New South Wales state Director of Public Prosecutions Sally Dowling made a written submission to the inquiry saying that was doable.
Dowling wrote that “on the proof now out there, it’s open to the inquiry to conclude there may be affordable doubt as to Ms. Folbigg’s guilt.”
The lawyer appointed to help former Justice Tom Bathurst within the inquiry, Sophie Callan, mentioned she had additionally concluded that on the idea of the scientific and medical proof heard since November that Folbigg was not responsible past affordable doubt of three counts of homicide and considered one of manslaughter.
“On the entire of the physique of proof earlier than this inquiry, there’s a affordable doubt as to Ms. Folbigg’s guilt,” Callan mentioned.
The inquiry has been adjourned till Thursday. If Bathurst finds affordable doubt of Folbigg’s guilt, he might advocate that the state governor pardon her and will report back to the Court docket of Prison Appeals to contemplate quashing her convictions.
The earlier New South Wales authorities ordered Bathurst’s inquiry a yr in the past when it rejected Folbigg’s petition for a pardon.
That petition mentioned it was “primarily based on vital constructive proof of pure causes of dying” and signed by 90 scientists, medical practitioners and associated professionals.
Folbigg is serving a 30-year jail sentence which expires in 2033. She is going to turn into eligible for parole in 2028.
Her first youngster, Caleb, was born in 1989 and died 19 days later in what a jury decided to be the lesser crime of manslaughter. Her second youngster, Patrick, was 8 months outdated when he died in 1991. Two years later, Sarah died at 10 months. In 1999, Folbigg’s fourth youngster, Laura, died at 19 months.
Proof found in 2018 that each daughters carried a uncommon CALM2 genetic variant was one of many causes that the inquiry was known as.
Callan mentioned professional proof within the fields of cardiology and genetics indicated that the CALM2-G114R genetic variant “is a fairly doable trigger” of the daughters’ sudden deaths.
Myocarditis, an irritation of the center, was additionally a “moderately doable trigger” of Laura’s dying, Callan mentioned.
For Patrick, Callan mentioned there was “persuasive professional proof that as a matter of affordable chance, an underlying neurogenetic dysfunction” prompted his sudden dying.
The scientific proof created doubt that Folbigg killed the three kids and undermined the argument made in Caleb’s case that 4 youngster deaths have been an inconceivable coincidence, Callan mentioned.
Prosecutors had advised the jury at her trial that the similarities among the many deaths made coincidence an unlikely rationalization.
Folbigg was the one one at residence or awake when the younger kids died. She mentioned she found three of the deaths throughout journeys to the lavatory and one whereas checking on a toddler’s wellbeing.
Prosecutors additionally had advised the jury that Folbigg’s diaries contained admissions of guilt.
Her former husband, Craig Folbigg, mentioned in submissions to the inquiry that the implausibility that 4 kids in a single household would die of pure causes earlier than the age of two was compelling grounds to proceed treating the diary entries as admissions of his former spouse’s guilt.
However Callan mentioned psychologists and psychiatrists gave proof that it could be “unreliable to interpret the entries on this approach.”
Folbigg had been struggling a serious depressive dysfunction and “maternal grief” when she made the entries, Callan mentioned.
“This casts Ms. Folbigg’s expressions of guilt and duty for the deaths of her kids in her diary entries in a really completely different gentle,” Callan mentioned.
Folbigg made 545 pages of closing submissions that urged Bathurst to seek out affordable doubt of guilt and a “sturdy chance of innocence,” Callan mentioned.