New research on rare genetic mutation may find Kathleen Folbigg innocent

New research on rare genetic mutation may prove Kathleen Folbigg’s innocence

Kathleen Folbigg

On the second day of the judicial inquiry into convicted killer Kathleen Folbigg, new evidence was presented suggesting a rare genetic mutation was the “likely” cause of death of two of Folbigg’s children. 

Two genetic experts from Denmark were flown into Sydney to give evidence at the inquiry, where they explained their research into a rare inherited genetic mutation, CALM2-G114R, which they believe may cause cardiac arrhythmias and sudden death in children.

Associate Professor Mette Nyegaard from Aarhus University and Professor Michael Toft Overgaard from Aalborg University co-authored a research paper published in March last year which revealed the genetic mutation found in Folbigg’s daughters Laura and Sarah, may be a “reasonable explanation” for the cause of their deaths. 

In 2003, Folbigg was convicted of the homicides of her four children, Caleb, Patrick, Sarah and Laura when they were infants. She is currently serving a 25-year non parole period.

Folbigg has always maintained her innocence, insisting her children died of natural causes. 

The judicial inquiry into Folbigg’s conviction began on Monday this week, after more than 150 experts around the world signed a petition endorsing Overgaard and Nyegaard’s research as proof of Folbigg’s innocence. 

On Tuesday, Overgaard revealed that the rare gene mutation “likely… caused the deaths” of the children.

“The scientific community regarded up until 2012 that variations in calmodulin were incompatible with life,” Professor Overgaard said. 

In their research paper, the pair found that “the genomic revolution heralds a new era for the assessment of recurring familial sudden deaths of infants and children, an era that reasserts the presumption of innocence for tragically unlucky families.”

According to one junior counsel assisting the inquiry, the new evidence has now been tendered. 

Retired chief justice Tom Bathurst, QC, who is presiding over the inquiry, adjourned proceedings until February 2023, saying both parties involved needed time to process fresh evidence – though the exact nature of the new evidence has not been revealed. 

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