After spending more than two decades in jail over the deaths of her four children before being pardoned and freed, Kathleen Folbigg has now been acquitted.
The NSW Court of Criminal Appeal quashed her convictions this morning before applause filled the court.
The 56-year-old was granted an unconditional pardon and released from jail in June after an inquiry heard there was reasonable doubt about her guilt following new scientific discoveries.
In a final report released in November, inquiry commissioner Tom Bathurst KC found there was an "identifiable cause" for three of the deaths and Folbigg's relationship with her children did not support the case that she killed them.
"While the verdicts at trial were reasonably open on the evidence available, there is now reasonable doubt as to Ms Folbigg's guilt," NSW Chief Justice Andrew Bell said.
"It is appropriate Ms Folbigg's convictions … be quashed."
A substantial and significant new body of scientific evidence had become available since Folbigg's trial.
The judges agreed with Bathurst's finding that the mother's diary entries - controversially used to help secure her convictions - did not contain reliable admissions of guilt.
Folbigg consistently told police and a previous inquiry the entries reflected her feelings of failure as a mother after the deaths of three of her children.
"They took my words out of context and used them against me," Folbigg said on the court steps following her acquittal.
"I love my children and I always will."
Folbigg was grateful new scientific evidence had given her answers for the deaths but lamented a system that sought to blame her rather than accept children can die suddenly and unexpectedly.
Folbigg was convicted in 2003 and sentenced to 40 years, eventually appealed to a minimum 25 years, for the suffocation murders of three of her children and manslaughter of a fourth.
The children, Caleb, Patrick, Sarah and Laura, died between 1989 and 1999 at ages ranging from 19 days to 18 months.
A rare genetic variation was a "reasonably possible cause" of Sarah and Laura's deaths, according to cardiology and genetics experts.
Myocarditis, an inflammation of the heart, was another possible cause of Laura's death.
Patrick may have died from a neurogenetic disorder, which could have also hospitalised him before his death, experts told the inquiry.
Reasonable causes for their deaths undermined the tendency reasoning used to convict Folbigg of Caleb's manslaughter.
Folbigg's lawyers have previously indicated the possibility of seeking compensation from the state.
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2023-12-13 23:55:14Z
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