Pursuant to section 77(1)(a) of the Crimes (Appeal and Review) Act 2001 (NSW), her Excellency, the Governor of New South Wales, has directed that an inquiry be held into the conviction of Kathleen Megan Folbigg on 21 May 2003 of offences involving the deaths of her four children, and malicious infliction of grievous bodily harm upon one of the children, between 20 February 1989 and 1 March 1999.
The Honourable Thomas Frederick Bathurst AC KC has been appointed to conduct the Inquiry, with the powers and authorities conferred on a commissioner by Division 2 of Part 2 of the Royal Commissions Act 1923 (NSW) (except for section 17).
A copy of the Governor’s direction dated 18 May 2022 (PDF , 72.4 KB) in relation to the Inquiry is now available.
Hearings
The first hearing block in the Inquiry commenced on 14 November 2022. Evidence was adduced from cardiac and genetic experts.
On 14 November 2022, the following Orders (PDF, 102.9 KB) were made. On 15 November 2022, the hearing was adjourned until 13 February 2023.
The second hearing block in the Inquiry commenced on 13 February 2023. The remainder of the cardiac and genetic evidence was adduced at this hearing block, as well as evidence from forensic pathologists, a paediatric intensivist and a neurologist. Further, psychology, psychiatry and other evidence relevant to Ms Folbigg's diaries was also adduced at the second hearing block.
The oral closing submissions in the Inquiry were delivered on 26 and 27 April 2023.
Further information about the hearing can be found on the Hearings page.
We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present, and future.
Informed by lessons of the past, Department of Communities and Justice is improving how we work with Aboriginal people and communities. We listen and learn from the knowledge, strength and resilience of Stolen Generations Survivors, Aboriginal Elders and Aboriginal communities.
You can access our apology to the Stolen Generations.