Carr policy jails oldest woman

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Sudden Infant Death Syndrome! & The Kathleen Folbigg Case

Kathleen Megan Folbigg, 37, is either Australia's worst female serial killer or her case is a serious miscarriage of justice in which an innocent mother has been wrongfully convicted of infanticide.

In the NSW Supreme Court on May 21, 2003 Kathleen Folbigg was found guilty of murdering her children Patrick, Sarah and Laura at Newcastle and Singleton between 1991 and 1999. She was also found guilty for the 1989 manslaughter of her firstborn Caleb and of inflicting grievous bodily harm on Patrick in 1990.

It took a jury comprising six men and six women just less than nine hours to reach its decision. Folbigg, who had pleaded not guilty to all charges, broke down in visible shock as the verdicts were read out. Justice Graham Barr sentenced her to 40 years imprisonment with a non-parole period of 30 years.

At Sydney's Mulawa Women's Detention Centre, Folbigg was placed in protective custody for fear that other prisoners would kill or seriously injure her as a result of the convictions. "Rock spiders" (Australian prison jargon for child killers and child molesters) live a tenuous existence within the prison community because they are despised by both male and female mainstream populations. They require the security of segregation within protective custody for some degree of safety from other prisoners. Folbigg remains isolated in segregation whilst serving her sentence.

Kathleen Folbigg's tragic family history also gave significant impetus to the Crown's contention that she was capable of wilfully murdering her four children. Abandoned by her natural mother as an 18-month-old toddler Folbigg was raised in a succession of orphanages and foster homes after her father, Thomas John "Taffy" Britton murdered his estranged de facto.

Britton confronted Kathleen Mary Donavan outside her home in the Sydney suburb of Annandale on January 9, 1969 and stabbed her 24 times. They had been living in a de facto relationship that had produced 18-month-old Kathleen prior to Donovan leaving during November the previous year. Britton was convicted of murder and received a life sentence. He served 12 years before getting deported to the United Kingdom.

Kathleen was sent to a church orphanage where she remained until she was adopted by a foster family from the Newcastle suburb of Kotara. Raised as Kathleen Marlborough, she was an adult before she learned the truth about her parents. The impact of those events is evidenced by a diary entry dated October 14, 1996 in which Kathleen Folbigg wrote, "Obviously I am my father's daughter".

That diary entry, made after three of her children had already died, was seized upon as a circumstantial link to her guilt. Crown Prosecutor Mark Tedeschi QC claimed the entry indicated Folbigg was a violent murderous person like her father and suffered from an attachment disorder that prevented her from bonding with her four children. Although the damning memoir was ruled prejudicial and not disclosed to the jury, other parts of the diary were used.

The court was told that Kathleen met Craig Folbigg and the pair married in 1987. Their first child was born February 1, 1989. Caleb was 19-days-old when Craig was awoken by Kathy's screams, "My baby, something is wrong with my baby!". Caleb was dead. His death was diagnosed as SIDS (Sudden Infant Death Syndrome).

Eighteen months later Kathleen Folbigg gave birth to Patrick. He was four months old before history repeated itself but ambulance officers were able to revive the baby despite massive brain damage. Patrick lived another four months before he died. Doctor's diagnosed an epileptic fit as the cause of death.

October 14, 1992 the Folbigg's third child, Sarah, was born. Craig Folbigg testified that on the day Sarah died Kathleen had pinned the child to her in a bear hug while slapping her bottom. She then pushed the child onto him saying, "You f...king deal with her". Later that night he woke about 1.10am to find his wife and Sarah missing from their beds but went back to sleep. He was woken by Kathleen's screams. Sarah was motionless in her bed. SIDS was again diagnosed as the cause of death.

The Folbigg's fourth child, Laura, was born in August 1997 and survived for 19 months before she also died. After Laura's death the marriage collapsed and Kathleen left Craig and moved into a flat. After Kathleen left, Craig Folbigg found his wife's diary and handed it to police.

Kathleen denied any involvement in the deaths of her children but in April 2001 she was charged with four counts of murder and one count of inflicting grievous bodily harm.

The Crown successfully argued that Folbigg suffocated her four babies over a ten-year period, because she had a low threshold to stress and had resented their intrusion into her life, despite any conclusive evidence to support that theory. Tedeschi told the jury that Folbigg smothered her babies "in a flash of anger, hatred and resentment".

