Independent body needed to stop Folbigg repeat: lawyers

Phoebe Loomes | June 6, 2023

Kathleen Folbigg’s pardon after two decades behind bars has prompted calls for the establishment of a new body to investigate claims of wrongful conviction. 

The 55-year-old spent 20 years in prison over the deaths of her four children before receiving an unconditional pardon, leading to her release on Monday.

NSW Attorney-General Michael Daley had received an interim report from an inquiry into Folbigg’s convictions, which heard new scientific evidence cast reasonable doubt over her guilt.

Greg Barns from The Australian Lawyers Alliance said an independent body to investigate claims of wrongful convictions could provide a safeguard against miscarriages of justice and prevent a repeat of what happened to Folbigg.

“Once someone is convicted, our current system of criminal appeals makes it very difficult for a person to challenge their conviction, even when new evidence comes to light,” he said.

“We understand that Mr Daley has said that he is open to considering legal changes that are required to avoid a situation like Folbigg’s in the future. 

“An independent criminal case-review body would be an effective way to help prevent this terrible situation occurring again.”

Similar bodies already operate in New Zealand and the UK, where systems allow for expert review before cases are referred back to an appeals court. 

Commissions were also able to work at their own pace and access fresh expert advice, Mr Barns said.

The call was backed by the vice president of the Queensland Council for Civil Liberties, Terry O’Gorman, who said the current system in Australia for remedying miscarriages of justice depended on politicians agreeing to set up a special inquiry.

That meant there was less likely to be an intervention in controversial cases.

Mr O’Gorman suggested a national body be set up with funding from state and territory governments.

With taxpayer funds already spent on securing convictions, there should be some expectation of funding being provided to address wrongful findings, he said.