Folbigg,53,is seeking to quash the outcome of the 2019 judicial inquiry by the Honourable Reginald Blanch AM,QC,which reinforced her guilt for the murders of Patrick,Sarah and Laura,and the manslaughter of Caleb,who were all aged between 19 days and 18 months old when they died between 1989 and 1999.
The inquiry,which was launched in 2018 after persistent petitioning from Folbigg’s supporters,found there was no natural explanation for the children’s deaths,and reinforced Folbigg’s guilt.
Folbigg’s barrister,Jeremy Morris SC,told a Supreme Court appeal hearing before Justices John Basten,Paul Brereton and Mark Leeming on Tuesday that Mr Blanch should have considered evidence that pointed to the possibility that Folbigg’s husband,Craig Folbigg,could have killed the children.
Mr Morris said in a telephone intercept that was redacted,Mr Folbigg had given “evidence of a potential motive” and method for killing the children.
But Justice Paul Brereton said the recording,and the notion that Mr Folbigg could have been the killer,“was never part of the trial,never a real issue”.
Mr Morris said in determining “whether there’s a reasonable doubt about the guilt of the accused” that such evidence “would need to be excluded” by the inquiry and should have been considered.