The following lecture notes relate to a presentation give to ‘the floor’ of the Sir Owen Dixon Chambers by Dr Robert Cavanagh.
The presentation used the case of Kathleen Folbigg as a case example to examine the limitations of the criminal appeal process in Australia as it relates to victims of injustice and to propose an alternative approach – creating a Criminal Case Review Commission.
September 11 heralded many changes across the world. In Australia, one of those changes was a move toward greater restrictions on fundamental legal rights. This article explores some of those changes.
This is a request for a coronial inquest into the disappearance of Bruce Gavin Schuler to be opened by the Queensland Goverment. It is only open to residents of Queensland to sign but it requires 10,000 signatures to succeed. The…
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.
Political prosecutions are commonplace in authoritarian jurisdictions but they seen more in democracies now too. Their existence is a major problem and represent a crime against democracy.
The following is taken from a book published by former detective, Graeme Crowley in 2025: ‘Fools Gold? The Bruce Schuler Murder’. Mr Cowley also presents a podcast, and discussed this case in one of his episodes. According to the Prosecution’s Case…
60 Minutes presents the scientific data and opinion that proves there are real medical explanations for the death of Kathleen’s children. Kathleen’s conviction can’t possibly be beyond reasonable doubt.