- by cnn
- 05 Dec 2023
But Rego says there were a number of issues with how the diary evidence was treated.
Folbigg, having exhausted all existing avenues of appeal, in 2021 filed a petition for mercy to the NSW governor. Last year, a second judicial inquiry was announced, in light of the new scientific evidence. Conducted by Thomas Bathurst KC, the inquiry began in Sydney last November, and heard oral closing submissions last week.
The latest inquiry heard extensive scientific evidence on the CALM2 gene variant, including an explanation for why Folbigg had survived into adulthood with this gene variant, while her two daughters had not.
The modifier gene, REM2 G96A, was present in all four children, and was hypothesised to increase the likelihood of lethal arrhythmia in Sarah and Laura.
The inquiry also heard psychological and psychiatric expert interpretations, which concluded that they were the expressions of a grieving mother and did not contain clear admissions of criminal guilt.
Bathurst is to finalise his report on the inquiry in the coming weeks, which he will then provide to the NSW governor, Margaret Beazley KC.
Another option is that the case could be referred by the judicial officer to the court of criminal appeal, where the conviction itself could be considered and possibly quashed.
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