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Legal Academics – Calling on the AG for Folbigg’s Immediate Release
Fourteen academics from law faculties in universities of NSW have co-signed a letter for the Attorney General, Mr Michael Daley, to immediately release Ms Folbigg from prison pending the further steps that will be taken for her complete exoneration. The…
Motion of Sue Higginson to NSW Parliament
On Wednesday, 31 June, Sue Higginson (Greens Party) made a motion in the Legislative Council of the NSW Parliament. The speech demonstrated the courage that our legislators require to do their job and seek genuine justice rather than hiding behind…
Colin Campbell Eadie Ross (1892-1922)
Colin Ross’s Background Colin Ross was born in Melbourne, Australia and had a difficult life. With four siblings, his father died when he was just eight years old, leaving he and his siblings to be cared for by his mother. …
Criminal Case Review Commissions and Criminal Appeal Limitations
The way in which criminal cases involving potential injustice are dealt with in NSW is flawed and lead to serious problems – Kathleen Folbigg is an example of the systemic failure. An alternative approach is offered in this lecture.
Media Interest – Colin Ross
The media has followed the case since its inception. While the earlier reports were demonising, the later scientific evidence has raised the obvious question – did the court get it wrong? This question is not only raised in the Australian…
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.