Folbigg's defence team retaliated to those accusations by claiming that 19-day-old Caleb, 8-month-old Patrick, 10-month-old Sarah and 19-month-old Laura all died from SIDS. They argued Caleb died from a floppy larynx, Patrick, an epileptic fit, Sarah, an inflamed uvula and Laura died of the heart disease myocarditis.

A panel of international experts disagreed and unanimously testified they had never heard of four children in the same family dying of SIDS. It was claimed the odds of it occurring within the same family was a staggering one in one trillion. Despite those odds a disturbing similarity has emerged between the Folbigg case and 258 similar British cases of infanticide where parents convicted of killing their children will have their cases re-opened.

The process began after the British Court of Appeal overturned the conviction of Angela Cannings on December 10, 2003.

Cannings was jailed for life in April 2002 for the murder of 7-week-old Jason in 1991 and 18-week-old Matthew in 1999. She denied murdering the boys claiming they were victims of SIDS. Her appeal was based on several factors but principally that the expert evidence relating to SIDS was misleading. She joins two other British women also freed after being accused of killing their children.

Sally Clark had been jailed for life for murdering her two baby sons but was cleared by the Court of Appeal in January 2004. A June 2004 jury at Reading Crown Court also cleared 35-year-old pharmacist, Trupti Patel, of murdering her 3 babies.

In Australia Kathleen Folbigg steadfastly maintains her innocence while her murder convictions continue to ignite speculation about what causes mothers to kill their own children. It is the inherent danger of miscarried justice that continues to exist while mystery and uncertainty surrounds SIDS and its possible causes.

Those inherent dangers are compounded if unexplained infant deaths result in authorities wrongly targeting innocent mothers, who have lost children to SIDS as evidenced by the recent British cases.

By Bernie Mathews posted 30 September 04

Related:

Experts in child abuse cases face inquiry
UK: The government launched an official inquiry into the quality of expert medical evidence in child abuse cases last Thursday, as the implications of the miscarriage of justice in the Angela Cannings case continued to perplex ministers.

Folbigg, convicted until proven innocent
Convicted August 2003 for the manslaughter of her eldest child Caleb, and the murder of her next three children, Patrick, Sarah and Laura. Disturbing similarities between the case of Kathleen Folbigg and that of Sally Clark (nb. Other Meadows cases Trupti Patel, Angela Cannings, Donna Anthony, Margaret Smith, Julie Ferris, Maxine Robinson) using "Meadows law" one cot death is tragic, two suspicious, three murder." The Attorney-General in England is reviewing more than 250 cases where a parent may have been wrongly convicted. In other words, Professor Meadows evidence has been totally discredited. There is a furore in England, but no mention in Australian press?

Cot deaths and justice
Did you kill your babies?' A whisper came from the crumpled figure in the dock: 'No.' The whisper grew louder: 'No, no.' It was as if we were witnessing torture in Reading Crown Court. It is hard to imagine a crueller inquisition than that which faced Trupti Patel: a mother loses three babies in cot death and then goes through the hell of being accused of murdering them.

Accused of abuse, but never tried
Parents have lost access to their children without a criminal trial. Mothers Sally Clark and Trupti Patel found themselves in the dock accused of murdering their babies partly on the strength of expert testimony by Sir Roy Meadows. But other families have been forcibly separated thanks to Sir Roy's testimony without police charges ever being brought.

Folbigg may have been innocent
On the other hand, some people simply lied or got it wrong because the system failed, The prosecution is not equal to the defence, professional opinions can be flawed and juries can determine the wrong evidence.

Cot Death Mothers: The Witch Hunt
John Sweeney investigates when mothers, grieving the loss of a child after cot death, are wrongly accused of murder.

Probe REQUIRED into nursing home deaths!

Investigations are continuing into outbreaks of "alleged influenza" in four Hunter Valley nursing homes, with five more deaths in as many days.

Hunter Health says cases of influenza A have been confirmed in three of the four privately operated aged care facilities - several residents at the fourth home are suffering flu-like symptoms and five have died this week.

This appears to be GETTING A BIT OUT OF HAND about deaths in nursing homes and we SHOULD be a bit suspect about the claim that it is the flu.

At this stage, the deaths have not been conclusively linked to influenza A, although further testing is underway. [?]

Allegedly the same illness was responsible for the deaths of 10 Elderly Residents [?] at the Bethel nursing home in the Newcastle suburb of Waratah earlier this month.

