The Australian Academy of Science welcomes today’s report by former Chief Justice of NSW Tom Bathurst AC KC confirming reasonable doubt regarding the convictions of Kathleen Folbigg.
The Academy is pleased the Commissioner has referred this case to the Court of Criminal Appeal for potential quashing of her convictions.
The Academy’s President, Professor Chennupati Jagadish, said Commissioner Bathurst and Counsel Assisting the Inquiry, Ms Callan SC, Ms Roy and Ms Wootton must be applauded for adopting mechanisms to have science so comprehensively considered throughout the Inquiry.
“Science needs to inform decisions wherever they are made, including in the justice system, and the second Folbigg Inquiry benefited from the Academy being appointed an independent scientific adviser,” said Professor Jagadish.
The Academy is calling for a more science-sensitive legal system in every Australian jurisdiction so that miscarriages of justice are not repeated.
Chief Executive Anna-Maria Arabia said Ms Folbigg’s case demonstrates the need for decisions in the justice system to be routinely informed by reliable evidence especially when it involves understanding complex and emerging science.
“We look forward to working with Attorneys-General across Australia to bring about law reform to create more science-sensitive legal systems,” said Ms Arabia.
The Academy said Ms Folbigg’s case demonstrated the need for law reform in the following three areas:
- the adoption of a reliability standard to determine admissibility of evidence
- mechanisms for the selection of experts by independent and reliable sources, particularly where complex scientific material is required to inform decision making
- the establishment of post appeals review mechanisms, such as a Criminal Case Review Commission.
The Academy would like to acknowledge the contributions of the many scientific experts from across the world who gave written and oral evidence at the Inquiry.
