Kathleen Folbigg

Caleb Gibson Folbigg, born on 1 February 1989, was known to breathe noisily and was diagnosed by a paediatrician to be suffering from a mild case of laryngomalacia, something he would eventually outgrow; he was otherwise born healthy. On 20 February, Folbigg put Caleb to sleep in a room adjoining the bedroom she shared with her husband.[4] During the night, Caleb stirred from midnight until 2 a.m. Found by Folbigg, the death was attributed to cot death.

Patrick Allen Folbigg was born on 3 June 1990. Craig remained at home to help care for his wife and baby for three months after the birth. On 18 October, Folbigg put Patrick to bed. Craig was awakened by the sounds of his wife screaming and found her standing at the baby's cot. He noticed the child wasn't breathing and attempted to revive him by cardiopulmonary resuscitation. An ambulance was called and Patrick was taken to hospital. He would later be diagnosed to be suffering from epilepsy and cortical blindness.[4] On 18 February 1991, Folbigg telephoned her husband at work to report Patrick's death, saying "It's happened again!"[3]

Following their second loss, the couple moved to Thornton, New South Wales, a suburb of Maitland.[5] Sarah Kathleen Folbigg was born on 14 October 1992, and died on 29 August 1993.[3]

In 1996, the couple moved to Singleton. On 7 August 1997, Laura Elizabeth Folbigg was born. On 27 February 1999, Laura died.[3]

Folbigg's trial lasted seven weeks. The prosecution alleged Folbigg murdered her four children by smothering them during periods of frustration. During a jury replay of Folbigg's police interview, she attempted to run from the courtroom.[6]

The defense made the case that Folbigg did not kill or harm her children and that she did not think that Craig was responsible either. Although prosecution witnesses were concerned about the lack of prodromal (early-warning) symptoms in any of the children, the defence posed natural explanations for the events such as cot death and, in the case of Laura's death, myocarditis. The defence highlighted that Folbigg was a caring mother, pointing to journal entries that showed the care and concern that she gave her children. Some of her acquaintances gave statements to investigators about her caring nature.

The defense pointed out that there were no direct admissions to the killings in Folbigg's journal entries, and that any entries indirectly suggesting her responsibility could be chalked up to a typical grieving mother's guilt. Folbigg appeared genuinely distraught to ambulance and police responders to the scene. They pointed out that no physical evidence could link Folbigg to murder; it was an entirely circumstantial case with very little consensus among the scientific experts who testified at trial.

On 21 May 2003, Folbigg was found guilty by the Supreme Court of New South Wales jury of the following crimes: three counts of murder, one count of manslaughter and one count of maliciously inflicting grievous bodily harm. On 24 October 2003, Folbigg was sentenced to forty years' imprisonment with a non-parole period of thirty years.[3]

On 17 February 2005, the court reduced her sentence to thirty years' imprisonment with a non-parole period of twenty-five years on appeal. Due to the nature of her crimes, Folbigg resides in protective custody to prevent possible violence by other inmates.

On 22 August 2018, New South Wales Attorney-General Mark Speakman announced there would be an inquiry into the convictions, to "ensure public confidence in the administration of justice".[7] It was in response to a petition presented by her supporters. "The petition appears to raise a doubt or question concerning the evidence as to the incidence of reported deaths of three or more infants in the same family attributed to unidentified natural causes in the proceedings leading to Ms Folbigg's convictions," he said.[8]

However, in the 500-page report, released in July 2019, a former chief judge of the District Court found he did not have "any reasonable doubt as to the guilt of Kathleen Megan Folbigg for the offences of which she was convicted".[9][10] Folbigg's legal team promptly requested a further judicial review of her case citing "bias" during the inquiry.[11] However, Justice Reginald Blanch found the inquiry reinforced her guilt.

Despite being warned by the judge she couldn't rerun the inquiry that reiterated her guilt, in August 2020, Folbigg's legal team launched legal action against Justice Blanch and NSW Attorney-General Mark Speakman in a yet another bid to prove Folbigg's innocence. The matter is next in court on 28 August 2020.[12]