Currently 80 people are suffering from allegedly flu-like symptoms at the four facilities.

By Starsky and Hutch 29 September 04

SPOK: MAKE NO "BONES" ABOUT IT. WE NEED A PROBE!

BONES: ACTUALLY I DON'T THINK IT'S THE FLU!

Governments urged to change race hate laws

The Ethnic Communities Council of Australia is calling on the state and federal governments to amend racial vilification laws in response to a reported race hate campaign at Newcastle University.

Council chair Abd Malak says there have been similar incidents at five other Australian universities, as well as several Sydney high schools in recent months.

Mr Malak says he wants to see the legislation changed to speed up the legal process of convicting offenders.

"It will take years to get a result and at the same time allow the person doing the wrong thing to continue doing these sorts of things for a couple of years before any remedy to stop it, it's meaning the victim to suffer a couple of years before any current remedy can be achieved," he said.

By Just Us 19 August 04

THE RABBIT: All a bit much for Howard considering the prime minister is a racist wouldn't your think?

Related Australian Race Links:

Education the key to race hate crimes, Jewish group says
Perth's Jewish community says people convicted of racially-motivated attacks should be educated so they realise the damage their actions cause.

Downer out of touch: Archbishop Carnley
Anglican Archbishop Peter Carnley has called on Alexander Downer to lift his game, saying the Foreign Minister has put Australia into a "difficult position internationally".

Muslim communities isolated and vulnerable: report
A national report looking at the extent of prejudice against Arab and Muslim Australians has highlighted the fear, isolation and vulnerability it says many people in those communities are feeling.

THE AUSTRALIAN brainwash young: Smith
Extremist's Newspaper the Australian is preaching social disharmony and intolerance in Australia specifically to target young Muslims, the community has warned.

Islamic movement denies links to Al Qaeda
The Islamic Youth Movement has denied having any links to Al Qaeda and says it is considering legal action against the Four Corners program. In a statement released early this morning, the group rejects allegations it is helping coordinate any kind of terrorist network inside Australia and says it is being unfairly targeted.

Police ' overdoing their job' in cleric arrest: 'Justice Action'
Mr Green a spokesperson from Justice Action said, "The police were overdoing their job and community leaders need to assert their personal views to the wider Australian community by reporting such abuse as Sheik Hillarly has done.

Alarm over terror in 'Australia'?
Intelligence sources claim ASIO found spent empty bottles at the undisclosed state forest training camp and listened in on some of the spiritual discussions.

Specific Legislation
"If there is a target person the police would have powers in relation to that type of person," Mr Costa said. Asked what he meant by "type of person", Mr Costa said: "The example that's been given is if there's a description of somebody, an identikit photograph released by Interpol or other agencies ... these powers may well be exercised on that type of person."

Same boat
The Premier, Bob Carr, relies on a militia. A gang of bikies and our Police Service, to show all of us he is no murderer. He should be taken to the task along with his partners in crime like Clive Small to account for those people who like my self have been maliciously assaulted and who have complained, without any service and those who cannot speak for themselves who were murdered, like Terry Falconer.Terry murdered in custody.

Remembering the Common Hood Soweto and Runnymede
I flew from Detroit, with one stop, to the University of Witwatersrand in Johannesburg to participate in an international conference, The Promise of Freedom and its Practice: Global Perspectives on South Africa's Decade of Democracy.

The Irrational Anthem:
Australians all let us rejoice
For we are young and free
And white and rich and middle class
And not damn' refugees
Or black, or poor, or prostitutes,
We don't want that sort here,
Or scum who use illegal drugs,
What's wrong with fucking beer
It's people who are not like us
Advance Australian Fear!

But there are Keys!
Charles Dickens said, "Life is a secret and you haven't got the key."

THE RABBIT: The Federal Government is unable to lead by example. So is it any wonder about the race hate problem exacerbated by the government's war agenda.

Related Ethnic Treatment Links: 

Habib's call renews welfare concerns
Waiting: Maha Habib has spoken to her husband for the first time in two-and-a-half years.

Hicks defence team likely to gain more time
The head of the military trials planned for two Australians held at Guantanamo Bay says he believes their defence teams will be given whatever additional time they need to prepare for trial.

Hicks, Habib denied natural justice: Liberal MP
A federal Liberal MP has accused the Government of not doing enough to secure a fair trial for Guantanamo Bay detainees, David Hicks and Mamdouh Habib.

