Focus of baby killer Kathleen Folbigg’s new inquiry revealed

The latest inquiry into jailed baby killer Kathleen Folbigg’s convictions will take place in two separate blocks.

One will examine new genetic evidence, while the other will focus on psychiatric evidence and diaries written by her after the children’s deaths.

Folbigg, 55, was handed three murder convictions and one for manslaughter in 2013 after her babies Patrick, Sarah, Laura and Caleb died in suspicious circumstances.

She has consistently denied wrongdoing and is serving a 30-year prison term with a 25-year non-parole period but has six years remaining on the sentence.

Despite multiple appeals, Folbigg has failed to clear her name and a public inquiry in 2019 reinforced her guilt.

In 2021, the emergence of new expert medical evidence, which appeared to show Sarah and Laura Folbigg carried a genetic mutation that could cause sudden death and cardiac problems, led to renewed calls for another probe into the case.

NSW Attorney-General Mark Speakman in May rejected a bid from Folbigg’s legal representatives and medical experts to have her pardoned in light of the new evidence.

Instead, he agreed to a second inquiry and said the new evidence reached “the necessary threshold for some kind of intervention” in the Folbigg case.

Retired NSW Supreme Court chief justice Tom Bathurst QC was appointed to oversee the inquiry, which held a third directions hearing in Sydney on Tuesday.

Mr Bathurst told the court the inquiry was raised on a question from evidence that a genetic variant identified in two of Folbigg’s children could have caused sudden, unexpected death.

However, he said it should not be the inquiry’s sole focus.

“My overall task is to consider evidence of the trial in order to determine whether overall there was reasonable doubt to Ms Folbigg’s guilt,” Mr Bathurst said.

“This inquiry will include psychiatric evidence.”

Mr Bathurst said he would examine whether “one or more” of the deaths were a result of natural causes.

He told the court he would also consider psychiatric evidence of what appeared in Folbigg’s diaries following her children’s deaths.

The court was told Folbigg had also raised a complaint in relation to the prosecution’s conduct during her trial.

Mr Bathurst said the complaint “seems to be the officer in charge targeted Ms Folbigg”.

Counsel assisting the inquiry Sophie Callan SC said further medical cardiac arrhythmias testing may be required from Folbigg if experts deemed it necessary.

The court was told new experts would be involved in the inquiry, on top of the expert evidence explored at the 2019 inquiry.

Folbigg will likely not give evidence at the hearing, with her counsel relying on her previous testimony.

Ms Callan told the court the parties had agreed to having the inquiry dealt with in two different blocks – one held in November examining medical evidence and the second in February 2023 to examine psychiatric evidence.

“It is in everybody’s interest, consistent with providing an appropriate hearing, that this matter be determined as quickly as possible,” Mr Bathurst said.

“It’s obviously in Ms Folbigg’s interest.

“I do think it’s very important the matter be determined as quickly as possible.”

The inquiry is expected to go ahead in November.