Bathurst.
Folbigg, now 55, was found guilty in 2003 of smothering her children — Caleb, Patrick, Sarah and Laura — each before their second birthday. She reportedly found them, one after another, lifeless in their cribs.
She was sentenced to 40 years in prison for murder and manslaughter with a non-parole period of 30 years. That was reduced to 25 years after an appeal.
The four children died separately between 1989 and 1999. They were aged between 19 days and 19 months old.
“This has been a terrible ordeal for everyone concerned and I hope that our actions today can put some closure on this 20-year-old matter,” said Daley.
He added that Craig Folbigg, who is the babies’ father, had also been informed about the decision. “I am thinking of him today as well. It will be a tough day for him,” he said.
The four children died separately between 1989 and 1999. They were aged between 19 days and 19 months old.
“This has been a terrible ordeal for everyone concerned and I hope that our actions today can put some closure on this 20-year-old matter,” said Daley.
He added that Craig Folbigg, who is the babies’ father, had also been informed about the decision. “I am thinking of him today as well. It will be a tough day for him,” he said.
Daley confirmed that Clarence Correctional Centre, where Folbigg was serving her sentence, had been instructed to “look after her” following the decision.
“I think we all have to put ourselves in Ms. Folbigg’s shoes and let her now have the space that she needs to get on with her life and not to harass her or pursue her in any way,” he said. “This has been a 20-year long ordeal for her and if she’s not out already she will be soon and wish her well for the rest of her life.”
Folbigg was subsequently released from the Clarence Correctional Centre shortly after 11 a.m. local time, per The Guardian.
During the news conference, Daley also confirmed that Folbigg’s convictions had not been quashed. “The only body that can do that is the Court of Criminal Appeal,” he said. “The effect of a pardon is that she will not have to serve the rest of her sentence.”
In 2021, a group of 90 scientists submitted a petition to pardon Folbigg for what they call “a miscarriage of justice.”
“There is no medical evidence” to support the prosecution’s case that Folbigg smothered each of the children, the scientists argued. Instead, the group said they believe that the babies may have died of genetic causes.
In 2018, geneticists found that both Sarah and Laura had a genetic mutation in the CALM2 gene, which can cause sudden death in infants and children, according to the petition.
Scientists are still working to determine if there are strong genetic links to the boys’ deaths, pediatric geneticist Jozef Gecz told the Associated Press at the time.
An autopsy performed at the time of death showed that Patrick, who died at 8 months, suffered from epilepsy. His death was attributed to airway obstruction due to a seizure and an infection, AP reported.
Caleb’s death at just 19 days old was reported as sudden infant death syndrome.
In the petition, the scientists argued that Folbigg’s conviction is based in part on the discredited theory coined “Meadow’s Law,” which assumes that the likelihood of more than two children from one family dying of genetic causes is so unlikely that there must be foul play involved.
However, Gecz — who works with children suffering rare and fatal disabilities and was one of the 90 experts to sign the petition — explained that this is no longer a scientifically supported theory.
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