Relief after long road
University of Newcastle Legal Centre director Shaun McCarthy, who has formerly acted as Ms Folbigg's instructing solicitor, said he had heard from many of the students who helped him work on her case between 2013 and 2017.
The relief Kathleen Folbigg felt when she was released from prison on Monday was shared not only by her close friends and legal team, but by the many other legal and academic minds involved along the way. Mr McCarthy said he felt a sense of relief that all of the medical and scientific evidence was now being looked at more closely.
"The wheels of justice can turn slowly," he said. "Concerns about the convictions gained significant support after the publication of a thesis and booked titled Murder, Medicine and Motherhood by academic Emma Cuncliffe in 2011, and the legal centre took up the case with three Newcastle barristers in 2013." Mr McCarthy met with Ms Folbigg in jail to speak to her at length, as well as communicating by letter. He saw the case as having parallels with the Lindy Chamberlain case, saying it went to "the heart of the rule of law".
Under his supervision, fourth-year students went through the transcripts of Ms Folbigg's trial and researched "similar wrongful conviction cases" in England, as well as exploring the advances in medicine and science since the 2003 trial, he said. "That was significant, even at that time," Mr McCarthy said. "There were a series of similar cases where convictions had been overturned so it was quite pivotal in terms of the research being undertaken." The team put together a case for a judicial review, which was successful, and while the first inquiry did not go Ms Folbigg's way, it was an important first step, Mr McCarthy said.
"The fact that we were able to get the first inquiry was very important," he said. "Many students have written to me over the past couple of days recalling their time at the centre and their work on the case and the impact the case has had on their legal career ... reflecting on the importance of public interest advocacy, and social justice. "This pardon has certainly made them reflect on the contribution they made during their time at the centre." The legal centre continues to work on cases, with requests from people seeking their support.
CREDIT: Gabriel Fowler
This article was originally published in the Newcastle Herald. The full article can be read here.
More information on the University of Newcastle Legal Centre can be found here.
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