AAFS (Victorian branch) Symposium: Science and medicine in the courts—Learning from the wrongful conviction of Kathleen Folbigg

Cunliffe, E. and Vinuesa, C.G. and Rego, R. and San Roque, M. and Edmond, G. and Gans, J. and Sato, Mai and Burridge, K. and Cordner, S. (2024) AAFS (Victorian branch) Symposium: Science and medicine in the courts—Learning from the wrongful conviction of Kathleen Folbigg. Australian Journal of Forensic Sciences , pp. 1-22. ISSN 0045-0618.

Abstract

Kathleen Folbigg spent 20 years in jail, wrongly convicted for smothering her four infant children. An unprecedented second judicial Inquiry found they died naturally. New genetic and psychiatric evidence unlocked the wrongful conviction, but it was always questionable. A Symposium held by the AAFS (Victorian Branch) detailed the timeline of the numerous events, then identified and discussed the issues. What were the failings and why were they missed? What part did expert witnesses, judges and lawyers play in this wrongful conviction? Did the prosecution appeal to misogyny? How did the first Inquiry get it so wrong? How did it fail to correctly understand the genetics? Was Ms Folbigg treated disrespectfully, and if so, what did that mean about fact finding? How did the failures of disclosure affect the original conviction and its various appeals? What explains the NSW Court of Appeal’s decision to reject an appeal based on jury misbehaviour during Ms Folbigg’s trial? Should we be more careful about the language we use in criminal trials? There was general agreement that the frailties of Kathleen Folbigg’s convictions were readily visible from the beginning. Will the criminal justice system learn the lessons that emerge from this case?

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