Guantanamo abuse claims prompt new inquiry calls
New claims of abuse at Guantanamo Bay Cuba have prompted fresh calls for an Australian inquiry into the treatment of detainees David Hicks and Mamdouh Habib.

Mamdouh Habib: Taunted and Tortured!
Habib came to ASIO's notice when he fell out with the ADF obviously someone had it in for Mamdouh and the ADF tipped off ASIO and the AFP to taunt him. By the sounds of it he was declared a wog. That's Aussie slang for get the bastard he's not one of ours and we can discriminate against him he is an easy target. Aussie race hate!

Howard rejects spy agency overhaul
Prime Minister John Howard has played down the need for a major overhaul of Australia's spy agencies as a result of an inquiry by former intelligence officer Phillip Flood.

He was an undercover agent for the blues
He was my journalist, he was working undercover. The fellow knew all of the moves.... He really had me romping, bare footing stomping. He just kept igniting my fuse....

Man faces terrorism charge in WA
Australian Federal Police Chief Mick Keelty says a Perth man has been charged with conspiracy to commit a terrorist act in Iraq.

Habib to face US military trial
The United States Government has given the go-ahead for the Australian Guantanamo Bay inmate, Mamdouh Habib, to go to trial for being innocent. Mr Habib could now be granted access to a military and civilian legal team.

US tortured Habib in Egypt: report
Australian terror suspect Mamdoub Habib was allegedly tortured in Egypt before being sent to Guantanamo Bay in Cuba, according to the Pakistani Government.

Hicks movie to premiere in Adelaide
A movie about Guantanamo Bay detainee David Hicks, President versus David Hicks, by award winning filmmaker Curtis Levy will be screened in Adelaide tomorrow.

There is no justification for torture
In the weeks since the abuses at Abu Ghraib prison were revealed, evidence continues to seep out of similar mistreatment of prisoners in other US military detention centers in Iraq, Afghanistan, and Guantanamo Bay.

US lawyers demand access to Habib
Lawyers for Guantanamo Bay detainees, including Mamdouh Habib, have written to United States Defence Secretary Donald Rumsfeld demanding access to the men.

Guantanamo prisoners may be moved to US soil
The US authorities may move hundreds of prisoners from their controversial Guantanamo Bay detention camp in Cuba to the United States following new Supreme Court rulings, the Los Angeles Times has reported.

Govt urged to seek civil lawyer for Habib
The Law Council of Australia has called for the Federal Government to ensure Guantanamo Bay inmate Mamdouh Habib has access to a civil lawyer.

Pentagon names tribunal for Hicks trial
The Pentagon has named the officers who will decide the fate of David Hicks and two other Guantanamo prisoners charged by the United States in the first US military tribunals since World War II.

US terror suspects can challenge detention
The US Supreme Court has ruled that US courts have jurisdiction to hear appeals from foreign detainees held as enemy combatants in the US military base at Guantanamo Bay, Cuba.

Hicks lawyer praises Guantanamo decision
The lawyer for an Australian man detained at the Guantanamo Bay Naval Base has welcomed a US Supreme Court ruling permitting judicial appeals from foreign detainees held as enemy combatants.

Hicks and Habib in the Melting Pot
Australia: The United States has brought three criminal charges against Australian David Hicks, accusing him of conspiracy to commit war crimes, attempted murder and aiding the enemy, the Pentagon has said.

Rumsfeld had approved abuse
US Defence Secretary Donald Rumsfeld authorised hoods, the stripping of prisoners and the use of dogs to terrify inmates at Guantanamo Bay almost two years ago, documents released yesterday revealed.

How much is that doggy in the prison? Woof woof!
Did the Iraqi prisoner's get their rations while they were treated like chums?

Failure to condemn prison abuse risks lives: Kenny
The Prime Minister is morally bankrupt stay "alert and alarmed"

Prisoner's identity concealed to prevent Red Cross access
US Defence Secretary Donald Rumsfeld, acting at the request of the CIA, ordered that a suspected Iraqi insurgent leader be detained off the books to conceal his identity from the International Committee of the Red Cross (ICRC), the Pentagon has confirmed.

US has secret prisons: rights group
The United States is holding terrorism suspects in more than two dozen detention centres worldwide, about half of which operate in total secrecy, according to a new human rights report.

This won't hurt much
For some time now, I've been trying to find out where my son goes after choir practice. He simply refuses to tell me. He says it's no business of mine where he goes after choir practice and it's a free country.