Kathleen Folbigg’s convictions referred to appeals court after inquiry report finalised

Kathleen Folbigg — who spent two decades in prison before being pardoned for killing her four children — has had her case referred to the Court of Criminal Appeal after the final report into her convictions was handed down.

Folbigg, 55, was released from prison in May, more than 20 years after being jailed over the deaths of her children Sarah, Caleb, Laura and Patrick between 1989 and 1999.

WATCH THE VIDEO ABOVE: Kathleen Folbigg speaks following her pardon.

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In May, following the conclusion of a second inquiry into her murder and manslaughter convictions which found there was “reasonable doubt” as to her guilt, Folbigg was pardoned.

Folbigg spoke about the 20-year ordeal for the first time in an exclusive interview with Seven’s Spotlight.

She has always maintained her innocence, saying her children died from natural causes.

The report of the inquiry, headed by Chief Justice Thomas Bathurst was released on Wednesday.

In it, Bathurst found there was as an “identifiable cause” for three of the Folbigg children’s deaths and Folbigg’s relationship with her children did not support the case that she killed them.

The former NSW chief justice added Folbigg’s diary entries — controversially used during her trial to help secure her conviction — did not contain reliable admissions of guilt.

Kathleen Folbigg was jailed in 2003. Credit: AAP
Kathleen Folbigg was released from prison in May. Credit: AAP

“Notwithstanding that Ms Folbigg has been pardoned, I will … furnish my report to the Governor,” Bathurst said in the report.

“I will also, as requested by Ms Folbigg, refer the matter with a copy of the report to the Court of Criminal Appeal … for consideration of the question of whether the convictions should be quashed.”

Folbigg’s lawyer Rhanee Rego said the final report was another “significant positive milestone” on Folbigg’s journey to clear her name.

“Today, and every day, Kathleen’s thoughts are with her children,” Rego said.

“Mr Bathurst found in the report that Ms Folbigg was ‘a loving and caring mother’.

“This finding reinforces a personal truth that Kathleen has held in her heart for more than two decades.

“We welcome Mr Bathurst’s conclusion that he has reasonable doubt about Ms Folbigg’s convictions and his referral of the matter to the Court of Criminal Appeal,” she said.

“We look forward to standing with Ms Folbigg in the Court of Criminal Appeal in due course.”

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