In a major victory for both justice and science, Kathleen Folbigg has been acquitted of murder convictions after new genetic findings.

Kathleen Folbigg, who spent more than two decades in jail for the deaths of her four children, has been acquitted by the NSW Court of Criminal Appeal following a pardon and inquiry led by Hon Thomas Bathurst AC KC. 

This landmark decision is based on new genetic evidence and the possibility of identifiable natural causes of death.

Folbigg, now 56 years old, was granted an unconditional pardon and released in June after the inquiry raised reasonable doubt about her guilt due to new scientific discoveries. 

Speaking outside the court, Folbigg expressed her emotions, saying; “For almost a quarter of a century, I faced this belief and hostility. I hoped and prayed that one day I would be able to stand here with my name cleared”. 

The inquiry commissioner, Tom Bathurst KC, found that there was an “identifiable cause” for three of the deaths and that Folbigg's relationship with her children did not support the case that she killed them. 

The appeal judges also agreed with Bathurst's finding that Folbigg's diary entries, previously used to secure her convictions, did not contain reliable admissions of guilt.

Folbigg was initially convicted in 2003 and sentenced to a minimum 25-year term for the suffocation murders of three of her children and the manslaughter of a fourth. The children, Caleb, Patrick, Sarah, and Laura, died between 1989 and 1999.

New genetic evidence emerged during the inquiry, suggesting that a rare genetic variation and myocarditis might have been reasonable causes of some of the children's deaths.

The Australian Academy of Science acted as an independent scientific adviser to the inquiry. 

Experts identified the CALM2-G114R genetic variant in two of the children. 

In response to the pardon, Professor Carola Vinuesa from the Australian National University said; “Science has changed someone's life here”.
Prof Vinuesa led the team that identified the CALM2-G114R genetic variant in Sarah and Laura Folbigg. 

“I have received requests from parents around the world that have unfortunately experienced similar successive infant deaths,” she said.  

“Sequencing the entire genome is becoming cheaper and more accessible. I think it’s likely all newborns will be screened for calmodulin variants one day soon. 

“Genomic diagnosis brings understanding, closure and the hope of having healthy children by screening future embryos.”

While Folbigg's acquittal marks a significant development, questions about potential compensation and justice reform have also arisen. 

Associate Professor Xanthe Mallett from the University of Newcastle commented; “This case should rock the foundations of the criminal justice system in Australia”, and called for law reform and an independent criminal case review commission to prevent future miscarriages of justice.

The case highlights the evolving role of science in criminal justice and the need for thorough examination of new evidence in long-standing cases.