Hunter mum Kathleen Folbigg has spent her first night of freedom in a real bed on a rural property near Grafton, after two decades in a gaol cell.
The 55-year-old served 20 years of the 25-year sentence she was handed in 2003 over the deaths of her four children. She was accused of killing Caleb when he was 19 days old and Patrick when he was eight months old when the family lived at Mayfield, and for killing Sarah and Laura who were 10 and 19 months old when they died in Thornton and Singleton.
The most recent inquiry into Ms Folbigg’s convictions was ordered by the former NSW Attorney General Mark Speakman in May last year after more than 100 scientists called for Ms Folbigg to be pardoned due to the discovery of rare genetic mutations present in Ms Folbigg and her two daughters that the scientists believed proved that the children did not die at the hands of their mother.
At the conclusion of that inquiry the Department of Public Prosecutions said they believed there was reasonable doubt as to the guilt of Ms Folbigg.
The former Chief Justice Tom Bathurst, who presided over the inquiry, spoke to the NSW Attorney General Michael Daley at the end of last week to tell him that while he had not finished the report, he had concluded there was reasonable doubt as to the guilt of Ms Folbigg.
Yesterday Ms Folbigg was pardoned, released from Grafton gaol just after 11am and driven to her best friend Tracy Chapman’s property on the Mid North Coast.
“I can’t actually say more than it was a surreal day.
“It’s been a very hard long slog,” Tracy said.
“We just enjoyed each other’s company. She spent a lot of time with my dogs and getting to know my animals.
“Garlic bread and pizza for dinner, I feel pretty shamed for that, but that’s what you get. We had a bit of a flashback to 20 years, she asked for a Kahlua and Coke!
“She slept for a first time in a real bed, had a cup of tea in a real crockery cup, real spoons to stir with. That sounds basic to you all, but she’s grateful. Decent tea, real milk.
“She said it was the first time she’s been able to sleep properly in 20 years. Even though it was brief last night, because we were all on adrenaline. She was able to turn over in her bed and not wake herself up. So, I don’t know if that’s – for anyone that slept in a really uncomfortable bed, think about what it’s like for 20 years for her.
Tracy said that despite everything Ms Folbigg has been through for more than two decades, she’s just grateful to be free.
“There’s no hate in Kath’s heart, she just wants to live a life that she’s missed for the past 20 years and move on.”
Rhanee Rego is Ms Foolbigg’s lawyer, based in Newcastle.
She addressed the media with Tracy Chapman this morning in Grafton and said in terms of what happens next, the first thing they are focused on is getting Ms Folbigg’s convictions quashed which can only be done by the Court of Criminal Appeal.
“We as her legal team will stand strong with her to make sure her name is cleared and right is done by her.
“It’s a bit too early to be talking about anything else other than we will have the convictions quashed in the Court of Criminal Appeal but we still have to wait for Mr Bathurst’s report.”
Ms Rego said Tom Bathurst can refer the matter and they hope that he will, and when it comes to any kind of compensation that is something that will be dealt with down the track.
“It’s too early right now, Kathleen is still having a cup of tea acquainting herself to normal life.
“She is very much trying to focus on taking one step in front of the other and not rushing things because she has just been waiting to feel the grass on her feet, look at the sky and watch a sunrise for the first time in 20 years so we won’t be rushing her or pushing her to do anything until she is ready.
“Ms Folbigg is grateful, she has no hatred, she is grateful that she is released and we ask everyone to give her some privacy.
“She not only lost one child; she lost four. She’s been in gaol for 20 years, the system has failed her at every step and instead of trying of understand why her children died potentially through an inquest which was said should’ve happened all the way back in 2001, we threw her in gaol, locked her up, called her Australia’s worst female serial killer and put her in solitary. How would any of you feel to have that happen to you? It’s unimaginable and none of us can put ourselves in Kathleen’s shoes.
“Kathleen is an example of a broader problem in the system and if Australia really wants to make some good from a tragic story, they will seriously consider reviewing their system of post-conviction review. The same system that took too long to get to today.”