Similar Posts
Profiteering From Offshore Detention
Offshore detention has been a policy of the Australian government since the Howard years. Mark Basa is currently held on Christmas Island – but how much does offshore detention cost and who profits from it. The Guardian recently published an article about the company that manages the detention centre on Nauru.
A Second Inquiry for Kathleen Folbigg
Fourteen months after the request for a pardon was presented, the Governor of NSW, the Hon Margaret Beazley, has announced that a second inquiry would be held into the conviction of Kathleen Folbigg. This recommendation was made by the Attorney…
Articles | Expert Evidence | Fundamental Legal Rights | Fundamental Legal Rights | Historical Cases | Kathleen Folbigg | Lindy Chamberlain | Miscarriage of Justice
Miscarriages of Justice: The Role of Experts
Dr Cavanagh presented an article at the Hunter Regional Law Society on Friday 28 March 2025. The presentation focuses on what happens when expert evidence is misleading, when it is not based on facts and is not the opinion of…
The Australian | Kathleen Folbigg case the mother of all injustices?
See the original article by Quentin McDermott and published in the Australian on October 9, 2021 here. The very diaries that helped convict child killer Kathleen Folbigg may now hold the key to overturning her convictions. Four leading experts have come…
Mark Basa, Now On Christmas Island
Mark Basa has been at the Villawood Detention Centre for several years. Without warning and in the middle of the night, he was recently taken from Villawood to Perth where he stayed for a number of weeks. Then, again in the middle of the night and without warning, he was taken in chains to Christmas Island.
Articles | Crime | Expert Evidence | Kathleen Folbigg | Law | Smothering | Trials
Evidence Excluding Smothering
The most important requirement in all criminal trials is that the onus of establishing guilt is to the standard of beyond reasonable doubt. This standard of proof stays immovably with the prosecution throughout a trial. In Kathleen Folbigg’s case an essential element that needed to be proved beyond reasonable doubt was that she intended to kill or cause grievous bodily harm to her children.
The prosecution said that she smothered them, but failed to prove this was the case.